Explorer Cloud Terms & Conditions of Use

The following are the Terms and Conditions of Use of the Hema Explorer Cloud and associated software (the “Service”). Before using the Service, please read these Terms and Conditions carefully as well as all rules and policies related to the Service (including usage restrictions and other conditions or procedures that we post or update on or through the Service or on our website www.hemamaps.com.au), the Hema Maps Privacy Policy and Hema Explorer App (“the App”) Terms and Conditions of Use. If You use the Service, You will be bound by these Terms & Conditions of Use. READ AND OBEY THE IMPORTANT SAFETY RULES AT THE END OF THESE CONDITIONS. ACCESS TO THE HEMA EXPLORER CLOUD REQUIRES YOU TO HAVE INTERNET ACCESS. INTERNET SERVICES MAY NOT BE AVAILABLE AT YOUR PRESENT OR INTENDED LOCATION OR MAY BE VERY EXPENSIVE.

  1. The Service
    1. The Service provides features and functionality that allow You to store, retrieve, manage and use Your stored trips, tracks, POI data and photos within the App. By using the Service, You are permitting us to store, manage and use Your data on Your behalf within the App or Service.
    2. The Service may offer free and paid plans, which have different storage capacity limits.
    3. At present, the free Service Plan offers a maximum 1Gb of data storage with unlimited access to the data (free data storage allowance). The storage limit for the free Service Plan may be amended or withdrawn by us at any time.
    4. Where Your use of the Service has or will exceed the free data storage allowance, You may purchase additional Service Plans for a fee, and subject to the terms and conditions, as published from time to time on our website www.hemamaps.com.au.
  2. Usage Rules
    1. Subject to the usage rules and restrictions in this agreement, we grant You a non-exclusive, non-transferable right to use the Service for Your personal, non-commercial, recreational use. We do not grant You the right to use the Service for the purposes of redistributing or otherwise using any of our content for Your own business purposes unless You are expressly licensed to do so by us in writing.
    2. You may use the Service only for personal, non-commercial use. You may not use the Service to store, transfer or distribute content of or on behalf of third parties, to operate Your own content application or service, to resell any part of the Service or for any form of unlawful file sharing.
    3. You are solely responsible for Your data stored within the Service, including for ensuring that it has been lawfully acquired, for complying with all applicable copyright and other laws and licenses, and for maintaining a back-up of it.
    4. You will be required to choose a user name and/or a password when registering with the Service. You are responsible for keeping Your login credentials secret. You accept that You will be personally liable for all activities conducted and transactions concluded using Your login credentials.
    5. You may need to register the devices You use with the Service, and we may limit the number of devices You can register and the number of devices from which You can use the Service at any one time. There may be limits on the types of content You can store using the Service, such as file types we don't support. If You exceed Your Service Plan's storage limit, including by downgrading or not renewing Your Service Plan, You may no longer be able to access Your data. We may impose other restrictions on Your use of the Service.
    6. We may use, access and retain Your data in order to provide the Service to You and enforce the terms of the Agreement, and You expressly give us all permissions we need to do so. These permissions include, for example, the rights to copy Your data for backup purposes and access to Your data to provide technical support. However, we do not guarantee You acess to Your data and You a responsible for maintaining Your own backup. Hema Maps respects Your privacy and Your data is subject to the Hema Maps Privacy Policy, located at www.hemamaps.com.au/en/Policies/Privacy.
    7. We do not monitor, edit, control or filter the content submitted to this Service by our users. Such content does not represent our views and we have not authorized or endorsed such content. Where it contains location data or information, it may be inaccurate.
    8. Notwithstanding that the Service may furnish You with links to third party websites or services and that some third party websites or services may contain links to this Service we do not control, endorse or approve the activities or content of any such third party websites or services. Please contact the relevant web site or service provider if You have a complaint about the activities or contents of a third party website or service.
    9. You may not use Your access to this Service in a manner that would bring us, our business and/or any of our personnel disrepute. Furthermore, You may not access this Service for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this Service by any other person. In this regard, You must comply with the laws, regulations and codes of conduct applicable to Your use of this Service. You may not post or transfer any material to our Service that is unlawful or violates any third party’s rights or which is obscene, incites harmful behaviour, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, constitutes unsolicited commercial communications, or is damaging to data, software or the performance of our Service. We may remove any content You have submitted to this Service and/or suspend Your access to any part of this Service at any time without notice.
  3. Services Provided by Hema Maps
    1. The Service may utilise data and related content on Your device and collect other information that may be used to identify Your data and related content including metadata from Your device. The Service may provide Hema Maps with information relating to Your use and the performance of the Service, as well as information regarding the devices on which You download and use the Service. For example, this information may include the device type, mobile network connectivity, IP address of the device, information about Your internet service provider, information about when the Software is launched, individual session lengths for use of the Service, information about the content used through the Service, or occurrences of technical errors. Any information we receive is subject to the Hema Maps Privacy Policy, located at www.hemamaps.com.au/en/Policies/Privacy.
    2. Hema Maps reserves the right to outsource the provision of services to third-parties where it is necessary including the provision of Cloud Services.
    3. You agree that the form and nature of the Service may change from time to time without prior notice being given to You.
    4. Hema Maps reserves the right to change, suspend, remove or disable access to any of the Services at any time without written notice.
  4. Usage restrictions
    1. You may not, and You will not encourage, assist or authorize any other person to (a) modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Service or (b) circumvent, disable or dupe any methodology we use to identify and use data from Your account and include it within our service or database.
