Department of Transport and Main Roads “Co-Lab Youth Safety Challenge 2023” Event Terms and Conditions 

 

  1. These Terms and Conditions provide general information about the Co-Lab Youth Road Safety Challenge event to be held at Lightspace, 2 Scanlan St, Fortitude Valley QLD 4006, on 16 and 17 May 2023 (“Event”) and subsequent related activities including how to participate. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this Event is deemed acceptance of these Terms and Conditions.

General information about participating

  1. The promoter is the State of Queensland represented by the Department of Transport and Main Roads (ABN 39 407 690 291) of 61 Mary Street, Brisbane Qld 4000 (“Promoter”).
  2. The Event is open to residents of Queensland between the ages of 18 up to the age of 25 who have been recruited by the Promoter to participate in the Event.
  1. To be eligible to participate, individuals must attend both days of the Event (“Attendee”). Attendees will be provided with a payment of $350 from the Promoter for attending and participating in the Event, which will be awarded as a VISA Cash Card at the conclusion of the Event on 17 May 2023. As a condition of attending the Event, Attendees will be required to sign any legal documentation as and in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form and non-disclosure agreement.
  1. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st

Recruitment

  1. Recruitment for the Event will be conducted throughout Queensland and applicants will be chosen at the discretion of the Promoter.
  2. Attendees who are not based in South East Queensland (which includes the cities of Ipswich, Brisbane, Logan, Moreton Bay, and the Redlands) will be provided the following:
    • travel, in the mode of transport determined by the Promoter in its sole and absolute discretion, from a main transport hub closest to the Attendee’s place of residence (within Queensland) to Brisbane. Transfers to and from transport hubs, accommodation and Event, may be included, if determined by the Promoter to be necessary in its sole and absolute discretion. For clarity, Attendees residing in South East Queensland are not eligible for paid travel or travel compensation.
    • up to 2 nights single 3 Star accommodation at a selected hotel in Brisbane.

Spending money, meals, taxes, insurance, transport to and from departure point, additional transport, items of a personal nature, in-room charges and all other ancillary costs are not included. Travel must be taken to coincide with the Event with transport departing on 15 May 2023 and is subject to booking and availability.  Itinerary to be determined by the Promoter in its absolute discretion. Travel and accommodation are subject to the standard terms and conditions of individual prize and service providers.  Attendees may be required to present their credit card at time of accommodation check in.

How the Event will be conducted

  1. On 16 May 2023, an event facilitator will lead a presentation at the Event regarding road safety issues in Queensland, and will pose a problem-solving challenge to Attendees with a particular emphasis on road safety for young drivers (“Challenge”).
  2. At the end of the presentation, Attendees will be required to split into groups of five (5) or six (6) people (each a “Team”) to discuss the Challenge and collaboratively develop a communications-based solution to the Challenge. If Attendees are not able to independently split into groups of five (5) or six (6) people, the Promoter reserves the right to determine the Attendees that will make up the Team/s. Teams will be given approximately 5 hours that day to develop a solution to the Challenge and to put together a formal proposal (“Proposal”). The facilitator will provide the Teams with a brief regarding the Challenge and what they must address in their Proposal to help provide clarity in the way their solution is conceived and presented, and will advise on the exact format the Proposal must be presented in. In addition to the 5 hours provided at the Event for Teams to collaborate on their Proposal, they are also welcome to develop the Proposal in their free time after the Event has concluded for the day on 16 May 2023.
  3. On 17 March 2023, each Team will then be required to reconvene at the Event to present their Proposal to the facilitator and a panel of judges. The panel of judges will be made up of a selection of experts in various fields, and will be determined by the Promoter in its absolute discretion.
  4. Only one (1) Proposal is permitted per Team.

Judging Criteria

  1. Incomplete, indecipherable, inaudible, illegible or incorrectly submitted Proposals will be deemed invalid.
  2. This is a challenge of skill and chance plays no part in determining the Finalist Teams or Winning Team (each defined below).
  3. Each Team’s Proposal will be individually judged by the panel of judges based on:
    • how well the Proposal addresses the Challenge;
    • the feasibility of real-world implementation of the Proposal;
    • the innovation and uniqueness of approach of the Proposal; and
    • any other criteria the judges may decide in their absolute discretion.
  4. The judges’ decision will be final and no correspondence or discussion will be entered into. There will be no appeals and no re-submitting of Proposals.

