Version: August 10, 2019 (current)
Whenever used in this Agreement, the following terms will have the following specified meanings:
- Account: refers to the Customer’s account whereby Customer registers for and accesses the Service.
- Brand Features: means any trade names, trademarks, servicemarks, logos, domain names, or other distinctive items that represent Service Providers and Semantia, respectively.
- Customer Data: means data concerning the characteristics and activities of visitors to the Customers’ website(s) collected by the the Website. The parties agree and understand that Customer intends to use the Service for obtaining quotes for vehicle transport, all information collected can be used to identify individual website visitors (referred to as “PII”).
- Subscription Plan: means one of the different subscription packages through which You can use the Services as further described on our website.
- Free Trial: means a free access provided to You by Semantia for a limited and established period of time, to the Services, which shall be granted at the sole discretion of Semantia, which access may be revoked by Semantia at any time without need of any prior notice;
- Processing Software: means the proprietary Semantia server software, together with any fixes, updates, and upgrades, which process, analyse, and store the Website data.
- Proprietary Rights: means, without limitation, any patent, copyright, trademark, trade secret, design, database right, business name, domain name, layout, design or other intellectual property or Proprietary Right, whether registered or not and whether registerable or not, as may exist anywhere in the world.
- Report: means the analysis derived from Customer Data and made available through the Account. The charts, graphs, and statistics contained in a Report may vary based on the type of account and plan.
- Servers: means the technological infrastructure controlled by Semantia (or its subsidiaries) upon which the Processing Software operates and the Customer Data and Semantia Processing Code are stored.
- Service: means the facilities to analyse or parse Customer Data, including Recorded Sessions, from a aussiecartransport.com.au Website owned, controlled, or operated by Semantia.
- Software means the Semantia Processing Code and Processing Software.
- Website: means a collection of pages at aussiecartransport.com.au.
Aussie Car Transport acts as an online portal to connect Customers with Service Providers by facilitating the distribution of user submitted information.
3. How Aussie Car Transport Works?
Aussie Car Transport acts only as an online hub to connect prospective Service Customers needs to the services of the Business Service Providers by facilitating information between the two parties.
- Customers request a quote for vehicle transportation via the website;
- The website will match the Customers’ requests with registered Service Providers;
- Services Providers will receive notifications from the Website about prospective customers’ quote requests;
- Service Providers provide Customers with quotes for transport services
In choosing to enter into an agreement with a Service Provider, the Customer will be subject to the Service Provider’s own separate Terms and Conditions.
Such transaction agreements are bound only between the Customer and the Provider and both parties acknowledge that AUSSIE CAR TRANSPORT acts only as a neutral facilitator and has no direct participation in these agreements.
You are not permitted to sell or transfer your Aussie Car Transport account to another party without written consent from us.
You acknowledge and agree that you will NOT use the Website for purposes other than its intended use including the attempt to copy, reverse engineer or reconstruct any part of or other versions of the Website in any type platform for self-gain unless you have written consent from Semantia.
To access certain customer support features you are required to submit personal identifiable information about yourself and agree to any information you provide to Semantia will always be correct, accurate and kept up to date.
You agree to taking personal accountability and responsibility for maintaining the confidentiality of any username, passwords and personal identifiable information you may need to access the Website or retrieve such information and therefore agree to notify SEMANTIA immediately of any unauthorised use of your account and any other breach of security.
As the user of the account you will be responsible for all activities that take place under your account with or without your knowledge and whether or not you have notified SEMANTIA of any unauthorised use.
5. Code of Conduct
By interacting and participating in Aussie Car Transport program you agree to:
- Not use the AUSSIE CAR TRANSPORT Website to:
- Conduct, promote or provide information about illegal activities;
- Mislead, abuse, harass, threaten, defame or otherwise offend others;
- Engage in or promote any surveys, contests, pyramid schemes, unsolicited emails or spamming;
- Impersonate or create a profile for someone else or entity other than who you represent;
- Solicit passwords or personal information for malicious intent;
- Not to engage in the following prohibited activities such as:
- Copy or Mirror any part of the Website without prior written consent to do so;
- Using robots, spiders, other devices or processes to crawl the Website to collect information in any way;
- Modify, translate, sell, disassemble or reverse engineer and part of the Website and with exception only permitted by law.
- Using references to Aussie Car Transport to direct other people to any other website unless you have written authorisation to do so.
5.2 For Service Customers
You agree to:
- Only post honest and fair comments and reviews in your feedback relevant towards the Service and Customer Service you experienced from Business Service Providers;
- Only request legitimate quotes from the Website;
- Conduct your own due diligence prior to entering or engaging any transaction agreements with Service Providers listed on the website;
- Be contacted by Service Providers by phone or email for the purpose of assisting you with your enquiry and acknowledge that Service Providers represent themselves are an entity and have their own terms and conditions should you choose to engage in any business dealings with them, they do not hold or represent Semantia in any way.
- NOT act as a Service Provider posing as a genuine Service Customer listing jobs in order to seek quotes, to subcontract work to other Service Providers for financial gain or any other reason.
