Site Terms & Conditions

Introduction

The www.MoffatMap.com.au website (MoffatMap), and any mobile application for the website (the “Site”) is owned and operated by Exclusive Rights & Moffat Beach Collective ( “we”, “us” or “our”).

Before entering into any listing agreements, visitors to the site are required to read the following terms and conditions. The use of the site and browsers is conditional upon your agreement to these terms without alteration.

These terms and conditions govern the relationship between MoffatMap and any individual using or accessing the site and any of the content or services available through Loyalty providers (listers or advertisers on the site). These terms and conditions, and the relationship between the Businesses, the visitor to the site and MoffatMap, shall be governed by and construed in accordance with the laws in force in Queensland, and you submit to the non-exclusive jurisdiction of the courts in that State.

All content that appears on this site, and the site itself, is protected by copyright and database rights.  Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is strictly prohibited.

Content Guidelines: Loyalty Business Providers (LBP)

Loyalty Business Providers (LBP); those who hold a listing on the site; must comply to the following basic terms:

All we ask is that all Businesses must give a discount or offer to customers that show the printed MoffatMap or the Loyalty Card – this is individually set by each business as they feel best to reward the customer for their business.

MoffatMap team will review all advert listing and changes prior to making live to the public.

MoffatMap are not responsible for any service or product advertised on the site. MoffatMap takes every precaution to ensure the listing content abides to these terms and conditions, although takes no responsibility for any content displayed on the site. The site includes links to third parties. MoffatMap is not responsible for any information or content of a linked site, nor do we endorse the same.

Listing content includes text, images and url links, social media links and any other visible content must be free from any offensive material including language, images and links. ‘Offensive material’ is any material which MoffatMap deems offensive.

All images used on the LBP listing must own the rights or have permission to use it.

At the discretion of MoffatMap, any material deemed offensive will be instantly deleted from the site. MoffatMap reserves the right to remove and or prohibit LBP links at their discretion. MoffatMap will contact LBP in regards to the removal of the link. The LBP’s failure to comply with MoffatMap’s request will lead the cancellation of the listing and LBP user privileges without further notice, reimbursement or liability. No refunds will be given to the LBP in this case. MoffatMap reserves the right for any reason to prohibit LBP from placing a listing on the site.

MoffatMap reserves the right for any reason to cancel any subscription or listing without prior notice if the listing does not comply with the MoffatMap Terms and Conditions.

MoffatMap reserves the right to update the terms and conditions at any time.

Content Guidelines: Site Visitors (SV)

Content Guideline: Site visitors (SV); those who visit the site; must comply with the following terms:

SV’s must provide only accurate and truthful information concerning their identity in any communications on the Site, including reviews of programs.

Emails sent via MoffatMap’s systems to the LBP should only relate to genuine enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind.  It is prohibited to misuse MoffatMap’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.

Please note that MoffatMap does not, and realistically does not have the ability to, verify the accuracy or otherwise of LBP reviews or the SV’s response.

Prohibitions

With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

Monitor content on the site or MoffatMap platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the site) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with MoffatMap robots.txt file;

Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;

Upload or send to the site or MoffatMap platform or systems any contents or programs, which on account of their size or nature, might damage MoffatMap computers or networks;

Include content on the site or MoffatMap platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;

Use or access the Site or MoffatMap platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);

Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

Refer to MoffatMap or any MoffatMap Affiliate in any way that might lead someone to believe that the MoffatMap or any website is sponsored by, affiliated with, or endorsed by MoffatMap or any MoffatMap Affiliate.

Right to deletion

LBP’s and visitors are responsible for ensuring that their communications, and content posted, through or in connection with the site, including reviews and communications on MoffatMap, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the content guidelines.  MoffatMap may monitor any data on the Site or MoffatMap platform or systems and delete it or alter it when it is no longer accurate or up-to-date.  Without prejudice to any other available remedies, MoffatMap shall be entitled immediately to remove from the site any communications or content that infringes these requirements.

Communications with MoffatMap

Messages are to be sent using the contact form or via: hello@moffatmap.com.au

Liability

MoffatMap has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway (Stripe.com) is used to process all transactions and card details. However, MoffatMap does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.

