Eye in the Sky Pty Ltd Terms of Use Agreement

The “myeyeinthesky.com” website is operated by Eye in the Sky Pty Ltd (“we” or Eye in the Sky Pty Ltd) (ABN 64 124 763 980). From time to time, Eye in the Sky may make services available via the “myeyeinthesky.com”,  such as data access services and Online Services (” myeyeinthesky.com” services”). These services, and or products that function with this service will be collectively referred to as  “myeyeinthesky.com” in these terms. Your access to and use of  ” myeyeinthesky.com ” is subject to these terms, Eye in the Sky Pty Ltd Privacy Statement and the myeyeinthesky.com Copyright and Trade Mark Notice (“Terms of Use”), whether or not you are a customer, reseller, distributor or a third party client of myeyeinthesky.com Prior to using myeyeinthesky.com services, you should read and understand the Terms of Use. Unless expressly stated otherwise in these terms, myeyeinthesky.com is for residents of Australia only.

 

          What you must do

          1.1 you must use myeyeinthesky.com in accordance with the Terms of Use.

          1.2 You may use a security credential (“Member ID”) to access myeyeinthesky.com data base.

1.3 The Member ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Member ID to access different parts of “myeyeinthesky.com”. The Member ID may be used only for the purposes of accessing myeyeinthesky.com services and for authorizing instructions or requests using the myeyeinthesky.com services made available from Eye in the Sky Pty Ltd .Any other use of your Member ID is prohibited.

1.4 if you are under 18 years of age, and do not have a “myeyeinthesky.com” account, you must obtain a parent/guardian’s consent prior to using “myeyeinthesky.com”

If you are using “myeyeinthesky.com” on behalf of another person (“Authorizing Person”); for example, your employer, or the person you share a house with, you must be authorized to:

a.           use myeyeinthesky.com services and data base

b.           enter  into the Terms of Use, on behalf of the Authorizing Person.

          2.1 What you must not do

You must not:

2.2 use “myeyeinthesky.com” services, data and  information obtained from your  activities, or post or transmit to or via myeyeinthesky.com any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes;

          2.3 use myeyeinthesky.com service or data in a way, or post to or transmit to or via myeyeinthesky.com material, which interferes with other users or defames, harasses, threatens, menaces or offends any person.

a. use you’re  tracking data delivered by “myeyeinthesky.com” data base to harm, harasses, threaten, menaces or offend any third party or person.

b. make any fraudulent or speculative enquiries or requests using “myeyeinthesky.com”

c. use another’s Member ID or name without permission;

d. provide false information when registering your details  for ID and password access.

e. impersonate another person when using “myeyeinthesky.com”

2.4 use obtained data  from “myeyeinthesky.com”  or  hardware sold or leased from Eye in the Sky pty ltd   for the purpose of acquiring data or information related to any third party or their assets without their consent that may rise to civil or criminal proceedings;

2.5 tamper with, hinder in the operation of hardware sold or leased by “myeyeinthesky.com” or any distributor or on seller that are authorized to sell hardware and related services.

        2.6 use the data service or hardware sold by a distributor or on seller of ” myeyeinthesky.com” services in a unlawful manner, any information or materials, which breach any laws or regulations, infringe a third parties rights or privacy, or are contrary to any relevant standards or codes;

2.7 use hardware to acquire information from a third party or their assets without there consent that may rise to civil or criminal proceedings; ..

2.8 reveal your ID or password access to services to any third party that may use the  information in a unlawful manner, which breach any laws or regulations, infringe a third parties rights or privacy, or are contrary to any relevant standards or codes;

3.0 Third Party Content and Hardware

Many of the products and services offered for sale or advertised and much of the information provided via “myeyeinthesky.com” are the products or services of third parties.

The data collected via the use of the myeyeinthesky.com tracking portal remains the property of the user. This data can be used with other third party products and software in most cases. We recommend that you read the terms of use and conditions relating to the manner in which this data is used with third party products or software.

Some mapping software is free for individual private use only. Other use for commercial or tracking purposed is restricted. Be sure to purchase commercial versions if intended for use in a commercial manner.

Eye in the sky Pty. Ltd or “myeyeinthesky.com” will not be liable for any costs incurred, loss of time, lose of goods, litigation or damages that may arise from the fraudulent miss use of such data in conjunction with any third party product, software or services purchased or acquired by the user or users of data obtained through the use of our data access tracking portal.

          3.1 Any third party products provided or sold by us. Where it is apparent that products, and information are not manufactured by us, your legal relationship in respect to those products, warranties and information is with the third party supplier of the product or service.

