Website Terms &
Conditions of Use

a. Welcome to TransUltimate Home Page (the ‘Website’). The Website allows you to browse and access and use the TransUltimate Electronic Platform (‘TransUltimate’).

b. The Website is operated by Comsafe Holdings Pty Ltd, ACN 640 122 149 (‘ComSafe’). Access to and use of the Website, or TransUltimate, is provided by ComSafe. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease usage of the Website, and TransUltimate.

c. ComSafe reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ComSafe updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

a. You accept the Terms by remaining on the Website, and TransUltimate should you sign up as a subscriber. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

a. TransUltimate is an electronic platform that provides to capture, store, and retrieve records that relate to heavy vehicles and transport activity.

b. Subscription accounts (‘Subscriptions’) are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time and may be governed by separate terms which apply specific to the account.

c. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

d. Accounts may be governed by a separate Software Licensing Agreement with ComSafe, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

a. TransUltimate, its related features, and website must only be used lawfully. ComSafe reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

i. To engage in any act that would disrupt the access, availability, and security of TransUltimate and other ComSafe services, including but not limited to:

1. 1. 1. Tampering with, reverse-engineering, or hacking our servers.
      2. Modifying, disabling, or compromising the performance of TransUltimate or other ComSafe services.
      3. Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
      4. Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by ComSafe.

b. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

c. To stalk, harass or threaten users and any member of the public.

d. To misrepresent or defraud any user of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with ComSafe or any third party

e. To access or search any part of TransUltimate, other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

f. To post, upload, share, or otherwise circulate content in violation of TransUltimate Electronic Platform’s content policies.

a. ComSafe takes your privacy seriously and information provided through your use of the Website and/or TransUltimate.

b. All data entered and transferred when using TransUltimate is uploaded to our firewall and virus protected servers located in Sydney, Australia.

a. ComSafe collects, stores, and processes your data on TransUltimate. The data is used to provide Services to you, as well as to facilitate ComSafe’s business interactions with you.

b. Data collected by Comsafe is used only for the purpose of using TransUltimate.

c. Data is not transferred, given, or sold to to any second party.

a. In order to access Services, you must first purchase a Subscription and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered a Subscriber (‘Subscriber’).

b. In purchasing the Subscription, you, the Subscriber, acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

c. As part of the Subscription registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself (such as identification or contact details), including but not limited to: 

1. 1. email address, 
   2. preferred username, 
   3. business address, 
   4. telephone number,
   5. password.

d. Other information required as part of the Subscription registration process includes but not limited to:

1. 1. business name
   2. Australian Business Number
      
      

e. You warrant that any information you give to ComSafe in the course of completing the registration process will always be accurate, correct and up to date.

f. Once you have completed the registration process, you will be a registered user of TransUltimate and agree to be bound by the Terms. As a Subscriber, you will be granted access to TransUltimate within twenty-four hours (24) having completed the registration process until ComSafe has been notified to terminate the Subscription.

g. You may not use the Services and may not accept the Terms if:

1. 1. you are not of legal age to form a binding contract with ComSafe; or
   2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

a. Payments made in the course of your use of TransUltimate are made through Westpac Banking Corporation’s ‘Payway’ payment gateway (‘the Payment Gateway’). You acknowledge and agree that ComSafe will not be liable for any losses or damage arising from the operations of the Payment Gateway. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the Payment Gateway.

b. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied by the Payment Gateway, for whatever reason by your financial institution, or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

c. You agree and acknowledge that ComSafe can, upon ComSafe providing you one month written notice, vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect on the first day of the next calendar month.

a. ComSafe will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services, or if a Director of ComSafe makes a decision, at their absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Subscriber (the ‘Refund’).

a. The Website and TransUltimate are subject to copyright. The material on the Website and TransUltimate is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website and TransUltimate (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services, are owned or controlled for these purposes, and are reserved by ComSafe.

b. All trademarks, service marks and trade names are owned, registered and/or licensed by ComSafe.

c. ComSafe does not grant you any other rights whatsoever in relation to the Website or TransUltimate. All other rights are expressly reserved by ComSafe.

d. ComSafe retains all rights, title and interest in and to the Website and TransUltimate. Nothing you do on or in relation to the Website or TransUltimate will transfer any:

1. 1. business name, trading name, domain name, trade-mark, industrial design, patent, registered design or copyright, or
   2. a right to use or exploit a business name, trading name, domain name, trade-mark or industrial design, or
   3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
      
      

e. You may not, without the prior written permission of ComSafe and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

a. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

b. Subject to this clause, and to the extent permitted by law:

1. 1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
   2. ComSafe will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with TransUltimate or these Terms (including as a result of not being able to use of TransUltimate or the late supply of TransUltimate), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

c. Use of the Website and TransUltimate is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ComSafe make any express or implied representation or warranty about the use of TransUltimate referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. 1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, or TransUltimate; and
   4. the Services or operation in respect to links which are provided for your convenience.

a. ComSafe’s total liability arising out of or in connection with TransUltimate or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

b. You expressly understand and agree that ComSafe, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

a. The Terms will continue to apply until terminated by either you or by ComSafe as set out below.

b. If you want to terminate the Terms, you may do so by notifying ComSafe.

c. Any notices pursuant to Clause 13.a above should be sent, in writing, to ComSafe via the ‘Contact Us’ link on the Website.

d. ComSafe may at any time, terminate the Terms with you if:

1. you have breached any provision of the Terms or intend to breach any provision;
2. ComSafe is required to do so by law;
3. the provision of the Services to you by ComSafe is, in the opinion of ComSafe, no longer commercially viable.
   
   

e. Subject to local applicable laws, ComSafe reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the use of TransUltimate without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ComSafe’s name or reputation or violates the rights of those of another party.

a. You agree to indemnify ComSafe, its affiliates, employees, directors, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or TransUltimate or attempts to do so; and/or
3. any breach of the Terms.

a. The Services offered by ComSafe is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

a. The Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

a. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

a. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.