Terms of Use
These terms are an agreement between you and Geoff Mallinson, an individual developer based in New South Wales, Australia, covering your use of the Mallo Map iOS app and the Mallo Map website. By using Mallo Map you agree to them. If you do not agree, please stop using the app.
Safety — please read this
Mallo Map is an aid to navigation, not a substitute for one. Do not rely on it as your only means of navigation, and do not rely on it in an emergency.
Map, terrain and elevation data come from third-party government and community sources. It may be inaccurate, incomplete or out of date. Tracks and trails shown may not exist, may be impassable, or may cross private land. GPS accuracy varies with terrain and weather, and your phone can lose signal, run out of battery, get wet or break. Carry a map and compass, tell someone your plans, and use a satellite messenger or personal locator beacon where conditions warrant it. You are responsible for your own safety and for assessing the conditions you travel in.
Your account
You need an account to sync data. You are responsible for keeping your password secure and for activity under your account. Tell us promptly if you believe someone else has access to it. You must be old enough to form a binding contract, and Mallo Map is not intended for children under 13.
Licence to use the app
We grant you a personal, non-exclusive, non-transferable, revocable licence to use Mallo Map on devices you own or control, for your own purposes. We keep all rights in the app itself, including its software, name and design.
Acceptable use
You agree not to:
- use Mallo Map to break the law, trespass, or infringe anyone else’s rights;
- upload content that is unlawful, abusive, or that you have no right to share;
- attempt to access other users’ data, probe or interfere with our systems, or bypass any access control;
- scrape, bulk-download or resell map data in breach of the terms of the underlying map providers; or
- place unreasonable load on our services, or on the third-party map, elevation and routing services the app depends on.
Your content
Your tracks, waypoints, notes, photos, drawings and trips remain yours. You grant us only the licence we need to operate the service: to store, back up, transmit and display that content to you and to the people you choose to share it with.
You are responsible for what you upload and for who you share it with. Marking a trip public makes it readable and downloadable by anyone with the link, and photos attached to waypoints are stored at public URLs — see the Privacy Policy for the detail.
We may remove content that breaches these terms or the law, and we will tell you if we do so, unless we are prevented from doing so.
Third-party data and services
Mallo Map displays map, elevation, weather, search and routing data supplied by third parties, including OpenStreetMap contributors and Australian government mapping agencies. That data is provided under their own terms and licences, and we do not control its accuracy or availability. Those services may change or stop working at any time.
Availability
We do our best to keep Mallo Map working, but it is offered as-is and may be unavailable, interrupted, or changed at any time. We may add, remove or alter features. We do not guarantee that data synced to our backend will never be lost — keep your own backups of anything important, using the app’s GPX and KML export where appropriate.
Consumer guarantees and disclaimers
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. If you are a consumer under the Australian Consumer Law, you have guarantees that cannot be contracted out of, including that services are supplied with due care and skill.
Subject to that, and to the maximum extent the law allows: Mallo Map is provided “as is” without warranties of any kind; we do not warrant that it will be accurate, uninterrupted or error-free; and we are not liable for indirect or consequential loss, loss of data, or loss arising from your reliance on map data or on the app for navigation. Where our liability cannot be excluded but can be limited, it is limited to resupplying the service or paying the cost of having it resupplied.
Ending your use
You can stop using Mallo Map at any time and ask us to delete your account. We may suspend or terminate an account that breaches these terms, or where required by law.
Changes to these terms
We may update these terms. We will change the date at the top of this page, and for significant changes we will tell you in the app. Continuing to use Mallo Map after a change means you accept the updated terms.
Governing law
These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that state.
Apple
Apple is not a party to these terms and has no responsibility for Mallo Map. Apple has no obligation to provide support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
Contact
Geoff Mallinson, New South Wales, Australia — support@geoffmallinson.com