Suna Traffic Channel End User Terms & Conditions

1  Definitions

In these terms and conditions or any subsequent amendments and/or additions to these terms and conditions as published on the SUNA Traffic Channel internet site at www.sunatraffic.com.au ("Terms and Conditions") :

  • "Agreement" means these Terms and Conditions.
  • "Approved Navigation Devices" means any in-vehicle units which are listed from time to time on www.sunatraffic.com.au , and where such a device is authorised and able to receive the Suna Traffic Channel.
  • "Authorised Driver" means any person lawfully authorised by the End User to use the Vehicle.
  • "Commencement Date" means the date on which the End User commences to use the service.
  • "Data Supplier" means a legal entity (for example, the State of Queensland) which supplies Licensed Data.
  • "End User" means a person, firm or company with a Web Browser or Approved Navigation Device receiving or using the Service.
  • "Intelematics" means Intelematics Pty Ltd (ACN 084 882 584), the owner and operator of the Service.
  • "Licensed Data" means any data supplied by a Data Supplier from which the Licensed Data Product is derived from, or on which the Licensed Data Product is based (regardless of whether such data has been reformatted or converted onto different media or translated into another format).
  • "Licensed Data Product" means the Service provided or made available to the End User.
  • "Manufacturer" means a manufacturer of an Approved Navigation Device.
  • "Service" means the traffic and travel information update service provided by SUNA Traffic Channel which is utilized by:
    (a)  Approved Navigation Devices broadcasted via RDS-TMC in the Territories; or
    (b)  Web Browsers.
  • "Vehicle" means the End User's vehicle into which an Approved Navigation Device is installed or used.
  • "Web Browser" means any web browser or similar application installed on a personal computer, mobile phone or similar device which is capable of viewing the traffic and travel information update service provided by SUNA Traffic Channel.

2  Acceptance

By using the SUNA Traffic Channel and the Service, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions.

3  Term

This Agreement shall commence upon the Commencement Date and shall continue for so long as the End User uses the Service and, if applicable, maintains its Approved Navigation Device in accordance with the Manufacturers instructions or directions.

4  Installation and Maintenance of Web Browsers or Approved Navigation Devices

4.1  Intelematics is not responsible for installation of Approved Navigation Devices or Web Browsers into the Vehicle or appropriate device, respectively. Intelematics makes no representations regarding the installation of Approved Navigation Devices or Web Browser by any person (including, for example, persons authorised by the Manufacturer).

4.2  Intelematics does not provide support or assistance for the use or maintenance of Approved Navigation Devices or Web Browsers and all questions or requests for assistance should be directed to the Manufacturer of the Approved Navigation Device or the provider of the Web Browser from which the Service is used.

5  Provision of Service

5.1  Intelematics will use reasonable endeavours to provide the Service 24 hours a day, 365 days a year.

5.2  Intelematics will use reasonable endeavours to conduct all necessary maintenance relating to the Service during 'off-peak' times, but does reserve the right to withdraw the Service at any time.

5.3  The Service is intended as an aid to personal motoring and related travel planning, and does not provide comprehensive or accurate information on all occasions. On occasions, the End User may experience additional delay as a result of using the Service. The End User acknowledges that it is not intended, or suitable, for use in applications where time of arrival or driving directions may impact the safety of the public or the End User.

5.4  Intelematics reserves the right to vary these Terms and Conditions. The End User agrees to check these Terms and Conditions from time to time, and the continued use of the Service will mean that the End User agrees to any changes that may be made by Intelematics and posted on the website at www.sunatraffic.com.au/termsandconditions/.

6  Use of the Service

6.1  End Users and Authorised Drivers of a Vehicle in which the Service is active remain at all times responsible for observing all relevant laws and codes of safe driving and Intelematics will not in event be liable for any fine, penalty, or punishment issued to any user of the Vehicle.

