TruckSeeker Terms & Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRUCKSEEKER (COLLECTIVELY THE “PARTIES”).
BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Welcome to TruckSeeker.
Thank you for selecting the Services offered by Anderson Tandem Tipper Hire Pty Ltd (ACN 137 857 508) on the www.truckseeker.com.au website (referred to as "TruckSeeker", "we", "our", or "us").
2. USE CONSTITUTES ACCEPTANCE
Please review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and TruckSeeker. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services and you should leave the website.
3. THE AGREEMENT
This Agreement describes the terms and conditions governing your use of all of the TruckSeeker online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
• Additional terms and conditions, which may include those from third parties such as PayPal.
• Any terms provided separately to you for the Services, including service terms, ordering, activation, payment terms, etc.
This Agreement supersedes supersede all prior representations, Agreements, statement and understandings, either verbal or in writing between you and us in relation to your use of our websites and Services.
4. PROTECTION OF MINORS
You must be at least 18 years of age to register or use our website or Services. By using the Services you warrant and represent you are at least 18 years of age. If you are not 18 years of age or older you must not use this website and should leave now.
5. ACCOUNT AND PASSWORD SECURITY
You must keep your account details and any associated passwords and security codes secure and confidential. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority. You are solely responsible for determining whether the security provided by TruckSeeker and its suppliers is sufficient for your purposes and implementing any other security measures you deem appropriate.
We may at any time request a form of identification to verify your identity and/or your compliance with this Agreement. You must not use your account or profile for or in connection with the impersonation of any person.
You must notify us via the help section or in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our websites arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
6. PRIVACY, PERSONAL INFOMRATION AND COOKIES
7. YOUR RIGHTS TO USE THE SERVICES
7.1 Limited Grant of Rights: TruckSeeker uses proprietary software. The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by TruckSeeker. TruckSeeker reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, TruckSeeker grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.
7.2 No Third Party Use: You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
• Provide access to or give any part of the Services to any third party.
• Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
• Make the Services available on any file-sharing or application hosting service.
8. OWNERSHIP OF INTELLECTUAL PROPERTY
8.1 Ownership: We provide you with Services only, and you obtain no ownership of or interest in our hardware or software or any of our intellectual property or any other TruckSeeker assets.
8.2 Third Party Licences: You must comply with the licence terms of all software used in connection with the Services including that of our suppliers or any third parties. You must not do anything that causes us to breach a software licence. If a third party claims that (or we have reason to believe that) you have breached a license, we are not obliged to provide Services until the issue is resolved to our reasonable satisfaction.
8.3 Intellectual Property: No intellectual property ownership rights transfer from you to us, or from us to you, as a result of this Agreement.
9.1 Subscription: For Services offered on a payment or subscription basis, the following terms apply, unless TruckSeeker notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services.
9.2 Payment in Australian Dollars: Payments will be billed to you in Australian dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
9.3: Manner of Payment: You must pay your subscription each for each agreed subscription period (which may vary and be monthly, three (3) monthly, six (6) monthly, annually, or some other period as agreed from time to time) with a valid credit card acceptable to TruckSeeker or by another payment option TruckSeeker provides to you in writing.
9.4 Incorrect Payment Information: If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
9.5 You Must Keep Your Payment Information Up To Date: If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
9.6 Automatic Renewal: TruckSeeker may automatically renew your monthly subscription to the Services at the current rates, unless the Services are cancelled or terminated under this Agreement, provided you and Truckseeker have agreed on automatic renewals.
9.7 Cancellation and Refund Policy: Subscription payments are non-refundable. If you do not wish your subscription to renew and to therefore be liable for further payments you must cancel your Services before your next renewal date.
9.8 Your Account Records: We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.
9.9 Promotion Codes: Promotion codes offering free access to www.truckseeker.com.au services may be offered from time to time at the sole discretion of TruckSeeker. Such promotion codes may be offered for varying periods, including but not limited to one (1) month, three (3) months, six (6) months or twelve (12) months and expire after the stipulated period. Promotions do not provide for unlimited free access to TruckSeeker and your access will terminate after the stipulated promotion period unless you purchase a paid subscription.
