Mapkats Terms of Use

Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions. In these Terms, 'us', 'we' and 'our' means Native Empire and our related bodies corporate.

WHEN YOU USE MAPKATS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH HEREIN.

  1. About Us

    Mapkats is a website owned by Empire IP Pty Ltd ACN 169 648 640 and operated by Native Empire Pty Ltd ACN 169 648 364 that provides its business clients (Customers) with the ability to create geo-fenced locations where they can operate promotions, sweepstakes, contests, market data gathering activities and deliver location-based services and content, collectively called Promotions and Services. Mapkats software and services are designed to allow Sponsors to gather personally identifiable information from Users who knowingly choose to provide this information to participate in the promotion and services together with anonymous data regarding the promotion itself. This information is used by Customers for various marketing purposes, which are included in their own terms and conditions they create to run those promotion which they make available externally to the Mapkats platform and website, which their Users can access and agree to those terms to participate in those promotions and services.

    1. Fees; Charges; Taxes. Fees and any other charges for the use of Mapkats Services are described on the Site at: http://mapkats.com/pricing. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered. Fees may change from time to time and if they do change, we will give you at least 30 days notice before activating the change. If they do change, your continued use of our Services after the change indicates that you agree with the new fees and charges after the effective start date and any changes to fees and other charges will be applied to your account after the effective start date. They will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction. Fees paid to Mapkats for products and service offered on the Site, unless otherwise specified in writing, are non-refundable. If your use of the Site is terminated by us because of your breach of these Terms, we will retain fees and charges paid by you for your use of the Site. If we terminate your use of the Site for any reason other than your breach of these Terms, we will refund your subscription fee on a pro rata basis.

      [IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.]

  2. Website Services

    To create an account, you must be:

    • At least 18 years of age;
    • Possess the legal right and ability to enter into a legally binding agreement with us; and
    • Agree and warrant to use the website in accordance with these Terms.
  3. Registration

    You must be a registered member to access certain features of our website. When you register and activate your account, you will provide us with personal information such as your name and email address, telephone number, employer details and other information required to operate the service. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

    When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

  4. Your Acceptance of the Terms and Conditions
    1. Customers. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

    2. Users. Users of the Mapkats site who opt-in to participate in Customer Promotions and Services are bound by the contents of the Mapkats terms and conditions (http://mapkats.com/terms) which also specifies rules of conduct to be followed by us and our Customers in order that we and you can take advantage of our contractual rights specified in our agreement. While a Customer may provide their own terms of service agreements for Users to participate in their own promotions and services, you acknowledge you have read and understood the Mapkats terms and conditions and that anyone utilizing Mapkats software, websites and other online services to access a Customer website is also covered by the Mapkats terms and conditions.

  5. Promotions and Competitions

    For certain services within the Mapkats site such as campaigns, promotions or contests, Users may be required to additional agree to Customer's terms and conditions. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

  6. Mapkats and Third Parties' Websites and Services
    1. These Terms and Conditions apply to all Users of the our website and/or the Customer's services and websites, collectively, the Sites, including Users who are also contributors of user submitted content, information, and other materials or services on the websites and/or the services.

    2. Promotion content may contain links to Customer and/or third party websites that are not owned or controlled by us and, in order to access some features of the Promotion which are provided by, with or through a Customer or third party, you as a Promotion or Service User may have to create an account with such Customer or third party and/or enter into a separate commercial relationship with them. We have no control over, and assume no responsibility for, the content, terms of use, privacy policies, or practices of any Customer's third party's websites or services. In addition, we are not able to censor or edit the content of any third party website or service, and its ability to control the content of a Customer's website is limited by the terms of our Subscription Agreement with that Customer. While we request Customers and third parties to comply with applicable rules and regulations for advertising and marketing on the internet, as a practical matter, we have no independent means to verify such compliance. As a User you expressly relieve us from any and all liability arising from your use of any Customer or third party website, promotions or service. Accordingly, we encourage you to be aware when you access some features of a website, promotions or services which are provided by, with or through a Customer or a third party, to read the terms and conditions and privacy policy of each third party's website, promotions and services that you access.

