Terms of Use
[last updated November 2017]
The business that provides this website and other online services
http://SafeDriver.Today/ is made available by KBHALL Pty Ltd ACN 153 026 727 of Clifton Hill, VIC 3068 (Safe Driver Today). You can contact us via email at support@safedriver.today.
When you read words “Safe Driver Today”, “us”, “our” or “we”, it means KBHALL Pty Ltd, and the words “you”, “user” or “your” means you, the visitor to our website and any social media pages we provide (online services).
By using our online services, you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:
- Terms of Use
- Privacy Policy
- Disclaimer
We encourage you to carefully read and understand these terms and conditions before using our online services. If you don’t agree, your remedy is to stop using Safe Driver Today.
Entire Agreement
Unless otherwise specified, these terms and conditions create the entire agreement between you and Safe Driver Today with respect to our online services.
We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated by notice on our website.
Feedback, comments or complaints
If you have any questions, please contact us at support@safedriver.today and we will usually respond to all enquiries within two business days.
No unlawful or prohibited use
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.
You expressly agree not to:
- hack into areas of our online services that are not intentionally made available to you
- engage in any internal or external spamming, or other similar actions
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
- decompile, reverse engineer, or try to copy or imitate our online services or underlying content
Links disclaimer
Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
Copyright, Trademarks and other Intellectual Property
Quiz Results – Safe Driver Today owns the intellectual property rights in the design and content of our Safe Driver Today Quiz. Safe Driver Today reserves the right to aggregate and deidentify information gained through the quiz and use that information as it sees fit.
You agree to only use your quiz results for you own personal and non-commercial use. You may not re-purpose the SafeDrive Quiz or quiz results, or the content of either of those things without our prior written consent.
Cartoons – You must not copy, adapt or otherwise use our cartoon characters without of prior written consent.
Safe Driver Today also owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact us at support@safedriver.today if you require permission to reproduce any of the contents of our online services.
Images and item descriptions posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
The names of actual companies and products mentioned on our online services may be the trade marks of their respective owners. All example companies, organisations, products, people and events depicted on our online services are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.
Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content, or to our intellectual property.
Copyright infringement
If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us at support@safedriver.today with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from the Safe Driver Today website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
Security
We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
Disclaimer
Subject to all applicable laws, anything contained on our online services is provided “as is”. Safe Driver Today does not provide any guarantee, warranty or representation about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services or Safe Driver Today Quiz results, for any purpose.
Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.
This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our online services.
Limitation of liability
Subject to the requirements of Australian Consumer Law, we will not be liable to you or any other person or entity for any damages arising as a result of your use of our online services in any way, unless your claim arises in connection with any deliberate breach of these terms and conditions or negligence by Safe Driver Today.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to:
- the provision of those services again, or
- a refund equal to the total amount paid by you for the services that are the subject of your claim, even if those services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.
Indemnity
You agree to indemnify and defend Safe Driver Today from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- your unauthorised use of our online services, or products or services included or advertised on our online services;
- your breach of these terms and conditions.
Applicable law
This agreement is governed by the laws of Victoria and Australia. You agree to be subject to the jurisdiction of the courts of Victoria if there was a serious dispute between you and us.
You may provide notice to us through the contact us page or otherwise by email addressed to ‘The Managing Director, Safe Driver Today’ and sent to support@safedriver.today. We may provide notice to you via email or other electronic means.
Use of our online services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorized, it is your responsibility to stop using our online services.
Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Safe Driver Today as a result of this agreement or use of our online services.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or to information provided to or gathered by us about your use.
Validity
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
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