Terms & Conditions

1. Introduction & Acceptance

These Terms and Conditions ("Terms") govern your use of the website www.latitude3t3.com.au (the "Site") and the geospatial services (the "Services") offered by Latitude 3t3 Pty Ltd ("Latitude Spatial", "we", "us", "our"). By accessing the Site or using our Services, you, on behalf of yourself or the entity you represent ("Client", "User", "you"), agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Site or Services. You represent that you have the authority to bind your organisation to these Terms.

2. Definitions

In these Terms, the following terms have the meanings set out below:

"Services" means the geospatial services provided by Latitude Spatial, including but not limited to aerial mapping, remote sensing data acquisition, LiDAR surveys, photogrammetry, data processing, spatial analysis, platform access, and consulting, as described on the Site or in a specific Service Agreement.
"Geospatial Data" means any spatial or location-based data, including but not limited to coordinates, imagery (aerial, satellite), LiDAR point clouds, digital elevation models (DEMs), vector data, survey data, and associated metadata, whether provided by the Client, acquired by Latitude Spatial, or generated through the Services.
"Deliverables" means the specific outputs, reports, datasets, maps, analyses, or other materials produced by Latitude Spatial for the Client as part of the Services, as defined in an applicable Service Agreement or SOW.
"Intellectual Property Rights" means all rights in relation to patents, copyrights, trademarks, trade secrets, designs, know-how, and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
"Client Data" means any data, information, or materials provided by the Client to Latitude Spatial for use in connection with the Services.
"Site" means the website located at www.latitude3t3.com.au and any associated subdomains.
"Service Agreement" means a separate written agreement entered into between Latitude Spatial and the Client detailing specific project scope, deliverables, fees, and terms.

3. Scope of Services

Latitude Spatial provides advanced aerial mapping, remote sensing, LiDAR mapping, and spatial data analytics services as described on the Site or detailed in specific Service Agreements or Statements of Work (SOWs) entered into with Clients. These Terms govern general use; specific project terms will be outlined in applicable SOWs.

4. Use of Website and Services

Permitted Use: We grant you a limited, non-exclusive, non-transferable license to access and use the Site and Services for your internal business purposes, subject to these Terms and any applicable Service Agreement.

Prohibited Use: You agree not to misuse the Site or Services, including but not limited to: attempting unauthorized access, scraping data, interfering with functionality, using for illegal purposes, or reselling Services or Geospatial Data without explicit permission.

5. Client Obligations

You agree to provide accurate and complete information when requested and are responsible for any data you provide to us ("Client Data"). You warrant that you have the necessary rights to provide Client Data for processing and use in connection with the Services.

6. Intellectual Property Rights

All rights, title, and interest in the Site, the Services, our methodologies, software, and any pre-existing Geospatial Data owned or licensed by Latitude Spatial remain our exclusive property. Specific ownership and usage rights for project Deliverables created for a Client will be defined in the relevant Service Agreement. Unless otherwise agreed in writing, Clients are typically granted a license to use Deliverables for their internal business purposes only.

7. Data Accuracy and Disclaimers

Geospatial data inherently involves complexities and potential inaccuracies due to factors like sensor limitations, atmospheric conditions, and temporal changes. While we strive for high accuracy using industry best practices, the Site, Services, and any Geospatial Data or Deliverables are provided "as is" and "as available" without warranties of any kind, express or implied, unless explicitly stated in a Service Agreement. You are responsible for validating the suitability of any data or analysis for your intended application.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of service provision, as further detailed in applicable Service Agreements or Non-Disclosure Agreements.

9. Limitation of Liability

To the maximum extent permitted by law, Latitude 3t3 Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services or data. In no event shall our aggregate liability exceed the amount paid by you to us for the specific Services giving rise to the claim in the preceding twelve (12) months. Nothing in these Terms excludes or limits liability that cannot be excluded under applicable Australian law (including non-excludable provisions of the Australian Consumer Law).

10. Indemnification

You agree to indemnify and hold harmless Latitude 3t3 Pty Ltd, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from your use of the Site or Services in breach of these Terms or applicable law, or your infringement of any third-party rights.

11. Termination

We may terminate or suspend your access to the Site or Services immediately, without prior notice or liability, for any reason, including breach of these Terms. Provisions related to intellectual property, confidentiality, disclaimers, limitations of liability, and governing law shall survive termination.

12. Amendments

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on the Site. Your continued use of the Site or Services after such changes constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in New South Wales.

14. General Provisions

These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Latitude 3t3 Pty Ltd. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision will not be considered a waiver of those rights.