In no event will MoffatMap be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or LBP platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if MoffatMap has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or MoffatMap platform or systems, you do not agree with any part of these terms and conditions, then your sole and exclusive remedy against MoffatMap is to discontinue using the site. Nothing in these terms and conditions shall exclude or restrict Exclusive Rights liability under the Australian Consumer Law; for death or personal injury resulting from its negligence; nor for Exclusive Rights fraud or fraudulent misrepresentation.

 

Annual subscription terms

The MoffatMap listing plans (excluding ‘Featured Listings’) operate on an annual subscription basis. All subscriptions will continue operating until the program provider notifies the MoffatMap Team of their cancellation of the subscription.

Failure to contact the MoffatMap Team to cancel the annual subscription will result in an auto-billing of the annual subscription amount. Refunds are not permitted unless there are extenuating circumstances, or the program has ceased operation.

To cancel a subscription, email hello@moffatmap.com.au and include the date of termination.

Thanks for using MoffatMap! Here we describe how we collect, use and handle your information when you use our websites, software and services (“Services“).

This privacy policy applies to www.MoffatMap.com.au owned and operated by Exclusive Rights. This privacy policy describes how Exclusive Rights (“Our”) collects and uses the personal information you provide on our web site: www.moffatmap.com.au. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

  • You provide us with all information marked as compulsory on the relevant application forms
  • You warrant that all information provided to us is complete, accurate and up to date at all times

Information that is collected

We collect or maintain the following personal information about our users:

  • Name
  • Address
  • Telephone Number
  • Email Address
  • Username & Password
  • Credit Card details (if applicable)

This information will be collected with your knowledge and participation. If you choose not to provide this information we may decline to accept your registration. It will not be possible for you to deal with us anonymously. We use this information to fulfill your order, respond to your customer service requests, administer your account and assess the needs of your business to determine suitable products.

Cookies

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Our website may track user access sessions using cookies, without your specific knowledge or participation, by automated means in the course of your use of our network. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies are used in one of two ways on our website: to track page views and user interactions for the purposes of improving our website for all customers; to track one time events when a user is not logged in so that if the user closes a notification, they will not be presented with it again if they return to the site. Cookies are a Web browser technology that is used to improve your experience of using our website, but are not used to record any personal information. You may disable cookies in your Web browser at the cost of some possible loss of functionality in your use of our website.

The use of cookies by our partners, affiliates, tracking utility company, service providers is not covered by our privacy policy. We do not have access or control over these cookies. Our partners, affiliates, tracking utility company, service providers use session ID and persistent cookies to make it easier for you to navigate our site, in order for you to use the shopping cart, etc.

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information for the purposes of logging site actions (updating information, buying products etc) so that in the event of a bug or a dispute we can review the actions taken that led to the outcome and attempt to reproduce the issues.

Behavioural Targeting

We may partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads.

Sensitive information

We will not collect information revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation, unless compelled to do so by law.

The personal information we collect may be used for the following purposes:

  • To administer our network;
  • For billing purposes;
  • If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the account settings in your members console or you can contact us at hello@moffatmap.com.au;
  • For any other purpose for which you would reasonably expect your personal information to be used;

Disclosure of your personal information

We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

Your personal information may be disclosed, and you hereby irrevocably consent to such disclosure, in the following circumstances:

  • To our authorised officers and our agents for the purpose of administering our network or for billing or credit collection purposes
  • To companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us
  • Under compulsion of law, for example if a warrant or court order is received or such as to comply with a subpoena, or similar legal process
  • To lessen or prevent a serious and imminent threat to an individual’s life or health
  • If Exclusive Rights is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information
  • To you or with your consent;

Otherwise we will use reasonable endeavours to avoid the disclosure of your personal information, save that aggregated demographic information may be disclosed so long as the information is unable to identify you or any other individual.

Accessing your personal information

You can contact us to request a copy of your personal information by emailing our Privacy Officer at hello@moffatmap.com.au. The Privacy Officer shall attend to your request on a confidential basis within fourteen (14) days of the request being received. No fee will be levied for access to this information

Refusal of access

Access of your personal information may be refused if:

  • Providing access would pose a serious and imminent threat to life or health of a person
  • Providing access would create an unreasonable impact on the privacy of others
  • The request is frivolous and vexatious
  • Denial of access is authorised or required by law

Data quality

We will use all reasonable endeavours to ensure the accuracy and quality of the information collected about you. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, or deactivate your account by making the change on our member information page or by emailing us at hello@moffatmap.com.au, alternatively you can contact us via other avenues specified on our Contact Us page in the link at the bottom of every page. Should personal information that you know has been collected about you change, it is your responsibility to bring the changes to our attention which you may do by email to the Privacy Officer at hello@moffatmap.com.au.

