Terms and conditions
Your use of the Service is subject to the Terms. By accessing the Website or using the Service, You agree to be bound by the Terms and You may not deny any of the acknowledgments contained in the Terms.
We may amend the Terms from time to time. Amendments will be effective immediately upon notification on the Website or Us making publicly available a new release of the App. Your continued use of the Service following such notification, or making available, will represent an agreement by You to be bound by the Terms as amended, even if the App is not downloaded or installed.
We may withdraw the availability of the Service without notice. We reserve the right to suspend or terminate Your Registration to use the Service at any time, including if We believe that You have breached any of these Terms or if any of the information that You have submitted to Us (whether during the process of registering or otherwise) is untrue.
In order to use the Service, You must be a Register User. To become a Registered User, You must complete Your registration details in the manner described through the Service.
If You register as a Registered User, You represent, warrant and confirm that:
(a) all registration details are, and will remain, true and correct; and
(b) using the means made available through the Service, You will update and correct registration details from time to time as necessary for the purpose of clause (a); and
(c) You have only registered once as a Registered User.
You may cancel Your Registration at any time by electing to cancel the Registration using the relevant facility made available in the Service. Any Fees paid in advance will not be refunded. If You cancel Your Registration less than five (5) business days before the next due billing date, We may charge You one further month's Fee.
You are responsible for protecting the confidentiality of Your password used in connection with the Registration.
You will be liable for any use of the Service by any person who uses the Service through Your Registration, and will indemnify Us for any act or omission done by a third person through Your Registration.
Fees and payment
Registration as a Registered User is only valid for each month for which payment of the Fee is made pursuant to clause 10. The Fee is as disclosed by the Service from time to time prior to You becoming a Registered User.
As a Registered User, You agree to Us charging the Registered Credit Card the Fee in advance at monthly intervals as specified in the Registration process.
Once You are a Registered User, We may change the Fee payable by You from time to time, provided that We give You at least one (1) month's prior notice, using the email details You have Registered with Us. If You do not cancel Your registration during the notice period, You will be deemed to have consented to the change in Fee and Us charging the Registered Credit Card the amended Fee.
If You do not make payment of the Fee in accordance with clause 10, We may suspend or terminate Your Registration.
You warrant that You have absolute authority to register the Registered Credit Card with Us, and for Us to charge the Registered Credit Card, for the purpose of, and in accordance with, clause 10.
Any changes to the Registered Credit Card charging arrangements, including change of payment interval or change of Registered Credit Card details, must be made with at least five (5) business days prior notice.
Use of Your Data
You grant to Us a worldwide, perpetual, irrevocable, royalty-free and non-exclusive licence, with a right of sub-licence, in respect of Your Data to store, retain, use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Data in connection with Us operating and promoting the Service and the Website.
We have no obligation to retain Your Data nor to make it available on the Website or through the Service.
By using the Website or the Service, You:
(a) must obey all laws in connection with Your activities, including obeying road laws and road rules;
(b)must not provide any information (whether during the Registration process or otherwise) that is false or otherwise misleading;
(c)not use the Website or Service to engage in any conduct that is unlawful, obscene, defamatory, vilifying, racist, harassing, threatening, abusive, unlawfully discriminatory, offensive, objectionable or inappropriate, or might cause harm of any kind to any person or to property or which might encourage illegal activities (including by sending, uploading, providing links to or otherwise making material available through the Website or Service);
(d)must not use the Website to breach any laws or send, upload or link to any information or material that You are not legally entitled to (including confidential information of any person or information about minors that it is unlawful to disclose);
(e)must not use any aspects of Your Registration, the Service or the Website for commercial purposes;
(f)must not post or transmit any material in which the copyright is owned by another person or entity; and
(g)must not post any material that contains viruses or other computer codes, files or programs that are designed to limit or destroy the functionality of other computer software or hardware.
You also acknowledge that:
(a) You must not using any social forums made available on the Website or through the Service for commercial solicitation (whether or not for profit), including any advertising;
(b) You must not use any form of technology that automates the capture of information from the Website or through the Service, such as screen scraping technologies; and
(c)We may remove or alter any information or content that You or any other person may submit to or through any such social forum.
Where the Website contains links to other websites, We do not control those websites, and We are not responsible for the privacy practices of the content of such websites. We do not take responsibility for the content in, or currency of, any externally linked sites. The inclusion of any link within the Website does not imply endorsement by Us of the linked site, nor does it suggest any relationship with the organization linked.
