Roadtrains.com.au Terms and Conditions of Use
BEFORE JOINING ROADTRAINS.COM.AU MEMBERSHIP, DIRECTORY AND/OR USING THIS WEBSITE.
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.
1: General Provisions
3: Posted Information (News Pages)
4: Directory Listings
5: Driver’s Forum
7: Disclaimers, exclusions, limitations, indemnification
8: Future Changes
Use of Information
and Content of the Site
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.
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.
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
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.
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.
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.
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
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.
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 email@example.com
with your request.
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.
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.
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.
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.
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 firstname.lastname@example.org. 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
reserves the right to send Members service emails notifying the Member of
operational or other changes that may affect or significantly change the current
Your use of any
Software on the Site will be governed by the terms of the licence agreement
that is included with that software.
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.
applies to the services offered on the Roadtrains.com.au website. Please read
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
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
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
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
to their content.
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
problem or complaint, please contact us at email@example.com.
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.
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.
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
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
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.
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,
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.
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.
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
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.
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.
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.
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
Limitation and Exclusion
To the extent permitted by
(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
or its Directory or information on or provided through the Website or the
(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.
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.
(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
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
by posting an updated version of the terms on this Site. The amended Terms and
have given you specific notice of any change.