We will retain your information for as long as your account is active or as needed to provide you services. Deactivation of your account will not delete your personal information from our database entirely We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Data security

We will endeavour to keep your personal information as secure as reasonably possible. Without limitation, registration information is not accessible over the Internet, but only from a secure password-protected internal workstation. Our Internet server utilises a modern Linux-based operating system that is maintained with the latest available security patches and updates.

The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at customercare@cheapdomains.com.au.

Links to 3rd party Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of Exclusive Rights. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

Social Media Widgets

Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Use of Non-personal information

You acknowledge and agree that any testimonials or feedback you provide to us may be used for training and/or marketing purposes. We reserve the right to use any testimonials or feedback for any purpose at our sole discretion. You acknowledge and agree that any feedback you provide may be shared with third parties via social media and associated programs.

You acknowledge that you relinquish any proprietary rights you may hold over information, data, or opinions that you provide to us by way of a testimonial, complaint, or feedback.

Changes to this Policy

We may update this privacy policy to reflect changes to our information practices. We encourage you to periodically review this page for the latest information on our privacy practices.

If you have questions about this privacy policy, you may contact us at:

Exclusive Rights
67 George Street, Moffat Beach Qld 4551
PO Box 162 Moffat Beach Qld 4551

Email Address: hello@moffatmap.com.au

Perth: 1300 759 648

This MoffatMap Business Agreement (the “Agreement“) is between MoffatMap   This Agreement governs access to and use of the Services and Beta Services. By clicking “I agree,” signing your contract for the Services, or using the Services, you agree to this Agreement as a Customer.

If you are agreeing to this Agreement and, if applicable, the Data Processing Agreement, for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Services.

