Terms of Service - Australia

Information about us

Please carefully read the terms and conditions (the “Terms of Service” or “Agreement”) below, including the associated Privacy Policy (see clause 5), as they apply to your access and use of the Services, including: 

   A. our website;
   B. our technology platform (the “Platform”) that enables the access to RideScore, currently accessible via our mobile applications (“App”)

(each a “Service” and collectively the “Services”). 

The Services identified in this document are delivered by the Sunshine Coast Council ("SCC") and We Ride Australia ("We Ride"), collectively referred to as 'us' or 'we'.

Services

1. The Rules detail safety and other restrictions to safeguard yourself and others, and to respect local laws and regulations. 

2. Depending on where in the world you may be using our Products, different sets of Rules may apply to you.

Privacy

1. These Terms of Service refer to the additional terms in our Privacy Policy (the “Privacy Policy”) which forms part of these Terms of Service, which also apply to your use of our Services, and by using our Services you (i) consent to such processing, (ii) warrant that all data provided by you is accurate, and (iii) acknowledge and agree that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Australia for storage, processing, and use by us. All terms, provisions and agreements set forth in the Privacy Policy are hereby incorporated herein by reference with the same force and effect as though fully set forth herein.

2. As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications may be sent within the App or via email messages. These communications are considered part of the Services which you may not be able to opt-out from receiving, so far as the communications are required for the use of the Services.

Changes of terms

1. We may amend the Terms of Service—and associated rules, policies and supplemental terms—from time to time at our sole discretion without notice or liability to you. It is your responsibility to check this page periodically and prior to each use of the Services for changes.

2. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments.  

Changes to the services

1. The form and nature of the Services may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time and without prior notice to you.

2. We make no representations, warranties, or guarantees, whether express or implied, that our Services or any Content on the Platform is accurate, complete, or up to date; or on the availability of our Services at any time. 

Accessing the services

1. We do not guarantee that our Services will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

2. You are responsible for making all arrangements necessary for you to have access to our Services.

3. Unless otherwise agreed by SCC or We Ride in writing, the Services are made available solely for your personal, non-commercial use

Your account and password

1. To use certain Services, you will be required to download the RideScore App and create an account (an “Account”). You are responsible for safeguarding access to your account.  SCC or We Ride cannot and will not be liable for any loss or damage arising from your failure to abide by the above and your failure to safeguard your Account, and other sensitive information.

2. We have the right to disable any accounts, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

3. If you know or suspect that anyone other than you has access to your account, you must promptly notify us via our customer service channels.

4. It is your responsibility to provide accurate, complete, and up to date information for your Account.

5. You must not create multiple accounts unless otherwise agreed by SCC and We Ride in writing. Creating multiple accounts is a misuse of the Services.

6. If wrongful or fraudulent use of an Account is suspected or discovered by SCC or We Ride, we reserve the right at our sole discretion, and without liability, and without prejudice to our other rights and remedies under these Terms of Service or at law, to immediately:

   A. prohibit the Account owner or other person from accessing and/or using the Services or participating in any promotion by SCC or We Ride; and/or
   B. merge, suspend, and/or terminate Account(s). 

Your licence to use the platform

1. SCC and We Ride grants you a revocable personal, royalty-free, non-assignable, and non-exclusive licence to use the Platform and associated Apps. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by SCC and We Ride.

2. You agree that the Services (including, but not limited to, the Products) at all times remain the exclusive property of SCC and We Ride.

3. You must not use the Services for any commercial purpose.

Insurance

1. Your safety and peace of mind is important to us, however any insurance held by SCC and We Ride does not cover you for any injury, harm, damage or loss you may suffer in the event of an accident (or otherwise related to your use of the Services) and you should give consideration to obtaining your own insurance.

Our intellectual property rights

1. All intellectual property rights subsisting in respect of the Services belong to SCC and We Ride or have been lawfully licenced to SCC and We Ride for use in connection with the Services. All rights under applicable laws are hereby reserved. You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the Platform, the content on the Platform, or any access to any Service, or create derivative works with respect thereto, except with the prior written consent of SCC and We Ride or unless expressly permitted in these Terms of Service. Our Platform, the Content, and the Services are copyrighted under applicable laws.

2. You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.

Limited liability and warranty; assumption of risk and waiver

1. Please read this section carefully since it limits the liability of SCC and We Ride and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information provided on our Services is for your general reference only. We do not accept any responsibility whatsoever in respect of such information. 

2. YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE.” THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE SCC AND WE RIDE ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

3. YOU ACKNOWLEDGE THAT WHILE OPERATING THE PRODUCTS, ACCIDENTS, PERSONAL INJURY, DEATH AND OTHER HARM CAN HAPPEN, INCLUDING AS A RESULT OF FALLING, COLLISIONS, ENCOUNTERING HIDDEN OBSTACLES AND VARYING TERRAIN AND AGGRAVATION OF EXISTING HEALTH CONDITIONS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN WARNED ABOUT THESE POSSIBILITIES, AND THAT YOU ASSUME ALL RISK IN RELATION TO THE OPERATION OF THE PRODUCTS AND YOUR USE OF IT. THIS PROVISION WILL CONSTITUTE A “RISK WARNING” FOR THE PURPOSES OF ANY APPLICABLE LAW AND MAY OPERATE TO EXCLUDE OR LIMIT ANY RIGHTS YOU MIGHT OTHERWISE HAVE AGAINST THE WE RIDE ENTITIES IN RELATION TO THE SUPPLY OF THE SERVICES.

4. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE US FROM ALL CLAIMS (INCLUDING CLAIMS UNDER STATUTE THAT CAN BE WAIVED BY YOU AND NEGLIGENCE CLAIMS) ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE PRODUCTS AND SERVICES.

5. WHERE YOU, THE USER, ARE DEALING AS A CONSUMER (AS DEFINED IN ANY RELEVANT CONSUMER PROTECTION LAWS IN YOUR JURISDICTION, OR WHERE CERTAIN TERMS MAY OTHERWISE BE IMPLIED INTO THIS AGREEMENT BY CONSUMER PROTECTION LAWS FOR YOUR BENEFIT IN RESPECT OF THE SUPPLY OF THE SERVICES AND YOUR USE OF THE PRODUCTS, ALL OTHER WARRANTIES, CONDITIONS, STATUTORY GUARANTEES OR TERMS, INSOFAR AS THEY MAY BE RELIED ON BY YOU IN CASES OF PERSONAL INJURY, DEATH, OR OTHER PHYSICAL OR MENTAL HARM, OR THAT RELATE TO FITNESS FOR PURPOSE, QUALITY, OR CONDITION OF THE GOODS, WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT WHERE SIGNIFICANT PERSONAL INJURY ARISES AS A RESULT OF OUR RECKLESS CONDUCT.

6. THE ENTIRE LIABILITY OF THE SCC AND WE RIDE ENTITIES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCTS AND/OR SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY MATERIAL, PRODUCTS, OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

7. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SCC AND WE RIDE ENTITIES EXCEED THE NET AMOUNT PAID BY YOU TO US UNDER THESE TERMS OF SERVICE OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD 100), WHICHEVER IS THE LOWER.

8. The SCC and We Ride will not guarantee or assume any responsibility that:

   A. messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay, or loss;
   B. access to the Services will be available or be uninterrupted;
   C. use of the Products and/or Services will achieve any particular result;
   D. any information presented in our Services is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference;
   E. any information presented in our Services is free of defect, error, omission, virus, or anything which may change, erase, add to, or damage your software, data or equipment; or
   F. defects in the Services will be corrected.

9. Without limiting the generality of the foregoing, in no event will the SCC and We Ride entities be liable to you or any other person for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, loss of data, personal injury or property damage, arising out of any use, or inability to use, the Products and/or Services or any information presented on the Services, even if any of the SCC and We Ride entities has been advised of the possibility of such loss or damages. The SCC and We Ride Entities will not be liable for delay or failure in performance resulting from causes beyond our reasonable control.