          3.2 ” myeyeinthesky.com” will not be liable for any costs incurred, loss of time, lose of goods ,litigation or damages that may arise from the removal or reinstallation due to faulty hardware supplied by a third party.

Where Eye in the Sky Pty Ltd, recommends a third party or subcontracts to a third party for the purpose of installation of hardware. The Third party will be liable for any costs, lose of goods, litigation or damages that may arise from faulty practices or workmanship relating to there specific trade. It is the third parties reasonability to make good works assigned to them at no extra charge and as per the original contracted value or agreement.

          3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via “myeyeinthesky.com” You should check with the third party supplier whether there are additional charges and terms which may apply.

3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the web site  “myeyeinthesky.com” or accessible through a hyperlink on myeyeinthesky.com  You acknowledge and consent to us receiving the fees relating to the purchase of a third party product or service.

          4.0 Distributors, Resellers and third party customers

Authorized distributors or resellers agreed to be bound by this the terms of use agreement with out exceptions. Access will be grated for demonstration use to potential customers. Authorized access to third party customer information must be authorized by the third party or non third party customers that have may need access to the data base portal or user access web page login area attention to Ref Clause 1 to 1.5 apply

          4.1 Third party customers that have purchased “myeyeinthesky.com” products and services through an authorized distributors or resellers will agree to these terms and condition prior to any access to the Eye in the sky .com services. These services will only be made available once a contract agreement or order has been placed on behalf of third party customer by the reseller.

        4.2 The reseller of “myeyeinthesky.com” services must insure that terms of this agreement have been accepted by the customers. All third party customers must provide proof of there identity to “myeyeinthesky.com” before registering users details for ID and password access. Ref to clause 1 to 1.4 and ref 2 to 2.8 apply to all customers including third party customers.

“myeyeinthesky.com” has the write to terminate or decline its services at any time to any potential clients or any third party customer that may give falsified information or use our services in an unlawful or criminal manner.

          4.3 It is the reasonability of the resellers of eyeinthesky.com product & services to acquire acceptance of these terms and conditions from the third party customer prior to accepting the customer as a user of our services. All third party customers using “myeyeinthesky.com” products and services will be provided with the same level of services and conduct as non third party customers.

          4.4 Authorized distributors or resellers may receive fees and/or commissions from Eye in the sky Pty Ltd for the sale of Eye in the sky pty ltd goods and services to there customer.  Authorized distributors or resellers reserve the right to bill their customer for the services provided by Eye in the sky.com. Authorized distributors or resellers must have their own terms and conditions and relative risk measures in place for there own liability. “myeyeinthesky.com” agrees to provide access to data and services to third party customers that have a business agreement in place with the Authorized distributor or reseller. It is the responsibility of the Authorized distributors or resellers to have direct communication with their client and bill them for goods and services provided by eye in the sky.

          4.5   Third party customers using “myeyeinthesky.com” are recognized as a third party only and has no direct dealings or payment arrangements. All liabilities and contractual arrangements lie between the Authorized distributors or resellers and there clients. The third party customers is deemed to be a client of the reseller, where recognizes as a business or sole trader. “myeyeinthesky.com” will not be liable for any lose of goods, litigation or damages that may arise from arrangements or obligations associated with the Authorized distributors or resellers of our product and services.

          4.6 Authorized distributors or resellers may seek written authority from their customers to access “myeyeinthesky.com” services relating only to their customers information and data. Consent by the user customer must me presented to “myeyeinthesky.com” in order activates another user ID and security password. All Resellers must read Clause Ref,  Third party Content and Hardware to Refer to code 3.0, 31.3.2 3.3 that from part of this agreement.

          5 .1 Prices and products and services are subject to change

All prices displayed and products and services offered for supply on . “myeyeinthesky.com” are subject to change without notice. You should check the price of a product or service before placing an order for it.  We offer written quotations that are valid for 30 days.


          6.1 Messaging Services

We may provide messaging services (e.g. Web Mail, Email Alerts, Web Notes, and News) via “myeyeinthesky.com” We may make each of these messaging services available only to users of our services or in accordance with other agreements. If we introduce or revise eligibility criteria for a messaging service, the introduced or revised eligibility criteria will only apply to those who subsequently apply for the messaging service.

In addition to clauses of these terms, we may create and vary general procedures and limits concerning the use of the messaging services and alert messaging service will be billed to the end user based on the amount of massagers received by the account holder. (This service only applies to approved account holders) Our messaging services supplied by a third party messaging service.  Eye in the Sky pty ltd will not be liable for any lose of goods, litigation or damages that may arise from the incorrect delivery or accuracy of any message to any customers using our online services

          6.2   You are responsible for all equipment and software used to access the messaging services, and for the consequences of any filtering or other application you choose to apply to the messaging service.