  1.  Services.
  2.  Payment.
    1. Payment. Customer will pay MoffatMap invoices on the payment interval set forth in the Order Form. MoffatMap may suspend or terminate the Services if Fees are past due. Customer will provide complete and accurate billing and contact information to MoffatMap or to Customer’s reseller.
    2. Auto-renewals and Trials. IF THE CUSTOMER’S ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND THE CUSTOMER HAS ALREADY PROVIDED A METHOD OF PAYMENT TO MOFFATMAP FOR THE SERVICES, MOFFATMAP (OR THE CUSTOMER’S RESELLER) MAY CHARGE AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS THE CUSTOMER NOTIFIES MOFFATMAP (OR THE CUSTOMER’S RESELLER, AS APPLICABLE) THAT THE CUSTOMER WANTS TO CANCEL OR DISABLE AUTO-RENEWAL. MoffatMap may revise Services rates by providing the Customer at least thirty days’ notice prior to the next charge.
    3. Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer: (i) must provide the purchase order number at the time of purchase; and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void. If the Customer is purchasing via a reseller, any terms and conditions from the Customer’s reseller or in a purchase order between the Customer and its reseller that conflict with the Agreement are null and void.
  3.  Suspension.
    1. Of End User Accounts by MoffatMap. If an End User: (a) violates this Agreement; or (b) uses the Services in a manner that MoffatMap reasonably believes will cause it liability, then MoffatMap may request that Customer suspend or terminate the applicable End User account. If Customer fails to promptly suspend or terminate the End User account, then MoffatMap may do so.
    2. Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then MoffatMap may automatically suspend use of the Services. MoffatMap will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.
  4.  Intellectual Property Rights.
    1. Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant: (a) MoffatMap any Intellectual Property Rights in Customer Data; or (b) Customer any Intellectual Property Rights in the Services or MoffatMap trademarks and brand features.
    2. Limited Permission. Customer grants MoffatMap only the limited rights that are reasonably necessary for MoffatMap to provide the Services. This limited permission also extends to Subcontractors or Sub-processors.
    3. Suggestions. MoffatMap may use, modify, and incorporate into its products and services, license and sublicense, any feedback, comments, or suggestions on the Services that Customer or End Users may send MoffatMap or post in MoffatMap’s forums without any obligation to Customer.
  5.  Term.
    1. Agreement Term. This Agreement will remain in effect for the Term.
    2. Services Term. MoffatMap will provide the Services to Customer for the Services Term. Unless the parties agree otherwise in writing, End User Accounts purchased during any Services Term will have a prorated term ending on the last day of the pre-existing Services Term.
    3. Automatic Renewals. Unless otherwise specified on the Order Form, following the Initial Services Term or a Renewal Term, the subscription to the Services will automatically renew for a Renewal Term, unless either party gives the other written notice of termination at least thirty days prior to the expiration of the then-current Services term. If Customer has provided a payment method to MoffatMap for recurring charges as provided in Section 3.5, Customer may elect to terminate the Agreement via the Admin Console prior to the day a Renewal Term begins.
  6.  Termination.
    1. Generally. Either Party may terminate this Agreement, including all Order Forms, if: (i) the other Party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other Party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days. MoffatMap may terminate this Agreement and suspend Customer’s access to the Services if required to do so by law or for an egregious violation by Customer of the Acceptable Use Policy.
    2. Effects of Termination. If this Agreement terminates: (a) except as set forth in this Section, the rights and licenses granted by MoffatMap to Customer will cease immediately; (b) Customer may, prior to termination, request reasonable additional time to export its Stored Data, provided that MoffatMap may charge Customer for such extended access based on MoffatMap’s then-current standard fees; and (c) MoffatMap will delete any End User Accounts and Stored Data relating to Customer’s account in a commercially reasonable period of time following receipt of an Administrator’s request to do so. MoffatMap may make instructions available to Customer regarding how to submit the Administrator request described in clause (c) of the previous sentence. The following sections will survive expiration or termination of this Agreement: 2.6 (Third-Party Requests), 3 (Payment), 5 (Intellectual Property Rights), 7.2 (Effects of Termination), 8 (Indemnification), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Disputes), and 12 (Miscellaneous). Notwithstanding the foregoing, Section 2.6 (Third-Party Requests) shall not survive termination if MoffatMap has exercised a right to terminate the Agreement.
  7.  Indemnification.
    1. By Customer. Customer will indemnify, defend, and hold harmless MoffatMap from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any Claim against MoffatMap and its Affiliates regarding: (a) Customer Data; (b) Customer Domains; or (c) Customer’s, or Customer’s End Users’, use of the Services in violation of this Agreement.
    2. By MoffatMap. MoffatMap will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of any Claim against Customer to the extent based on an allegation that MoffatMap’s technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, U.S. patent, or trademark right of the third party. In no event will MoffatMap have any obligations or liability under this section arising from: (a) use of any Services in a modified form or in combination with materials not furnished by MoffatMap; and (b) any content, information, or data provided by Customer, End Users, or other third parties.
    3. Possible Infringement. If MoffatMap believes the Services or Software infringe or may be alleged to infringe a third party’s Intellectual Property Rights, then MoffatMap may: (a) obtain the right for Customer, at MoffatMap’s expense, to continue using the Services or Software; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services or Software so that they no longer infringe. If MoffatMap does not believe the options described in this section are commercially reasonable, then MoffatMap may suspend or terminate Customer’s use of the affected Services or Software, with a pro-rata refund of prepaid fees for the Services or Software.
