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South East Water Limited (hereinafter called "SEWL") of 20 Corporate Drive Moorabbin, being the owner of the copyright in data (hereinafter called "the data") HEREBY GRANTS to the Registered Customer e (hereinafter called "the Customer') and the Customer HEREBY ACCEPTS from SEWL a non-transferable and non-exclusive agreement to access the data from the date of registration until this agreement is terminated by either party pursuant to this Agreement. The Customer hereby agrees-.
- That the terms of this AssetWebMap Agreement together with the Terms of Use of Our Web Site including Privacy Statement ("Terms of Use"), are the terms and conditions of the agreement between the Customer and SEWL that the Customer agrees to be bound by upon being registered to use AssetWebMap. If there is any inconsistency between the Terms of Use and this agreement, the Agreement prevails to the extent of any inconsistency.
- To access the data only for the purpose and at the place set out in the Registration details unless SEWL's prior written consent is obtained.
- That the data, the copyright, system, methodology and configuration therein remains the property of SEWL.
- To ensure that the data is kept private and confidential and to maintain a system for the safe access to the data and not to copy the data for use by a third party and not to disclose the data to a third party unless SEWL's prior written consent is obtained.
- Not to use the data to produce any materials for sale, apart from those nominated in the Schedule, unless SEWL's prior written consent is obtained, which may be given subject to payments being agreed upon.
- To provide SEWL upon request, with such verification or such other evidence required by SEWL, of the Customer's use of AssetWebMap, including the purpose of its use.
- To indemnify and keep indemnified SEWL and its employees, agents and contractors from and against all actions, claims and demands which may be brought by a third party against SEWL or its employees, agents and contractors in respect of or arising out of or incidental to the use by such third party of-.
(a) The data supplied or disclosed by the Customer to such third party, or:
(b) Any materials produced by the Customer from the data.
- That SEWL shall not be liable for any loss, damage or claim (including consequential loss or damage) however caused which may be incurred or arise directly in respect of the Customer's use of the data.
- Without limiting any other clause of this Agreement: That the data is issued solely for the purpose of assisting the Customer in identifying SEWL's assets through further investigation only. It is not to be used for any other purpose, including to identify any other assets, property boundaries or dimensions. The Customer is put on notice that the map base is not created by SEWL and SEWL cannot guarantee the accuracy, adequacy or completeness of any information in or forming part of the plan, including the location of its assets. Accordingly, the location of all assets should be proven by hand on site prior to the commencement of any work and the Customer should make its own independent inquiries as to the location of all assets, property boundaries and dimensions. All liability at law (including under statute), and all conditions and warranties express and implied by law (including under statute), are expressly excluded except that liability and those conditions and warranties which cannot be excluded. In respect of liability and conditions and warranties which cannot be excluded, SEWL's liability to the Customer is limited, as far as law (including statute) permits, to resupplying the plan or paying the cost of resupplying the plan. Please note that the data may have altered before or after the issue of the data.
- That if the Customer finds any error in the data the Customer shall inform SEWL accordingly and SEWL shall be entitled to make use of such information.
- That this agreement may be terminated at any time by either party giving to the other one months written notice of termination and may, in any case, be immediately terminated by SEWL if-.
(a) the Customer commits or allows to be committed a breach of any of the provisions of this Agreement, or:
(b) the Customer becomes insolvent or in the case of a company is made subject to winding up procedures, whether voluntary or compulsory, or
(c) SEWL considers the Customer's use of the data to be excessive or unnecessary. Any termination of this agreement shall be without prejudice to the rights and obligations of SEWL and the Customer accrued or incurred in relation thereto prior to the date of termination.
- Without limiting clause 11, that SEWL may limit or require the Customer to limit the number of the Customer's accesses to AssetWebMap (in which case, the Customer shall comply with any such limitation), if SEWL considers that the Customer's use is unnecessary or excessive.
- That AssetWebMap may be unavailable for use at various times for a variety of reasons, including the need for maintenance, upgrading, systems problems, security reasons or events beyond SEWL's reasonable control. The Customer does not warrant that AssetWebMap is functioning correctly and does not warrant that it will do so. SEWL is not liable to the Customer or anyone else if AssetWebMap is unavailable in whole or in part or if it fails to function correctly in any way.
- To pay the fees set out in the schedule in quarterly accounts at intervals agreed by both parties, as received from SEWL upon the terms and conditions contained in the accounts.
- That SEWL does not guarantee that any support will be available. However, if the Customer has minor queries, the Customer may telephone SEWL between the hours of 8.00 AM and 4.30 PM or via email to South East Water Help Desk.
Schedule Fees
.95c per hit on the database. ( In special business relationships with SEWL some alternative arrangements have been made)
Definition of 'Hit' Any action using the arrows to move location or the change scale or zoom features at the top of page. Using the right mouse button, print, copy, or measure features does not constitute a hit.
I Agree to the terms above I Disagree to the terms |
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