From time to time, we may send you, and you authorize us to send you, some important mail messages about the messaging services

          7.1 Security

For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the our service provider and  servers. In addition to the types of loss set out , we are not responsible for any information you may lose if our internet service provider terminates your session due to prolonged periods of inactivity between your browsers or faults that may occur in the transmission of data using the internet .

          7.2 You must comply with all directions issued by . “myeyeinthesky.com” relating to use of your Member ID and access to “myeyeinthesky.com” Eye in the Sky pty ltd  is not responsible for providing neither the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your Member ID that is meant to be confidential (`Confidential Component of your Member ID`) (for example, the password component of your Member ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified below. If you choose to use a workplace internet provider to access the internet you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.

          7.3 You must not keep the Confidential Component of your Member ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Member ID to any other person, other than:

a.           another person authorized by you to access data on your behalf; or

b.           another person authorized by the Authorizing Person (for example, another employee) to access and use data supplied on their behalf, in each case provided that the other person (`Authorized Person`) agrees to be bound by the Terms of Use.

          7.4 Eye in the Sky pty ltd is entitled to rely on your Member ID as evidence of your identity and authority for the purposes of by myeyeinthesky.com including, for example, for the purpose of making payments. And for the purpose of nominating email addresses or phone numbers to which Eye in the Sky pty ltd may send billing and payment information relating to your accounts). You are responsible for all use of your Member ID where you have not complied with the Terms of Use. Other than by reference to a persons Member ID, Eye in the Sky cannot and does not verify that each person who accesses data from our site is in fact the person they say they are, or acts with the authority of the person whose Member ID they use.

You must immediately notify Eye in the Sky.com if you become aware:

a.           that the Confidential Component of your Member ID has been compromised or is known by a third party (other than by an Authorized Person); or

b.           of any unauthorized use of your Member ID.

In the event that you notify us of either of these things, we will take reasonable steps to deactivate the Member ID and issue you with a new Member ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.

         7.5 Internet

We will take reasonable steps to secure “myeyeinthesky.com” and the systems in our control that are used to access our site. However, the Internet is sometimes unreliable and is a difficult medium to secure. “myeyeinthesky.com” does not guarantee the security of our site or the systems (including the Internet and your hardware and software) used to access your data or any information that passes through such systems.

          8.1   Privacy

. “myeyeinthesky.com” may use and provide personal information about you that is collected by. “myeyeinthesky.com” The collection and provision of this information is subject to privacy laws. Will. “myeyeinthesky.com” comply with the”myeyeinthesky.com” Privacy Statement in dealing with any personal information provided by you via our site.

We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal data & information or accessing personal information or data of the Authorizing Person, that has authorized another Authorizing Person

To avoid doubt:

a.           by authorizing a person to use your Member ID , you authorize . “myeyeinthesky.com” to disclose to that person your personal information and data

b.           by requesting via . “myeyeinthesky.com” we send billing and payment information to a persons email address or place of address, you authorize. “myeyeinthesky.com” to disclose to that person your personal information, in each case including information related to. “myeyeinthesky.com” billings and payments.

         8.2  Email Bills “myeyeinthesky.com” will email your bill as an Adobe PDF file attached, until our billing preferences have changed. You will be notified prior to any change.

a.           Continue receiving electronic bills via your email address (i.e. “go paperless”);

b.   You must notify our accounts department of any change to your billing account details, email address or change of bill address.

. “myeyeinthesky.com” ends you a detailed Mailed Bill for a specific period by accessing data and services on our website.

It is your responsibility to regularly check your Email account for our bill at the end of each month. For the delivered of your usage bills, which will generally be sent in accordance with normal billing cycles?

. “myeyeinthesky.com”  is not obliged to notify you when a new bill is made available  As a courtesy, however, . “myeyeinthesky.com” ill attempt to give you notice that your bill is available for payment or due to an over due account. How ever it is your responsibility to contact . “myeyeinthesky.com” if you do not receive your bill notices.

Once your bill is delivered .your bill is payable by you by the due date specified in the bill, whether or not you receive, open or read any emails from. “myeyeinthesky.com”

regarding email billing and whether or not you access or view your bill by mail.

If you request “myeyeinthesky.com” to send billing and payment information to persons PO BOX you nominate that person as your agent for the purpose of receiving our billing and payment information.