10. You will exercise and rely solely on your own skill and judgment in use of the Products and/or Services and in your use and interpretation of any information presented on the Services. You are responsible to ensure that your use of the Products, Services and any information presented on the Services complies with all applicable legal requirements.

11. Without prejudice to the foregoing, if your use of the Products and/or Services does not proceed to your reasonable satisfaction and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at via our customer service channels. No such lack of response will be deemed to constitute any acquiescence or waiver.

12. To the fullest extent permitted by law, you hereby indemnify and hold harmless the SCC and We Ride entities from any tickets, citations, fines, penalties, and administrative fees, incurred while using the Products or when riding a vehicle or otherwise, and against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal and other professional costs and expenses) of any kind or nature arising suffered or incurred by the SCC and We Ride entities (1) arising from your negligence or wilful misconduct, (2) arising from your breach of these Terms, or (3) in connection with any claim made against the SCC and We Ride entities for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Products and/or Services. This clause will survive termination of the Terms of Service.

13. The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.

Use of the services

1. We reserve the right at all times (but will not have an obligation) to refuse to provide the Services, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of SCC and We Ride, its users, and the public.

2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access the Platform. You should use your own virus protection software.

3. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SCC and We Ride’s computer systems, or the technical delivery systems of SCC and We Ride's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those Terms of Service), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; or (vi) publish or post any material that is offensive to a reasonable person or in breach of any applicable laws.

4. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. 

Linking to us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

Third-party links and resources

1. The links from the Services may take you to other sites or services and you acknowledge and agree that SCC and We Ride has no responsibility for the accuracy or availability of any Information provided by third parties’ services and websites.

2. The Services may include advertisements, which may be targeted to information on the Services, queries made through the Services, or other information. The types and extent of advertising by SCC or We Ride on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that SCC and We Ride and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services.

3. Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising, or other materials made available by such third parties and your access to such websites and services will be subject to their terms and conditions. We Ride has no responsibility for the accuracy of any information made available through such websites or services.

Indemnity

You agree to indemnify, and hold us harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the Services. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations will be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

Severance

The illegality, invalidity, or unenforceability of any provision of these Terms of Service under the law of any jurisdiction will not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision.

Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

Force majeure

1. No party will be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party will be entitled to a reasonable extension of the time for performing such obligations.

2. The affected party will use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations.

3. A force majeure event will include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, change of laws or regulations, or interference from civil or military authorities.

Assignment

SCC and We Ride may assign these Terms of Service, in whole or in part, to any party without giving you prior notice and without your consent. You may not assign any right under these Terms of Service except with, and in strict compliance with any conditions of, the prior written consent of SCC and We Ride.

Governing law and jurisdiction

These Terms of Service, their subject matter and their formation are governed by the laws of Australia. We both agree to the non-exclusive jurisdiction of the courts of Queensland.

Dispute resolution

1. Each of the parties will use their reasonable endeavours to co-operatively resolve any dispute arising in connection with the subject matter of these Terms of Service (“Dispute”).

2. The Dispute must be referred by notice in writing by either party to the other party for resolution. Such notice must give full particulars of the Dispute.

3. Following notice of a Dispute being given, a representative of SCC and We Ride will be made available to meet with you to attempt to resolve the Dispute.

4. If a Dispute is not resolved within 60 Business Days, the Parties may exercise their legal rights, including by commencing proceedings.

5. Nothing in this clause prevents or restricts a party from instituting proceedings to seek injunctive or declaratory relief (including in circumstances where the requirements in this clause have not been complied with).

6. The parties acknowledge and agree that, subject to an order made by a Court, each party must bear its own costs in relation to any disputes.

Languages

In case of discrepancies between the English version and any other language versions of these Terms of Service and contents of our website, the English version will prevail.

Contact

If you encounter any problem using our Services, or have questions about these Terms of Service, please contact us at:
Company: Sunshine Coast Regional Council and We Ride Australia
Email: ridescore@sunshinecoast.qld.gov.au
Website: www.ridescore.org.au

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