CONTAINER CHAIN PTY LTD "DRIVER" APP TERMS AND
CONDITIONS OF USE
Driver (also referred to as "the App") is a mobile application created by Container Chain
Pty Ltd ("Container Chain", "us" or "we"), who also operates the Container Chain web
service for the management of empty containers at www.containerchain.com.au ("our
website").
By using and accessing the App, you agree to these terms and conditions of use (Terms
of Use).
These terms and conditions of use are to be read in conjunction with, and supplement,
the terms and conditions or terms of service of the app store from which you purchased
the app (for example, Apple's App Store Terms and Conditions and Google's Google Play
Terms of Service) (App Store Terms and Conditions).
To the extent of any inconsistency between these terms and conditions of use and the
applicable App Store Terms and Conditions, these terms and conditions of use prevail to
the extent of that inconsistency.
Your use of the App
(a)
You must be at least 18 years old to access, register for and/or use the App. If you
are not at least 18 years old then you may not access, register and/or use the App.
(b)
We have made the App available to you for use in connection with your business
and for no other purpose. You are granted a limited, non-exclusive, nontransferrable and revocable licence to download, install and use the App on a single
mobile computing device (including, without limitation, a device operating on the
iOS or Android operating systems) ("Device") that either you or your employer
owns or controls, subject to these Terms of Use at all times. Accordingly:
(c)
(i)
we may modify, withdraw or deny access to the App at any time; and
(ii)
we may withdraw or deny access to the App at any time in relation to a user
who breaches any of these Terms of Use.
If you select your own, or are allocated, a security code, password or any other
information as part of creating your profile or complying with the security
procedures for the App, then you agree and undertake to keep all such information
confidential and not to disclose such information to any other person or permit any
other person to access or use the App using your information.
Intellectual Property Rights in the App
(a)
You acknowledge and agree that all rights and material comprised in the App are
owned by Container Chain, licensed to Container Chain by third parties or are
otherwise available for use by Container Chain.
(b)
You acknowledge and agree that you are permitted to use the App only as set out
in these Terms of Use or as otherwise expressly authorised in writing by Container
Chain or otherwise permitted by law, and that you may not otherwise copy,
reproduce, transmit, publicly perform, distribute, commercially exploit, adapt,
translate, modify, bundle, merge, share or make available to any person, or create
derivative works of any content of the App.
Data collection and use
The App will automatically collect and store data regarding your location, load and
delivery or collection schedule in real time.
Your data will only be used for the purposes of Container Chain delivering services to
persons or entities authorised to access the Container Chain website. Your data will be
accessible by those persons or entities and by police and emergency services. The data
will not otherwise be commercialized or exploited in a way which would allow you to be
identified as the person the subject of the data. Use and disclosure of that data will
otherwise be in accordance with, and subject to, Container Chain's Privacy Policy.
Data storage
The App stores all data locally on your device and on our server.
If you are logged in to iCloud, Google Drive or some other cloud storage service and
have enabled its backup option, your data will also be backed up to your cloud storage
account.
Basic usage statistics
To improve the quality and performance of the App, we may automatically collect
diagnostic and usage information for analysis.
Diagnostic and usage information may include details about hardware and operating
system specifications, performance statistics, and data about how the App is used.
We use cookies and Google Analytics to assist us in improving the App and the website
and to better understand usage patterns.
Container Chain Website
By using and accessing the App you also agree to comply with the Container Chain
website terms and conditions available here:
http://www.containerchain.com.au/Support/Terms.aspx
Empty Container Park Access
The app will provide you with access to any empty container park via an automatic gate
where you have a scheduled delivery or collection to make and the park operates such a
gate. On each occasion on which you use this facility you agree to observe the terms and
conditions of access pertaining to that park.
Internet Connection
(a)
You will need to have an internet connection which allows for your Device to connect
to our website. It is your responsibility to ensure that your device and the internet
connection remains accessible and in a condition suitable for our website to
interconnect.
(b)
You are responsible for the costs of all access, download and upload charges
associated with the use of our website or the internet connection between your
Device and our website. You agree that you will have no claim against Container
Chain in relation to any costs incurred by you in using the internet connection to
provide you with services under these Terms of Use. In the event that Container
Chain introduces a subscription service relating to the App and you subscribe to
that service, you will be solely responsible for all fees and charges associated with
that service.
Preservation of rights and limitation of liability
YOU MAY HAVE RIGHTS UNDER STATUTORY CONSUMER PROTECTION LAWS INCLUDING
THE COMPETITION AND CONSUMER ACT 2010 (CTH). THE FOLLOWING DISCLAIMER OF
WARRANTIES AND LIABILITY LIMITATIONS APPLY SUBJECT TO ANY RIGHTS YOU MAY
HAVE UNDER SUCH LAWS.
