Terms Of Use
These Terms of Use (“Terms”) govern your use of the Trailer Registry website located at www.trailerregistry.com.au (“Website”) and form a binding contractual agreement between you, the user of this Website and us, ViperTrak Pty Ltd.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Website.
This Website is owned and operated by Trailer Registry on the World Wide Web.
The material on the Website is copyright © 2011 Trailer Registry and/or licenced from other copyright owners. By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
1 Licence to use Website
1.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
1.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use provided you do not remove any copyright and trade mark notices contained on the material on the Website.
1.3 You may not modify or copy the layout of the Website and any computer software and code contained in the Website.
1.4 You must not add any content to the Website:
1.4.1 unless you hold all necessary rights, licences and consents to do so;
1.4.2 that would cause you or us to breach any law, statute, regulation, rule, code or other legal obligation;
1.4.3 that is or could reasonably be considered to be obscene, inappropriate, defamatory, libellous, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
1.4.4 that would bring us, or the Website, into disrepute;
1.4.5 that infringes the intellectual property or other rights of any person; or
1.4.6 that is incorrect in any way.
1.5 To the extent that the Website contains links to other websites as well as content added by people other than us, we do not endorse, sponsor or approve any such user generated or any content available on any linked website.
1.6 You acknowledge and agree that:
1.6.1 We retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;
1.6.2 We may alter, amend, remove content added by you to the Website at any time in our sole discretion; and
1.6.3 The Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2 Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website, and the Website and its material may not be re-sold and/or redistributed in any material form, stored in any storage media, and/or re-transmitted in any media without our prior written consent.
2.2 By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferrable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.3 You consent to any act or omission which would otherwise constitute an infringement of your moral right, and if you add any content in which any third party has moral rights, you must ensure that the third party also consents in the same manner.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3 Warranties
3.1 You represent and warrant to us that:
3.1.1 you have the legal capacity to enter into these Terms;
3.1.2 you will use this Website only in accordance with these Terms of Use;
3.1.3 the information you provide via this Website will be accurate and complete; and
3.1.4 you have complied with clause 1.4.
4 Indemnity
4.1 You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (in this clause 4.1 referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those identified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
5 Liability
5.1 To the fullest extent permitted by law, we exclude all liability in respect of loss of data, damage to computer hardware or software, interruption of business or any consequential or incidental damages.
5.2 To the fullest extent permitted by law, we will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a)acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked websites; and
(b)using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked websites.
5.3 To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
5.4 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a)in the case of goods:
(i)the replacement of the goods or the supply of equivalent goods;
(ii)the repair of the goods;
(iii)the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired, and
(b)in the case of services:
(i)the supply of the services again; or
(ii)the payment of the cost of having the services supplied again.
6 Use of Information Gathered
6.1 We or people we authorise may gather, store and process the information:
(a)which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b)regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
6.2 Our Privacy Policy outlines how and when personal information is collected, stored and distributed by us. You can review our Privacy Policy here.
7 Termination
7.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.
7.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
7.3 We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
8 General
8.1 You must not assign, sub-licence or otherwise deal in any way with any of your rights under these Terms.
8.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
8.4 This Agreement is governed by the laws of South Australia and each party submits to the jurisdiction of the courts of South Australia.