The presentation of an electronic file online bill may be affected by the settings or quality of the computer equipment and including software you use to view the online bill. We cannot control this, and we do not guarantee that the presentation of the online bill you view will not be distorted. If you believe the presentation distorted, you may, a detailed copy for that period by emailing our accounts department.

          9.1 Our liability to you

Given the nature of telecommunication systems, particularly the Internet, we cannot guarantee that our service and access to data your data will always be available or fault free.

The terms that apply to the supply data and access to data  are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

We accept our liability to you for breach of contract or negligence under principles applied by the courts.

We are not responsible for:

a.           loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment or third party services contractored

by Eye in the sky pty ltd;

b.           loss of data or loss of profits or revenue; and

c.           any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

          9.2 The services available via. “myeyeinthesky.com” are provided to you for the sole purpose of personal, and commercial use. We do not accept liability for losses that result from the use of our services or data in connection with the use of this data relating to your business.

You must take reasonable steps to minimize the extent of the loss you may suffer as a result of electronic failure. For example, you should take reasonable steps to ensure that you will not suffer loss if the service is not available due to laitance or failure of electronic delivery systems.  For example (maintaining an alternative access to assets via SMS) you must notify us in writing of your down time so we may establish the fault.

9.3 Data is achieved at the close of every finical year typically the month of June

Data is accessible by the customer for a period of 12 months only. The customer can request a copy of asset data from the achieved files for a fee.

            9.4 Our server is located in the Sydney Optus Data Centre a AAA security rated

Premises, Access is limited to Eye in the sky company directors only.

           9.5 Our service can be shut down with out notice to the customer to carryout repairs and program services of a critical nature in order to minimise down time of the service. Eye in the sky will endeavour to reactivate the system and have in fully or practically operational within a 24 hours period.

          10.1 Your liability to us

you are liable to us for breach of contract or negligence under the principles applied by the courts.

          11.1 Change of the Terms of Use

We may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this agreement the period of notice we will give you depends on the type of change.

If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change. If the change has a detrimental impact on you but is:

a.           required by law;

b.           necessary for security reasons;

c.           to prevent fraud; or

d.           for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you 3 days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in any manner of communication.

          11.2 If we reasonably consider that the change will have a significant detrimental impact on you or company who use our services will give you at least 30 days prior notice of the change.

If the change is not of a type that is out lined in the clauses above we will give you at least 10 days prior notice of the change.

If we change the Terms of Use under this clause you may choose to stop using our services .Any use of. “myeyeinthesky.com” after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.

We do not have to notify you if we make changes to the “myeyeinthesky.com” website.

          12.1 Termination

We may stop making”myeyeinthesky.com” or a part of available with 30 days prior notice.  We may immediately suspend, terminate or limit your access to our. “myeyeinthesky.com” services if:

a.           you are in breach of the Terms of Use and (i) the breach is something which cannot be remedied, or (ii) you fail to remedy the breach within 30 days of our written notice to you of that breach;

b.           we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to telstra.com;

c.           the law requires us to do so;

d.           we believe on reasonable grounds that providing access to telstra.com to you is illegal or may become illegal;

e.           the Australian Competition and Consumer Commission issues a competition notice relating to Eye in the Sky or we believe on reasonable grounds that it will do so; or

f.            there is an emergency

          13.1   Communication with you 

As part of some Eye in the Sky services available we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this the following will apply:

a.           you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages; and

b.           you must notify Eye in the Sky as soon as possible of any changes to your contact details.

        14.1 Use of your information and material

When you send us any feedback, suggestions, ideas or other materials in relation to or via Eye in the Sky .com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

          15.1 Goods and Services Tax

If GST is imposed on any supply made by us through Eye in the Sky Pty Ltd you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

          16.1 General Matters

This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.

If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.

You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.

          17.1 Specific disclaimers

Disclaimer and Copyright Notice:) text, photos, graphics, audio and video works are only for the Permitted Use and must not, directly, or indirectly, be published, rewritten for broadcast, communication or publication or redistributed in any medium. Such press materials and works must not be stored in any electronic or other system except for the Permitted Use. Neither the Licensee, User or any other person may hold Eye in the Sky Pty Ltd liable for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such data ,materials and works or any loss or damage arising from any of the foregoing.

          18.1 Eye in the Sky pty ltd Information Disclaimer or its Licensors: This is”myeyeinthesky.com” service with content provided by Eye in the Sky pty ltd reserves all rights, including copyright, in services provided by it. The information, text and images in the service are for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission from  Eye in the Sky pty ltd  This service is published for information only without assuming a duty of care. . “myeyeinthesky.com” is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information contained in this service provided to customers. . “myeyeinthesky.com” is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise.