In these Terms of Use, ‘we’, ‘us’, ‘our’ and ‘ATN’ means The Australia Traffic Network Pty Limited (ABN 53 078 993 736).
Your access to and use of our website, our official accounts on social media (such as Facebook, Instagram, LinkedIn or X), our mobile sites, any ATN owned or controlled system and any other product or service provided by us from time to time (collectively, ‘Digital Assets’) are subject to these Terms of Use and our Privacy Policy.
By accessing our Digital Assets, you agree to be bound by these Terms of Use. If you do not agree with any of the Terms of Use, you must immediately cease using our Digital Assets.
ATN may review and update these Terms of Use from time to time, including to take account of new laws, technologies and changes to our operations. We reserve the right to change, modify, update, add or delete portions of these Terms of Use at any time and in our sole discretion. Changes to our Terms of Use will be uploaded to the ATN website currently available at trafficnet.com.au. Using any of our Digital Assets after any changes are posted constitutes your acceptance that the revised Terms of Use are binding on you.
1. Your Representations and Warranties
You represent and warrant that you:
• are located within Australia at the time of accessing the Digital Assets;
• are aged 18 years or older;
• own, or are duly authorised to use, the device with which you access the Digital Asset(s) (Device);
• have the necessary licences and consents to access the Digital Assets and to bind yourself to these Terms of Use; and
• will not breach any law, regulation, code, requirement or obligation in your use of the Digital Assets via the Device.
2. Licence to Use Digital Assets
Any information, text, images, illustrations, videos, audio, graphics or other content (collectively, ‘Objects’) available on our Digital Assets are owned by or licensed to ATN, and are subject to applicable copyright and intellectual property laws, including but not limited to, the Copyright Act 1968 (Cth). Objects contain content that is protected by copyright, trademark and other laws and you agree not to engage in any conduct or authorise or allow others to engage in any conduct that may infringe any intellectual property associated with Objects on our Digital Assets. You are prohibited from copying, reproducing, amending, republishing, uploading, posting, transmitting, distributing or repurposing any Objects, unless granted permission in writing by ATN.
ATN provides the Objects on our Digital Assets for your personal, non-commercial use only, and you agree that you have no right to and will not commercialise any aspect of the Digital Assets, unless granted permission in writing by ATN. It is your responsibility to restrict use to personal, non-commercial use and a failure to do so is at your own risk.
The Objects are made available for the purpose of providing general information about ATN and our business only. You agree not to use the Objects and/or Digital Assets for any other purpose. You further agree that your use of the Objects and/or our Digital Assets will not directly or indirectly breach any law, infringe any right, create any security risk or breach these Terms of Use.
Subject to applicable law, we may, without notice, revoke permissions associated with this provision at any time and may suspend or deny your access to all or any part of the Digital Assets.
3. User Content
Digital Assets may contain material uploaded, posted or otherwise electronically transmitted (collectively, Posted) by users of the Digital Assets (User Content). Any User Content Posted by you may, at our sole discretion, form part of the Objects available on our Digital Assets.
You unconditionally and irrevocably waive all moral rights you hold in the User Content in favour of us.
You acknowledge that we may remove any User Content Posted by you in our sole discretion, and that we have no responsibility or liability for the deletion or failure to store any communications or content Posted on the Digital Assets.
You are solely responsible for any User Content Posted by you and for obtaining any necessary licences, consents, clearances, permissions and releases from third parties so that you are able to grant us the rights to the User Content you Post as set out in these Terms of Use.
You will not Post any User Content or use our Digital Assets to communicate any material, or otherwise use the Content or our Digital Assets in a manner that:
• infringes the intellectual property rights or any other rights of any third party;
• promotes illegal activity or otherwise contravenes any applicable law, regulation or other instrument or code;
• is, or could reasonably be expected to be, unlawful, harmful,
threatening, abusive, untrue, inaccurate, misleading, invasive of another’s privacy, confidential, harassing, defamatory, slanderous, vulgar, violent, pornographic, obscene, hateful, racist, discriminatory, embarrassing or otherwise objectionable or defamatory to any other person or entity;
• contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email;
• contains a survey, contest, or pyramid scheme;
• contains an improper question;
• impersonates, stalks, harasses or otherwise harms others;
• distributes viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
• collects or stores personal data about other users of the Digital Assets; or
• constitutes any other conduct that prevents any other person from use
or enjoyment of the Digital Assets.
ATN does not endorse the views or material contained in any User Content.
4. Indemnity
You agree, to the extent permitted by law, to indemnify ATN and its affiliates, and our and their respective officers, directors, employees, agents, subcontractors, licensors and suppliers from and against all claims, actions, demands, liabilities, costs and expenses, relating to your use of the Digital Assets or any breach of any representation, warranty or provision of these Terms of Use.
5. Limitation of Liability
While we endeavour to provide convenient and functional Digital Assets, we can neither guarantee that your access and use will be uninterrupted and error free, nor that the Digital Assets or the server that operates them are free of viruses or other harmful components.
You are required to take your own precautions to ensure your access to the Digital Assets do not expose you to the risk of viruses, malicious computer codes or other forms of interference which may damage your computer system or data. If your use of the Digital Assets results in the need for servicing or replacing property, material, equipment or data, ATN will not be responsible for such costs under any circumstances.
You shall be solely responsible for and ATN shall have no liability in connection with the Device or your access to or use of the Digital Assets on the Device, including, amongst other things, internet plans and excess data costs, the acquisition or repair of hardware, or costs or damage as a result of malware or virus.
You understand that the use of the Digital Assets necessarily involves transmissions of your data over networks that are not owned, operated or controlled by ATN and that we are not responsible for any lost, altered, intercepted or stored data.
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses or expenses (including but not limited to business interruption, lost business, lost data or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy.
6. Disclaimers
The Digital Assets and the Objects are provided on an “as is” basis. To the maximum extent permitted by applicable law, ATN expressly makes no representation or warranty of any kind in connection with our Digital Assets, whether express, implied, including, but not limited to in connection with:
• merchantability or satisfactory quality;
• suitability or fitness for a particular purpose;
• non-infringement of third-party rights, including intellectual property rights; or
• accuracy, reliability, timeliness or completeness of the Digital Assets or Objects.
7. Third Party Technology
Any Digital Asset which is accessible through or links to a third-party platform, system, software or technology (Third Party Technology) is dependent on the terms of use of that Third Party Technology. Your use of the Digital Asset is subject to the terms of the Third-Party Technology. ATN makes no representation regarding, and is not responsible for, the content or accuracy of the materials available through Third Party Technology. You agree that ATN will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through Third Party Technology.
8. Severability
If any provision in these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.
9. General
If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Any disclaimers or limitations of liability in these Terms of Use do not purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
No party may waive any rights under or in connection with these Terms of Use except in writing. Any delay or failure to assert any right under these Terms of Use shall not constitute a waiver of such right. We may assign any of our rights under these Terms of Use without prior notice to you.
You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Digital Assets.
These terms will be governed by and construed in accordance with the laws of New South Wales, Australia, which shall have exclusive jurisdiction over any disputes arising in connection with these Terms of Use or your access or use of the Digital Assets.
The operation of these Terms of Use will survive any termination of your ability to access the Digital Assets.
10. Privacy
ATN must comply with the standards set out in the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For more information, please refer to our Privacy Policy.
11 November 2024
