IMPORTANT NOTICE

Any NuMaps Web services and associated data (all of which are referred to as "WebServices") are the copyright and property of NuMaps whose principal place of business is at 11 Chatham Ct Cherrybrook NSW 2126, Australia. These WebServices may not be used by anyone without having been authorised to do so by NuMaps. Subject to your acceptance of these conditions and your satisfactory completion of registration and any other requirements, you may access and use the WebServices in accordance with these conditions. Please read these conditions carefully before registering for the WebService. Do not proceed with registration for the WebService if you do not agree to these conditions. Please note that by accessing or using or by attempting to access or use any WebServices, you thereby agree to be bound by these conditions. In these conditions, references to "you", "your" or derivatives are references to the company, business, person or other entity registering as a user and to each officer, employee or agent who accesses or uses the WebServices through that registered user.

ASSET VALIDATION SERVICE (AVS)

The AVS online service provides an easy convenient way for customers to check the syntax of their design drawings in accordance with the D-Spec Version 5.0. These services check the compliance of the data submitted in accordance to the specification requirements, it does not check that the entries made are correct in terms of, for example, the diameter of a pipe. This service will only check that it is in accordance with the specification guidelines and any other codes defined as part of the specification. This service does not replace any current arrangements that are in place with respect to compliance to Local Government Authority (“LGA”) standards or requests. Nor does it replace the requirement to provide hard copy plans or PDF files requested by the LGA’s. These issues should be addressed directly with the LGA you are dealing with.

WARRANTIES

  1. NuMaps does not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement ("non-excludable rights").
  2. Subject to any non-excludable rights: (a) The WebServices are provided on an "as is" basis; and (b) All express or implied conditions or warranties of any kind (including but not limited to any warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, non-infringement of proprietary rights and the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any content or other part of the WebServices) are excluded.
  3. If you find any errors or omissions in the WebService, please report them to NuMaps. These errors or omsissions shall, at NuMaps discression, be reviewed and, if in NuMaps sole opinion these reported errors and omissions should be repaired, NuMaps will attempt to rectify the problem within the WebService.

LIABILITY ARISING FROM USE OF THE WEBSERVICES

  1. Subject to any non-excludable rights: (a) your use of the NuMaps Web Applications (WebServices) is entirely at your own risk; (b) You hereby release NuMaps from any claims you would otherwise have against NuMaps now or in future arising directly or indirectly from the WebServices or your use or attempted use of the WebServices and (c) In no event will NuMaps be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the WebServices whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any loss or damage caused by any deficiency in the performance of WebServices and any error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material associated with the WebServices or your attempted use of the WebServices.
  2. If you are entitled to make any claim against NuMaps as a result of non-excludable rights or on any other basis notwithstanding the provisions of these conditions, NuMaps liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from NuMaps) is limited to the provision of WebServices again or payment of the cost of providing the WebServices again (at NuMaps election).
  3. Subject to subclause (2) of this clause, your sole and exclusive remedy for any matter arising in connection with the WebService shall be to discontinue your use of the WebService at no penalty whatsoever to NuMaps.

    DISCLAIMER

    While every care is taken to ensure the accuracy of the data provided by the WebServices, NuMaps does not make any representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and, to the extent permitted by law, disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damages) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason

    INDEMNITY

    You must indemnify NuMaps and keep NuMaps indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the WebServices.

    LAW

    These conditions, the provision of WebServices and all other matters arising between us shall be governed by the law of each Australian State Jurisdiction and you hereby irrevocably submit to the jurisdiction of the Courts of the States of Australia. If you have any questions concerning this Agreement please write to NuMaps 11 Chatham Ct Cherrybrook NSW 2126.

    Please email any queries to info&numaps.com.au