Welcome to Magic Map! 

Version 1.0.1 January 2020

We’re excited to have you here but before you start using Magic Map, we do need you to review, understand and accept our terms. We have done our best to keep this simple, clear and easy to follow. 

These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services.

If you still have questions or comments we are always here to answer your concerns and get you mapping in no time. CLICK HERE to contact Magic Map.

When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.

Joining and using Magic Map

This section describes your rights and obligations when you subscribe to use Magic Map. 

You and Magic Map: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say Magic Map, we, our or us, we’re talking about the Magic Map entity you contract with and pay fees to based on the Magic Map plan and additional extras you’re using. 

Our services: Our services consist of all the services we provide now or in the future to our members that have subscribed to use our App.

Subscription: When you create a subscription you are subscribing to use our services and accept these terms, you become a subscriber, user or a member. If you’re the subscriber, you’re the one responsible for paying for your subscription and managing your workspace.

User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. With each pricing plan, there is an allocated amount of users by default and you also have the opportunity to add additional users or invite external users. Inviting external users grant’s them access to your workspace and the ability to work and produce maps within your workspace. Data, maps and all supporting content created by a user cannot be transferred from one workspace to another.

The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type, your user role and the level of access you’ve been granted) for as long as the subscriber continues to pay for the subscription, until the subscription is terminated, or – if you’re an invited user – until your access is revoked.

Subscriber role: As a subscriber, you take responsibility for fully controlling how your subscription is managed and who can access it. This includes:

  • You can invite both internal and external users to your workspace
  • Purchase and add additional users to your workspace
  • You’re responsible for resolving any disputes with any invited users over access to your subscription
  • You’re responsible for all your invited users’ activity

Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services for your legal, tax and compliance obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but you will ensure that passwords are very strong and not easily guessable.

When we release updates or new services: We have a dedicated team working on a range of new releases, improved features, and updates to existing features. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services. When we do release new features these updates have been stringently tested for stability and error-free deployment to ensure our users experience no impact at the time of release.

What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

What we don’t own: All content and mapping templated created and generated by our users is the intellectual property of the subscriber. We have no right to distribute or use this content in any way or form, other than the purpose of providing the subscriber the services we are committed to delivering.

Pricing

Unless you’re in a free trial you will be required to pay for a subscription to use the services of Magic Map.

Trial subscriptions: When you first sign up, you can opt for a free trial, based on the terms specified at the time. This is an obligation free trial for 7 days that allows the subscriber limited use of the Magic Map services. Magic Map reserves the right to revoke your trial at any time and the ability to delete your account if the trial has expired.

Magic Map pricing plans: Your use of our services generally requires you to pay an annual subscription fee based on your subscription type (the subscription fee). The pricing plan consists of the subscription and subscription fees we offered you. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know. All pricing is exclusive of GST as expressed on our pricing page. If a subscriber upgrades your pricing plan the additional upgrade charge (difference in pricing plan) will be calculated on a pro-rata basis. If a subscriber downgrades your pricing plan this will take effect on your next subscription annual renewal date. Additional users can be added at an additional annual fee. The price of an additional user is not charged on a pro-rata basis, it is a flat fee charged at the time of adding the additional user. The current pricing plan, extra features, and additional users will be used to calculate your ongoing subscription charge on the annual renewal date. We will contact you 30 days prior to your renewal to inform you of the upcoming subscription charge.

Taxes for your use of our services: All subscriptions and extra charges will be subject to an additional 10% GST tax at the point of checkout.

Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

Data use and privacy

Magic Map uses your data to provide you our services for the optimum customer experience.

Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.

Use of your own personal data: We respect your privacy and take data protection seriously. Your data is always stored in Australian based servers and at no time do we distribute your data to third parties other than for the purpose of delivering our services.

Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.

Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you're best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.

Confidential information

We take reasonable precautions to protect your confidential information at all times.

Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and you should too!

Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.

