Terms and conditions of use of idDriver web based applications and services

Introduction

This web based application and related web based on-line services are owned by idDriver Pty Ltd,  (ABN) 623 117 055, the various policies govern your use of this web based application and how we promote and handle information and respond to you under various circumstances described by the various policies. By using this web based application, you unconditionally accept these policies in full. If you disagree with them or any part of them, you must not use this web based application and idDriver accepts no responsibility whatsoever for any loss or damage that may arise from the use, reference or otherwise of this web based application or information and services contained within.

This web based application and related services also operates via an additional set of related polices that govern your use of this web based application and those related services. You should make yourself aware of all of these policies by reviewing them at the Policy Page.

Specifically, this webweb based application may collect Personal Information in order to fulfil the services you choose. By continuing using this web based application you are agreeing to these terms and conditions and you consent to idDriver collecting Personal Information in accordance with the terms of idDriver's Policy Page.

By continuing using this web based application you are agreeing to these terms and conditions and you consent to idDriver use of cookies in accordance with the terms of idDriver's Cookies Policy.

This web based application has an anti-spam policy. By continuing using this web based application you are agreeing to the anti- spam terms and conditions and you consent to idDriver Spam Policy.

License to use web based application and service

Unless otherwise stated, idDriver and/or its licensors, agents, partners or sub-contractors own their respective intellectual property rights in the web based application and material on the web based application. Subject to the license below, all these intellectual property rights are reserved.

You may view, download (for caching purposes only), and print content from the web based application for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Without express written permission from idDriver, you must not:

  • republish material from this web based application (including republication on another web based application);

  • sell, rent or sub-license material from the web based application;

  • reproduce, duplicate, copy or otherwise exploit material on this web based application for a commercial purpose;

  • edit or otherwise modify any material on the web based application; or

  • redistribute material from this web based application, except for content specifically and expressly made available for redistribution or purchased by you through this web based application.

Acceptable use

You must not use this web based application: in any way that causes, or may cause, damage to the web based application or impairment of the availability or accessibility of the web based application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this web based application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this web based application without idDriver’s express written consent.

You must not use this web based application to transmit or send unsolicited commercial communications.

You must not use this web based application for any purposes related to marketing without idDriver‘s express written consent.

Restricted access

Access to certain areas of this web based application is restricted. idDriver reserves the right to restrict access to any areas of this web based application, or indeed this entire web based application, at idDriver’s discretion.

If idDriver provides you with a user ID and password to enable you to access restricted areas of this web based application or other content or services, you must ensure that the user ID and password are kept confidential.

idDriver may disable your user ID and password at idDriver’s sole discretion without notice or explanation.

User supplied material

In these terms and conditions, “User Supplied Material” means material (including without limitation in the form of text, images, paper, audio material, video material and audio-visual material of any digital format) that you submit to this web based application, for whatever purpose.

The original User Supplied Material will always remain the property of the supplier however upon supply, you grant to idDriver a worldwide, transferable, irrevocable, non-exclusive, royalty-free license to use, reproduce, translate, digitise or upload your user content for use by the web based application. You also grant to idDriver the right to sub-license these rights, and the right to bring an action against you or any other party for infringement of these rights.

idDriver is under no obligation to return User Supplied Material to the supplier once supplied.

Your User Supplied Material must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or idDriver or a third party (in each case under any applicable law). In the event that you deliberately or otherwise breach this condition, idDriver accepts no responsibility whatsoever for any loss or damage that may arise from the use, reference or otherwise of this User Supplied Material or related information or services.

You must not submit any User Supplied Material to the web based application that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

idDriver reserves the right to edit, remove or refuse to use any User Supplied Material submitted to this web based application, or stored on idDriver ‘s servers, or hosted or published upon this web based application.

idDriver is not responsible, accountable or liable for the accuracy of original or reproduced User Supplied Material. Any use of the User Supplied Material by the web based application is done so on an “as is” basis without any acceptance of liability by idDriver.

No warranties

This web based application is provided “as is” without any representations or warranties, express or implied. idDriver makes no representations or warranties in relation to this web based application or the accuracy, currency or relevance of data or information and materials provided on or used by this web based application.