    4. General. The Party seeking indemnification will promptly notify the other Party of the claim and cooperate with the other Party in defending the claim. The indemnifying Party will have full control and authority over the defense, except that: (a) any settlement requiring the Party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed; and (b) the other Party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE MOFFATMAP AND CUSTOMER’S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
  8.  Disclaimers.
    1. Generally. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER CUSTOMER NOR MOFFATMAP AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR USING THE SERVICES OR SOFTWARE IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN AND BACKING UP ANY STORED DATA ON THE SERVICES.
  9.  Limitation of Liability.
    1. Limitation on Indirect Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR MOFFATMAP OR CUSTOMER’S INDEMNIFICATION OBLIGATIONS, NEITHER CUSTOMER NOR MOFFATMAP AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIABLE UNDER THIS AGREEMENT FOR (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (II) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    2. Limitation on Amount of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, MOFFATMAP’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE LESSER OF $100,000 OR THE AMOUNT PAID BY CUSTOMER TO MOFFATMAP HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  10.  Disputes.
    1. Informal Resolution. Before filing a claim, each Party agrees to try to resolve the dispute by contacting the other Party through the notice procedures in Section 12.6. If a dispute is not resolved within thirty days of notice, Customer or MoffatMap may bring a formal proceeding.
    2. Arbitration. Customer and MoffatMap agree to resolve any claims relating to this Agreement or the Services through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco (CA), or any other location both parties agree to in writing.
    3. Exception to Arbitration. Either Party may bring a lawsuit in the federal or state courts of San Francisco County, California solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of Intellectual Property Rights without first engaging in the informal dispute notice process described above. Both Customer and MoffatMap consent to venue and personal jurisdiction there.
    4. NO CLASS ACTIONS. Customer may only resolve disputes with MoffatMap on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.
  11.  Miscellaneous.
    1. Terms Modification. MoffatMap may revise this Agreement from time to time and the most current version will always be posted on the MoffatMap Business website. If a revision, in MoffatMap’s sole discretion, is material, MoffatMap will notify Customer (by, for example, sending an email to the email address associated with the applicable account). Other revisions may be posted to MoffatMap’s blog or terms page, and Customer is responsible for checking these postings regularly. By continuing to access or use the Services after revisions become effective, Customer agrees to be bound by the revised Agreement. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within thirty days of receiving notice of the change.
    2. Entire Agreement. This Agreement supersedes any prior agreements or understandings between the Parties, and constitutes the entire Agreement between the Parties related to this subject matter. All attachments to the Agreement, the Data Processing Agreement, Customer invoices, and Order Forms executed by the Parties, are hereby incorporated into the Agreement by this reference.
    3. Interpretation of Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the invoice, the Order Form, the Agreement. The terms and conditions of this Agreement will be considered the confidential information of MoffatMap, and Customer will not disclose the information to any third parties. Customer agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are null and void. If End Users are required to click through terms of service in order to use the Services, those click through terms are subordinate to this Agreement and this Agreement will control if there is a conflict.
    4. Governing Law. THE AGREEMENT WILL BE GOVERNED BY QUEENSLAND LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.
    5. Severability. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.
    6. Notice. Notices must be sent via email, first class, airmail, or overnight courier and are deemed given when received. Notices to Customer may also be sent to the applicable account email address and are deemed given when sent. Notices to MoffatMap must be sent to MoffatMap Legal at hello@MoffatMap.com, with a copy to MoffatMap, Inc., P.O. Box 162, Moffat Beach Qld 4551 , attn.: Legal Department.
    7. Waiver. A waiver of any default is not a waiver of any subsequent default.
    8. Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the written consent of MoffatMap. MoffatMap may not assign this Agreement without providing notice to Customer, except MoffatMap may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
    9. No Agency. MoffatMap and Customer are not legal partners or agents, but are independent contractors.
    10. Subcontracting. MoffatMap will remain liable for all acts or omissions of its Subcontractors or Sub-processors, and for any subcontracted obligations.
    11. Force Majeure. Except for payment obligations, neither MoffatMap nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the Party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
    12. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, a Customer’s End Users are not third-party beneficiaries to Customer’s rights under this Agreement.
  12.  Definitions.
    • Acceptable Use Policy” means the MoffatMap acceptable use policy set forth at the following link, or other link that MoffatMap may provide: https://www.MoffatMap.com/terms.
    • Account Data” means the account and contact information submitted to the Services by Customer or End Users.
    • Administrator” means the Customer-designated technical End User who administers the Services to End Users on Customer’s behalf. Administrators may be able to access, disclose, restrict or remove Customer Data in or from End User Accounts. Administrators may also have the ability to monitor, restrict, or terminate access to End User Accounts.
    • Admin Account” means the administrative account provided to Customer by MoffatMap for the purpose of administering the Services.
    • Admin Console” means the online tool provided by MoffatMap to Customer for use in administering the Services.
