Terms and conditions

It is agreed:

1.Terms of Use

a) The TrafficTAS software application (“the App”) has been created and developed by Addinsight Pty. Ltd. and is distributed under license to Tasmania represented by the Department of State Growth.

b) Please carefully read these terms and conditions (“Terms of Use”) for download, installation, display and use of the App.

c) By downloading, installing, displaying or using the App, You indicate that You accept these Terms of Use which take effect on the date on which you download, install, display or use the App. If you do not agree with these Terms and Conditions, you must cease downloading, installing, displaying or using the App immediately.

d) We reserve the right to amend these Terms of Use (or by updating the App to include new Terms of Use) at any time without notice. Any such amendment (or update) is effective from the date they are posted and Your continued use of the App will constitute Your acceptance of the variation to the Terms of Use.

2. Compatible Devices & Location for Use

a) The App is designed for Android and iOS mobile devices. Android devices require Bluetooth V4. Apple devices need to be model 4S or later. This App supports Android 4.3 and iOS 8.0 minimum operating systems. This App does not support earlier operating systems, or other mobile devices with other operating systems.

b) The App will only function as intended if used in relation to the Tasmanian road network (“Network”) and some functionalities of the App are dependent on supporting infrastructure installed within the Network.

c) You acknowledge and agree that this App will not operate as intended in relation to areas outside of the Network and that some functionality may be impacted upon if used outside of the coverage of (or due to a failure in) the supporting infrastructure.

3. Your use of the App

a) We grant You a non-exclusive, non-transferable licence to download, install and use the App on Your compatible mobile device subject to these Terms of Use.

b) You must only use the App for the purposes for which it was designed and not for any other purpose.

c) You have no rights in, or to, the App, the data, or the technology used or supported by the App other than the permission to use the App in accordance with these Terms of Use.

d) You must not attempt to sell, modify copy, disseminate, distribute, decompile or reverse engineer any of the software, code, data or any other information or material comprising the (or made available by) the App.

e) You acknowledge that the App is provided free of charge and You must not use the App for any commercial gain.

f) You acknowledge that as part of the functionality of the App You may elect to receive push notifications by way of spoken alerts that will verbally notify You of upcoming traffic congestion or other traffic related issues and You agree that the use of the alerts function is entirely at Your own risk.

g) You acknowledge and agree that as a driver of a motor vehicle You will remain responsible at all times for exercising due care and ensuring the safe operation of the vehicle in accordance with the law.

4. Updates & Support

a) We may from time to time issue updates to the App and the continued operation and functionality of the App may depend on Your download of the relevant update.

b) We may at our sole discretion, cease your access to the App or stop our support for the App (or a particular version of the App) at any time without notice.

5. Internet Connection, Bluetooth and Data

a) The App requires a functional internet connection for both the initial download, download of updates and for ongoing use.

b) Some functionality of the App requires the enabling of Bluetooth connectivity to permit roadside alerts to be received.

c) Your telecommunications provider may charge You a fee for downloading any data use associated with the App and You agree that You are solely responsible for payment of such costs.

d) We are not responsible (or liable) in any way for any impact the App may have on arrangements with Your telecommunications provider including network access or data allowances.

6. Intellectual Property

a) We own the App and You do not own any information or data that may be provided to You via the App.

b) You are not granted any interest or right with respect to any intellectual property in the App, any data provided via the App or in any software or services associated with the App.

c) We reserve all rights in the intellectual property residing in the App and any data or information produced or transmitted by the App including without limiting, copyright, trademarks and designs.

7. No Warranty

The App (and all content and services made available via the App) is provided to You on an “as is” and “as available” basis without warranties of any kind (expressed or implied) save for any such warranties which may be implied by statute that are incapable of exclusion in respect to the App or its content.

In addition, We do not warrant:

a) the accuracy, adequacy, completeness or reliability of the App or data and/or information provided to You via the App (or any linked website);

b) that the App will be error free or the ongoing performance (or availability) of the App;

c) that the App will not result in loss, damage, corruption or degradation of any data or other material as a result of the use of the App; and

d) that the App (or any third party website or third party application store) is free from any virus or malicious software or code which may be transmitted to a mobile device in connection with the download and installation of the App (or any update).

8. Liability

To the maximum extent permitted by law, We exclude all liability for any injury, claim, loss, liability or damage, including vehicle accidents while driving and using your phone, whatsoever, which is suffered (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruptions, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) arising out of, or in connection with, the App, or the data provided via the App, including its installation and use.

9. Downloadable material

a) Any downloadable material made available via the App is provided on the basis that You will conduct any necessary virus scanning and other checks to protect Your data, mobile device and software systems and those of any other person.

b) You agree that We are not liable to You for any loss, injury or damage caused (including by Our negligence) that arises in any way from the download and use of the App or data or materials via the App (or linked website).

10. Personal Information

The App is not designed to collect or hold any personal information relating to the users of the App, other than information You provide to Us as part of downloading and signing up to the App, or in the event that you log a fault report including follow-up contact details.  Any personal information provided by You and held by Us will be used for the purpose of operating the App, and will be managed in accordance with the Personal Information Protection Act 2001 (Tas).

You acknowledge and agree that We may, from time-to-time record (non-personal) information about Your use of the App which may include:

a) the tracking of the random number allocated to Your device via roadside Bluetooth receivers;

b) when and how the App is used;

c) The device location when using the App (including the map or alert notification function provided for under the App); or

d) Your device type and information required in order to deliver push notifications to you when enabled.

11. Governing Law

These Terms of Use are governed by (and construed in accordance with) the laws in force in the State of Tasmania.

The courts of Tasmania have non-exclusive jurisdiction to determine any proceeding in relation to these Terms of Use.

12. Defined Terms

In these Terms of Use, unless a contrary meaning is evident:

a) “You” and “Your” means (or refers to) the person or organisation downloading, accessing and using the App;

b) “Terms of Use” means these terms and conditions for use of the App as may be amended from time to time in accordance with clause 1;

c) “the App” means the TrafficTAS software application version 1.0 and any subsequent version of the App and includes the App as may be modified from time to time by any update; and

d) “We”, “Us” or “Our” means (or is a reference to) Department of State Growth.