    2. Without limiting clause 4 sub-clause 1 above, this Service does not permit You, and You agree that You will not (except where we give our express written consent or You are expressly permitted by law):
      1. commercialise, or attempt to commercialise, or derive any monetary reward or commercial benefit (whether a fee is charged for it or not) from the use or sale of the Service, the Data or user data (including any Data You or other users have created or stored in the App or Hema Explorer Cloud) or any part of it (including but not limited to any location data or other geographical information contained in, or copied or obtained from, the App whether modified or not). This includes but is not limited to supplying part or all of the content into an open source or not for profit database e.g crowd-sourcing, open street map;
      2. use the Service on any device other than a device that is owned or controlled by You. You will not distribute or make the Service available over a network where it could be used by multiple devices at the same time;
      3. digitise or edit the Service or take a digital or analogue image, photograph or screenshot of the Service, other than for the purpose of seeking technical support from us;
      4. remove, obscure or interfere with any copyright notice, trademark, warning or disclaimer contained in the Service;
      5. use all or any part of the Data to make a map, guide, publication, website, navigational aid or publication for the purpose of supply to others for commercial benefit or promotion, whether a fee is charged for it or not;
      6. transfer, give, assign, rent, lease, sell, charge, exchange, adapt, decompile, disassemble, create a derivative product or otherwise deal with the App other than in the normal course of use, and subject to this to these Terms & Conditions, as amended from time to time;
      7. reproduce in any way, copy or extract the Service or the Data, in whole or in part and give, sell, rent, market or distribute it to anyone else, whether a fee is charged for it or not;
      8. copy the Service or any data stored in the Hema Explorer Cloud onto another storage device other than as expressly permitted by clause 4 sub-clause 2;
      9. without limiting any of the paragraphs (e) to (h) above, copy, or attempt to copy, the location data, maps points/places of interest (POI’s), names, places, symbols, road markings, layout or other geographical information contained in the App or Service, or use such information or data as a reference to make any other product, or otherwise extract, reverse engineer, decompile, modify, dissemble, attempt to derive the source code of, modify, or create or attempt to create a new or derivative works of or from the App or Service;
      10. use the Service in a manner contrary to any agreement You have with any third party;
      11. Sublicense or assign Your rights under this license to anyone.
    3. You acknowledge that the Service and any related content (if applicable) and any Data or content we provide to You contain valuable intellectual property. You also acknowledge that some content may be provided under licence from third party providers and this content is subject to the same intellectual property laws. We or our suppliers may impose further restrictions on Your use of the Service, the App (if applicable) or the Data at any time, as we or they may deem to be reasonably necessary to protect our respective intellectual property rights, by the giving of notice to You.
    4. The Service, the Data and the App is protected by copyright law and international treaties. Unauthorised reproduction or distribution of this App, or any portion of it, may result in severe criminal and civil penalties and will be prosecuted to the maximum extent possible under law.
  5. Ownership
    1. Hema Maps expressly reserves all copyright and any other intellectual property rights to the Service the Data, including (without limitation) places of interest (POIs), and any or all maps created or published by Hema Maps, and only grants You a limited licence to use Service and the Data in the manner permitted by these Terms & Conditions.
    2. Other than as specified herein, and without limiting clause 5 subclause 1, You agree that Hema Maps owns the intellectual property rights to the Data, whether in its original form or as modified, printed and/or copied by You.
    3. Subject to clause 5 subclause 1 and clause 5 subclause 2 above, You own the content (excluding the Data in its original or modified form) that You create using the Service (e.g. Your photographs). However, You grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that You input or generate by using the Service, including (but not limited to) reviews, comments, photos, places of interest, tracks, waypoints, or other personal information or by-products of the Service.
  6. Limited warranties
  7. Save to the extent prohibited by law:
    1. while the Service has been produced and supplied in good faith, Hema Maps makes no warranty or representation about the availability, accuracy, completeness, reliability or currency of the Service;
    2. the Service is provided "as is" and “as available”, with all faults and without warranty of any kind. Hema Maps disclaims all other warranties, either express or implied, including warranties of merchantability, fitness for purpose or for a particular purpose and non-infringement of third party rights unless such warranties cannot be excluded by law. Hema Maps does not warrant against interference with Your enjoyment of the Service, that the Service will meet Your requirements or that the operations of the Service itself or in conjunction with other products will be uninterrupted or error free.
    3. You expressly acknowledge and agree that use of the Service is at Your sole risk and that the entire risk as to suitability, satisfactory quality, reliability, performance, accuracy and effort is with You;
    4. although Hema Maps or a third party may provide technical support, Hema Maps does not warrant that technical support will be provided for the Service;
    5. no oral or written information or advice given by Hema Maps, agents or employees shall create nor extend existing warranties. You must not rely on any such information or advice unless in writing and signed by an authorised representative of Hema Maps.
  8. Limitation of liability
    1. The Service displays, includes or makes available content, data, information, applications collected by or supplied by third parties, which may contain errors, omissions, inaccuracies or faults. By using the Service, You acknowledge and agree that Hema Maps is not responsible for examining or evaluating the content, quality, currency, accuracy, completeness, legality, or any other aspect of such third party data.
    2. You use and rely on the Service entirely at Your own risk and should not solely rely on the results or information obtained from the Service for any purpose, including navigation.