Without prejudice to the generality of the foregoing paragraph, idDriver does not warrant that:

  • this web based application will be constantly available, or available at all; or

  • the information on this web based application or used by this web based application is complete, true, accurate or non- misleading.

idDriver’s services is based on a series of computer based algorithms (which is subject to change) and may use User Supplied Material producing a result for your own independent analysis and decision making. Nothing on this web based application constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

idDriver will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this web based application:

  • for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business or personal losses, loss of revenue, income, profits or anticipated savings, loss of contracts or customers or sales leads or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if idDriver has been expressly advised of the potential loss.

Exceptions

Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit idDriver’s liability in respect of any:

  • death or personal injury caused by idDriver’s negligence;

  • fraud or fraudulent misrepresentation on the part of idDriver; or

  • matters which it would be illegal or unlawful for idDriver to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this web based application, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.

If you do not think they are reasonable, you must not use this web based application.

Other parties

You accept that, as a limited liability entity, idDriver has an interest in limiting the personal liability of its directors, officers, employees and shareholders. You agree that you will not bring any claim personally against idDriver’s directors, officers, employees and shareholders in respect of any losses you suffer in connection with the web based application.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect idDriver’s directors, officers, employees, shareholders, agents, subsidiaries, successors, assignees and sub-contractors as well as idDriver.

Unenforceable provisions

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this web based application disclaimer.

Indemnity

You hereby indemnify idDriver and undertake to keep idDriver indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by idDriver to a third party in settlement of a claim or dispute on the advice of idDriver’s legal advisers) incurred or suffered by idDriver arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to idDriver’s other rights under these terms and conditions, if you breach these terms and conditions in any way, idDriver may take such action as idDriver deems appropriate to deal with the breach, including suspending your access to the web based application, prohibiting you from accessing the web based application, blocking computers using your IP address from accessing the web based application, contacting your internet service provider to request that they block your access to the web based application and/or bringing court proceedings or other legal relief against you.

Variation

idDriver may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this web based application from the date of the publication of the revised terms and conditions on this web based application. Please check this page regularly to ensure you are familiar with the current version.

Assignment

idDriver may transfer, sub-contract or otherwise deal with idDriver’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with any other idDriver policy, constitute the entire agreement between you and idDriver in relation to your use of this web based application, and supersede all previous agreements in respect of your use of this web based application.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the applicable laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Australian Capital Territory.

Ownership of copyright

The copyright in this web based application and the material on this web based application (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio- visual material on this web based application) is owned by idDriver and where indicated by its licensors, agents, partners or sub-contractors.

Copyright license

idDriver grants to you a limited, non-exclusive, royalty-free, revocable license to:

  • view this web based application and the material on this web based application on a computer or mobile device via a web browser;

  • copy and store this web based application and the material on this web based application in your web browser cache memory for your sole personal and non-commercial use; and

  • print pages from this web based application for your sole personal and non-commercial use.

idDriver does not grant you any other rights in relation to this web based application or services provided though the web based application or the material on this web based application. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this web based application or the material on this web based application (in any form or media) without idDriver’s prior written permission.

Data mining

The automated and/or systematic collection of data from this web based application is prohibited.

Analysis data and timeframes

Certain data underlying the web based application and the provision of related services is made available by the third party service providers and is subject to change by those providers. These changes are beyond the control of idDriver. idDriver takes reasonable measures to ensure it maintains this data as far as practical. Services presented at one point in time may not produce the same results from an earlier or at a later presentation. This web based application and services and the data used to provide the services is provided “as is” without any representations or warranties, express or implied. idDriver makes no representations or warranties in relation to this web based application or the accuracy, currency or relevance of data or information and materials provided on or used by this web based application.

Permissions

You may request permission to use the copyright materials on this web based application by writing to us by completing the form on the Contacts page.

Enforcement of copyright

idDriver takes the protection of its copyright very seriously.

If idDriver discovers that you have used its copyright materials in contravention of the license above, idDriver may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of idDriver copyright materials that contravenes or may contravene the license above, please report this by completing the form on the Contacts page.

Infringing material

If you become aware of any material on the web based application that you believe infringes idDrivers or your or any other person's copyright, please report this by completing the form on the Contacts page.

idDriver’s contact details

The full name of idDriver Pty Ltd , Australian Company Number 632 117 055 idDriver Pty Ltd is registered in the Australian Capital Territory.

idDriver contact details are:
Level 4, 70 Kent Street, Deakin
Canberra, A.C.T, 2600

You can contact idDriver electronically by completing the form on the Contacts page.