Terms of use for carbarConnect App

  1. Terms of use
    1. In these terms of use,
      means Carbar Holdings Pty Ltd ACN 612 049 260.
    2. These terms of use apply to your use of the "carbarConnect" mobile application
      , so please read these terms and conditions carefully. These terms of use include terms that limit our liability for certain types of loss or damage and permit us to disclose your personal information to third parties in accordance with our Privacy Policy. By downloading or using the App you agree to be bound by these terms.
    3. You also accept and agree to the End-User Licence Agreement for Apple or Android (as applicable depending on the version of the App you use).
    4. carbar may update the App from time to time, and you will promptly download and use the latest version of the App. If you do not download and use the latest version of the App, carbar may not be able to provide its services to you.
  2. Registration and your use of the App
    1. To access and use the App, you must download and install the App and set up a user account (including entering your personal details).
    2. You must keep your account details confidential, not provide your account details to any other person and not allow any other person to access your account. You are responsible for the security of your user name and password for the App. You must notify carbar immediately on becoming aware of any unauthorised use of your user name or password or of any other security breach in connection with the App or carbar website.
    3. You may control how you interact with the App and certain App Data by changing settings that are made available to you (including content and notifications), however this may limit your use of the App and certain App Data and prevent us from providing you with the full functionality of the App.
    4. Where you have a subscription with carbar for a vehicle, which is subject to the terms of a separate subscription agreement, the App allows you to view certain data and information about that vehicle and manage certain aspects of your subscription agreement. The App accesses and displays certain information about the vehicle(s) for which you have a subscription with carbar, based on data collected from a GPS unit fitted to the vehicle(s). This information may include location and tracking, health and diagnostics, maintenance and service warnings and reminders, fuel level, fuel usage and economy, trip information, other statistical information relating to fuel consumption, emissions and distances travelled, and other personal information of you
      App Data
      . App Data is also displayed in your carbar account dashboard accessible through the carbar website.
    5. The App may also contain materials such as data, documents, information, advertisements, communications, messages and links from carbar or third parties, including carbar’s nominated servicing agent(s) and providers of special offers and deals
      . The Content may be generated and tailored for you based on App Data, for example you may receive a message when your vehicle is due for a routine service or maintenance.
    6. The App includes a call function for you to contact carbar in the event of an accident. However, this functionality is not a replacement for calling 000 in the event of a serious crash or one that involves an injury, and you should not rely on this functionality in any way. In the event of such a crash, always dial 000 immediately.
  3. General restrictions
  4. You must not (nor allow any third party on your behalf) engage in any of the following activities in connection with your access and use of the App:
    1. copying, distributing, disclosing, modifying, adapting or reverse engineering any part of the App in any way or form;
    2. uploading invalid data, viruses, worms, or other software agents through the App, or otherwise interfering with the proper working of the App;
    3. transmitting spam, chain letters, or other unsolicited email using any part of the App;
    4. attempting to interfere with or decipher any transmissions to or from the servers running the App, or compromise the system integrity or security of any part of the App;
    5. taking any action that imposes, or may impose, an unreasonable load on carbar’s IT infrastructure or which inhibits any other person from using or enjoying the App;
    6. carrying out any denial of service attack on carbar’s servers, or otherwise using any automated system to access the Service in a manner that sends more request messages to carbar’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
    7. collecting or harvesting any personally identifiable information, including account names, from the App;
    8. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    9. using the App for any commercial solicitation purposes unless previously agreed by us;
    10. accessing any App Data or Content through any technology or means other than those provided or authorised by the App;
    11. bypassing the measures carbar may use to prevent or restrict access to the App, including features that prevent or restrict use or copying of any App Data or Content or enforce limitations on use of the App, App Data or Content; and
    12. collecting, using or disclosing personal information of any other person in connection with your use of the App without obtaining that person’s prior express Consent.
  5. Intellectual Property
    1. Subject to the terms of this Agreement, carbar grants you a revocable, non-transferable, non‐exclusive, limited license to access and use the App for personal and non‐commercial purposes. Any use of the App for any purpose not expressly permitted (including resale, transfer, modification or distribution of the App or any element of the App other than in accordance with these terms of use) is strictly prohibited.