Prize

  1. The judging panel will select three (3) Proposals that they determine to be the best (each a “Finalist Team”), based on the judging criteria outlined above, and will announce the names of the Finalist Teams at the end of the Event on 17 May 2023. The Promoter will then, over a period after the Event has ended, judge the three (3) Finalist Teams against each other based on the same judging criteria to determine the best one (1) Proposal overall (“Winning Team”).
  2. The Winning Team will be awarded the following prize:
  • $1,600 VISA Cash Card to each member of the Winning Team (“Cash Prize“); and
  • non-monetary assistance to progress the Proposal, provided as a combination of advice and assistance from the Promoter’s Advertising Agency, Publicis Worldwide, to assist the Team in further progressing its Proposal. Each member of the Winning Team will be required to attend development session(s) with Publicis Worldwide to develop their Proposal, which will be conducted on exact dates determined by the Promoter and Publicis Worldwide Partnership. The exact value and composition of the non-monetary assistance for this component of the prize will be determined by the Promoter in its absolute discretion, and it will be based on the specific requirements of the Proposal and what is involved in its implementation.
  1. In addition to the above there will be an audience participation segment where audience members of the Event will participate in a paper vote of each Team’s Proposal. The Team that obtains the highest score from the audience will be awarded a $100 VISA Cash Card for each member of that Team. For the avoidance of doubt, the outcome of this activity has no bearing on any Team’s ability to be selected as the overall Winning Team, or as one the top three Finalist Teams by the judging panel.
  2. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts, including but not limited to social networking accounts; and/or (b) to disqualify any Attendee or Team (or invalidate their Proposal) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
  3. Any ancillary costs associated with redeeming the VISA Cash Card are not included. Any unused balance of the VISA Cash Card will not be awarded as cash. Redemption of the VISA Cash Card is subject to any terms and conditions of the issuer including those specified on the VISA Cash Card.
  4. If for any reason a winner does not take a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  5. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
  6. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  7. For the sake of clarity, the remaining two (2) Finalist Teams will not be awarded a prize.
  8. The Winning Team will be notified by email and their names will be published on the StreetSmarts website at gov.au/streetsmarts sometime in June – July 2023 (exact date to be determined by the Promoter and made known to the winning Team once selected).
  9. Attendance of members of the Winning Team on both days of the Event is mandatory. The Promoter, at their own discretion, reserves the right to disqualify and therefore withhold the Cash Prize of any member that is not in attendance on both days.
  10. Each member of the Winning Team may be required to attend one (1) or two (2) media events in Brisbane, QLD during 2023 (exact date to be determined by the Promoter and made known to the Winning Team once selected), where the Winning Team and/or the final campaign may be announced.

Acting appropriately and honestly

  1. The Promoter reserves the right, at any time, to verify the validity of Proposals, Attendees and Teams (including an Attendee’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter reasonably believes has breached any of these Terms and Conditions, tampered with the participation process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Event. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  2. If there is a dispute as to the identity of an Attendee or Team, the Promoter reserves the right, in its sole discretion, to determine the identity of the Attendee or Team.
  3. Attendees agree that they are responsible for any materials they submit in the course of the Event including but not limited to comments, written work, software, artwork, recordings and images, and also including the Proposal (“Content”). The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever.
  4. Attendees warrant and agree that:
  • they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
  • their Content shall not contain viruses or cause injury or harm to any person or entity;
  • they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
  • the Content is their original work and it does not infringe the rights of any third party;
  • they consent to any act or omission done by the Promoter that might otherwise constitute an infringement of the Attendee’s moral rights (being the Attendee’s right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968 (Cth) and rights of a similar nature anywhere in the world whether existing before, on or after the Attendee agrees to these Terms and Conditions) and further that:
    • the Promoter determining in its entire discretion whether or not and the manner in which the Attendee or Team will be attributed as author of Proposal;
    • any amendments, deletion, destruction, alteration, relocation or selection, in whole or in part, of the Proposal at the entire discretion of the Promoter; and
    • the publication or communication, in whole or in part of the Proposal; and
  • they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, the Attendees agree to indemnify the Promoter for any breach of the above terms.

The Proposals and Content will belong to the Promoter

  1. As a condition of participating in the Event, each Attendee agrees to assign all of their rights, title and interest (including copyright) and any intellectual property created in and related to their Proposal (and any other Content submitted as part of the Event) to the Promoter, and to execute any documents to confirm such assignment. Proposals will not be returned to any Team.
  2. In the event that a Team or Attendee wishes to pursue theirs or any other Team’s Proposal, in any respect, including but not limited to further progression and development of the Proposal, then any such individual(s) must submit an application to the Promoter outlining their intentions and requesting approval to do so to the Promoter. Individual(s) must receive approval from the Promoter before being able to proceed with any further pursuit of a Team’s Proposal. The Promoter will not reasonably withhold approval for any such applications. By entering, Teams agree for their Proposal to be potentially used by another Team/Team member, subject to approval of the Promoter (in accordance with this clause).
  3. Attendees acknowledge that all Proposals, by all Teams are confidential and they shall not at any time or for any reason, publicise or promote any details regarding any Proposal or the outcomes of the Event without the express consent of the Promoter. 

