General Terms of Use

Last updated: 18 June 2018

The Royal Automobile Club of Victoria (RACV) Ltd ABN 44 004 060 866 (us, we, our or RACV) provides users (User, you or your) with a mobile application platform enabling Users to plan your journey and optimize your mobility experience (the Service). A reference to the Service includes any or all of the functionality, information and material (including all content and other outputs) made available by us (or on our behalf) in, or as part of the application. A reference to “Access” (and “Accessing”) is, when used in relation to the Service or any other thing, a reference to downloading, installing, paying for, communicating or interacting with, or accessing and/or using that thing in any way (including by contributing content to or in connection with that thing), however the mere act of reading these Terms of Use is not considered Accessing the Service;

By registering for, connecting to, accessing or using the Service, you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Charter available at racv.com.au/privacy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service. You also acknowledge that these Terms constitute a binding and enforceable legal contract between RACV and you.

Additional terms and conditions of use may apply to other RACV products and services promoted through the Service. If additional terms and conditions apply, we will bring them to your attention and you will be bound by them. Should any term within these Terms conflict with the additional terms and conditions of a particular RACV product or service, the latter’s terms will prevail to the extent of the conflict.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT, CONNECT, ACCESS, DOWNLOAD, OR USE THE SERVICE IN ANY MANNER.

If you have any questions or comments concerning the Terms or the Service, please send us an email to Mobility-As-A-Service@racv.com.au

The Service

The Service provides users with public transit related information, including live, offline and online map information, line and station views, routing, live arrivals and departures, estimated times of arrival and service alerts, it also includes relevant information from transit agencies including location of transit stops, name of transit agency, timetable and frequency of transit routes, delivers transit-related alerts and User advisories (collectively, the “Public Transit Information”).

RACV also integrates, provides and collaborates with third party providers to provide, additional transit and transit-related services, including on-demand transit services such as taxi-ride platforms and service providers, public bike-sharing services, car-on-demand rental services and links to related payment services. As part of the Public Transit Information, RACV also delivers to Users information about such third-party transit-related services. RACV continuously updates its Service with new offerings of new transportation means and transit related services and features, some of which may be experimental and/or offered in limited locations.

Privacy

As a condition of use of the Service you agree that RACV (and its platform service provider on RACV’s behalf) will collect and use your Personal Information, together with other relevant information collected from the Service for the primary purpose of providing the Service.

In order to use the Service, you agree to provide Personal Information about yourself and you acknowledge and agree that RACV may:

  • collect, monitor and store your location to provide services in connection with the provision of the Service;
  • disclose information (including Personal Information) to you and to third parties through whom RACV provides services in connection with your use of the Service (including to improve and enhance the Service);
  • disclose Personal Information to suppliers who need access to the Personal Information to provide RACV with services, to allow supply of the Service to you;
  • use Personal Information collected through the Service to promote products and services to you from;
  • retain and use information collected through the Service as described in this Agreement or as otherwise permitted by law.

You agree that RACV’s third party platform provider may collect, store, disclose (including to others located in the USA, Europe and other countries outside of Australia) and use Personal Information, provided that it  may only do this:

  • for the purpose of us being able to provide, maintain, understand, manage and improve the platform and the services of others with whom they interact in connection with the provision of, or your accessing of, the Service;
  • for any other purpose to which you consent; and
  • as otherwise required to do so by relevant laws in the countries in which the Service is provided or Accessed.

RACV may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information) for research purposes and to help RACV enhance and improve the Service and to develop current and future services and functionality, and for other purposes of RACV's business. RACV may share non-personal aggregate, or summary, information with partners or other third parties (this is a customary online practice). For example, we might provide a count of users from a particular area or utilise location data in an anonymous manner to develop and improve mobility information products. RACV will always ensure that any

Personal Information has been removed before aggregate information is provided to third parties or partners.

RACV’s use of any Personal Information will at all times be governed by the Privacy Act 1988, together with any other relevant and applicable privacy legislation and RACV’s Privacy Charter.

You consent to receive marketing communications from RACV, including by e-mail, in-app push notifications, mail, phone or SMS. If you don’t want to receive this information, you can opt-out at any time. If you have previously opted out of these marketing communications, we will continue to respect your preferences. For further information on communications we might send you and opting-out, see RACV’s Privacy Charter.

