Terms and conditions
About these legal docs
There are three legal documents that help users and channels interact harmoniously.
The three legal documents are:
User Terms and Conditions.
These Terms set out the contract between you and us regarding the use of the Service. To use the Service you must agree to the Terms. You can accept the Terms by clicking to accept or agree to the Terms, or by accessing or using the Service.
We may change or amend these Terms at any time by posting an amended or updated version on the Site. If you use the Service after the date on which the Terms have been updated, your use will be deemed to be acceptance of those updated Terms.
1.1 Definitions: In these Terms:
“Application” means all software involved in the collection, filtering and distribution of geo-data, or otherwise used in connection with the Site, the Content and/or the ThunderMaps service as we update it from time to time in our discretion and made available via the Site.
“Confidential Information” means any and all information (whether that information is oral, written or embodied in any other physical or electronic form) which is obtained directly or indirectly from another party under or in connection with these Terms, and which is marked or stated to be confidential or which by its nature is reasonably intended to be confidential.
“Content” means information uploaded, downloaded or appearing on the Service (whether created by us, you or other users or customers of the Service) including map data, notifications, alerts, locations, texts and photos or other information.
“Account Holder” means the owner of an channel registered with us for the collection and filtering of geo-data and who may (at the option of the Account Holder) provide a stream of data associated with that channel, either by distributing selected data themselves or by allowing certain users to input the relevant data (or both).
“Intellectual Property” means any and all intellectual and industrial property rights throughout the world including but not limited to rights in respect of, or in connection with: copyright (including future copyright and rights in the nature of, or analogous to, copyright); trade marks; inventions (including patents); any Confidential Information; service marks; designs; and whether or not existing now and whether or not registered or registrable and includes any right to apply for the registration of those rights and includes all renewals and extensions.
“Service” means the ThunderMaps service including the Application, the Site and any Content.
“Site” means the website operated by us at the following URL: http://www.thundermaps.com including the public areas of the website available to any user without logging in to the Service.
“we”, “us” or “our” means Cloudsource Limited, company number 3826916, a New Zealand company with its registered office at Giesbers Financial Services Limited, Level 3, Dominion Building, 78 Victoria Street, Wellington.
“you” or “your” means the individual or entity who has registered to use the Service.
“Your Content” means all Content you input onto the Service.
1.2 Interpretation: In these Terms, unless the context requires otherwise:
a clause and other headings are for ease of reference only and do not affect the interpretation of these Terms;
b words importing the singular include the plural and vice versa; and
c a reference to:
i a party includes that party’s permitted assigns;
ii $ or dollars is a reference to New Zealand currency;
iii personnel includes officers, employees, and contractors;
iv including and similar words do not imply any limitation; and
v a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
2 RIGHT TO USE
2.1 Right to use: We give you the right to access and use the Service. This right is non-exclusive, non-transferable, and limited by and subject to these Terms.
2.2 Updates to Service: You accept and agree that we may amend, update, and/or modify the Service at any time in our discretion. Your rights under these Terms will continue to apply to the Service as modified and updated by us.
3 USE OF SERVICE
3.1 Signing up for a user channel: In order to access the Service, you must have a ThunderMaps channel with us. You agree that any information you give to us in connection with your ThunderMaps channel or your continued use of the Service is accurate, correct and up to date.
3.2 Access conditions: You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify us of any unauthorised use of any passwords or any other breach of security.
3.3 Compliance: You must comply with all operating procedures, instructions or acceptable use policies notified by us from time to time.
3.4 Acceptable use: You must not use the Service for any illegal purpose or activities, or for the transmission or storage of material which is unlawful, defamatory, harassing, invasive of any individual’s privacy, abusive, harmful, threatening, vulgar, pornographic, obscene, otherwise objectionable, or offends religious sentiments, promotes racism, or contains viruses or which may infringe the Intellectual Property of any third party.
3.5 Specific restrictions: When accessing and using the Service, you must:
a not attempt to undermine the security or integrity of our computing systems or networks or, where the Application is hosted by a third party, that third party’s computing systems and networks;
b not use, or misuse, the Service in any way which may impair the functionality of the Service, or other systems used to deliver the Service or impair the ability of any other user to use the Service;
c not attempt to view, access or copy any materials or data other than that to which you are authorised to access;
d not transmit, or input into the Service, any files that may damage any other person’s computing devices or software;
e not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Site (except as is strictly necessary to use either of them for normal operation) nor communicate the same to any person nor directly or indirectly allow or cause a third party to do so; and
f notify us if you have knowledge of the existence of any circumstance that may suggest that a person may have unauthorised knowledge, possession or use of any part of the Service.