SEMANTIA PTY LTD has no obligation to verify the reputation of Service Providers and Customers are encouraged to verify this information with each Service Provider prior to engaging any business dealings.
5.3 For Business Service Providers
You agree to:
- Treat any personal information relayed onto you from SEMANTIA on behalf of Customers regarding a potential job as private and confidential;
- Treat any Customer’s personal information with confidentiality and not to on-sell or pass on the any confidential information without consent from SEMANTIA and the Customer;
- Become solely responsible should you choose to go into a transactional agreement with a Customer and any work to complete under that agreement;
- Become solely responsible for keeping up to date your legal requirements in running a business, including but not limited to insurances;
- Represent yourself as an entity and in no way do you represent the Website or Semantia when you contact a potential Customer.
SEMANTIA has no obligation to monitor any member’s use of the Website. However, we reserve the right to audit, monitor, retain and disclose any information necessary at times to satisfy any Government, State and Federal Law.
6.1 Fees for Service Providers
SEMANTIA charge a small monthly fee to be listed on the Website and be eligible to receive quote requests from Customers.
SEMANTIA will charge a nominal fee in exchange for sending prospective leads from Customers.
6.2 Fees for Service Customers
It is free to use the Website in order to obtain and/or request quotes from Service Providers.
In the event where multiple Customers file a complaint towards a Service Provider in regards to not following through with the transactional agreement, rude, offensive behaviour, vulgar or profane language or in any way a measure of unfair conduct, Semantia reserves the right to restrict access to or terminate the account of the particular Service Provider. Reinstating any accounts will be entirely at the sole discretion of Semantia.
8. Account Closure/Termination
You may at any time cancel your registration to any of Semantia’s Services by submitting a cancellation request by phone or in writing to Semantia’s contact details. At which case, your account will close immediately.
In a situation where leads provided by AUSSIE CAR TRANSPORT to Service Providers contain incorrect or omitted contact information, SEMANTIA may offer a reimbursement to such leads at its sole discretion. SEMANTIA however, are not required to reimburse fees paid for any reason beyond its control including but not limited to situations where Service Providers cannot contact Customers, Customers are not interested anymore or change their minds or have requested a quote multiple times.
9. Feedback and Review Feature
SEMANTIA adopts a user feedback system to provide an overall performance and satisfaction rating of individual Business Service Providers from Service Customers, whereby Customers may voluntarily post comments, compliments, reviews and other opinions regarding the service received from the Service Providers.
As a Business Service provider, you agree that Service Customers whom agree to use your services are able to post such feedback and opinions regarding your customer service and serviceability while conducting your business. All user submitted information for feedback purposes is considered to be non-proprietary and such information may be publicly accessible on the Website and SEMANTIA has the right to use such information without any limitation.
It is expected that users only post comments and reviews that are deemed acceptable, fair, honest and justifiable. SEMANTIA does not guarantee that all comments and reviews posted will adhere to this obligation. SEMANTIA reserves the right to audit, hide and withdraw any comments deemed offensive, unlawful, harmful, profane, defamatory, malicious or equally comparable to protect its users.
10. Proprietary Rights
SEMANTIA owns all intellectual and other proprietary rights associated in the AUSSIE CAR TRANSPORT Website and Services including but not limited to the software, profile questionnaires, graphics, photos, videos, sound, any trademarks, copyrighted information and logos (for the most part known as ‘Proprietary Information’). By using the Website, you acknowledge that you are prohibited from posting, copying, modifying, forwarding, reproducing, displaying in public and making commercial use of any other derivative works of the Proprietary Information unless you have prior written consent from SEMANTIA.
Registered users of AUSSIE CAR TRANSPORT may submit information when using the Website. Such information is the sole responsibility of the particular person or entity that submitted the information and the consequences of posting it. All submitted information is identified as copyright protected whether it has copyright protection or not with the exception of User submitted Feedback and Reviews. Where copyright ownership belongs to a Third Party, you are obligated to attain the necessary rights before using such information.
SEMANTIA may from time to time use your email address or telephone number to send you messages notifying you of any important changes to our Services or special offers and promotions. If you do not want to receive such email messages or telephone calls you can notify us through our contact information on the Website.
12. Third Party Websites/Advertising
The Website introduces links to websites of third-parties’ businesses, including without limitation advertisers. SEMANTIA has no control over these websites and is therefore not responsible for the content including pictures, videos, text, and links of the linked business or advertiser.
These links are provided to you for convenience and in introducing these links it does not imply that SEMANTIA endorses or accepts any responsibility for the services provided by these businesses and advertisers. Your business dealings with these businesses or participation in the promotions or offers from advertisers are solely between you and the Third Party and SEMANTIA has no direct or indirect involvement with such dealings. You agree that SEMANTIA accepts no responsibility for any loss or damages incurred as a result of such dealings.
13. Complaints and Disputes
Semantia has no direct or indirect involvement with transactional agreements between Customers and Service Providers and we only act as a neutral facilitator of information between both parties. Both parties will be jointly responsible to resolve any issues or disputes that may arise as a result from entering into a transactional agreement.
