Terms of Service
Cloudscene Global Terms of Service
Last updated: 31 March 2023
Cloudscene Global Terms of Service
Last updated: 31 March 2023
Our Privacy Policy explains how we process personal information. By using our Platform, you’re also agreeing to our Privacy Policy.
We encourage you to read these terms and the Privacy Policy carefully.
The entity you are contracting with is Cloudscene (Cloudscene Pty Ltd ACN 603 822 493), and “we” or “us” means Cloudscene and our affiliates.
As part of our service, we may also reject, delay or remove content if it is likely to have an impact on other users or their experience of the Platform. If we do so, we will email you explaining why to give you the opportunity to rectify it.
We also own the name “Cloudscene” and other Cloudscene marks, logos and designs that we use in connection with our Platform in Australia and other countries around the world.
We give you temporary, limited permission to create a link to any page on our Platform, provided that the link does not represent Cloudscene or any of our service providers, or any of their services, in a misleading, disparaging or otherwise offensive manner. We can revoke this permission at any time at our discretion and it does not allow you to use any of our trade marks as part of the link (other than the Cloudscene word mark as our name).
When you upload or share content, you grant Cloudscene a world-wide, royalty-free and sub-licensable licence to use the content and to exercise all intellectual property rights in it (including trade marks and copyright).
If your content contains personal information, it is subject to our Privacy Policy. It also doesn’t apply to information that is publicly available and common knowledge.
This licence lasts for as long as your content is protected by intellectual property rights.
You also agree not to take actions that could place an unreasonable burden or disproportionate load on our infrastructure or interfere with how our Platform works.
We utilize robot exclusion headers and other technological protection measures on the Platform. You agree not to circumvent these technological protection measures or other measures we take to prevent or restrict access to the Platform.
Buyers who use our Procure+ service enlist Cloudscene’s team to manage their network procurement on the Platform, which includes:We do not control, nor do we accept any liability in connection with, any information provided to us by buyers using the Procure+ service. We do not guarantee that buyer or seller information is complete or correct. We have no involvement in, and are not a party to, any transaction between buyers and sellers that follow the use of this service.
Cloudscene will take reasonable steps to provide a safe and reliable service. However, we do not warrant that any of the information on the Platform, whether provided by us or others, is accurate or complete.
We do not guarantee that the Platform will be secure or available at any specific time or location. Cloudscene does not warrant that the Platform will always operate as intended. We may modify or end the services we provide to you on the Platform in the future.
Our liability for statutory or implied conditions or warranties, which cannot be excluded, is limited to the maximum extent allowable under applicable law.
We are not liable (whether in contract, negligence or any other tort, under any statute or otherwise) for any special, indirect or consequential loss, loss of profit or revenue, loss of goodwill, loss of data or business interruption arising directly or indirectly out of your use or inability to use our Platform.
In no event shall the aggregate liability of Cloudscene and its affiliates for any damages exceed the total fees paid by you to Cloudscene for applicable services in the 12 months prior to the claim arising.
We do not control the information provided by buyers and sellers nor are we responsible for any representations made by third parties, so your reliance on third party representations and content (including links to websites) is at your own risk. We do not guarantee the quality, suitability, accuracy, completeness or legality of any third party representations or content.
You acknowledge that in some circumstances your conduct on the Platform (such as seeking and responding to quotes) may give rise to legal obligations to other users. You are responsible for any transactions you enter into, and if a user breaches any obligation owed to you, you are solely responsible for enforcing your rights. We are not in any circumstances a party to any transactions between buyers and sellers.
We do not control or monitor the services procured or offered through the Platform, and we do not guarantee they will meet your expectations. You use those services at your own risk.
Our Platform uses Google Maps features and content. The use of Google Maps features and content is subject to Google Maps’Terms of ServiceandGoogle’s Privacy Policy.
You release us (including our directors, officers, employees, agents and contractors) from any claims, demands and damages (actual and consequential) in connection with your disputes with other users.
You indemnify Cloudscene, its related entities and directors, officers, employees, agents and contractors (“Indemnified Parties”) against any legal claim or demand arising directly or indirectly out of or in connection with your use of or access to our Platform, your breach of these terms or any legal obligation or law, your acts or omissions or your use of information or services provided to you by a third party, except to the extent such legal claim or demand was caused or contributed to by Cloudscene’s negligence.
Even if you indemnify us, we will handle our legal defence as we see fit and you agree to cooperate with us.
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We’ll make changes to these terms from time to time. If the changes are material, we’ll notify you directly at the email address linked to your account in advance to provide you the opportunity to review the changes. That way, you can stop using the Platform if you don’t accept the changes. Non-material changes will be posted on cloudscene.com with effect from the date we post them. If you continue to use or visit the Platform after we update these terms, you are accepting that the modified terms are binding on you.
After you close your account or stop using the Platform, the limitations of liability, disclaimers and indemnity provisions in these terms will survive termination of these terms, together with any licences or other rights you have granted to Cloudscene. To request the deletion of your account, please email help@cloudscene.com
These terms are governed by the laws of Queensland, Australia. If you are unhappy with us or have a complaint, please contact us first to try to resolve the problem. If we cannot resolve it, you agree to provide us legal notice or service of process by writing to us, and sending the notice by post, to this address: Cloudscene Legal, PO BOX 10769, Brisbane QLD 4001. In the unlikely event of a dispute, you and Cloudscene submit to the non-exclusive jurisdiction of the courts of Queensland.
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If any part of these terms is found to be void, voidable or unenforceable, that part will be severed and the rest of these terms will remain unaffected.
No failure or delay by Cloudscene in exercising any power or right conferred by these terms will operate as a waiver of that power or right.
Cloudscene is not your agent for any purpose related to these terms.
We may assign, novate or transfer our rights and obligations under these terms without your consent.
If you have an enquiry regarding privacy, or you wish to raise a complaint, please fill out the form
By clicking “submit”, you understand that Cloudscene will collect and use your personal data in accordance with its Privacy Policy.