10.1 You Are Responsible for Your Content: You are responsible for all materials ("Content") uploaded or stored through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. TruckSeeker is not responsible for the Content or data you submit or obtain through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
c. Except as permitted by TruckSeeker in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
10.2 Use of Your Feedback: You agree that TruckSeeker may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant TruckSeeker a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to TruckSeeker in any way.
10.3 We May Monitor Your Content: You agree that TruckSeeker may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect TruckSeeker or its subscribers, or operate the Services properly.
11. WARRANTIES AND DISCLAIMERS
11.1 Disclaimers: Unless specifically included with the Services, TruckSeeker is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
EXCEPT AS SET FORTH IN CLAUSE 11.2 WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WWW.TRUCKSEEKER.COM.AU. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
TRUCKSEEKER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
11.2 Limited Warranty: Where we supply you with goods or services and the supply is subject to Australian law, any non-excludable warranties and conditions implied by Division 2 of Part V of the Trade Practices Act 1974 apply; but to the fullest extent allowed by law, our liability for breach of them is limited to the total fees paid or payable by you under this Agreement. We warrant that Services will be supplied with reasonable skill and care.
12. OUR LIABILITY
We make no representation and provide no warranty that the operation of www.truckseeker.com.au will be uninterrupted or error-free. So far as the law permits, we disclaim all implied warranties, terms or conditions of satisfactory quality, merchantability, fitness for purpose, title or non-infringement or any implied warranties arising out of course of performance, course of dealing or usage of trade. So far as the law permits, we will not be liable for direct, indirect, incidental, special or consequential punitive or multiple damages, including without limitation any damages resulting from loss of use, loss of business, loss of revenue, loss of profits or loss of data arising in connection with this Agreement or our performance of services or of any other obligations relating to the Agreement. If, notwithstanding the foregoing, a liability arises, you agree that our aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable by you under this Agreement. The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
FOR THE AVOIDANCE OF DOUBT, TRUCKSEEKER DOES NOT EXCLUDE LIABILITY ARISING UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OF AUSTRALIA.
13. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
a. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;.
c. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
d. All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless www.truckseeker.com.au and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the services or your uploaded data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. TruckSeeker reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by TruckSeeker in the defence of any Claims.
15.1 Termination by You: You may terminate Services at any time by through the administration functions supplied for your managing your account.
15.2 Termination by Us: TruckSeeker may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect TruckSeeker’s rights to any payments due to it. Dance Admin Pro may terminate a free account at any time. Sections 5 through 16 will survive and remain in effect even if the Agreement is terminated.
Possible reasons for termination include but are not limited to:
a. It is necessary due to a force majeure event or an emergency
b. We, acting reasonably, suspect that there has been fraudulent or illegal use of Services
c. We reasonably believe that you have breached these terms and (i) the breach is not capable of remedy or (ii) the breach is capable of remedy and you have not remedied it within the period we specify in a remedy notice
d. We reasonably believe that there is excessive or unusual use of Services
e. We reasonably believe that you are jeopardising the operation or quality of our systems or the Services we supply to other customers
f. You have failed to pay any charges you owe us or you are an unacceptable credit risk.
15.3 Suspension of Your Service: We may suspend rather than terminate your Services at our sole discretion.
15.4 Data Recovery after Termination: After your service is terminated, we are not responsible for storing or retaining your Contents. It is solely your responsibility to copy and download any data you require before your service terminates.
15.5 No refund on Termination: If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
16. GENERAL PROVISIONS
16.2 Governing Law: This Agreement will be governed in all respects by the laws of South Australia. The Parties may try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then the Parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia.
16.3 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
16.4 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
16.5 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.
16.6. Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
16.7 Communication and Notices: You consent to receive notices and information from us in respect of our website and services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, by posting on your “My Account” (or similar) page, publication on our website, by SMS, or in any other way recognised by law.
16.8 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
16.9 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
16.10 No Third Party Beneficiaries: There shall be no third party beneficiaries to this Agreement. You indemnify us against any claim by a person that they are a third party beneficiary.
16.11 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
16.12 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
16.13 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
16.14 Links to Third Parties: Our website may feature links to websites operated by third parties. Such websites do not form part of the Services or TruckSeeker and are not under our control. We do not accept any responsibility for the contents of any such third party website. If you link to any third party websites you leave our website entirely at your own risk.
16.15 Advertising: Our website may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
LAST UPDATE TO THE TERMS AND CONDITIONS: 1st AUGUST 2014