SUNA GPS Traffic Updates End User Terms & Conditions
Last updated: 17/12/2008
1. Definitions
In these terms and conditions, or any subsequent amendments and/or additions to these terms and conditions as published on the SUNA Traffic Channel website at www.sunatraffic.com.au/termsandconditions/ (“the Website”):
- "Agreement" means these Terms and Conditions.
- Application” means any application (including but not limited to widgets, application programs and web browsers) which is installed on a personal computer, mobile phone or other device and which is capable of Use the SUNA Traffic Channel service or content.
- Approved Devices” means any personal electronic product, mobile phone, navigation unit or other device which is enabled to Use the SUNA Traffic Channel service or content.
- Authorised User” means any person lawfully authorised by the End User to use the Service.
- “Commencement Date” means the date on which the End User commences to Use the Service.
- Data Supplier” means a legal entity (for example, the State of Queensland) which supplies Licensed Data.
- End User” means a person, firm or company who enters into this Agreement to enable the Use of the Service.
- Intelematics” means Intelematics Pty Ltd (ACN 084 882 584), the owner and operator of the Service.
- Intellectual Property Rights” means all intellectual and industrial property rights of whatever nature (whether or not registered or registrable) including, but not limited to:
(a) all technical information, know how, trade and service marks, business names, domain names, copyright, designs, patents, logos, drawings, inventions, discoveries, research developments, trade secrets, rights in circuit layouts, rights in data bases and plant breeders rights;
(b) any application or right to apply for registration of any of the rights in clause (a) and all renewals and extensions of those rights; and
(c) the right to have Confidential Information kept confidential.
- “Licensed Data” means any data supplied by a Data Supplier, regardless of whether such data has been reformatted or converted onto different media or translated into another format.
- “Manufacturer” means a manufacturer of an Approved Device.
- Service” means the traffic and travel information service provided by SUNA Traffic Channel which uses the Licensed Data Product and which is provided or made available to End Users and Authorised Users through Approved Devices or Applications.
- “Territories” means Australia.
- “Use” means use, view, activate, access and/or receive.
- “Vehicle” means any vehicle in which an Approved Device may be installed or used.
2. Acceptance
2.1 By Using or allowing any Authorised User to Use the Service, the End User will be deemed to have accepted and agreed to be bound by this Agreement.
2.2 Intelematics reserves the right to vary this Agreement in whole or in part from time to time and amendments will be effective immediately upon posting of the amended Agreement on the Website. The End User agrees to check this Agreement from time to time on the Website, and the continued use of the Service by the End User or any Authorised User will represent the End Users agreement to be bound by the Agreement as amended.
3. Term
This Agreement will commence on the Commencement Date and will continue for so long as the End User or any Authorised User Uses the Service and, if applicable, maintains its Approved Device in accordance with the Manufacturer’s instructions or directions.
4. Installation and maintenance of Applications and Approved Devices
4.1 Intelematics is not responsible for installation of Applications or Approved Devices into a Vehicle or otherwise. Intelematics makes no representations regarding the installation of Applications or Approved Devices by any person.
4.2 Intelematics does not provide support or assistance for the use or maintenance of Applications or Approved Devices and all questions or requests for assistance should be directed to the Manufacturer or the provider of the Application.
5. Provision of Service
5.1 Intelematics will use reasonable endeavours to provide the Service 24 hours a day, 365 days a year. The Service may occasionally be unavailable for technical reasons or for planned maintenance and Intelematics cannot assure the uninterrupted reception of the Service at any particular location.
5.2 Intelematics will use reasonable endeavours to conduct all necessary maintenance relating to the Service during ‘off-peak’ times, but does reserve the right to withdraw the Service at any time.
5.3 The Service is intended as an aid to personal navigation, personal motoring and related travel planning, and Intelematics does not guarantee or warrant that the Service will provide comprehensive or accurate information on all occasions. On occasions, the End User or an Authorised User may experience additional delay as a result of using the Service. The End User acknowledges that the Service is not intended, or suitable, for use in applications where time of arrival or driving directions may impact the safety of any person.
6. Use of the Service
6.1 End Users remain, and must ensure that all Authorised Users remain, at all times responsible for observing all relevant laws and codes of safe driving and Intelematics will not in event be liable for any fine, penalty, or punishment issued to any End User or Authorised User.
