Terms & Conditions

 

 

 

1.1. Welcome to www.realtimetraffic.com.aum.au (the ‘Website’). The Website provides general information about the company’s services and an online login portal for the data subscription service (the ‘Services’).
1.2. The Website is operated by Real Time Traffic Pty Ltd (ABN 63 620 403 705). Access to and use of the Website, or any of its associated Products
or Services, is provided by Real Time Traffic Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the
Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Real Time Traffic Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Real Time Traffic Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Real Time Traffic Pty Ltd in the user interface.

3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the
Services (the ‘ Account’).
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
(f) Company name
3.5. You warrant that any information you give to Real Time Traffic Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Real Time Traffic Pty Ltd; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties is strictly prohibited. You agree to immediately notify Real Time
Traffic Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or
approved by the management of Real Time Traffic Pty Ltd;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of credit or debit card or other payment methods if available.
5.2 Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Real Time Traffic Pty Ltd will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.
5.3 You agree and acknowledge that Real Time Traffic Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates or additional fees. Real Time Traffic Pty Ltd assumes no responsibility for the payment of bank or any other third part service fees or charges.

6. Cancellation and Refund Policy
You agree to the electronic delivery of Content being initiated simultaneously with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned.

In the event that after your Order you discover and promptly inform Real Time Traffic within 48 hours that (a) the Content you have ordered is faulty; (b) the Content delivered to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined by Real Time Traffic Pty Ltd. Otherwise, no refunds are available. If you encounter any of the above issues, please contact the support team.

7. Copyright and Intellectual Property
7.1. The Website, the Services and all the related products of Real Time Traffic Pty Ltd are subject to copyright. The material on the Website is protected under Australian copyright laws and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design
elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Real Time Traffic Pty Ltd or its
contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Real Time Traffic Pty Ltd, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms; Real Time Traffic Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Real Time Traffic Pty Ltd.
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
7.3. Real Time Traffic Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the
Website will transfer any to you.
7.4. You may not, without the prior written permission of Real Time Traffic Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose,unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy
8.1. Real Time Traffic Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Real Time Traffic Pty Ltd’s Privacy Policy, which is available on the Website.

9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Real Time Traffic Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services),
whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Real Time Traffic Pty Ltd
make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Real Time
Traffic Pty Ltd) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Real Time Traffic Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability
10.1. Real Time Traffic Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Real Time Traffic Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to
you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any
theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.

11. Termination of Contract
11.1 You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service
11.2 Real Time Traffic Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Real Time Traffic Pty Ltd is required to do so by law;
(c) the provision of the Services to you by Real Time Traffic Pty Ltd is, in the opinion of Real Time Traffic Pty Ltd, no longer commercially viable.
11.3. Subject to local applicable laws, Real Time Traffic Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Real Time Traffic Pty Ltd’s name or reputation or violates the rights of those of another party.

12. Indemnity
12.1. You agree to indemnify Real Time Traffic Pty Ltd from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or rising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempting to do so; and/or
(c) any breach of the Terms.