If you have any questions or comments concerning the Terms or the Service, please send us an email at firstname.lastname@example.org.
The Service provides users with public transit related information, including live, offline and online map information, line and station views, routing, live arrivals and departures, estimated times of arrival and service alerts. It also includes relevant information from transit agencies including location of transit stops, name of transit agency, timetable and frequency of transit routes, delivers transit-related alerts and User advisories (collectively, the “Public Transit Information”).
arevo also integrates, provides and collaborates with third party providers to provide additional transit and transit-related services, including on-demand transit services such as public scooter or e-bike sharing services, car-on-demand rental services and links to related payment services. As part of the Public Transit Information, arevo also delivers to Users information about such third-party transit-related services. arevo continuously updates its Service with new offerings of new transportation means and transit related services and features, some of which may be experimental and/or offered in limited locations.
The Service makes use of detailed location and route information, including the GPS signals and other information sent by your mobile device on which the Service is activated. Certain features of the Service cannot be provided without this technology.
As a condition of use of the Service you agree that we (and arevo's platform service provider on arevo's behalf) will collect and use your Personal Information, together with other relevant information collected from the Service for the primary purpose of providing the Service.
In order to use the Service, you agree to provide Personal Information about yourself and you acknowledge and agree that we may:
- collect and use your Personal Information as set out in the arevo Privacy Notice;
- collect, monitor and store your location to provide services in connection with the provision of the Service;
- disclose information (including Personal Information) to you and to third parties through whom we provide services in connection with your use of the Service (including to improve and enhance the Service) and as described in the arevo Privacy Notice;
- retain and use information collected through the Service as described in these Terms, the arevo Privacy Notice or as otherwise permitted by law.
We may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information) for research purposes and to help us enhance and improve the Service and to develop current and future services and functionality, and for other purposes of our business. We may share non-personal aggregate, or summary, information with partners or other third parties (this is a customary online practice). For example, we might provide a count of users from a particular area or utilise location data in an anonymous manner to develop and improve mobility information products. We will always ensure that any Personal Information has been removed before aggregate information is provided to third parties or partners.
You agree that RACV and its related bodies corporate may contact you with marketing and information about their products and services, discounts, special offers, competitions and invitations to special events, for an indefinite period unless and until you opt out of receiving these communications. You agree that any contact details provided by you can be used for these communications, including to contact you by post, phone, email and SMS. If at any time you wish to opt out from receiving these communications, please let RACV know by using the "Opt Out" instructions in the RACV Privacy Charter (available at www.racv.com.au) or any opt out means provided in the communications.
(definitions) For the purposes of this clause:
Device means any and all of an Android Device, an Apple Device, or any other Device used to access the Service.
Android Device is a device that operates an operating system known as an “Android” operating system or which is commonly associated with Google Inc or the products or services promoted on or through or associated with www.google.com or the Google Play Store (including at play.google.com) or www.android.com.
Apple Device is a device made available by or through, or commonly associated with, Apple Inc or the products or services promoted on or through or associated with www.apple.com or “iTunes” or the Apple “App Store” (including at www.itunes.apple.com).
You acknowledge that these Terms are between you and us and not with Apple or Google. As such, