Roadtrains.com.au Terms and Conditions of Use

PLEASE REVIEW BEFORE JOINING ROADTRAINS.COM.AU MEMBERSHIP, DIRECTORY AND/OR USING THIS WEBSITE.

Introduction:

This site is owned and operated by Tebrakunna Trucking, an Australian registered company. Users will be able to access some of the information, graphics and data on the Site without becoming a member, although certain areas are only accessible if users become members. Information posted by transport media or other third party providers in our “News” section is able to be viewed for free. The online directory service is also free to view or search. “Truck Test” pages are considered Premium Content and cannot be viewed unless you are a member of this site.

Tebrakunna Trucking provides the Roadtrains.com.au website (the “Site”) as a service to the road transport industry. By becoming a member of Roadtrains.com.au or by using/surfing this site, you agree to be bound by the Terms and Conditions of Use. Roadtrains.com.au may change these Terms and Conditions of Use from time to time, at our sole discretion. Your continued use of the website following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms and Conditions of Use.

Section 1: General Provisions

Section 2: Privacy Policy

Section 3: Posted Information (News Pages)

Section 4: Directory Listings

Section 5: Driver’s Forum

Section 6: Advertisers

Section 7: Disclaimers, exclusions, limitations, indemnification

Section 8: Future Changes

SECTION 1: GENERAL PROVISIONS

Use of Information and Content of the Site

You acknowledge that Roadtrains.com.au reserves the right to modify, revise or discontinue any features, functionality or services provided as part of or in connection with the Site, without prior notice.

Proprietary Rights

The Site and all information, in whatever form, be it graphic, text, photos, or video, are proprietary to and the copyright belongs to Roadtrains.com.au or its third party partners. Copying, reproducing, republishing, redistributing or in any way modifying the information without the prior written permission of Tebrakunna Trucking is prohibited. All trade marks and logos appearing on the Site are Roadtrains.com.au’s or its third party partners’, and as such, cannot be used without the written permission of Tebrakunna Trucking or the third party owners.

Design & Layout

The design of the Site is the property of Roadtrains.com.au. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, without prior written permission from Roadtrains.com.au.

Copyright

The material provided on Roadtrains.com.au is copyright protected. You may not use any part of the material on the Roadtrains.com.au website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution. All content of this Site is copyright protected to Roadtrains.com.au and its proprietor Tebrakunna Trucking, its suppliers and/or licensors unless expressly indicated otherwise. All information, images, logos, text, material, graphics, audio and video must not be reproduced, modified, copied, republished, uploaded to a third party, posted, transmitted or distributed in any way without the express written permission of Roadtrains.com.au or the respective owners of said property. Content is protected by international copyright and trademark laws. Trademarks which appear on Roadtrains.com.au are owned by Tebrakunna Trucking, its affiliates OR THEIR RESPECTIVE OWNERS.

Maintenance & Difficulties

Roadtrains.com.au takes reasonable steps to ensure that our services are properly maintained. We must perform occasional scheduled maintenance to servers and the Site to ensure this. We attempt to perform scheduled maintenance at times which least affect our Customers (eg between the hours of midnight and 2am AEST).

The Site and/or the Directory may experience interruptions and access difficulties from time to time. We will not be responsible for such interruptions or access difficulties.

Third Party Information

The information available on the Site may contain information provided by third parties or from other sources or references. While we will endeavour to ensure that such information is up to date and accurate at the time it is posted on the Site, Roadtrains.com.au does not always verify such information and therefore caution should be exercised in relation to the reliability and accuracy of the information.

Roadtrains.com.au contains third-party advertisements or directory listings that contain embedded hyperlinks or which include referral buttons to websites operated by the relevant third parties or their licensees or contractors. These advertisements or directory listings are not recommendations or endorsements by Roadtrains.com.au, its affiliates or their respective directors or employees. Please refer to the relevant advertiser for all information regarding the advertiser and its products and/or services.