    2. carbar (or its third party licensor) remains the owner of the App at all times and controls or retains all right, title and interest in and to the App, including any and all intellectual property rights such as patents, inventions, trademarks and copyright in the works contained in the App, Data and Content, and any other software, design, images and text in the App
      App IP
      . Nothing in these terms of use transfers the ownership of any App IP, and carbar reserves all rights not expressly granted. These terms of use do not grant or imply any rights to any carbar or third party trademarks, trade names, or logos. You must not exercise any of the exclusive rights of carbar (or its third party licensor) as owner or controller of the App IP, and you agree that you will not challenge the validity of any App IP.
  6. You grant us a royalty-free, worldwide, irrevocable and perpetual license to use and incorporate into the App any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the App.
  7. Warranties and disclaimers
    1. To the extent permitted by law, carbar makes no warranties or guarantees about the availability, reliability and accuracy of the app or any data or content provided through the app.
    2. You acknowledge and agree that any Content and links to third-party websites may not be under carbar’s control and does not constitute an endorsement by carbar of those third-party web sites or any service or product offered. To the extent permitted by law, carbar takes no responsibility for the Content (including its accuracy).
    3. carbar will use commercially reasonable efforts to make the App available at all times, however carbar will not be liable or responsible for any unavailability caused by circumstances beyond carbar’s reasonable control, including failures, downtime or delays caused by an internet service provider, applications or software products provided by third parties that interoperate with the App, or denial of service attacks.
    4. You are responsible for all activities that occur using your user account, and carbar will not be liable for any loss, damage, liability or claim caused by any activities or use of the App using your user account (except to the extent that the same is caused, or contributed to, by carbar’s negligence or acts).
    5. Your use of the App, and carbar’s collection and use of App Data, does not replace the need for you to comply with the other terms of the subscription agreement, in particular immediately notifying carbar of any issue, and ensuring the vehicle is maintained and serviced by carbar or its nominated Servicing Agent.
    6. The security mechanisms in the App have inherent limitations and internet transmissions are never completely private or secure. Any data transmitted or received through or by the App may be read or intercepted by others.
    7. carbar is providing the App to you "as is" and use of the App is at your own risk, and to the maximum extent permitted by law, carbar excludes all liability to you for any injury, expenses, or loss whatsoever (whether direct or indirect) to you, other persons or property as a result of using the App, including any theft or corruption of personal information, the inability to use the App or the failure or malfunction of the App.
    8. Nothing in these terms of use restrict, exclude, modify or purport to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth).
  8. Termination and suspension
    1. You or an Approved Driver may cancel your use of the App at any time by deleting the App.
    2. carbar may limit, suspend or terminate your use of the App (in whole or in part) by notifying you accordingly, if:
      1. you breach these terms of use and fail to remedy that breach within 7 (seven) days;
      2. you act fraudulently or unlawfully in connection with your use of the App; or
      3. the security or integrity of the App is compromised in any way, it is not capable of being provided as reasonably anticipated due to any reason beyond carbar’s control (including due to security or technical issues, unlawful or fraudulent activity), or the provision of the App is no longer permitted.
  9. General
    1. carbar may change the features and functions (including the look and feel) of the App from time to time to make improvements to the App or as otherwise reasonably required (including to comply with applicable laws).
    2. Any provision of these terms of use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these terms of use is not affected.
    3. These terms of use are governed by the laws of Victoria, Australia.
    4. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
    5. Your use of the App is conducted electronically and you agree that carbar may communicate with you electronically for all aspects of your use of the App, including sending you electronic notices.
    6. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
    7. No waiver of a right or remedy under these terms of use is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.
    8. A single or partial exercise of a right or remedy under these terms of use does not prevent a further exercise of that or of any other right or remedy.
    9. Failure to exercise or delay in exercising a right or remedy under these terms of use does not operate as a waiver or prevent further exercise of that or of any other right or remedy.
    10. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement.
    11. The words 'such as', 'including', 'particularly' and similar expressions are not used as nor are intended to be interpreted as words of limitation.