Copyright in this Website and the Service (including in any text, graphics, logos, icons, sound recordings and software) is owned by, or licensed to, Us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in Your location, and except as expressly authorized by these Terms, You may not, without Our written permission, in any form or by any means:
(a)adapt, reproduce, frame, store, distribute, display, perform, publish or create derivative works from any part of this Website; or
(b)commercialism any information, products or services obtained from any part of this Website.
We grant You a non-exclusive, non-transferable, revocable license to use the App in connection with Your Registration on one mobile device within Your custody from time to time. You may not:
(a)modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law;
(b)rent, lease, loan, resell, sub license, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party;
(c)make any copies of the App; or
(d)remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App.
Interacting with other users
We dot not have any liability for any losses arising directly or indirectly from communicating or transacting with any other person who uses the Website or Service.
You acknowledge that We cannot necessarily confirm the identity of other registered users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
Responsibility for the content of material submitted by other users, including any representations made other users, rests exclusively with those persons. The display of any such material by Us does not constitute a recommendation or endorsement by Us of the user or the material submitted by the user.
All information provided by Us on or through the Website or Service is provided in good faith. Any information provided is general information and is not in the nature of advice.
We do not make any representations or warranties that information provided on the Website or through the Service is reliable, accurate or complete, or that Your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or not taken, or reliance made, by You on any information or material available or accessed from the Website or through the Service. You should make Your own inquiries and seek independent advice from relevant industry professionals before acting, or refraining from acting, or relying on any information or material that is made available to You.
We do not warrant that any material You submit to the Service will be protected against loss, misuse or alteration by third parties. We do not warrant that We will post the information or material You submit. If We elect in Our sole discretion to post Your information or material, We do not warrant that the material or information You submit will be posted within a certain time frame.
If You access the Website or the Service from outside Australia, You accept responsibility for ensuring or confirming compliance with all laws in that jurisdiction that apply to You as a result of that access or any consequent transactions or dealings with Us, the Service, the Website or other users.
Limitation of liability
To the extent permitted by law, any condition, warranty or statutory guarantee that would otherwise be implied into these Terms or apply to any goods or services supplied hereunder is hereby excluded. Where legislation implies any condition or warranty, or otherwise prescribes a statutory guarantee, and that legislation permits Us to limit Our liability under any such condition, warranty or guarantee, that condition or warranty will be deemed included, or that guarantee apply, but Our liability will be limited for a breach of that condition, warranty or guarantee to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
To the extent permitted by law, We do not accept responsibility for any loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of this Website or any linked website, nor do We accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through this Website or any linked website.
We do not accept any responsibility or liability for any information or material that You may submit to the Website or through the Service, nor do We accept any responsibility for any use or misuse that You or any other person makes of information or material that You submit may to the Website or through the Service.
We do not accept any liability for the accuracy or content of any material posted by other users on the Website or through the Service. We are not liable for any loss resulting from any action taken or reliance made by You on any information or material submitted by another person.
If You download any material from the Website or the Service, You acknowledge that We are not liable to You for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.
To the extent permitted by law, We also do not accept responsibility for any harm or death caused to any person who uses, or relies on, any information sourced from this Website or through the Service. The Website and the Service do not provide medical advice or recommendations.
You indemnify Us and Our related bodies corporate, and Our directors and employees, against any claim by another person arising out of a breach of these Terms either by You or by any person using any of Your Accreditation, whether or not that use was authorised by You.
These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. If users access the Website from outside Australia they accept responsibility for ensuring or confirming compliance with all laws in that jurisdiction that apply to them as a result of that access or any consequent transactions or dealings with us, the Website or other users.
In these Terms, unless the context otherwise requires:
Accreditation means the login or user name, and password, issued to a Registered User to use the Service,
App means the software application in respect of the Service made available by Us for use on mobile devices;
Fee means the fee as notified by Us from time to time to be a Registered User, as varied from time to time in accordance with these Terms;
Registered Credit Card means the credit card You register with Us from time to time for the purpose of charging You the Fee;
Registered User means a person who has registered their details with Us to use the Service, using the form made available by Us with the Service;
Registration means the status of a Registered User of the Service;
Service means the service offered by Us on the Website or through the App to collect, record and disseminate Your Data;
Terms means the terms and conditions issued by Us relating to the Service as in force at the time when You use the Service;
We, Us, Our, and Ours each mean, as the context requires, Platmon Pty Ltd as trustee for the Bunchrides Unit Trust (trading as Bunchrides);
Website means the website which homepage is located at the URL, www.bunchrides.com.
You means each person who uses the Service; and
Your Data includes any information, data, images or other material that You submit, or that We may collect, through the Service.