Third Party Sites

Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Roadtrains.com.au, and Roadtrains.com.au is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

Email Newsletters

Users may subscribe to Roadtrains.com.au’s Email Newsletter service. The use of the content in these newsletters is subject to these Terms and Conditions. You can unsubscribe at any time, simply by contacting us at info@roadtrains.com.au with your request.

Transactions with Third Parties

Third party partners of Roadtrains.com.au may offer information, services, transactional services or other information and products for sale through their advertisements, posted information, directory listings or links. When users purchase products or services from any of our linked third parties or listed directory members, their contract is with the third party and not with Roadtrains.com.au or its affiliated business partners.

Competitions

Roadtrains.com.au will offer competitions and prize draws on the Site from time to time. Such competitions and prize draws will be subject to the Terms and Conditions published along with these competitions and prize draws.

Content

The opinions and views expressed in the Roadtrains.com.au News pages do not necessarily represent those of Roadtrains.com.au. Roadtrains.com.au is not responsible for the content or conduct of any site linked to or from the Site.

Comments, questions or suggestions

Please note that any information, unsolicited suggestions, ideas or other submissions will be deemed not to be confidential and non-proprietary. By sending information or material, you grant Roadtrains.com.au and its proprietor, Tebrakunna Trucking an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Roadtrains.com.au and its proprietor are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Membership & Privacy

When becoming a member of Roadtrains.com.au, users must provide accurate and complete registration information, in particular their email address. Notifying roadtrains.com.au of changes to this personal information is the responsibility of the user and can be done by contacting info@roadtrains.com.au. Each membership registration is for a single user only. Users may not share their password with another person or allow multiple users to log on to the Site using their identification. Users are responsible for all use of the Site made by themselves or anyone else using their identification. Use of the personal information gathered from users is covered in Roadtrains.com.au’s Privacy Policy.

Roadtrains.com.au reserves the right to send Members service emails notifying the Member of operational or other changes that may affect or significantly change the current services offered.

Software

Your use of any Software on the Site will be governed by the terms of the licence agreement that is included with that software.

Our Rights

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law or the Terms and Conditions of Use.

SECTION 2: PRIVACY POLICY

This Privacy Policy applies to the services offered on the Roadtrains.com.au website. Please read this Privacy Policy carefully before using this Site. Usage of the Site is conditional upon you agreeing to be bound by this privacy policy.

Roadtrains.com.au and its proprietor, Tebrakunna Trucking, are firmly committed to protecting the privacy of its customers and web browsers. Roadtrains.com.au is the sole owner of any information collected on this site. We will not share, sell, or otherwise distribute the information of our customers or those who otherwise provide personal information to us, to any other organizations in any way other than what is intended.

You agree that if you disclose your personal or business information to us for the purpose of our directory listing, we will create a database record about you and make the directory listing accessible on our website.

You agree for us to use cookies on your browser (unless you remove them). Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes. Most web browsers are set to accept cookies. Roadtrains.com.au uses cookies to make your use of our website and services as convenient as possible.

Cookies in and of themselves do not personally identify users, although they do identify a user’s browser. Cookies are useful to estimate our number of members and determine overall traffic patterns through our website.

If you do not wish to receive any cookies, you may set your browser to refuse cookies.  

All personal information collected is held in the strictest confidentiality. Any information, such as email addresses, addresses, and other contact information, submitted via a download form, or purchase form, remains the sole property of Roadtrains.com.au. This information is used only to assist our customers. We collect information for our Directory listings from publicly available sources and from businesses themselves. Roadtrains.com.au will not otherwise collect or monitor any personal information about you without your consent.

In some areas of this site there are links to other websites. We cannot be responsible for any of the content on these external sites. We are also not responsible for the privacy policies on those sites. We would encourage any user to read and understand the privacy policy of any third party website before proceeding to their content.

If roadtrains.com.au becomes aware of any ongoing concerns or problems with sites on our website, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us at info@roadtrains.com.au.