6.2 End Users agree, and must ensure that each Authorised User agrees, to only actively use or operate the Service on their Approved Device in accordance with the Manufacturer’s instructions and, if applicable, only when the Vehicle is at a complete stop and it is safe to do so.
7. Acknowledgments
7.1 The End User acknowledges and agrees, and must ensure that each Authorised User acknowledges and agrees, that:
(a) neither it nor any Authorised User obtains any right of ownership of any Intellectual Property Rights in the Licensed Data or any Licensed Data Product; and
(b) End Users and Authorised Users must only use the Service, Licensed Data and any Licensed Data Products for its own personal use or for use in the ordinary course of its business.
7.2 For the avoidance of doubt, the ability of End Users and Authorised Users to use the Service in its ordinary course of business does not extend to:
(a) anything which is prohibited in this Agreement;
(b) on-selling or distributing to third parties Licensed Data or Licensed Data Product for reward or otherwise; or
(c) recording, packaging or transferring any Licensed Data or Licensed Data Product for the purpose of providing or developing a service to update traffic or provide up to date travel information.
7.3 The End User warrants and agrees, and must ensure that each Authorised User warrants and agrees, that it will not:
(a) make available, on-sell or distribute Licensed Data or any Licensed Data Product for reward or otherwise to any other third party;
(b) record or retransmit any content of the Service;
(c) use the content of the Service in association with any other traffic information or route guidance service or device not approved by Intelematics; or
(d) use the Licensed Data, any Licensed Data Product or the Service with the intention of encroaching upon the privacy of an individual or company or other organisation.
7.4 The End User also agrees and acknowledges that Intelematics relies on Data Suppliers for the supply of Licensed Data in order to provide the Service. Should the Data Supplier experience difficulties with the supply of the Licensed Data, Intelematics will be unable to provide the Service. While every effort is made to ensure that the Licensed Data is continually provided by a Data Supplier, Intelematics makes no representations nor warrants that a Data Supplier will continue to provide Intelematics with Licensed Data.
7.5 The End User acknowledges that, owing to the nature of the technology comprised in an Approved Device, the operation of the Service may from time to time be adversely affected by physical features such as underpasses, atmospheric conditions and other causes of interference beyond Intelematics’ control. Intelematics can give no guarantee that the Service will work in adverse conditions or in the event of force majeure.
8. Liability
8.1 The End User agrees that neither Intelematics nor any Data Supplier is under any liability for any loss or damage, either direct, indirect, incidental, consequential or otherwise arising out of the use of or inability to use the Service, Licensed Data or any Licensed Data Product even if Intelematics has been advised of the possibility of such damages.
8.2 Neither Intelematics nor any Data Supplier makes any representation or warranty that the Service, Licensed Data or any Licensed Data Product will be free from errors or computer viruses or contamination of any kind.
8.3 The End User acknowledges that neither Intelematics nor any Data Supplier guarantees or makes any representations or warranties that relate to the availability, accuracy or completeness of the Service, Licensed Data or any Licensed Data Product; and to the extent which it is lawful to do so, both Intelematics and all of its Data Suppliers exclude any warranties which might otherwise be implied by any State or Federal legislation in relation to the Service, Licensed Data or any Licensed Data Product.
8.4 In respect of all liability under this Agreement, Intelematics’ liability in respect of each event or series of connected events will not exceed $100.
8.5 The Services must not be used in any way which would or may affect the ability of any driver of the Vehicle to drive safely and in accordance with the road laws. Intelematics will not be liable for any loss or damage caused by the acts or omissions of the End User, or any Authorised User.
9. Termination
9.1 The End User may, at any time, terminate this Agreement by no longer Using the Service and no longer allowing any Authorised User to Use the Service.
9.2 Intelematics may terminate this Agreement with immediate effect:
(a) on written notice to the End User’s Manufacturer or provider of the Application; or
(b) by posting a notice, which is made available to the public, on the Website,
if:
(c) any government or other regulatory approvals for the use of the Service is withdrawn, suspended or amended at any time; or
(d) a Data Supplier no longer supplies Intelematics with Licensed Data.
9.3 Upon termination of this Agreement the accrued rights and liabilities of the parties will not be affected and any payments made by End Users prior to termination are non-refundable unless agreed in writing by Intelematics prior to termination.
10. General
10.1 The End User may not assign, transfer or otherwise deal with their rights under this Agreement without the prior written consent of Intelematics.
10.2 This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.