Please note, the Service makes use of detailed location and route information, including the GPS signals and other information sent by your mobile device on which the Service is activated. Certain features of the Service cannot be provided without this technology.

Store Applications

(definitions) For the purposes of this clause:

Device means any and all of an Android Device, an Apple Device, a Blackberry Device, and a Windows Device;

Android Device is a device that operates an operating system known as an “Android” operating system or which is commonly associated with Google Inc or the products or services promoted on or through or associated with www.google.com or the Google Play Store (including at play.google.com) or www.android.com;

Apple Device is a device made available by or through, or commonly associated with, Apple Inc or the products or services promoted on or through or associated with www.apple.com or “iTunes” or the Apple “App Store” (including at www.itunes.apple.com);

All rights that we have (and all exclusions and limitations that we make or from which we benefit) under these Terms of Use are in addition to (and in no way limit) rights and protections that we have (and exclusions and limitations, including with respect to our liability to you, from which we benefit) under all other terms which you have accepted (including when you downloaded or used the relevant application or service) which serve to provide rights to (or to limit liability of) developers of applications and services for use on or in connection with the relevant Device (including under the “Licensed Application End User Licence Agreement” that relates to Apple Devices).

If you use any of our Service on, or in, or through, or in connection with, an application or “app” or service on an Apple Device, then the terms, representations, rights and obligations as outlined, imposed and granted in Apple Inc’s “Instructions for Minimum Terms of Developer’s End-User License Agreement” (including as found at www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) are hereby incorporated into these Terms of Use, and the parties to these Terms of Use agree that those representations, rights and obligations apply as if the instructions outlined by Apple had been properly implemented and reflected in these Terms of Use.

You acknowledge that this Agreement is between you and RACV and is not with Apple or Google. As such, Apple or Google have no obligation whatsoever to:

  • furnish any maintenance or support services with respect to the App;
  • address any claim related to the Service and your possession and use of the Service, including but not limited to:
    • product liability;
    • any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
    • claims arising under consumer protection or similar legislation;
    • any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights.

You acknowledge that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement and that upon your acceptance of this agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

You acknowledge and agree that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” company and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Suspension and Termination

Duration: The Terms of Use are effective until terminated by us, and we may terminate the Terms of Use and/or your ability to Access the Service at any time without notice.

At any time, RACV may temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to RACV under any applicable law. Such actions by RACV may be taken if RACV deems that you have breached any of these Terms in any manner.

You agree that we may, at any time in our sole discretion, without any notice to you change any or all aspects of the Service (including their appearance, content and functionality), including by issuing and installing updates on devices on which you have installed the Service.

Restrictions

You must not, without our prior written consent, do or attempt to do (or directly or indirectly ask, direct, invite or permit any other person to do or attempt to do), any of the following things:

  • commercial use: charge any person any direct or indirect fee in any form for, or in connection with, any accessing of the Service;
  • modification: modify any component of the Service in any way (including by changing content or functionality or appearance, or by removing notices such as copyright notices);
  • reproduction: reproduce, republish or otherwise make available through any means (including by, on or through other privately or publicly accessible media such as on drives, databases, the internet, in newspapers, journals, television or radio) the Service or any content associated with the Service (including content on which the Service are based or that makes provision of the Service possible);
  • translate, manipulate, improve or adapt: translate, decompile, reverse-engineer, extract the source-code of, make any improvements to, or make any derivative works based on, the Service or any content associated with the Service (including content on which the Service are based or that makes provision of the Service possible);
  • combine or ‘mashup’ or contaminate our results: make use of or process the information or results produced by or through the Service in such a way as to combine or ‘mashup’ such information or results with other information sources so as to create or display a new single set of results visible to an end user who makes use of such information, where the single set of results is presented in a way that does not allow that end user to identify with ease and perfect accuracy which of the results visible to them were produced by the Service;
  • misleading others: do anything (including by making any representation or utilising any design or code, such as website framing) that could actually or potentially mislead or deceive a person into believing that any component of the Service is being provided by any person other than us or a person appropriately authorised by us; and
  • prohibited uses: Access the Service or any content associated with the Service (including content on which the Service are based or that makes provision of the Service possible) by any means or for any purpose:
    • unauthorised purposes: other than for the purposes for which the Service are intended to be used;
    • unauthorised access: that involves interfering with or hindering the Service, or Accessing or trying to Access: (i) the Service in ways other than using the interfaces, tools, environments and instructions we provide; or (ii) any component of the Service that you are not authorised to Access (including components relating to the functionality and operation of the Service, or that house information of any kind);
    • advertising: that promotes any other product or service, other than as explicitly invited or permitted as part of any inherent advertising functionality built in to the Service specifically for the purposes of promoting or adverting third party goods or Service;
    • automated information mining: that involves the automated bulk collection of data or information from or through the Service (where ‘bulk collection’ means collection that would exceed that which a reasonable personal user would be expected to collect for personal, non-commercial use);
    • damaging use: that is contrary to our interests (including to encourage users of the Service to use other Service that are similar to, in competition with or substitutes for, the Service);
    • illegal use: that would be unlawful under any relevant law;
    • infringing use: that infringes our rights or the rights of any other person; or
    • unsafe use: in any way (including on mobile devices) that distracts you unsafely, such as when you are operating vehicles or heavy machinery or when you are required to concentrate on your surroundings (including when you need to obey traffic, workplace or safety laws).

If we terminate the Terms of Use or if we terminate your ability to access the Service, then, from the moment of such termination:

  • you must immediately uninstall the Service from all locations and devices on which you have them installed;
  • you are no longer authorised to access the Service (and you must stop doing so immediately, other than solely to uninstall the Service as required above); and
  • all restrictions imposed on you, all licenses and permissions granted by you, all warranties and indemnities given by you, and all our disclaimers and limitations of liability, (in all cases as set out in the Terms of Use), will survive termination.

Intellectual Property

Our rights: We own, or have licences under or authorisations from third parties with respect to, all intellectual property rights in and in relation to the Service (including in relation to all content in, used by, generated, produced and provided by the Service). Such intellectual property rights are protected by Australian and international laws (including laws relating to copyright and trade marks).

Your rights: You are not assigned, given or granted any rights (including with respect to intellectual property), in or in relation to the Service (including in or in relation to any content or functionality in or in connection with the Service) other than those rights explicitly granted to you in writing in the Terms of Use.

You must not copy, reproduce, alter, modify or display in public any of the material on the Service, or otherwise incorporate it into, or store in any other websites, electronic retrieval system, publication or other work in any form.

The RACV logo is a registered trademark of RACV. Other trademarks may be displayed on the Service from time to time. These may belong to RACV or to third parties. Nothing displayed on the Service should be construed as granting any licence or right of use of any logo or trademark displayed on the Service, without the express written permission of the relevant owner.

You acknowledge and agree that you do not obtain a right of ownership of any Intellectual Property Rights (including copyright) in the Service and you may only use the Service for your own personal use.

You acknowledge that the Service will utilise your Device for the purposes of transmitting and receiving information, and that;

  1. this transfer of information is facilitated by your telecommunications carriage provider using your mobile phone carriage and data plan; and,
  2. RACV is not responsible for the provision of an appropriate mobile phone carriage and data plan; and,
  3. RACV is not liable for any costs or charges incurred by you as a result of your use of the Service.   

If you Contribute content

If you contribute (or if you would like to contribute) content to, or in connection with, the Service in any way (including by submitting, posting or entering data or information, or making tools, code or functionality available), you agree to the following (unless you have our prior written consent otherwise):