SECTION 3: POSTED INFORMATION (NEWS PAGES)

If you are the author of a News Page listing on Roadtrains.com.au, you must not provide material that is grossly offensive to the road transport industry community, including, but not limited to, blatant expressions of bigotry, racism, hatred, profanity or that promotes or provides instructional information about illegal activities or that promotes physical harm or injury against any group or individual.

Listings in the roadtrains.com.au News pages cannot contain, or provide links to, materials that Roadtrains.com.au, in its sole discretion, may consider illegal or offensive, including, but not limited to hate-group propaganda or pornography.

Roadtrains.com.au reserves the right to terminate your News listing account and any materials you have provided if it determines, in its sole judgment, that you are in violation of any provision of these Terms and Conditions of Use.

Additions to the News pages will be featured on the page for a period of one month, after which time they will be moved to the News page archive.

You are required to ensure that the material you post to the News page is accurate, complete, up to date and suitable. You are also required to comply with all relevant local and state laws and regulations and, where applicable, all national and international laws and regulations.

Roadtrains.com.au respects the intellectual property rights of others, and expects its users to do the same. You are prohibited from posting anything on the Site that violates the intellectual property rights of others. Therefore, by registering and submitting information to the News page of this Site, you hereby represent and warrant:

a) That you have all right, title, and interest to such Posted Information, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to abide by these Terms and Conditions of Use and make the Posted Information available;

b) That the Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity;

c) That, to the extent you are advertising to transfer or sell any product, you have all right, title and interest in such product to allow such transfer or sale. 

You may not post, or otherwise propagate, material of any kind which contains computer worms, viruses or other types of malicious or harmful programs.

By placing any information or other material in the News page, you grant us a non-exclusive, perpetual, royalty free, unrestricted, worldwide license to edit, reproduce, adapt, translate, exhibit, publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sublicense and otherwise use such material.

You also herby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party’s internal reference purposes.

If your Posted Information includes links to internet sites (“Posted Links”), you are deemed, to the extent you are able, to grant to Roadtrains.com.au a worldwide, royalty-free, sublicenceable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. Roadtrains.com.au reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.

Inclusion of any links (Posted Links or others) in the News pages does not imply an endorsement by or responsibility of Roadtrains.com.au with regard to the contents of sites related to Posted Links.

We reserve the right to refuse to post or to remove any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard in any way objectionable or in violation of any applicable law or the Terms and Conditions of Use without notice to you. We also reserve the right to modify or discontinue any services we offer at any time without notice or liability to you.

SECTION 4: DIRECTORY LISTINGS

Roadtrains.com.au operates an online directory listing for businesses and persons in the Australian road transport industry (the “Directory”) at www.roadtrains.com.au . The addition of your business to the Directory is conditional upon your acceptance and compliance with these terms and any other specific conditions, notices and disclaimers contained in the Site, including the Privacy Policy.

Our purpose in collecting information about your business is to provide you with a profile and with customer contacts through listing this information in a directory. By submitting information to our website directory you agree for this information to be listed in the directory on our website.

Roadtrains.com.au will list any Directory Listing as per the terms and conditions stated within this agreement and according to listing price; Premium Listings are placed before Standard Listings, both are in Alphabetical Order. All listings submitted will be approved by Roadtrains.com.au before payment is requested. Listings will only be uploaded upon receipt of your payment.

We back up Customer data and information onto backup equipment on a regular basis for the purposes of disaster recovery and in accordance to adequate safety precautions. In the event of technology equipment failure and/or data corruption, we will restore from the last known archive. It is up to the customer to periodically check that the information in their Directory listing is true and correct.

We do not warrant that the Directory is error or fault free or that it will meet your requirements.

SECTION 5: DRIVER’S FORUM

As part of these Terms and Conditions of Use, you agree that you will not post to the Driver’s Forum any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind.

You are required to comply with all relevant local and state laws and regulations and, where applicable, all national and international laws and regulations. You must also respect our and other users’ rights.