3.6 Limits on your use: You acknowledge and agree that we may impose limits or restrictions on your use of the Service, including (without limit) restricting the number of reports or alerts you may submit or receive through the Service, at any time and at our discretion.
3.7 Limiting access: Without limiting any other right or and remedy available to us, we may, at our sole discretion and without notice:
a limit or suspend your access to the Service or any part of the Service;
b terminate your channel; and/or
c refuse to publish or forward, or delete, edit or remove any of the relevant material or information in the Content, including Your Content.
4.1 Your confidentiality obligation: You must preserve the confidentiality of any Confidential Information of any other person (including us) obtained in connection with these Terms or your use of the Service and take reasonable steps to keep Confidential Information in your possession or control secure from unauthorised access.
4.2 Exceptions: Clause 4.1 will not apply to any information which:
a is or becomes public knowledge other than through a breach of these Terms;
b is received from a third party who lawfully acquired it and who is under no obligation regarding its disclosure; or
c is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party.
5.1 Your Content: You own Your Content. By inputting Your Content onto the Service, you grant us the right to use, modify, distribute and disseminate Your Content as part of the Service or for any other purpose (and you provide us with a perpetual, non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to do the same in respect of any Intellectual Property related to Your Content) and you acknowledge that (subject to clause 5.2) your name and other personal details may be displayed in connection with Your Content. You agree that we have the right to use Your Content to provide, promote, and improve the Service and to provide Your Content to third parties for their use, modification, distribution or dissemination, including as part of any other product or service.
5.2 Anonymity: If you have indicated that you wish to be anonymous when inputting Your Content onto the Service, we will use our best endeavours to ensure that your name and other personal details will not be displayed to other users or any Account Holders as being connected with that Content. Depending on the nature of Your Content, you acknowledge that it may still be possible for us to identify you as the provider of Your Content and to record that information. Your personal information may still be disclosed to certain parties in accordance with clause 6, other than in a manner that associates your personal information with any Content that you have inputted into the Service anonymously.
5.3 No compensation: All use by us, Account Holders or any third party, of Your Content may be made with no compensation paid to you.
5.4 Other Content: You acknowledge that we do not control any Content provided by any person other than us. By using the Service, you may be exposed to Content or other materials submitted by third parties or other users that may be offensive or otherwise objectionable. You acknowledge and agree that we are not responsible for any loss or damage that may be incurred by you as a result of any Content provided by any person, or as a result of any reliance placed by you on the completeness, accuracy or existence of any such Content.
5.5 Links: The inclusion in the Service of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.
6 PERSONAL INFORMATION
6.1 Receipt of personal information: In addition to any personal information received by us in connection with your user channel or your use of the Services, we may receive personal information from the computer, mobile phone or other device you use to access the Service. This data may include your IP address and other information about things like your internet service or your GPS or other location information.
6.2 Disclosure of personal information: We may disclose your personal information to service providers and others working with us to make the Service available or to improve or develop its functionality. We may also disclose any of your personal information (including your name, email address and any other personal information):
a to other ThunderMaps users and customers, as authorised by you or your use of the Service and other third parties to whom you ask us to send your information (or about whom you are otherwise notified and consent to when using the Service);
b as is reasonably necessary to provide the Service;
c in relation to the proposed purchase or acquisition of our business or assets;
d where required by an applicable law or any court, or in response to a request by a legitimate law enforcement agency; or
e to any Account Holder to whose channel you have subscribed via the Service at any time, unless we provide you with the opportunity, and you have elected, to opt out of the provision of certain personal information in the course of your use of the Service.
7 INTELLECTUAL PROPERTY
7.1 Our rights: You acknowledge and agree that we own all legal right, title and interest in and to the Service, including any Intellectual Property rights in the Service (other than those rights, title and interest in the Content retained by users in accordance with clause 5).
7.2 The Service: All future Intellectual Property rights generated by us, or the Application, from Your Content will be owned solely by us and/or our licensors (if any) and by using or accessing the Service you assign and transfer to us all such Intellectual Property rights.
7.3 Indemnity: You indemnify us against any liability, claims, costs (including the actual legal fees charged by our solicitors), and losses of any kind arising from any actual or alleged claim by a third party that our use of Your Content:
a infringes a third party’s Intellectual Property rights or privacy rights;
b is defamatory, objectionable, obscene or harassing;
c is unlawful in any way; or
d is otherwise in breach of these Terms.
8 WARRANTIES AND ACKNOWLEDGEMENTS
8.1 Information stored on Application: You warrant that you have all rights and have obtained all permissions necessary to disclose Your Content to us and for us to use such information in accordance with these Terms.