    3. To the extent not prohibited by law, the liability of Hema Maps for any breach of an express, statutory or implied warranty shall be limited, at its option, to the cost of replacement of the Service or a refund of the price paid by You.
    4. To the extent not prohibited by law, Hema Maps shall not be liable for any loss or damage to person or property, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, loss of income, loss of revenue, trade, business, information or profits or any other loss arising from the installation or use of the Service or reliance upon any Data (irrespective of whether or not the Data is used in any navigation system or for the purposes of navigation) whether based on breach of contract, tort (including negligence), product liability or otherwise.
    5. The Service may enable access to maps, content, services and websites provided by us or third parties. If these are provided, they are done so solely as a convenience to You and may be withdrawn at any time. Access to these services may require internet access, which You will need to arrange and pay for. Internet services may not be available at Your location or may be very expensive. Because of the nature of the internet, it is possible that these sites may contain computer viruses or material which You may find offensive. Hema Maps does not warrant or endorse, and disclaims liability to You or any other person, for any third party maps, content, services, and web sites.
    6. Hema Maps shall not be liable for any information, advice or technical support given by a third party unless in writing and signed by an authorised representative of Hema Maps.
  9. Collection of information and privacy policy
    1. You agree that we may collect and use technical data and related information, including information about Your device, system or application software to facilitate the provision of the App or Service support, software updates and other services (if any) in connection with the Service or App.We may use this information, so long as it is in a form that does not personally identify You, to improve our products or services and so long as our use in accordance with our Privacy policy as updated from time to time, www.hemamaps.com.au/en/Policies/Privacy.
    2. By submitting any ideas, reviews, comments, corrections, feedback and/or proposals ("Feedback") to Hema through the Service or App or other means, You acknowledge and agree that the Feedback is Your own work, and we may may freely use, distribute, exploit and further develop, modify or use it as we see fit without any obligation to compensate You (just as You have no obligation to offer Feedback), and that Hema may already have similar development ideas to the Feedback.
  10. General
    1. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. You agree to be subject to the legal jurisdiction of the State of Queensland, Australia.
    2. This agreement incorporates the terms of the Apple End User Licence Agreement (EULA) and, where applicable, the Terms and Conditions governing the use of the Hema Explorer App. It otherwise makes up the entire agreement between the parties regarding the Service, and supersedes any prior agreements.
    3. If any portion of this agreement, or the incorporated agreement(s), is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If Hema fails to enforce any terms of this agreement, this will not constitute a waiver.
    5. You will not use or attempt to use the Service or App to do anything that infringes or violates someone else's rights or otherwise violates the law.
  11. Changes, Suspension and Termination
    1. We may change, suspend or discontinue the Service or any part of it at any time without notice. If we discontinue the Service, we will give You a prorated refund of any fees (if any) paid for Your Service Plan based on the number of full months remaining in Your Service Plan. There may be unusual circumstances where due to legal reasons we may no longer be able to store or provide You with access to particular content.
    2. Your rights under the Agreement will automatically terminate without notice if You fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate Your use of the Service at our discretion without notice at any time, including if we determine that Your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If Your Service Plan is restricted, suspended or terminated, You may be unable to access Your data and You will not receive any refund of fees or any other compensation.
    3. Upon termination of this agreement, Your licence to use the Service will immediately end but otherwise the legal rights, obligations and liabilities that You have to us remain unaffected.
  12. Definitions
    1. "Hema Maps", “we” or “us” means Hema Maps Pty Ltd ACN 010 601 911, whose principal place of business is 25 McKechnie Drive Eight Mile Plains, Queensland, 4113 and the licensor of the Product for the purpose of this agreement.
    2. "You " or “Your” means the individual or organisation purchasing the Product, and the licensee for the purpose of this agreement.
    3. "the App" means the Hema Explorer App and all or any part of the Data and related items supplied or contained therein or ancillary thereto, as updated from time to time.
    4. “Service” means the Hema Explorer Cloud and all the software, data and related items stored or contained therein.
    5. "Data" means the information and materials embodied in machine-readable media on the Hema Explorer Cloud or, if applicable, the App, and supplied to You, including, but not limited to, maps, location data, artwork, illustrations, photographs, images and text.
  13. Safety First
    1. Always be prepared, drive carefully and travel responsibly.
    2. The Hema Explorer Cloud may give You access to location data and road conditions compiled by us or provided by Yourself or others, which has not been checked.
    3. Road conditions are constantly changing, and the Service may contain errors, omissions or inaccuracies. Location data or navigational information is provided as a general guide only and is not intended to be relied upon as a sole means of navigation or in situations where precise location information is needed, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. You must make Your own enquiries in relation to conditions and the availability of fuel, drinking water, supplies and services.
    4. Depiction of a road or track is not an assurance of safety or manner of passage or public right of way and information contained therein does not replace traffic signs, lights, road markings, speed limits and other road rules.
    5. You must take care of Your own personal safety, and (if applicable) obey the road rules at all times. Do not operate the Service while driving. Do not use or operate any mode of transport or attempt any journey while under the influence of alcohol or other substances.
    6. You acknowledge that the Service is for planning purposes only and You should make Your own enquiries and exercise Your own judgment in relation to weather conditions, construction, road closures or other events that may impact on the journey You are undertaking.

