Acceptance of Platform (ANCAP Rescue app) Terms and Conditions & Intended Users
1.1You accept the Platform Terms and Conditions in full by using the Platform.
1.2You must not use the Platform if you do not accept the Platform Terms and Conditions.
1.3The intended users of the Platform are trained emergency services personnel.
1.4You understand and acknowledge that the Content is provided solely for the purpose of assisting trained emergency services personnel. By continuing to use the Platform, you confirm you are trained in the emergency services, or if you are not, that no reliance will be placed on the Contents.
2.1We grant you a non-exclusive, non-transferable, revocable, limited licence to:
(a)view and use information accessible from the Platform; and;
(b)purchase goods or services from the Platform, if relevant.
2.2You must not:
(a)cause damage or interfere with accessibility to the Platform;
(b)use it in connection with illegal, fraudulent or harmful purposes or activities;
(c)store, transmit or distribute Malicious Computer Program; or
(d)conduct any systematic or automated data collection activities.
2.3No action or reliance should be placed on the Content if you are not an intended user (see clause 1.3 & 1.4) or if you do not carry the appropriate qualification.
2.4The Content is provided for information purposes only. We will not be responsible for any result of reliance placed on the Content or any other information contained on this Platform.
Intellectual Property Rights
3.1We are not, nor do we purport to be, the original author of the Contents or the Rescue Sheets.
3.2The Platform simply seeks to collate the publicly available Content into the one accessible platform, being the ANCAP Rescue App.
3.3The Content and Rescue Sheets contained in the Platform are for information purposes only.
3.4Every reasonable effort has been made to locate the original owner of any intellectual property rights in the Rescue Sheets.
3.5Should you believe you are the true owner of any intellectual property rights in the Rescue Sheets, please contact us.
3.6You may only view and download Content on the Platform for caching purposes and print a single copy of Content for personal use.
3.7You must not:
(a)reproduce or exploit any Content on this Platform for commercial purpose;
(b)edit or otherwise modify any Content on the Platform; or
(c)redistribute any Content from this Platform unless we expressly permitted redistribution.
Third Party Websites and Materials
4.1In this clause:
(a)Third Party Material means material from a Third Party Website which are linked or framed to and from a Third Party Website.
(b)Third Party Website means a website operated by a third party.
4.2We do not verify, endorse or approve Third Party Material.
4.3We provide no warranty or representation about Third Party Material:
(a)regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available from Third Party Website; or
(b)as to whether they infringe any intellectual property rights.
4.4We are not responsible for:
(a)any offers, statements or representations that are made on behalf of a Third Party Website; or
(b)Malicious Computer Program from Third Party Websites.
5.1The Platform is provided ’as is’ and we do not provide any express or implied representation or warranty and disclaim all responsibility as to:
(a)the availability of the Platform and its associated services at the time you wish to use it;
(b)merchantability, fitness for a particular purpose and non-infringement;
(c)accuracy or validity of information and Content on the Platform; and
(d)whether Content is free from Malicious Computer Program.
5.2No Content on the Platform constitutes advice of any kind and you should consult with an appropriate professional for professional advice.
5.3As the Content is for information purposes only, the obligation to ensure the Content is true and correct for the user’s individual circumstance vest solely on the user and the user indemnifies and continues to indemnify us in that/those event(s).
5.4The Content is relevant as at the date of the Platform creation and we make no representation that the Content will be updated.
5.5We therefore do not warrant the currency and/or accuracy of the Content.
5.6We will not be responsible for any claims, damages, costs or losses following any reliance placed on the Content by any user.
Limitation of Liability
6.1In this clause, a Covered Party means:
(a)us, our affiliates, and any officer, director, employee, sub-contractor, agent or successor; and
(b)each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent or successor.
6.2To the maximum extent permitted by law, a covered party is not liable for liability arising out of or related to:
(a)Content provided to you free-of-charge;
(b)reliance placed on the Content;
(c)breaches of intellectual property in the Content;
(d)inaccuracy, errors or omissions with content;
(e)unavailability or interruption of usage of the Platform and its services;
(f)any delay or failure in performance beyond the reasonable control of a covered party; and;
(g)loss of data.
6.3To the fullest extent permitted under the law, a covered party is not responsible for any indirect, special or consequential liability to a user (including legal fees) arising out of or from Content or use of the Platform.
6.4Exclusion of liability in clause 6.2 applies even if you expressly advise a covered party of the potential loss.
6.5To the extent we cannot exclude liability and to the fullest extent permitted under the law, a covered party’s aggregate liability for negligence, breach of contract or under any legislation is limited, at our discretion, to:
(a)in case of goods, any one or more of the following:
(i)replacement of the goods or supply of equivalent goods;
(ii)repair of the goods;
(iii)payment of costs of replacing the goods or acquiring equivalent goods; or
(iv)payment of costs of repairing goods; and
(b)in case of services:
(i)supply of the services again; or;
(ii)payment of the cost of supplying the services again.
(c)in case of any other damages, $100.00.
6.6Nothing in this Agreement will exclude or limit our liability in respect of any:
(a)death or personal injury directly caused by our negligence;
(b)wilful fraud or wilful fraudulent misrepresentation on the part of us; or
(c)matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
7.1You agree to indemnify us and undertake to keep us indemnified against any Liability (including legal fees) arising out of:
(a)your reliance on the Content;
(b)your reliance on the Platform;
(c)your use of the Platform;
(d)your breach of these terms and conditions; and
(e)any Claim that you have breached these terms and conditions.
Breach of Terms and Conditions
8.1If you breach any of these terms and conditions we may take appropriate actions including but not limited to:
(a)issuing a warning notice;
(b)suspending your access to the Platform;
(c)prohibiting your access to the Platform; or
(d)bringing court proceedings against you.
9.1Platform Terms and Conditions terminate automatically if we cease to operate the Platform.
10.1This Platform is directed at individuals or entities that reside in Australia and/or New Zealand only.
10.2We make no representation that Content are appropriate or available for use in other locations and jurisdictions.
10.3This Agreement is governed by the laws of the Australian Capital Territory.
10.4The Parties submit to the exclusive jurisdiction of the courts of the Jurisdiction.
10.5No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
11.1We may make changes to the Platform at any time without notice.
12.1The following words have these meanings unless the contrary intention appears:
(a)ANCAP means ANCAP Australasia Limited ACN 120 448 044.
(b)ANCAP Rescue App means the ANCAP Rescue application containing Rescue Sheets relating to vehicles makes and models.
(c)Agreement means the Platform Terms and Conditions as amended from time to time.
(d)App(s) means the ’ANCAP Rescue’ App.
(e)Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(f)Business means the business of ANCAP.
(g)Claim means any claim, suit, action, demand, or right.
(h)Content means the Rescue Sheets and any material on the Platform as amended from time to time including but not limited to text, document, image, logo, photo, audio material, video material and audio-visual material.
(i)Liability means responsibility for any loss (either direct or indirect), damage, injury, or expense.
(j)Malicious Computer Program includes programs that contain viruses, Trojan horses, worms or any other computer programming that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
(k)Party means a party to this terms and conditions.
(l)Parties mean all parties to this terms and conditions.
(m)Platform means the Website, App(s), Facebook, Twitter, YouTube, Instagram and any other social media platform the Business engages in from time to time.
(n)Platform Terms and Conditions means the terms and conditions set out in this document.
(o)Post includes comments, images, photos, writings or any other material that you upload on our Platform.
(p)Rescue Sheet(s) means the a colour-coded illustration of a range of vehicles, highlighting the location of features including but not limited to high-voltage batteries, fuel tanks, airbag inflators and seatbelt pretensioners.