Terms of Use
This document sets out the terms that apply to subscribers of the Services provided from or via our website(s), including www.pointerra.com, app.pointerra.io and similar sites and subsites (Website), including access to and use of point cloud visualisation services and associated viewing tools and functionality (Visualization Service).
By using this Website, you accept all of its terms (including these Terms of Use and the Privacy Policy, and all terms incorporated by reference). A reference in these Terms of Use to ‘Pointerra’, ‘we’, ‘us’ or ‘our’ means Pointerra Limited ACN 078 388 155. A reference to ‘you’ or ‘Users’ means you or the entity you represent. If you are using the Website on behalf of another entity, you represent and warrant that you are authorised to accept these terms on behalf of that entity.
We reserve the right to update or amend these Terms of Use at any time. You should check this page from time to time to make sure you are aware of any changes.
Additional terms apply to the use of this Website by paid subscribers. Depending on their subscription level, Subscribers are able to access enhanced Visualisation Services, plus the ability to upload and view their own point cloud data using the Visualization Service (Hosting Services), and to license their point-cloud data for use on the Website (Data Contributions Licenses).
Users which register or subscribe with the Website may be offered the option to download a copy of selected point-cloud data from the Website, subject to payment of applicable fees and the Data Download Terms (Data Download Terms).
These Terms of Use do not alter the terms of any other agreement you may have with us (including any Subscription agreement or Data Download Terms). To the extent of any inconsistency between these terms and any other agreement with us, the other agreement(s) will prevail.
Website content and services
The content and functionality provided by us on this Website is owned or controlled by Pointerra and is protected by copyright, patent and other intellectual property laws in Australia and overseas. You may only use the content and functionality on this Website for your own personal or internal business purposes, and may not otherwise use, copy, reproduce, modify, publish or transmit the content without our prior written consent.
We may change the scope, nature or extent of the content and functionality available to Users under these Terms of Use at any time.
We use reasonable endeavours to ensure that the information and content we include on this Website is accurate and up-to-date. But we cannot guarantee the accuracy, currency, suitability, reliability or completeness of the information, software, products, services, graphics and other content provided or otherwise appearing or available on this Website, and we accept no responsibility for errors in this content at any time.
We do not guarantee that use of our Website will be uninterrupted or error-free, or that materials or content (including Download Data) accessible on or through the Website will be free from viruses, worms or other harmful codes. To the extent permitted by law, all liability is excluded for any loss (including indirect loss), damages or injury resulting from your access to (or inability to access) or use of this Website, or as a consequence of any content or information obtained from or through this Website.
This Website includes trade marks which are protected by law. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services. You may not remove or cause to be removed any Pointerra logo, watermark or other Pointerra or third party attribution from any of the content you access on the Website.
You may link to this Website provided you do so in a way that accurately indicates that the link is to a Pointerra website and is not misleading.
You must expressly acknowledge Pointerra, in a reasonably prominent manner (by display of the Pointerra logo or other appropriate attribution), as the source of any aspect of the Website (or works based thereon) that you use, copy, modify or distribute.
Registration
Some functionality and content on the Website may be accessible only upon a User registering with the Website. The following terms apply to your registration to the Website and your use of any additional functionality and content. You may apply to register with the Website here.
Upon acceptance of your registration application, we will provide you with means to access your account and any additional content and/or functionality, such as a username and password (Login details). Login details are personal to you and must not be disclosed to any person (or the entity you represent, if applicable).
You must notify us immediately you become aware that another person has obtained access to the Login Details or your account. You must do everything reasonably necessary to assist us to immediately rectify any unauthorised access, including by replacement of your Login details.
We shall not be liable for any fees or costs incurred by you as a result of your disclosure of Login details to any person.
Third party providers
The point cloud models created and displayed by us on this Website are generated from third party point cloud data sets, which are provided to us under license. Details of public data sets which are used to generate content on this Website are available here.
We use third party service providers to provide content and functionality on our Website. You agree to comply with all requirements and restrictions that these third party service providers may impose on you directly, or indirectly by imposition on us, in relation to their respective products and services, during your use of this Website. The third party service providers that we presently use, and their terms of use, include those set out here.
We make no representations or warranties as to the accuracy, correctness or completeness of data sets or services provided by third party providers and we accept no responsibility for any errors, omissions, inaccuracies or distortions in them at any time. Without limiting any of the above, to the fullest extent permitted by applicable law, we will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a third party content or service provider.
Data downloads
Certain Users may be offered the ability to download a copy of particular point-cloud data (Data) subject to the payment of applicable fees. If this functionality is made available to you, the provision of Data shall be subject to the terms of the Data Download Terms
Disclaimers.
You may not use the Website for high risk activity, including without limitation (a) rail, air, marine, or space travel; (b) lifesaving, life critical or emergency response situations; (c) insurance underwriting; and (d) critical health and safety control equipment, or (e) any purpose or use which is listed in the Disclaimers section of our Website from time to time, Any such use is at your sole risk.
Third party sites
This Website may contain links or references to third party sites. We are not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.
Misuse of Website
You agree to only use this Website in accordance with these terms and applicable laws. You may be held personally liable for any unlawful use of this Website.
In particular you must not:
- distribute, modify, transmit, reuse, report, or use the content of the Website for public or commercial purposes, including the text, images, audio and video;
- upload content or other information to the Website (except with Pointerra’s prior written agreement);
- do anything to damage, interfere or disrupt access to the Website or do anything which might impair its functionality;
- use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse of either;
- publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable or confidential material or information on the Website;
- make available, upload or distribute by any means via the Website any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
- remove any content or information from the Website;
- falsify the true ownership of material or information made available via the Website;
- obtain or attempt to obtain unauthorised access, through whatever means, to the Website, or to content or functionality that is not intentionally available to applicable users of the Website;
- use the Website other than in accordance with these Terms of Use;
- attempt any of the above acts or engage, encourage or permit another person to do any of the above acts; or
- share content or engage in behaviour that violates Intellectual Property Rights in or relating to the Website.
If you think any content on this Website is inappropriate or unlawful or infringes your rights, please contact us at copyright@pointerra.com.
Service restrictions
We may prevent you from accessing the Website in our sole discretion for any reason, including if we believe that you have breached or intend to breach these Terms of Use, or any Subscription Terms, Hosting Terms, Data Download Terms or Data Contributions License.
Privacy
Any personal information collected by us through your use of this Website will be dealt with in accordance with our Privacy Policy.
Governing law
The terms of this Website will be governed by and construed in accordance with the laws in force in Western Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our Website content.
Last updated 26/07/2017.