Media and sharing Proposals publicly

  1. A film crew will be present at the Event, recording the presentation and the collaboration of the various Teams as they develop their Proposals. Footage from the Event may then be edited by the Promoter and featured in various media (at the Promoter’s discretion). By attending and participating in the Event, Attendees agree to the Promoter filming them and using any footage taken while participating in the Event in any media worldwide for an indefinite period, without any remuneration. The Promoter will have full control of the editing process.
  2. Attendees consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Event (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

Event cancellation

  1. If this Event is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law:
    • to disqualify any Attendee, without compensation;
    • to require repayment by the Attendee of any Cash Prize; or
    • to modify, suspend, terminate or cancel the Event, as appropriate.

Liability

  1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in QLD (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Event.
  2. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
    • any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    • any theft, unauthorised access or third party interference;
    • any submission or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
    • if the Event is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter;
    • any tax liability incurred by a Winning Team, Team or Attendee;
    • use of/taking of a prize; or
    • participation in the implementation of a winning Proposal.

Privacy

  1. The Promoter collects personal information (“PI“) in order to conduct the Event and may, for this purpose, use and disclose such PI to third parties, including but not limited to agents, contractors, and service providers. Participation is conditional on providing this PI.
  2. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.qld.gov.au/legal/privacy/.
  3. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Attendee.
  4. The Privacy Policy also contains information about how Attendees may opt out, access, update or correct their PI, how Attendees may complain about a breach of the Information Privacy Principles or any other applicable law and how those complaints will be dealt with.

The Promoter will not disclose Attendees’ personal information to any entity outside of Australia.

Queensland Road Safety Week 2022 online image gallery Terms & Conditions

Copyright and image usage

You hereby warrant that you (or the Organisation listed above that you act on behalf of) are the exclusive owner of all rights (including all intellectual property rights) in your Content, you (or your Organisation, as the case may be) have the right to license these rights and your Content does not infringe the rights of any third party.

You and/or your Organisation (as applicable) hereby consent to all or any acts or omissions by the Department or persons authorised by the Department which may infringe any creator’s moral rights that you or any other party may have in the Content, as described in Part IX of the Copyright Act 1968.

By giving consent to the Department to publish your Content, you (or your Organisation, as the case may be) hereby license and grant the Department, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display your Content for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

By giving consent to the Department to publish your Content, you (or your Organisation, as the case may be) hereby warrant that you have obtained all consent/s and approval/s from any third parties whose image or other material appears in the Content for the Department to use, edit, alter, reproduce, exhibit, distribute, and otherwise exploit any name, voice, likeness, or personal image that exists in connection with the Content, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

Privacy information

The Department is collecting personal information on this form to be included on the Queensland Road Safety Week 2022 online image gallery and for event promotion purposes and may, for this purpose, disclose such personal information to third parties. Submission is conditional on providing this personal information. Personal information such as contact details are collected for administrative purposes only and will not be published online or disclosed to third parties. The Department will also use and handle personal information as set out in its Privacy Policy, which can be viewed at https://www.tmr.qld.gov.au/Help/Privacy. In addition to any use that may be outlined in the Department’s Privacy Policy, the Department may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes. The Privacy Policy also contains information about how participants may opt out, access, update or correct their personal information, how participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All submissions become the property of the Promoter.

The Department is collecting personal information on this form to be included on the Queensland Road Safety Week 2020 online image gallery and for event promotion purposes and may, for this purpose, disclose such personal information to third parties. Submission is conditional on providing this personal information. The Department will also use and handle personal information as set out in its Privacy Policy, which can be viewed at https://www.tmr.qld.gov.au/Help/Privacy. In addition to any use that may be outlined in the Department’s Privacy Policy, the Department may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes. The Privacy Policy also contains information about how participants may opt out, access, update or correct their personal information, how participants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All submissions become the property of the Promoter.

If you (or your Organisation, as the case may be) give consent to the Department to publish your Content, your Content (including caption) will appear on the Department’s StreetSmarts website, and may be used in social media, online and in print to promote the initiative and Queensland Road Safety Week 2022. It may also be used to assist promotional efforts for future Queensland Road Safety Week Streetsmarts events or initiatives.