Privacy Policy

Hema Maps is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Hema Maps Website, Digital Apps, Devices and Cloud based Services (collectively “Services”) and governs data collection and usage. By using any of these Services, you consent to the data practices described in this statement. Collection of your Personal Information

Hema Maps collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Hema Maps also collects anonymous demographic information, which is not unique to you, such as your Post code, age, gender, preferences, interests and favorites.

There is also information about your computer hardware, digital devices and software that is automatically collected by Hema Maps. This information can include: your device type, mobile network connectivity, IP address, browser type, domain names, access times and referring Website addresses. This information is used by Hema Maps for the operation of the Services, to maintain quality of the service, and to provide general statistics regarding use of the Hema Maps Services.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Hema Maps public message boards, this information may be collected and used by others. Note: Hema Maps does not read any of your private online communications.

Hema Maps encourages you to review the privacy statements of Websites or third party service providers you choose to link to from the Hema Maps Services so that you can understand how those Websites collect, use and share your information. Hema Maps is not responsible for the privacy statements or other content on Websites outside of the Hema Maps and Hema Maps family of Websites or Services.

Use of your Personal Information

Hema Maps collects and uses your personal information to operate the Services you have requested and to improve our products or Services. Hema Maps also uses your personally identifiable information to inform you of other products or services available from Hema Maps and its affiliates. Hema Maps may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Hema Maps does not sell, rent or lease its customer lists to third parties. Hema Maps may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Hema Maps may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Hema Maps, and they are required to maintain the confidentiality of your information.

Hema Maps does not use or disclose sensitive personal information, such as race, religion, or political affiliations.

Hema Maps keeps track of the Services our customers visit within Hema Maps Service offering, in order to determine which Hema Maps services are the most popular. This data is used to deliver customized content and and other services within Hema Maps to customers whose behaviour indicates that they are interested in a particular subject area.

Hema Maps Services will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Hema Maps or the site; (b) protect and defend the rights or property of Hema Maps; and, (c) act under exigent circumstances to protect the personal safety of users of Hema Maps, or the public.

Use of Cookies

The Hema Maps Services use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Hema Maps pages, or register with Hema Maps site or services, a cookie helps Hema Maps to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Hema Maps Service, the information you previously provided can be retrieved, so you can easily use the Hema Maps features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Hema Maps services or Websites you visit.

Security of your Personal Information

Hema Maps secures your personal information from unauthorized access, use or disclosure. Hema Maps secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Changes to this Statement

Hema Maps will occasionally update this Statement of Privacy to reflect company and customer feedback. Hema Maps encourages you to periodically review this Statement to be informed of how Hema Maps is protecting your information.

Contact Information

Hema Maps welcomes your comments regarding this Statement of Privacy. If you believe that Hema Maps has not adhered to this Statement, please contact Hema Maps at info@hemamaps.com.au. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Copyright © 2013 Hema Maps