SECTION 6: ADVERTISERS

By advertising on this site, you warrant that you, your organization and your employees, contractors, agents and representatives are supportive of the Australian Road Transport community.

Roadtrains.com.au makes no guarantee of traffic quantity supplied to specific sites. If the user doesn’t want it, the user isn’t going to click on it. Your traffic will be quality traffic.

SECTION 7: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION

For avoidance of doubt, please note that the term “Site” as used in the above sections encompasses all content of this Site whatsoever, including but not limited to Posted Information in the News pages. Headings in this Terms and Conditions of Use Agreement are for convenience only and shall not be used to interpret this Agreement.

A waiver by us of a provision of or right under the Terms and Conditions of Use is only binding on us if it is in writing and executed by us. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.

The Terms and Conditions of Use are governed by the laws of the State of Queensland, Australia and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of that State.

All rights not expressly granted in the Terms and Conditions of Use are reserved.

Disclaimers

Except as provided by law, we provide our Site and Services “as is” and without any warranty or condition, express or implied. To the maximum extent permitted by law, we specifically disclaim the implied warranties of title, merchantability and fitness for a particular purpose.

We do not guarantee continuous, uninterrupted or secure access to our Site and Services.

All information, photos, and prices are subject to change or correction without notice. Roadtrains.com.au makes every effort to ensure, but does not guarantee, the accuracy of the information on this website. Links to other websites imply neither responsibility for, nor approval of, the information contained in them on the part of Roadtrains.com.au. Browsing and using this Site is at your sole risk.

Roadtrains.com.au assumes no responsibility for errors or omissions either by itself or third parties providing content to this site. Information in advertisements posted on this site has been supplied by Advertisers, Manufacturers, Owners, Dealers, their agents and advertising agencies.

Roadtrains.com.au does not warrant the accuracy of the information contained in advertisements featured in this site and shall not be responsible for any special, incidental or consequential damages suffered by any party resulting from reference to said advertisements. Neither does Roadtrains.com.au warrant that the functions contained in content, or your access to this site, will be uninterrupted or error free, that any defects will be corrected or that the network or the server which stores and transmits content to you are free of viruses or harmful components.

Limitation and Exclusion of Liability

To the extent permitted by law:

(a) where the services we provide to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified, our liability for breach of any such condition or warranty will be limited to the supply of the services again.

(b) We exclude all liability to you or any other person for any loss or damage, whether arising in contract, negligence or otherwise arising out of or in connection with any use of the website www.roadtrains.com.au or its Directory or information on or provided through the Website or the Directory.

(c) And without limiting sub-clause (b), we exclude all liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if we have been advised of the possibility of such loss or damage.

Indemnity

You must at all times indemnify us and our affiliates and our suppliers and their respective officers, employees, contractors and agents (“those indemnified”) from and against any loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified arising out of your use of the Directory or the Website or breach of these Terms and Conditions of Use.

Termination

(a) The Terms and Conditions of Use are effective until terminated by us, and we may terminate them and your right to post information and material to the News pages, Driver’s Forum or the Directory at any time without notice.

(b) In the event of termination you are no longer authorized to add your material or information to our News pages or the Driver’s Forum, but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms and Conditions of Use will survive.

(c) In the event of termination we will not be liable to you for any claims of any kind arising from removal of your Directory listing form the Directory whether on account of the loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or on account of any other cause whatsoever.

SECTION 8: FUTURE CHANGES

Our commitment to be a leading provider of online information services to the road transport industry means that our website will continue to evolve as we introduce new services and features to our Site. Because of this, from time to time, our policies will be reviewed and may be revised. Roadtrains.com.au reserves the right to change its Terms and Conditions of Use and its Privacy Policy at any time and notify you by posting an updated version of the terms on this Site. The amended Terms and Conditions of Use and Privacy Policy will apply between us whether or not we have given you specific notice of any change.