All Content and personal information will be recorded by the Department and included in the Queensland Road Safety Week evaluation report.

The SafeCars application (“the App”) is created and developed by the State of Queensland acting through the Department of Transport and Main Roads (“TMR”).

  1. Compatible devices

    • The App is designed for Android and iOS mobile devices. The App operates on Android operating system version 4.4 and up, and Apple iOS version 8.1 and up.
    • The App will not operate on earlier operating systems or other mobile devices. TMR may, at its sole discretion, discontinue or change the App or the minimum version of the operating system on which it operates, at any time and without notice.
  2. Your use of the App

    • TMR grants to you a non-exclusive, non-transferable licence to download, install and use the App on your compatible mobile device in accordance with these conditions of use and subject to your compliance with them. If you fail to comply with the conditions of use, your right to access and use the App ceases immediately.
    • If you do not accept or agree to these conditions of use you should not proceed to download, install or use the App.
    • You acknowledge and understand that TMR may from time-to-time update the App and these conditions of use (without notification to you) and you agree that you are obliged to ensure that your use of the App complies with the conditions of use that are published and in force at the relevant time.
    • You acknowledge and agree:
      • to only use the App to obtain information about motor vehicle safety and price ranges of used cars in order to assist you to decide on the purchase of a safe and affordable motor vehicle (“the intended purpose”);
      • not to attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or disassemble any of the data, software, code, material or data and information made available or accessible on the App; and
      • the App is provided free of charge and use of the App for commercial gain is strictly prohibited.
  3. Data charges and access

    • The App requires a functional internet data connection for initial installation and use.
    • Your telecommunications provider may charge you fees for downloading, installing and/or using the App. You acknowledge and agree you are entirely responsible for any such fees.
    • TMR disclaims any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.
  4. Intellectual property

    • You do not own the App or any data and information that is provided to you through the App.
    • The licence to download, install and use the App does not, and is not intended to, grant you any interest or right with respect to any intellectual property in the App, associated services or any information or data.
    • Subject to any third party rights, TMR reserves all its rights in the intellectual property in the App and the information and data on or generated or produced by the App, including without limitation, copyright, trademarks and designs.
  5. Third party data and disclaimer

    • You acknowledge and agree that the App contains data and information licensed and provided to TMR by third parties for use on the App including by Automotive Data Services Pty Ltd (“RedBook”).
    • TMR receives third party data and information in accordance with the terms of third party licences including in accordance with the frequency of updates to that third party data and information as provided by third parties to TMR.
    • TMR does not assess, verify, edit, update or otherwise deal with third party data and information other than to make it available on the App in combination with other third party data and information for the convenience of users for the intended purpose.
    • TMR will seek to make available updated third party data and information as soon as practicable after it is received by TMR from third parties.
    • You agree to comply with the terms of use prescribed by third parties in relation to their third party data and information and acknowledge that you will use the third party data and information subject to third party terms and disclaimers including:
      • the following RedBook terms and disclaimer:
        • RedBook terms of use – personal and non-commercial use only

          • RedBook data and valuations available on or through use of the App are provided for your personal and non-commercial use only. You must not, without the written approval of TMR:
          • modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Rebook data or valuations on the App;
          • use or attempt to use any RedBook data and valuations published on the App to create any App, website or publication;
          • mirror or frame any RedBook data and valuations published on the RedBook website the content of which is provided to TMR through its contractor BCM Partnership and incorporated in the App (“the RedBook data and valuations”) ;
          • use any automated process of any sort to query, access or copy any RedBook data and valuations on the App or generate or compile any document or database based on the RedBook data and valuations published on the App; or
          • transfer or sell any Redbook data and valuations provided on the App.
          • The licence granted to you by TMR does not include any right to access or use the RedBook data and valuations from the RedBook website.
        • RedBook disclaimer (Car price/valuation range data)

          RedBook has prepared the RedBook data and valuations as incorporated in the App from information gathered from a variety of sources. Whilst all care is taken by RedBook in producing the data and valuations, RedBook cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the RedBook data or valuations without making your own independent assessment of the motor vehicle and other sources of information. RedBook is not liable for any loss or damage (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, the RedBook data and valuation.

