Cloudscene Website Terms

Welcome to the Cloudscene website. These website terms set out the terms and conditions that apply to your use of this website. By visiting or using this website, you agree to be bound by these website terms and all applicable laws. If you do not agree, you should not use this website.

In addition to the website terms, your use of certain parts of this website is subject to our Privacy Policy and may also be subject to other terms and conditions, such as your service agreement with Cloudscene. If there is any inconsistency between these website terms and any additional terms, then the additional terms will take priority to the extent of the inconsistency.

Cloudscene may make changes to these website terms at any time by posting the updated terms on this website. The updated website terms will take effect immediately on posting. By visiting or using this website at any time after any update, you agree to the updated version of the website terms.

  1. Copyright

    The entire content of this website, including information, data, content, visual interfaces, interactive features, graphics, design, computer code, software, reports and other usage-related data in connection with this website (Material) is owned by Cloudscene Pty Ltd (ACN 603 822 493) or its licensed source. The compilation of Material on this website is owned exclusively by Cloudscene.

    Cloudscene grants you a limited licence to access and use this website for personal, non-commercial transitory viewing, provided that you do not modify the website and you retain all copyright, trademark and proprietary notices. Under this licence you must not:

    (a) download the website (other than page caching);

    (b) use the website or any Material for any commercial purpose or for any public display, without the express written consent of Cloudscene;

    (c) attempt to decompile or reverse engineer this website, or any Material;

    (d) transfer this website or any Material to any person or “mirror” this website or any Material on any other server;

    (e) whether through the use of additional software or by any other means, data mine or conduct automated searches on this site or the data contained in it; or

    (f) take any action that imposes an unreasonable burden on our infrastructure or interferes with this website, our systems or data or those of any third party via this website.

  1. Trade Marks

    The images, logos and names on this website which identify Cloudscene are our proprietary marks (Marks). The Marks must not be used:

    (a) in connection with any product or service that is not a Cloudscene product or service;

    (b) in any manner that is likely to cause confusion among customers; or

    (c) in any manner that is derogatory to Cloudscene.

    You may not frame or use framing techniques to enclose any Mark or other proprietary information (such as images, text or forms) or use meta tags or “hidden text” using any Mark, without Cloudscene’s prior written consent.

    Cloudscene grants you a limited, revocable, non-exclusive right to create a link to the home page of this website, provided that the link does not represent Cloudscene or any of our content providers, or any of their services, in a misleading, disparaging or otherwise offensive manner. You may not use any Mark (other than Cloudscene’s name) as part of the link, without Cloudscene’s prior written consent.

  1. Third party services and websites

    Cloudscene does not examine, determine or warrant the competence, solvency or information of any service provider or facility listed on this website. Cloudscene relies on the service providers and facilities listed in its directories to provide accurate information and Cloudscene assumes no responsibility for verifying the information provided.

    This website may contain links to websites operated by third parties (Third Party Sites).  Third Party Sites are not under Cloudscene’s control and Cloudscene is not responsible for, and does not endorse, those Third Party Sites. You access and use Third Party Sites at your own risk.

  1. Information provided by you

    Any information or content you post or submit to Cloudscene (including all advertisements, photos and creative designs, feedback, suggestions, comments, forum posts, public messages, reviews and ratings) must be your own works or works which you are using with the owner’s consent (Your Content). Your Content must not:

    (a) breach any applicable laws, regulations, standards or codes;

    (b) infringe any third party’s rights;

    (c) contain material that is unlawful, threatening, defamatory, obscene, indecent or otherwise offensive; and

    (d) contain any virus, worm, trojan or other code which is contaminating or destructive to the files, data programs of this website or any of its users.

    You grant Cloudscene (or warrant that the owner of such information has expressly granted to Cloudscene) a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display Your Content throughout the world in any media. You grant Cloudscene and it sub-licensees the right to use the name that you submit in connection with Your Content, if they choose.

    Cloudscene may, but is not obliged to, monitor, edit or remove Your Content.

  1. Disclaimer

    The information on this website may contain delays, errors and omissions. Cloudscene aims to provide accurate and up to date information on this website. Cloudscene obtains and compiles business addresses, names, phone numbers, mappable locations and other business information from public sources that are believed to be reliable. However, Cloudscene does not audit this information, nor is it endorsed or certified by any person. If you have any feedback in relation the information on this website, please email feedback@cloudscene.com.

    Cloudscene does not warrant the suitability, completeness, accuracy or currency of any information on this website or any Third Party Site or that any services will be uninterrupted, timely, secure or error-free.

    The material and information contained in this website is not intended to be advice. You may not rely on this information and should always seek independent advice before making any business decision.

  1. Access

    Your access to this website may be blocked if Cloudscene (in its sole discretion) determines that:

    (a) your access is not for a legitimate purpose, is inconsistent with the way this website is intended to be used or may adversely affect Cloudscene;

    (b) you have engaged in conduct that breaches these website terms or is unlawful or otherwise inappropriate.

  1. Liability

    Cloudscene’s liability for statutory or implied conditions or warranties, which cannot be excluded, is limited to the maximum extent allowable under applicable law.

    To the extent permitted by law, Cloudscene is not liable (whether in contract, negligence or any other tort, under any statute or otherwise) for any loss, damages or expense (including special, indirect, consequential loss, loss of profit or revenue, loss of goodwill, loss of data or business interruption) (Loss) that you or any person incurs arising directly or indirectly out of or referable to material on this website or a Third Party Site.

    You indemnify Cloudscene against all Loss incurred by Cloudscene arising directly or indirectly out of your use of this website or your breach of these website terms.

    In these website terms, indemnities and limitations and exclusions of liability in favor of Cloudscene are to be construed as indemnities, limitations and exclusions in favor of each of Cloudscene’s affiliates.

  1. Changes to this website

    We may, at any time and at our sole discretion, change, remove, discontinue or disable access to Material which forms part of this website or remove or disable links or references to websites operated by Third Party Providers. We may discontinue operating this website at any time without notice to you.

  1. General

    All rights not expressly granted in these website terms are reserved by Cloudscene.

    If a provision of these website terms is void, voidable, unenforceable or the invalid part severed, the remainder of this Agreement will not be affected.

    No failure, delay or indulgence by Cloudscene in exercising any power or right conferred by these website terms will operate as a waiver of that power or right.

    Cloudscene may assign, novate or transfer any of its rights or obligations under these website terms without your consent. You may not assign, novate or transfer any of your rights or obligations under these website terms without Cloudscene’s prior written consent.

    These website terms are governed by the laws of the jurisdiction from which you access this website.