If you have an issue or complaint regarding the Website or Service, please contact us by email at: [email protected].
Service Providers may sign up for a Trial Plan for a period of thirty (30) days. Once the Trial Plan ends, the Account will prompt user for upgraded to a Paid Plan. Semantia reserves the right to cancel, terminate, or modify a Free or Limited or Trial Plan for any or no reason and at any time.
15. Account and Security
Customer is responsible for safeguarding the confidentiality of login credentials issued by Semantia and for any use or misuse of the Service resulting from unauthorised access. Customer agrees to notify Semantia immediately in the event of a security breach or unauthorised access to the Account or Service. Semantia may, from time to time, login to Customer’s Account to make improvements or troubleshoot technical issues. Customer hereby consents to such access.
“Confidential Information” includes any proprietary data or other information disclosed by one party (“Disclosing Party”) to the other (“Recipient”) in writing and marked “confidential” or disclosed orally and, within five (5) business days, reduced to writing and marked “confidential”.
Notwithstanding the foregoing, Confidential Information will not include any information that: (a) is or becomes public knowledge other than as a result of a breach of this Agreement or other obligation of confidentiality; (b) the Recipient can show was in its unrestricted possession, known to it before the date of this Agreement or independently developed by it before being disclosed under this Agreement; (c) is disclosed or made available to the Recipient by a third party other than in breach of this Agreement or other obligation of confidentiality; or (d) is disclosed by the Recipient with the prior written permission of the Disclosing Party.
Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law enforcement personnel, regulation, court order, or administrative agency, in which case, the Recipient must give the Disclosing Party as much notice as is reasonably practicable (and permitted by law) prior to disclosing such information.
17. Information Rights and Publicity
Except as permitted herein, Semantia will not share information associated with Customer or Service Provider with any third parties unless Semantia (i) has the respective party’s prior written consent; (ii) concludes that disclosure is required by law or has a good faith belief that disclosure is reasonably necessary to protect the rights, property, or safety of the Website, its users, or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Semantia’s behalf (e.g. billing, data storage, or support) with strict restrictions intended to prevent the data from being used or shared except as directed by Semantia.
18. Warranty and Indemnification
Semantia warrants that: (i) each of its employees has the proper skill, training and background necessary to accomplish their assigned tasks; (ii) all Services will be performed in a competent and professional manner, by qualified personnel; and (iii) neither the Software, any deliverables, information, or materials, nor the performance of Services by Semantia infringe or violate the rights of any third party.
Customer will indemnify, defend and hold Semantia harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with Customer’s use of the Software or Services, termination, or failure to comply with this Agreement.
Semantia will indemnify, defend and hold Customer harmless for all claims, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with: (i) Semantia’s failure to comply with this Agreement, and (ii) any claims that Customer’s installation, copy or use of the Software and/or use of the Services constitutes infringement of third party intellectual property rights.
Subject to the applicable statute of limitations, the indemnity set forth in this Section 12 will continue in full force and effect subsequent to and notwithstanding this Agreement’s expiration or termination.
19. Disclaimer of Warranties
The information and services included in or available through the Service, including the Reports, may include inaccuracies or typographical errors. Semantia may make improvements and/or changes to the Account, Service or Software at any time, with or without notice.
Semantia does not represent or warrant that the Account, Service, or Software will be uninterrupted or error-free, that defects will be corrected, or that the Service, Software, or Server is free of viruses or other harmful components.
Semantia does not warrant or represent that the use of the Service or the Reports will be correct, accurate, timely or otherwise reliable.
Customer specifically agrees that Semantia and its subsidiaries shall not be responsible for unauthorised access to or alteration of the Customer Data or data from Customer’s Website(s).
EXCEPT FOR WARRANTY AND INDEMNIFICATION OBLIGATIONS CONTAINED IN SECTION 12 TITLED “WARRANTY AND INDEMNIFICATION,” THE SERVICE, THE SOFTWARE, DOCUMENTATION AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SEMANTIA AND/OR ITS SUBSIDIARIES AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION OR REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SEMANTIA DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET CUSTOMER’S NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.
20. Limitation on Liability
EXCEPT FOR THE PARTIES’ RESPECTIVE INDEMNIFICATION OBLIGATIONS CONTAINED IN SECTION 11 TITLED “WARRANTY AND INDEMNIFICATION” ABOVE WITH RESPECT TO CLAIMS BY THIRD PARTIES, NO PARTY OR ANY OF ITS SUBSIDIARIES AND/OR AFFILIATES OR EMPLOYEES SHALL BE CUMULATIVELY LIABLE TO THE OTHER FOR (A) ANY LOSS OR DAMAGE IN EXCESS OF $250, OR (B) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PARTY AND/OR ITS SUBSIDIARIES OR AFFILIATES OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SOME INSTANCES, AND TO THAT EXTENT, SUCH LIMITATIONS OR EXCLUSIONS DO NOT APPLY.