Account security features: We may introduce security features to make your account more secure, such as two-step authentication, password reset requests. Depending on where you are in the world or what services you’re using, we may require you to adopt some of these features. Where we make the use of security features optional, you're responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.

Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of Magic Map’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data - like a first name or last name) credit card details, tax identifiers or bank account details. 

Apps and third-party products

To help make your Magic Map experience even more beautiful, the Magic Map IT architecture includes apps and other products and services made available by trusted partners.

Third-party products: Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us. 

Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by the providers. These include how the provider will use your data that you make available to them. We don’t endorse or assume any responsibility for third-party products.

Maintenance, downtime and data loss

Our goal is to always minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.

Availability: We strive to maintain the availability of our services, and provide online support, we endeavour to resolve all concerns within 24-48hr period. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.

Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time. 

Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services. We go to great measures to maintain the security of your data and a regular backup cycle, we suggest you do the same. 

No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services. Magic Map has a no refund policy and by accepting our terms and conditions indicates you are aware of this.

Problems and support: If you have a problem, we have excellent support articles available through our support knowledge base, we also a range of contact options such as support tickets or direct phone line. Customer experience and service are just as important to Magic Map as our software and services, we endeavor to provide you support and resolution within a 24-48hr period.

Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavor to notify you where practical (for example, by email, on our blog, or within our services when you log in).

Do’s and don’ts

This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense. 

Feedback: We love your feedback and may use it without restriction.

Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.

Limitations: Some of our services may be subject to limits such as a cap on the number of maps or monthly downloads.

While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:

  • Undermine the security or integrity of our computing systems or networks.
  • Use our services in any way that might impair functionality or interfere with other people’s use.
  • Access any system without permission.
  • Introduce or upload anything to our services that includes viruses or other malicious code.
  • Share anything that may be offensive, violates any law, or infringes on the rights of others.
  • Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
  • Resell, lease or provide our services in any way not expressly permitted through our services.
  • Repackage, resell, or sublicense any leads or data accessed through our services.
  • Commit fraud or other illegal acts through our services.
  • Act in a manner that is abusive or disrespectful to a Magic Map employee, partner, or other Magic Map customer. We will not tolerate any abuse or bullying of our Magic Map employees in any situation and that includes interaction with our support teams.

Termination

You can easily terminate your subscription at any time up to 7 days prior to your annual renewal date. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.

Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing us notice 7 days in advance to your annual renewal date. 

Termination by Magic Map: Magic Map may choose to terminate your subscription at any time by providing you with 7 dys written notice in advance. Magic Map may also terminate or suspend your subscription or access to all or any data immediately if: 

  • you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
  • you breach any of these terms and the breach cannot be remedied, 
  • you fail to pay subscription fees, or 
  • you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.

No refunds: No refund is due to you if you terminate your subscription or Magic Map terminates it in accordance with these terms.

Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

Liability and indemnity

This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.

You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).

Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose. Magic Map provides no warranty or insurance of our system, databases, services and the content you create using our services. By accepting our terms you accept full responsibility of the use, storage and backup of the information and data you create using Magic Map services.

Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  • We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
  • For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
  • Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Important housekeeping

Here we set out some additional terms. Take a read as they cover important issues.

No professional advice: Magic Map isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in relation to the services we provide, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.  

Events outside our control: We do our best to control the controllable. We aren’t liable to you for any failure or delay in the performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.

Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise). 

Export limitations: You must not use our services in violation of any export or trade embargo laws that apply to you.

Blocking your access, disabling your subscription, or refusing to process a payment: As our site is global, different laws may apply in different countries that restrict our relationship with you. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment. Examples of where we might do this include transactions where the payment is from a sanctioned person or country; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our customers or partners. You promise that you’re not located in a sanctioned country and are not on a sanctioned persons list. We may also block users from a country if we can’t receive payments from that country. You should check what payment methods are available in your country for making payments. We may take any of these actions without notice.

Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. 

Changes to these terms: We sometimes will decide to change these terms of use. Changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. 

Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.

Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.