    • Affiliate” means any entity that controls, is controlled by or is under common control with a Party, where “control” means the ability to direct the management and policies of an entity.
    • Beta Services” means services or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
    • Claim” means a claim by a third party, including a regulatory penalty.
    • Customer Data” means Stored Data, Account Data, and messages, comments, structured data, photos, and other content submitted to the Services by Customer or End Users.
    • Customer Domains” means Customer’s Internet domain names.
    • Data Processing Agreement” means the agreement with MoffatMap related to compliance with EU Data Protection Laws set forth at the following link: https://assets.MoffatMap.com/documents/en/legal/data-processing-agreement-dfb-013118.pdf or other link that MoffatMap may provide.
    • Effective Date” means the date this Agreement is accepted by Customer.
    • End Users” means users of Customer’s Services account. End Users may include Customer’s and its Affiliate’s employees and consultants.
    • End User Account” means a MoffatMap hosted account established by Customer through the Services for an End User.
    • EU Data Protection Laws” means, to the extent in force and applicable from time to time, those laws implementing EU Data Protection Directive (95/46/EC), and the EU General Data Protection Regulation (2016/679) and any implementing laws in each EU member state.
    • EU-US Privacy Shield Program” means the EU-U.S. Privacy Shield Program framework and its principles as set forth by the US Department of Commerce and the European Commission regarding the collection, use, and retention of personal data from EU member states.
    • EU Standard Contractual Clauses” means the EU Standard Contractual Clauses with MoffatMap, Inc. for the transfer of personal data to processors incorporated into the Data Processing Agreement.
    • Excluded Features” means services or features listed here https://assets.MoffatMap.com/documents/en-us/legal/dfb-services-exceptions.pdf, which list may be updated from time to time by MoffatMap, provided that non-Beta features incorporated in the Services as of the Effective Date will not be transitioned to the Excluded Features list during the Term.
    • Export Control Laws” means all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR<“) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
    • Fees” means the amounts invoiced to Customer by MoffatMap for the Services as described on the Order Form.
    • Initial Services Term” means the term for the applicable Services beginning on the Provisioning Date and continuing for the duration set forth on the Order Form.
    • Intellectual Property Rights” means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
    • Order Form” means the ordering document, or ordering page, for the Services.
    • Personal Data, “Process,” and “Processing”” have the meaning given to those terms in the EU Data Protection Laws.
    • Provisioning Date” is the date upon which MoffatMap makes the Services available to Customer.
    • Renewal Term” means, unless otherwise agreed to in writing by the Parties, the twelve-month renewal term following either the Initial Services Term, or a previous Renewal Term. Renewal Terms are set forth on the Order Form.
    • Security Emergency” means: (i) use of the Services that do or could disrupt the Services, other customers’ use of the Services, or the infrastructure used to provide the Services; or (ii) unauthorized third-party access to the Services.
    • Security Measures” means the technical and organizational security measures described at https://assets.MoffatMap.com/documents/en/legal/security-measures.pdf or other link that MoffatMap may provide.
    • Services” means the services ordered by Customer and provided by MoffatMap to Customer, which are described at https://www.MoffatMap.com/business/plans-comparison, or other link that MoffatMap may provide.
    • Services Term” means the Initial Services Term and all Renewal Terms for the applicable Services.
    • Software” means the client software provided as part of the Services.
    • Stored Data” means the files uploaded to the Services using the Software by Customer or End Users.
    • Subcontractor” means an entity to whom MoffatMap subcontracts any of its obligations under this Agreement.
    • Sub-processor” means an entity who agrees to Process Customer Data on MoffatMap’s behalf, or on behalf of another MoffatMap sub-processor, in order to provide the Services.
    • Taxes” means any sales, use, value added, goods and services, consumption, excise, local stamp, or other tax, (including but not limited to ISS, CIDE, PIS, CONFINS), duty or other charge of any kind or nature excluding tax that is based on MoffatMap’s net income, associated with the Services or Software, including any related penalties or interest.
    • Term” means the term of the Agreement, which will begin on the Effective Date and continue until the earlier of: (i) the end of the Services Term; or (ii) the Agreement is terminated as set forth herein.
    • Third-Party Request” means a request from a third-party for records relating to an End User’s use of the Services including information in or from an End User Account, or from Customer’s Services account. Third-Party Requests may include valid search warrants, court orders, or subpoenas, requests from individuals, including End Users, to exercise their rights under EU Data Protection Laws, or any other request for which there is written consent from End Users, or an End User’s authorized representative, permitting a disclosure.
    • Withholding Taxes” mean any income taxes that are imposed on MoffatMap or Customer’s reseller in which Customer is required by law to withhold or deduct on the payment to MoffatMap or Customer’s reseller.

MoffatMap is used by thousands of people, and we’re proud of the trust placed in us. In exchange, we trust you to use our services responsibly.

You agree not to misuse the MoffatMap services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or services other than your own without appropriate authorization;
  • abuse referrals or promotions to get more storage space than deserved;
  • circumvent storage space limits;
  • sell the Services unless specifically authorized to do so;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • harass or abuse MoffatMap personnel or representatives or agents performing services on behalf of MoffatMap;
  • violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
  • violate the privacy or infringe the rights of others.