Application Terms of Service
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1.1. Roads and Maritime Services: The Application is provided by Roads and Maritime Services ABN 76 236 371 088 (RMS).
1.2. Application: The Application is a journey planning mobile application that provides access to non-real time traffic volume data in relation to roads in New South Wales; a reference to the Application includes all of the content featured or displayed on the Application, including text, graphics, photographs, images, moving images, sound, illustrations, data, files, other information and software.
1.3. These terms govern your use of the Application: These Terms of Service (Terms) set out the terms on which RMS will provide the Application, and govern your access to and use of the Application. You are taken to have agreed to these terms if you use the Application.
1.4. Changes to Terms:
(a) RMS may make changes to the Terms from time to time without notice to you. RMS will publish on RMS’ website an updated version of the Terms containing any changes made to them from time to time.
(b) Changes to the Terms will be effective on the date the updated version is published (Change Effective Date).
(c) You will be taken to have accepted the changes to the Terms if you continue to use Application from the applicable Change Effective Date.
2.1. Your responsibilities: The actual traffic conditions and travels times may differ from the information displayed on the Application. You are responsible for:
(a) relying on your own judgment in relation to the accuracy and reliability of the travel data made available in the Application and checking for relevant travel alerts; and
(b) allowing sufficient extra time for your planned journey and planning your journey taking into account potential delays and other transport issues.
2.2. Use rights: You must only use the Application:
(a) solely for your own personal, and non-commercial purposes; and
(b) in compliance with these Terms with all laws and regulations (including but not limited to all traffic laws and regulations applicable to you and the use of the Application).
2.3. Limitations and restrictions: You must not, directly or indirectly:
(a) copy, translate, adapt, modify, alter, create derivative works, de-compile, or reverse-engineer the Application or any part of it;
(b) remove, change or obscure any copyright or other intellectual property notice or disclaimer in or in relation to the Application;
(c) use the Application in any way which:
(i) results in you or RMS breaching, or being involved in a breach of the law;
(ii) is inconsistent with RMS’ obligations as a government agency in relation to ensuring that road users operate safely and within NSW and national road laws;
(iii) interferes with the proper operations of the Application;
(iv) introduces any virus or harmful code that is designed to allow unauthorised control of, or adversely affect a computer, network or data;
(v) for benchmarking or competitive purposes;
(vi) for availability, performance or vulnerability testing; or
(vii) attempts to do any of the above as set out in this section 2.3.
3.1. Suspension, restriction or termination: Without limiting any other rights of RMS under these Terms, RMS may suspend, restrict or terminate your access to the Application, or any part of it, at any time without notice to you.
3.2. Application updates: RMS may from time to time make changes to the Application (or any part of it) without notice to you. During Application updates, your access to the Application may be affected.
(a) RMS provides the Application on an “as is” and “as available” basis. RMS does not warrant that the operation or performance of the Application will be uninterrupted or error-free.
(b) To the extent permitted by law, RMS disclaims all warranties whether express, implied or otherwise, including warranties or assurances in relation to Application’s quality, performance, accuracy, completeness or timeliness, or that it will be fit for your purposes. This disclaimer is subject to any statutory guarantee RMS may be subject to at law and which in the case of services provided to consumers cannot be excluded or modified.
(c) There may be websites and/or content linked to the Application which are not controlled by RMS. RMS is not responsible and does not endorse any such websites and content. Links to those websites and content, if provided, are provided for convenience only, and are subject to their own terms.
(d) Information from, and communications to and from, the Application may be viewed, intercepted or altered (including in transit) by malicious internet users. Content on the Application accessed over the internet may contain computer viruses or other malicious software. By accessing the Application, you accept these risks and are responsible for adequately protecting your devices.
(e) To the maximum extent permitted by law, under no circumstances will RMS accept any liability to you or any other person for any loss, damage, claim, action, liability, proceeding, demand, cost, charge, expense, outgoing (Losses) sustained by you or any other person from use of the Application.
4.2. Indemnity: You indemnify RMS (including its officers, employees, agents and contractors) against all Losses (including legal costs on a full indemnity basis) that you suffer or incur from your use of the Application.
5.1. Intellectual property rights: RMS owns (or has the rights to) and will continue to own (or have the right to) all intellectual property rights in Application, including all improvements, enhancements or modifications to it. Your rights to use the Application is limited to the rights expressly granted under the Terms. All other rights of RMS are reserved.
6.1. Governing law and jurisdiction: The law of New South Wales governs these Terms. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts which are entitled to hear appeals from them.