ACCEPTANCE OF TERMS
Our Terms and Conditions are intended to make you aware of your legal rights and responsibilities with respect to your access to our Services.
By accessing or using our Services, you agree to be bound by our Terms and Conditions. If you do not agree to all the terms or meet all Eligibility Requirements, you must discontinue use of our Services immediately
We are a service which connects Transport Contractors with Consumers who requires the services of professional Transporter Contractors.
We do not operate as a transport provider and as such, we are a booking service/platform only.
Independent Transport Contractors are not employees of our company.
(g) Credit Eligibility Information provided to us by CRBs, so it may also include information about your credit related dealings with other credit providers. CEI also includes any credit worthiness information that we derive from the data from a credit reporting body, for example credit ratings, scores and evaluations about you and your credit worthiness.
(h) Website means the website used to access Transmissito’s Services. Any reference to our Website is also a reference to our Application.
USER ACCOUNTS - BECOMING A REGISTERED USER
In order to access and use our Services you must become a Registered User by creating a User Account. Your User Account must be in your real name (business) and include other Personal Information, as applicable.
If you are under 18 years of age you must have your parent or guardian’s consent to create an account.
In creating a User Account, you represent to us that all information provided in such process is true, accurate and correct. You agree to update your information as necessary to maintain its legitimacy, truth and accuracy.
You must not impersonate, create or use an account for anyone other than yourself, or create multiple accounts except as authorised by us in writing.
You must keep your password confidential. You are solely responsible for maintaining the security and confidentiality of your account information, and for all information made available through and in connection with your User Account.
You are responsible for all activities of your User Account. You will notify us immediately of any unauthorised use of your account in order to enable us to take necessary corrective action.
Your continued use and access of our Service is your certification and acknowledgement that you agree to be bound by our Terms and Conditions.
We reserve the right to terminate your User Account at any time if you breach these terms and conditions.
UNDER 18’S CONSENT
By creating a User Account, you warrant that you are at least 18 years of age (the “Minimum Age Requirement”) or if you are under the age of 18, you have the consent of your parent or guardian (the “Eligibility Requirement”).
If you are under the age of 18, you acknowledge your parent of guardian will have full access to your User Account including but not limited to receiving notifications when you make a booking with us.
We reserve our rights to require you to prove that you meet the Eligibility Requirement through the provision of written confirmation from your parent or guardian, if applicable.
If it becomes apparent you do not meet the Minimum Age Requirement or the Eligibility Requirement, we reserve the right to terminate your User Account immediately.
You must hold a current Australian driving licence (Class C) or equivalent overseas licence (which is accepted in Australia), always carry it with you and present it when requested.
Mobile phones must always be switched off or on silent mode.
When you make a booking, you warrant you have read and understood the T’s and C’s. The Independent Transport contractor has the right to refuse service if it becomes apparent that he could not/ does not want to fulfil the request.
Independent Transport Contractors may terminate a request if:
(a) they are not satisfied that your identity matches your User Account;
(b) you engage in behaviour that is deemed reckless and unsafe.
After completion of the service, we will facilitate your payment of the applicable charges on behalf of the Independent Transport Contractor as their limited payment collection agent.
When you confirm a carrier request through our Application or Website, you agree to pay any applicable charges.
You understand that use of the Services may result in charges to you for the services you receive. Such charges will be estimated when you book a service through our Application or Website.
You must provide details of a valid credit card to use our Service as a Registered User (“Nominated Credit Card”), or EFT details to facilitate online banking transactions.
Payment will be automatically debited from your Nominated Credit Card on the day payment is due.
All charges are due immediately after a service is completed and will be facilitated by us using the preferred payment method designated in your User Account.
By providing credit card details you warrant and agree you are duly authorised and entitled to use that credit card to make payments from time to time on behalf of the Registered User.
You must notify us immediately if for any reason you may or will be unable to make payment on the date any payment is due to be made.
Charges will be inclusive of applicable taxes when required by Law.
Charges paid by you are final and non-refundable, unless otherwise determined by us.
Your payment may be processed via a third party nominated by us at our sole discretion from time to time. You are responsible to pay any additional fees or charges (if any) imposed by that third-party service.
You may cancel the service before the scheduled commencement time for such service.
If you cancel with less than 24 hours’ notice, you may be charged a cancellation fee.
We reserve the right to access, read and disclose any information that we reasonably believe is necessary to satisfy any applicable legal or governmental process or to detect or prevent issues, including but not limited to fraud, security or technology violations.
We reserve the right to modify or terminate the Service for any reason, without notice at our discretion.
YOUR RIGHTS AND OBLIGATIONS
By accessing our Services, you agree you must not use the Services for any purpose that are prohibited under these Terms and Conditions, in any companion policy or document, or by any Law in the place you access our Services. In this regard, you specifically agree that you must not (which list is not exhaustive):
(a) create a User Account other than in your own name, falsely state your identify, or do anything prohibited by clause 3.4;
(b) access or use, or attempt to access or use, a User Account other than your own User Account.
You agree and acknowledge that you are responsible for any interactions with any other party accessing or using the Service, including any other third party, whether they are a user of the Service.