  • permitted purposes only: you must only contribute content for the purposes of using the Service for the purpose for which they are intended to be used, and as otherwise permitted by us in writing; 
  • you must comply with terms: you must comply at all times with the Terms of Use, including by not contributing content in any way or for any purpose that would or could be a breach of the Terms of Use (including the restrictions in clause 6);
  • you are responsible: you are legally responsible and liable for all content you contribute, and for the consequences of and events caused by your contributions;
  • your warranties: you warrant that:
    • required rights: you have all the required ownership rights, permissions and licences (including with respect to confidential information and intellectual property rights, including trade marks, copyright and related moral rights) to contribute the content you contribute; and
    • nature of content: all content you contribute: (i) is true and accurate; (ii) does not infringe the rights (including with respect to confidential information and intellectual property) of any other person; (iii) is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, vilifying, obscene, pornographic or indecent; (iv) is not Contributed in contravention of any applicable law or in contempt of any court or parliament; (v) does not contain any computer virus or malware or other harmful or potentially harmful components; and (vi) is not capable of being used for any purpose other than for the purposes for which the Service are intended to be used
    • our control: we may, for any reason at any time and in our sole discretion, without any notice to you, edit, block or delete any content you contribute;
    • our rights: you grant to us a perpetual, sub-licensable, royalty-free, non-exclusive, world-wide licence to use, in our discretion (including by copying, re-distributing, adapting, transmitting, publishing, broadcasting, publicly performing and displaying in any media), any content you contribute (and you warrant that you have the necessary or rights and powers to grant such a sub-licensable licence to us), provided that we may only do so for the purpose of being able to provide, maintain, understand, manage and improve the Service;
    • moral rights: you consent (and warrant that you have all rights necessary to grant such consent) to us doing the following things in relation to the content you contribute: (i) not attributing you or any person as the author of such content; (ii) attributing any other person as the author of such content; and (iii) modifying, altering or using such content in any way in our discretion (even if this is done in a way that would constitute derogatory treatment of such content or would affect the reputation of the author of such content) provided that we may only do so for the purpose of being able to provide, maintain, understand, manage and improve the Service and the services of others with whom we interact in connection with our provision of, or your Accessing of, the Service.

Third party services and input

  • Without limiting in any way any other clause in these Terms of Use, you understand and accept that certain elements of the Service may use, reflect or convey content, services and other functionality (including booking-making and payment-processing services) provided by third parties, and this limits our ability to control the quality of the Service.
  • To the full extent permitted by law, we do not endorse, nor are we responsible or liable in any way for (or in connection with the Accessing of) any content, services and other functionality provided by third parties which we or you Access in connection with your Accessing the Service or our providing the Service.

Referrals (including links and advertisements) and content at external locations

  • A reference in this section to:
    • a “Referral” is a reference to a link, advertisement, referral and all other content or functionality that makes you aware of, or directs you to, anything (including any content or service or offering) provided by a person other than us; and
    • External content” is a reference to content on an External Location, where such content is not part of the Service (for example, if a widget forming part of the services is deployed on an External Location, then all the content other than the widget is considered “External content” for the purposes of this clause 9).
  • To the full extent permitted by law: (i) we do not endorse, nor are we responsible or liable in any way for anything (including any content, products or services) available, Accessed or purchased as a result of any Referral or through any External content; and (ii) if you Access or purchase content, products or services as a result of any Referrals, or through or based on any External content, you do so entirely at your own risk.

Availability 

RACV makes no representation in relation to and does not warrant that functions available on the Service will be uninterrupted or error free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or bugs.

You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Calculators other features of the Service

The Service may contain or offer tools, calculators, software programs or other features to assist you to plan and optimise your mobility.

While RACV has taken all due care to ensure that these features or the information they contain and produce are accurate and free from errors and defects, we do not warrant their accuracy, adequacy, correctness or completeness. Any use of these features is at your own risk.

Any figures used by these features in calculations are estimates only and may not take account of your particular circumstances.

Changes to the Service

RACV reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that RACV shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.

Additionally, RACV may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that RACV does not assume any responsibility with respect to, or in connection with, the termination of the Service’s operation and loss of any data.

Amendment of Terms

RACV may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy at racv.com.au/privacy. Substantial changes of these Terms will be notified to you via the Service All changes to these Terms are effective as of twenty-one (21) days as of the date stated as “Last Updated”, and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

Disclaimers

(No representations): To the full extent permitted by law, we make no representations or warranties (including in relation to availability, currency, accuracy, suitability, security, virus-free nature, malware-free nature, safety, effectiveness, performance, reliability, support, improvements, updates, merchantability, or fitness for any particular purpose) with respect to the Service (including with respect to their content or functionality, and including those components of the Service that use, reflect or convey content and other functionality provided by third parties).

