iQCensus Terms of Use

1. ACCEPTANCE OF TERMS OF USE

1.1 The website and services available at https://iqcensus.com.au (collectively "Website") are governed by these Terms of Use.

1.2 The Website is owned and operated by Location IQ Pty Ltd (ACN 134 351 625) of Suite 5, Level 27, 25 Martin Pl, Sydney NSW 2000 ("Company ", "we", "us").

1.3 By accessing or using the Website you agree to be bound by all of its terms (including these Terms of Use and the Privacy Policy). If you do not agree with these Terms of Use (including any amendments to these terms) you must immediately cease using the Website.

2. AMENDMENT TO TERMS OF USE

2.1 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.

3. WEBSITE CONTENT AND DATA

3.1 We use reasonable endeavours to ensure that the information we include on the Website is accurate and up-to-date. We cannot guarantee the accuracy, currency or completeness of the information provided and we accept no responsibility for errors in the content at any time.

3.2 The version of the data that the Website uses is set out in a window that appears when you open the relevant service. The relevant service also states what data set it is using.

3.3 The version of data we use on the Website is the most recent data set that we were able to obtain. We cannot guarantee that it is the most recent data set collected.

3.4 We do not guarantee that your use of our Website will be uninterrupted or error-free, or that materials accessible on or through the Website will be free from errors, viruses, worms or other harmful codes.

4. INTELLECTUAL PROPERTY

4.1 The content provided by us on this Website is owned or controlled by us. The intellectual property rights in all materials included in the Website are owned by us, and all rights in those materials are reserved. You must not modify, copy, adapt, publish, reproduce or distribute those materials except as set out in this clause.

4.2 You must not remove any copyright or trade mark notices from any materials included in the Website.

4.3 You may copy, modify, adapt, publish, reproduce and distribute the graphs and data displayed by the service provided that you do not remove the Location IQ logo or any copyright ot trade mark notice.

4.4 You may use our trade marks or logos with our prior written consent, or to legitimately identify our Website.

4.5 You may link to this website provided you do so in a way that accurately indicates that the link is to a Location IQ Pty Ltd website and is not misleading.

4.6 We reserve the right to review, edit, move or delete any material displayed on the Website at any time without notice.

5. YOUR USE OF THE WEBSITE

5.1 You agree to only use this website in accordance with these Terms of Use and any applicable laws. You may be held personally liable for any unlawful use of this website.

5.2 Without limiting clause 5.1, you agree that you must not:

(a) use data mining or similar data gathering tools or attempt to copy any data available via the Website;

(b) upload or permit any virus or malicious to adversely affect the Website or any associated equipment; or

(c) reverse engineer, decompile, disassemble or otherwise attempt to derive the source or object code of the Website or any part thereof.

5.3 Without limiting clause 5.1, you agree that you must not use the Website to:

(a) mislead or deceive others;

(b) infringe the rights (including intellectual property rights) of us or any third party;

(d) interfere with or disrupt the operation of the Website;

(e) defame, abuse or harass any individual;

(f) collect or store data about other users of the Website; or

(g) violate any law.

6. MISUSE OF THE WEBSITE

6.1 If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us at admin@locationiq.com.au.

7. TERMINATION OR SUSPENSION OF THE WEBSITE

7.1 The Company has the right to terminate or suspend the operation of the Website (including in part) for any reason, without notice and without liability. The Company may (without limitation) suspend the Website to conduct maintenance or to implement updates.

8. LINKING AND FRAMING

8.1 The Website may contain links to other Websites and may display content or information (including advertisements) from other websites within frames on the Website. We are not responsible or liable for that content and do not warrant its accuracy, completeness or suitability for any purpose

9. PRIVACY

9.1 Any personal information collected by us through your use of the website will be dealt with in accordance with our Privacy Policy, available at https://iqcensus.com.au/home/IQcensusPrivacy

10. LIABILITY

10.1 To the maximum extent permitted by law, the Company and its directors, officers, employees and agents (" released parties") exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss, loss of profits or loss of opportunity) which you suffer, whether arising under contract, tort (including negligence), equity, statute, or any other cause of action, or otherwise, as a result of using the Website, or relying on any content, information or service available on or from the Website.

10.2 You release the released parties from all such claims and liability.

10.3 You indemnify and hold the Company and its directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your breach of these Terms of Use or any law, or any activity you engage in via the Website.

10.4 The Website is provided "as is". To the maximum extent permitted by law, the Company excludes all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the Website. Without limitation, the Company does not warrant that:

(a) the Website or any of its functions will be uninterrupted or error free;

(b) the data our Website uses is accurate, current, complete or up-to-date;

(d) the Website or any server that makes it available is free of errors, viruses or malicious code.

10.5 In respect of any conditions, warranties and guarantees which cannot be excluded under statute, to the extent permitted by law, the liability of the Company for a breach of such a condition, warranty or guarantee is limited (at its option) to supplying the services again or payment of the cost of having the services supplied again.

10.6 The Company shall not be liable for any failure to perform its obligations under there Terms of Use where that failure is caused by any action or cause which is beyond the reasonable control of the company including, without limitation, any form of technological failure or the actions of third parties. The Company has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise.

10.7 In all other respects, the Company's liability under these Terms of Use in or in any way relating to your use of the Website or any information obtained through or from the Website (including liability for negligence), is limited to the fees you have paid for access and use of the Website or one thousand dollars (A$1,000) whichever is the lesser.

11. ENTIRE AGREEMENT

11.1 These Terms of Use constitute the entire agreement between us and you with respect to the Website.

12. NO WAIVER

12.1 If we do not take action in relation to a particular breach of these Terms of Use, this will not be treated as a waiver by the Company of any right or remedy in respect of any existing or future breach of these terms.

13. NO ASSIGNMENT

13.1 These Terms of Use may not be dealt with in any way by you (whether by assignment or otherwise) without our prior written consent.

13.2 You agree that we may assign this agreement to a third party without notice.

14. GOVERNING LAW

14.1 These Terms of Use will be governed and construed in accordance with the law in force in New South Wales, Australia and you unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

14.2 Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws.

15. CONTACT DETAILS

15.1 You can contact us at hello@locationiq.com.au.

Last updated on 14 April 2020