You understand that by accessing our Services you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.
You understand that the Service may be interrupted, including but not limited to scheduled maintenance or upgrades, urgent repairs or due to a failure of telecommunication links and equipment.
By accessing or using our Website or Application, you agree to be bound by the Licensed Application End User Licence Agreement issued by the IOS provider (‘EULA’). You can access the terms via this link: <https://www.apple.com/legal/internet-services/itunes/dev/stdeula/>.
Our Services may allow you to submit materials such as comments, pictures and videos. Your use of such features must not be in breach of clause 10.3 of our Terms and Conditions.
We will act on any objectionable content reports generated by the ‘Report and Block’ feature within 24 hours by removing the content and ejecting the Registered User who provided the offending content. This may include but not limited to terminating the account of the Registered User who provided the offending content.
If you see materials or content that is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable content on our Website or Application, please use the ‘Report and Block’ feature.
We may monitor and remove or edit any submitted material that, in, the our reasonable opinion, is in breach of clause 10.3 of our Terms and Conditions, without notice at our discretion.
You must not submit any unlawful, offensive, threatening, libellous, defamatory, obscene, deceptive or otherwise objectionable content on our Website or Application when accessing our Services.
VARIATION OF TERMS
You may elect not to be bound by our Amended Terms and Conditions. If you do not wish to be bound under the Amended Terms and Conditions you must cancel your User Account. By continuing to use our Service after such time as the Amended Terms and Conditions take effect you are deemed to irrevocably accept the Amended Terms and Conditions without reservation and are bound by them
You will be given notice of any change by publication of an amended Terms and Conditions (‘Amended Terms and Conditions’) on our Website and take effect immediately once they are published or are sent to you in accordance with this clause.
We reserve the right to amend or vary the Terms and Conditions from time to time without giving any reason.
You agree to indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way connected with your access to and use of the Service including without limitation loss, damage, or injury to you, your employees or any third party.
You agree to indemnify and hold us harmless from and against all Claims and Loss arising out of on in any way from the services provided including without limitation loss, damage, or injury to you, your employees or any third party.
COPYRIGHT AND TRADEMARK
All the material on this Website is subject to the copyright of the company and its associates. You must not reproduce or copy any of the material on this Website or otherwise incorporate into or store in any other Website
Trademarks and logos (“marks”) displayed on this Website are the property of the company and its associates and users are prohibited from using any of our trademarks without our express consent.
The use of our Website and Application to access our Services is provided “as is” and “as available.” We hereby disclaim any and all liability to you for any loss or liability, however caused, relating to the use of this Website, Application, or any embedded or linked website or the use of or reliance on any material on this Website or Application, or any material accessed through this Website or Application.
You waive all rights to bring or assert any claim against us, our agents, employees, or any related party for the use or non-availability of use of our Website or Application.
Your access to and use of the Services is at your own risk. Your access to the services provided is between you and the Independent Transport Contractor and whilst we have taken all reasonable care to help select these contractors that are reasonably fit and proper to facilitate service with you, we give no warranty as to whether such services will be properly facilitated.
You agree and acknowledge the Services are provided on an ‘as is’ and ‘as available’ basis without warranty of any kind, and any and all warranties of accuracy are specifically disclaimed.
LIMITATION OF LIABILITY
To the greatest extent permitted by Law, neither we, nor our directors, officers, owners, contractors, agents or employees, or their or our related parties, shall be liable to you or others for any indirect, incidental, consequential or punitive damages, or any loss resulting from the following:
(a) your access to or use of or inability to access and use the Service;
(b) the way the services are conducted;
(c) any conduct of any third party on the Service, including without limitation any defamatory, offensive or illegal conduct of other users of third parties including Instructors and Supervisors;
(d) any content obtained from the Service;
(e) any unauthorised access, use or alteration of your transmissions; or
(f) use or changes to your personal information.
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions of use, unless the context otherwise requires:
(a) “Application” means the mobile application used to access our services.
(b) “Claims” means all demands, claims, proceedings, penalties, fines and liability whatsoever (whether criminal or civil, in contract, tort or otherwise).
(c) “Confidential Information” means any and all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding information:
(i) entering the public domain or disclosed to a party by a third party; and
(ii) developed independently by a party.
(d) “Law” means any legislation or regulation applicable to you in the relevant State or Territory.
(e) “Loss” means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
(g) “Services” means the services we provide to you under clause 2 of these Terms and Conditions.
(h) “Registered User” means an individual, business, company or other entity registered to use our Service.
(i) “User Account” means the account you use to access our Services via our Website or Application.
(j) “We” “us” “our” and “3 Clicks” means Transmissito Pty ltd and or its associates
(k) “Website” means the website used to access our services. Any reference to our Website is also a reference to our Application.
In the Terms and Conditions, unless the context otherwise requires:
(a) words importing any gender include every gender;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing persons include firms, companies and corporations and vice versa;
(d) any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(e) headings do not affect interpretation;
the word “including” (and related forms including “includes”) means “including without limitation”.
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