(General information only): The Service (including all content and functionality used, deployed or made available through the Service) are provided as general information only and should not be relied upon:

  • in place of professional or expert advice; or
  • in circumstances of emergency or urgency or any other situation where a failure or deficiency with respect to the Service (including in relation to their availability, currency, accuracy, suitability, security, virus-free nature, malware-free nature, safety, effectiveness, performance, reliability, support, improvements, updates, merchantability, or fitness for any particular purpose) could result in harm or damage of any kind to any thing or any person (including to you).

(Use around the world): we make no representation that the Service, or your Accessing them, comply with the laws of any country outside Australia. If you Access the Service in or from a country outside Australia, you are solely responsible for ensuring that doing so is in compliance at all times with all laws in the place where you are located.

Liability and Indemnity

(Exclusions): RACV does not exclude any rights and remedies available to you in terms of the Australian Competition and Consumer Law (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the Service which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law and to the full extent permitted by law, neither we nor our employees, officers, agents or contractors, nor their employees, officers, partners, agents or contractors, shall be responsible or liable for any loss or damage (including, without limitation, any direct, indirect or consequential loss or damage, loss of profits, loss of data or loss of opportunity) howsoever caused (whether under statute, in contract, tort (including negligence) or otherwise), in connection with, or arising as a result of, you or any other person Accessing the Service.

(No claims): To the full extent permitted by law, you agree that you will not make any claim or commence proceedings of any nature against us in connection with our provision of, or your Accessing of, the Service (including in relation to their availability, currency, accuracy, suitability, security, virus-free nature, malware-free nature, safety, effectiveness, performance, reliability, merchantability, or fitness for any particular purpose, and including in relation to any third-party services to which you are directed or exposed in connection with or as a result of your Accessing of the Service or our providing the Service).

(Capped): To the full extent permitted by law, in so far as our liability (and/or that of our employees, officers, agents or contractors and their employees, officers, partners, agents and contractors) may not be excluded, such liability is limited, at our discretion, to the resupply again of any good or service giving rise to the relevant liability, or payment of the cost of having the good or service giving rise to the relevant liability performed again, or the replacement or repair of goods or services giving rise to the relevant liability or the payment of the cost of having such goods or services replaced or repaired, or the refund by us to you of some or all of any periodic fees paid by you in connection with the provision of a good or service in relation to which the relevant liability arose (eg a refund of some or all of a monthly fee with respect to the month in which the good or service giving rise to liability was provided), or the payment of a maximum aggregated total amount (aggregated across all claims made by all separate claimants in connection with the Service) of AUD500.00.

Indemnity

You agree to indemnify us and our employees, officers, partners, agents and contractors and our related bodies corporate and their employees, officers, partners, agents and contractors (“the Indemnified”) from and against all costs (on a full indemnity basis including, without limitation, reasonable legal and accounting costs) damage, loss and liabilities that any or all of the Indemnified may incur or suffer in connection with any claims, demands, actions or proceedings brought or made against any or all of the Indemnified by any person in connection with, resulting from, or alleged to result from:

  • your Accessing of the Service;
  • a breach of any representation or warranty made by you under the Terms of Use;
  • your violation of any of the Terms of Use; or
  • any act or omission of yours or of any of Your officers, employees, agents or contractors in connection with the Service (including in relation to the availability, operation, maintenance or Accessing of the Service).

We hold the benefit of the indemnity in this clause on trust for each of “the indemnified” (as defined in clause (a)) and can, if requested by any of them, enforce it on their behalf.

Third-Party Terms

RACV collaborates with and provides information on third party service providers via the Service. Your use of the additional transit and transit-related services, including on-demand transit services is subject to the terms of use of the third parties how provide such services.

You acknowledge that such third-party providers are independent from the Service and RACV is in no way responsible for, liable for, nor makes any representations on behalf of, such third-party providers. You further

acknowledge and agree that RACV shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services, content, products or other materials available on or through the Service.

RACV uses Pay24 to enable the Service to top up Myki accounts. If you use this service, you agree to Pay24’s terms and conditions which can be found here: http://pay24.com.au/security/terms_and_conditions

RACV uses SkedGo Pty Limited (ABN 38 140 031 456) to provide the platform on which the Service runs.