      • the following other third party terms and disclaimers:
        • While every effort has been made to ensure that information as incorporated in the App is free from material error, the information may not be accurate or up to date in all respects and no warranty is given as to the accuracy and completeness of the information as so incorporated.
        • The App may contain links to third party websites provided only for your convenience for reference purposes. The relevant third party and TMR each disclaims any liability for any loss or damage resulting from your use of the contents of any such third party website.
        • To the fullest extent permitted by law, the relevant third party and TMR and each of them accept no responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation contained in the information accessed through the use of the App.
        • Your use of the App is entirely at your own risk. You are responsible for ensuring that your access to and use of information accessed through your use of the Apps is lawful and not prohibited by laws applicable to you.
        • The third party and TMR and each of them do not warrant or represent that a safety rated vehicle with an allocated star rating will protect the driver and any passengers in all or any crashes or collisions or that it will do so to any extent that may be inferred from the number of stars allocated to it in any safety rating to which you may have access through your use of the App.
        • You are advised that it is not appropriate to compare safety ratings accessed through the App across different categories of vehicle, in particular where there exists a disparity in weight between the vehicles compared.
  6. No warranty

    • The App is provided ‘as is’ and TMR does not expressly or impliedly warrant that the App is fit for any particular purpose, including the intended purpose.
    • TMR does not warrant:
      • the accuracy, reliability, currency, adequacy or completeness of the App or the data and information it contains or provides (including third party data and information available on the App);
      • that the App (including data and information) will be error or omission free or available for use at any particular time without interruption;
      • that the App (including data and information) will meet your requirements or apply to your circumstances;
      • that any website including any third party App store is free from any viruses or malicious software or code which may be transmitted to a mobile device in connection with the download and installation of the App; and
      • anything in connection with the App which is not warranted by a third party providing third party data and information for the App.
    • Your access to and use of the App is entirely at your risk. If you have any concerns in relation to the data and information provided on the App or in relation to any particular motor vehicle, you should make further enquiries and seek independent advice specific to your circumstances.
    • The information available by use of the App is for general information purposes only and should not be relied upon as advice or any recommendation including in relation to the safety, condition, quality and soundness of any particular motor vehicle.
    • It is your responsibly to undertake all inspections and enquiries necessary in relation to any particular motor vehicle you may intend to purchase to satisfy yourself of the safety, condition, quality and soundness of that particular motor vehicle.
  7. Limitation of liability and indemnity

    • To the maximum extent permitted by law, TMR disclaims and excludes all liability for any claim, liability, loss (including loss of profit, revenue, goodwill or business opportunities, damage to reputation and any indirect or consequential loss), damage or expense of any kind, however caused (including by negligence), arising out of or in connection with the App including its download, installation and use.
    • Nothing in these conditions of use should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), or the right of you to make a claim in respect of any guarantees, or under any other provision, stated in the ACL. To the fullest extent permitted by law, TMR’s liability for breach of any rights you might have which are not able to be excluded under the ACL will be limited to the supplying of the service again.
    • You hereby release discharge, indemnify and hold harmless TMR and each of its officers and employees from and against any claim (including by you) which may be brought against or made upon or incurred by any of them in connection with:
      • your use of the App (whether or not that use is for the intended purpose);
      • your breach of these conditions of use;
      • a breach of any law associated with the use of the App (including data and information); or
      • your infringement of the intellectual property rights or moral rights of any third party.
  8. Updates & availability

    • From time-to-time, TMR may issue updates to the App and the continued functionality of the App may depend on you downloading the relevant update.
  9. Support & communications

    • If you have any questions or comments concerning the App, please contact us and TMR will endeavour to respond to you as soon as possible.
  10. Severability

    • If any part of these conditions of use are determined to be invalid, unlawful or unenforceable for any reason then that part, to the extent of the invalidity, unlawfulness or unenforceability, they will be severed from the rest of the conditions of use and the remaining terms and conditions will continue to be valid and enforceable to the fullest extent permitted by law.
  11. Governing law

    • These conditions of use are governed by and construed in accordance with the laws of Queensland and the in the event a dispute arises from these conditions of use you submit to the non-exclusive jurisdiction of the courts of Queensland.
  12. Privacy

    • TMR abides by the Information Privacy Act 2009 when managing personal information. Although TMR does not collect any identifiable information from you, TMR may, from time-to-time, record information about your use of the App and to help improve the App and TMR services more generally. This information may include:
      • the random, auto-generated user account number created when the App is first launched and associated with your device;
      • when and how the App is used;
      • the App pages accessed and the types of functions used; and
      • your device type.
    • TMR (and its contractors) may use the information recorded about your use of the App to improve the App and TMR services more generally.
    • Unless otherwise stated in these conditions of use, the App will not collect your personal information and no attempt will be made to identify you or your activities, unless TMR is required by law to do so.