8.2 Compliance with laws: You warrant that you will comply with all applicable laws in respect of your use of the Service and information derived from the Service.
8.3 No warranties about the Service: We give no warranty in respect of the Service, which is provided “as is”. Without limiting the above, we do not warrant that the Service will meet your requirements, will be uninterrupted or error free, will be free from defects or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded to the extent permitted by applicable law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement. Without prejudice to this clause 8.3, we do not warrant that the Service will always be available, or be available at all at any time, or the information provided by the Service is complete, true, accurate or not misleading.
8.4 Your responsibility: You acknowledge that the Service is an information tool which can be used for geo-spatial mapping and reporting, in conjunction with other sources of information. It remains your responsibility to review, interpret and verify all information and outputs provided by the Service. The Service does not constitute, and is not intended to constitute, advice of any kind.
10.1 Termination by us for cause: We may terminate these Terms immediately by notice in writing if you:
a are in breach of these Terms and the breach is not capable of being remedied; or
b are in breach of these Terms and, if the breach is capable of being remedied, you have not remedied the breach within seven days of receiving notice of the breach.
10.2 Accrued rights: Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination.
11 CONSENT TO EMAILS AND SMS
11.1 Consent: You agree to receive emails and/or SMS messages from us or any Account Holder to whose channel you have subscribed at any time, including updates and information about the Service as well as any information and offers about our other products and services or the products and services of any Account Holder to whose channel you have subscribed at any time.
12.1 Indemnity: You indemnify us against all damages, losses and expenses of any kind (including the actual legal fees charged by our solicitors) arising out of any third party claim against us in connection with your use of the Service or any information created or derived from the Service by you, including any claim by any third party in connection with any failure by you to comply with any applicable laws.
13 LIMITATION OF LIABILITY
13.1 Excluded losses: We will not be liable for any of the following in respect of these Terms or the Service, however they arise, and even if the event was foreseeable or the possibility had been brought to our attention:
a loss of profit;
b loss of use of the Application;
c loss of any data, including Your Content;
d loss of opportunity;
e loss of revenue;
f loss of contracts; or
g loss of business.
13.2 Indirect loss and loss caused by another: We will not be liable for:
a any consequential indirect or special damage or loss of any kind; or
b any failure to comply with these Terms, caused by your actions or omissions or the actions or omissions of your servants, agents or any other persons whatsoever.
13.3 Limitation on liability: Despite any other provision of these Terms our total aggregate liability for all claims arising under or in connection with these Terms or the Service (including all claims for damage to property, personal injury or death) will not exceed NZ$500.
13.4 Time bar: Despite any other provision of these Terms we will not be liable to you in respect of any claim unless you have notified us of that claim within 12 months of the event giving rise to that claim being reasonably discoverable.
13.5 Force Majeure: We will not be liable to you for any failure to comply with these Terms or delay in complying with these Terms to the extent caused by events beyond our reasonable control.
13.6 Separate limitations: Each of the limitations and exclusions of liability set out in this clause 13 is a separate limitation or exclusion and applies regardless of whether such liability arises in contract, tort (including negligence) or otherwise. To the extent any particular limitation or exclusion is not permitted under applicable law, that particular limitation of exclusion will be deemed not to apply but will not affect any of the remaining limitations or exclusions under this clause13.
14.1 Rights of third parties: No person other than you and us has any right to a benefit under these Terms or will have any right to enforce these Terms.
14.2 Waiver: All of our rights will remain in full force despite any delay in enforcement.
We will not be deemed to have waived any right unless that waiver is in writing and signed by our duly authorised officer. Any waiver will apply only to the particular matter in respect of which it is given.
14.3 Assignment: We may assign our rights and obligations under these Terms (and may transfer our shares, issue new shares of make other arrangements) at any time.
14.4 Subcontracting by us: We may subcontract any of our rights or obligations under these Terms at any time, including any hosting of the Application or Your Content.
14.5 Entire agreement: These Terms express the complete agreement between you and us in respect to the Application. There has been no representation made by either party to the other except as expressly set out in this document.
14.6 Severability: If any provision of these Terms is, or becomes, unenforceable, illegal or invalid for any reason, these Terms will remain in full force apart from such provision which will be deemed deleted.
14.7 Governing Law and Jurisdiction: These Terms and your use of the Application will be governed by, and construed in accordance with, the laws of New Zealand. You irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand with respect to any legal action, suit or proceeding or any other matter arising out of or in connection with these Terms. You irrevocably waive any objection you may now or in the future have to the venue of any proceedings, and any claim you may now or in the future have that any proceedings have been bought in an inconvenient forum, where that venue falls within this clause.