CONTAINER CHAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE
OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM
TIME TO TIME CONTAINER CHAIN MAY REMOVE THE SERVICES PROVIDED BY THE APP
FOR INDEFINITE PERIODS OF TIME, OR CANCEL THOSE SERVICES AT ANY TIME,
WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT CONTAINER
CHAIN'S LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES
PROVIDED BY THE APP AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU
THROUGH THE APP ARE (EXCEPT AS EXPRESSLY STATED BY CONTAINER CHAIN)
PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT
APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE
CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING
GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY
DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL CONTAINER CHAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
FROM YOUR USE OF ANY OF THE SERVICES PROVIDED BY THE APP OR FOR ANY OTHER
CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED
TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, EVEN IF ADVISED OF
THEIR POSSIBILITY OR ANY CLAIM ARISING OUT OF ANY PERSONAL INJURY OR DEATH
TO YOU OR ANY THIRD PARTY CAUSED DIRECTLY OR INDIRECTLY BY YOUR USE OF THE
APP WHILE DRIVING OR IN ANY OTHER SITUATION.
CONTAINER CHAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION
SUBMITTED BY YOU IN CONNECTION WITH THE APP, BUT YOU AGREE THAT YOUR
SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CONTAINER CHAIN
HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY
RELATING TO SUCH INFORMATION IN ANY WAY.
CONTAINER CHAIN DOES NOT REPRESENT OR GUARANTEE THAT THE APP WILL BE FREE
FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER
SECURITY INTRUSION, AND CONTAINER CHAIN DISCLAIMS ANY LIABILITY RELATING
THERETO.
CERTAIN LEGISLATION, INCLUDING THE COMPETITION AND CONSUMER ACT 2010
(CTH), MAY IMPOSE GUARANTEES, CONDITIONS OR OBLIGATIONS UPON CONTAINER
CHAIN WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE
EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS
MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY
PROVISIONS APPLY, TO THE EXTENT TO WHICH CONTAINER CHAIN IS ENTITLED TO DO
SO, CONTAINER CHAIN LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE
PROVISIONS TO: IN THE CASE OF GOODS, AT CONTAINER CHAIN'S OPTION: THE
REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR
OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF
ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE
GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT CONTAINER CHAIN'S OPTION:
THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING
THE SERVICES SUPPLIED AGAIN.
Waiver and Indemnity
BY USING THE APP, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY
AND HOLD CONTAINER CHAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS
ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE APP, OR,
TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY CONTAINER CHAIN AS
PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS
A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU CANNOT SUE
OR RECOVER ANY DAMAGES FROM CONTAINER CHAIN, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF
ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT,
TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES
PROVIDED BY THE APP, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION
OF A SUSPECTED VIOLATION OR AS A RESULT OF CONTAINER CHAIN'S CONCLUSION
THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND
INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR
CONTEMPLATED BY THIS AGREEMENT.
Changes
Container Chain reserves the right at any time to modify these Terms of Use and to
impose new or additional terms or conditions on your use of the App or our website.
Such modifications and additional terms and conditions will be effective immediately
upon notice to you and incorporated into these Terms of Use. Your continued use of the
App will be deemed acceptance thereof.
Obligations
Subject to the warranties provided by Container Chain in this Agreement, you are solely
responsible for the maintenance, upgrading and replacement of the Device on which the
App has been installed.
You must not, and must not attempt to:
(a)
authorise any other person to do any act which would, if that act were to be done
by you, infringe any intellectual property rights of Container Chain or of any third
party;
(b)
sell, rent, lease, assign or transfer your rights granted under these Terms of Use
whatsoever;
(c)
incorporate the App or any of its contents into any other software application, plugin, website or enhancement whatsoever;
(d)
reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover
the source code of the App unless to do so would not constitute infringement of
copyright under the Copyright Act 1968 (Cth) or equivalent legislation in the
jurisdiction in which you have downloaded and are using the App;
(e)
capture or copy any aspect of the App for any reason whatsoever (temporary
copies for facilitating a technical computing process excepted);
(f)
use the App in a manner which implies that you and Container Chain have any
connection other than that of principal and independent contractor; or
(g)
hack, infiltrate or otherwise do any thing which may compromise the App in any
manner.
You must not use the App for any unlawful purpose. An "unlawful purpose" for the
purposes of this clause includes but is not limited to the transmission, storage or
distribution of any information, data, material or code that is obscene, defamatory or
constitutes an illegal threat or that is otherwise in violation of any applicable law,
statute, rule or other regulation.
You must make all necessary facilities available for a scheduled delivery or pick up of an
empty container and use your best endeavours to comply with scheduling arrangements
advised by Container Chain utilizing the App.
You must advise Container Chain immediately via the App of any actual or expected
delays or circumstances detrimentally affecting your ability to effect a delivery or pick up
of an empty container at a scheduled location. You must use your best endeavours to
minimise the adverse consequences of any such delay or circumstance for transport
operators.
Non disparagement
You must not disparage us or do anything that would or may adversely affect Container
Chain's goodwill and reputation in and in relation to the App or otherwise bring Container
Chain or its goodwill or reputation into disrepute.
Privacy
As part of maintaining and improving the App, Container Chain uses Google Analytics to
collect, process or store information regarding the characteristics and activities of users
of the App. Container Chain may collect personal information (as that term is defined in
the Privacy Act 1988 (Cth)) of users of the App. However, that information will only be
used for the purposes set out in these Terms of Use. More information regarding Google
Analytics’ use of the information collected by Container Chain can be found at:
http://www.google.com/policies/privacy/partners/.
Contact
If you have any questions about your use of the App or these Terms of Use, if you have
any objections or complaints about any content or material appearing on the App, or if
you believe that content or material posted on the App infringes your copyright, please
contact us at [email protected].