    3. Promotions and Media Sponsors distribute Promotions and other media utilizing tools/services offered on the sites and Users may enter or engage with such promotions and media. If you are a User, you acknowledge to us you understand that Customers are responsible for promotions and media distributed through the site, promotions and services and for ensuring that such promotions, services and media comply with all applicable laws, rules, and regulations. If you enter a promotion or access a service, you should carefully review the official rules of the Promotion or Service including any applicable privacy policy, these Terms, and any additional information or links provided in the Customer's terms of use. You are required to agree to the Customer's Official Rules including all linked terms, conditions, and policies before entering any promotion or accessing a service. You acknowledge that we are not responsible or liable for the failure of any Customer (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion. You acknowledge and agree that we do not sponsor, administer or endorse, and is therefore not liable for, the content of any promotion or media distributed through the Site. Customers may require you to provide personally identifiable information in order to participate in a certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that we may also use any information you provide consistent with our Privacy Policy and these Terms. You acknowledge and agree that we are not responsible or liable for Customer's use or distribution of information you provide. Please see each Customer's promotion rules and privacy policy for details on how each Customer uses your personal information. You further agree to hold harmless us and our parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Service. Your agreement to hold us harmless includes, without limitation, all of your claims related to the posting or removal of Content, User Content, or entries to or from the Site.

  7. Customer Collection Notice
    1. We collect personal information about you in order to respond to your enquiry, process your registration, provide you with the ability to create geo-fenced areas to run location-based promotions and for purposes otherwise set out in our Privacy Policy at https://mapkats.com/privacy.html.

      We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our geo-fenced services, provision of promotions or respond to your enquiries. We may also disclose your personal information to recipients that are located outside of Australia, including to payment gateway providers, 3rd party platform services, etc that may be located in the United States of America, the United Kingdom and other countries where these external providers operate to provide their services to our website and product.

    1. Our Privacy Policy explains:
      • how we store and use, and how you may access and correct your personal information;
      • how you can lodge a complaint regarding the handling of your personal information; and
      • how we will handle any complaint.

    By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

  8. Collection of User Data Participating in Promotions and Usage

    To the extent we collect personally identifiable information from Users who participate in Customer promotions, we do so solely for the use of Customers and the administration of the Promotions and Services. We limit access to all personally identifiable information gathered within its organization and data is never shared outside of the company, with the exception of the Customers of the Promotions and Services in which you decide to participate, or to comply with governmental or legal requests.

    We may contact you in connection with the Promotions and Services you are a participant and use your personally identifiable information collected from past Promotions and Services when you access future Promotions and Services or utilize the Mapkats application. You may also grant us permissions within other applications such as Instagram and Facebook running on our platform that allow us to share your activity within our applications on these platforms. These permissions may or may not be required for you to participate in certain Promotions and Services and you may revoke these permissions at any time in your privacy settings on those platforms/services. You may request that your collected personally identifiable information be deleted from Mapkats systems at any time by sending your request to support@mapkats.com.

  9. Accuracy, Completeness and Timeliness of Information
    1. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

    2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

    3. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

  10. Linked Sites

    Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

  11. Intellectual Property Rights
    1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

    2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

    3. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

  12. User Submissions
    1. The Website supports the submission by Customers and other users of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality or protection of your Content against use by third parties with respect to any of your submissions.

    1. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, sublicenseable and transferable license to use, reproduce, distribute, adapt, prepare derivative works of, translate, publish, publicly display, and publicly perform the User Submissions in connection with the Website and Mapkats (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and pursuant to these Terms.

    1. In connection with User Submissions, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third-party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, harmful to children, in violation of any third party's rights or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) submit or transmit any viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (f) violates our Acceptable Use Policy; (g) or impersonate another person. We do not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. You acknowledge that Mapkats and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove Content and User Submissions without prior notice. We also reserve the right to terminate a User's access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. We also reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

    1. You understand that when using the Website and/or the Services, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold Native Empire, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

  13. Unacceptable Activity

    You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

    • Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

    • Using this website to defame or libel us, our employees or other individuals;uploading files that contain viruses that may cause damage to our property or the property of other individuals;

    • Posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

    If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

  14. Warranties and Disclaimers

    To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

    We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

  15. Statutory Guarantees and Warranties to Consumers
    1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:

      • Schedule 2 of the C&C Act; and
      • those statutory guarantees, all of which are given by us to you if you are a consumer.
    2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:

      • We will repair or replace the goods or any part of them that is defective; or
      • Provide again or rectify any services or part of them that are defective; or
      • Wholly or partly recompense you if they are defective.
    3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-

      • If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
      • If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
      • If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
      • Refunds are not offered for our services once they have been provided. If you have a specific circumstance you would like to discuss contact us and we will review it.
  16. Limitation of Liability

    If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

    • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    • We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    • We do not participate in any way in the transactions between our users.
  17. Indemnity

    By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

  18. Jurisdiction and Governing Law

    Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

  19. Privacy

    We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.