6.2  In particular, End Users and Authorised Drivers agree to only actively use or operate the Service on their Approved Navigation Device in accordance with the Manufacturer's instructions and only when the Vehicle is at a complete stop and it is safe to do so.

7  Acknowledgments

7.1  The End User acknowledges and agrees that it obtains no right of ownership of any Intellectual Property Rights (including copyright) in the Licensed Data or any Licensed Data Product and shall only use the Service, Licensed Data and any Licensed Data Products for its own personal use or for use in the ordinary course of its business. For the avoidance of doubt, the ability of End Users to use the Service in its ordinary course of business does not extend to:
  (a)    anything which is prohibited in this Agreement;
  (b)    on-selling or distributing to third parties Licensed Data or Licensed Data Product for reward or otherwise;
  (c)    recording, packaging or transferring any Licensed Data or Licensed Data Produce for the purpose of providing or developing a service to update traffic or provide up to date travel information.

7.2  The End User warrants and agrees that it will not make available, on-sell or distribute Licensed Data or any Licensed Data Product for reward or otherwise to any other third party and not use the Licensed Data or any Licensed Data Product with the intention of encroaching upon the privacy of an individual or company or other organisation.

7.3  The End User also agrees and acknowledges that Intelematics relies on Data Suppliers for the supply of Licensed Data in order to provide the Service. Should the Data Supplier experience difficulties with the supply of the Licensed Data, Intelematics will be unable to provide the Service. While every effort is made to ensure that the Licensed Data is continually provided by a Data Supplier, Intelematics makes no representations nor warrants that a Data Supplier will continue to provide Intelematics with Licensed Data.

7.4  The End User acknowledges that, owing to the nature of the technology comprised in an Approved Navigation Device, the operation of the Service may from time to time be adversely affected by physical features such as underpasses, atmospheric conditions and other causes of interference beyond Intelematics' control. Intelematics can give no guarantee that the Service will work in adverse conditions or in the event of force majeure.

8  Liability

8.1  The End User agrees that neither Intelematics nor any Data Supplier is under any liability for any loss or damage (including consequential loss or damage) arising from any use of the Service, Licensed Data or any Licensed Data Product. Neither Intelematics nor any Supplier makes any representation or warranty that the Service, Licensed Data or any Licensed Data Product will be free from errors or computer viruses or contamination of any kind.

8.2  The End User acknowledges that neither Intelematics nor any Data Supplier guarantees or makes any representations or warranties that relate to the availability, accuracy or completeness of the Service, Licensed Data or any Licensed Data Product; and to the extent which it is lawful to do so, both Intelematics and all of its Data Suppliers exclude any warranties which might otherwise be implied by any State or Federal legislation in relation to the Service, Licensed Data or any Licensed Data Product.

8.3  In respect of all liability under these Terms and Conditions, Intelematics' liability in respect of each event or series of connected events shall not exceed $100.

8.4  The Services must not be used in any way which would or may affect the ability of any driver of the Vehicle to drive safely and in accordance with the road laws. Intelematics shall not be liable for any loss or damage caused by the acts or omissions of the End User, or any Authorised Driver of a Vehicle.

9  Termination

9.1  The End User may, at any time, terminate this Agreement by no longer using the Service on the Approved Navigation Device or Web Browser (as the case may be).

9.2  Intelematics may terminate this Agreement with immediate effect:
  (a)    on written notice to the End User's Manufacturer; or
  (b)    by posting a notice, which is made available to the public, on Intelematics' website;
  (c)    if:
        (a)    any government or other regulatory approvals for the use of the Service is withdrawn, suspended or amended at any time; or
        (b)    a Data Supplier no longer agrees to supply Intelematics with Licensed Data.

9.3  Upon termination of this Agreement the accrued rights and liabilities of the parties shall not be affected and any payments made by End Users prior to termination are non-refundable unless agreed in writing by Intelematics prior to termination.

10  General

10.1  The End User may not assign, transfer or otherwise deal with their rights under this document without the prior written consent of Intelematics.

10.2  This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.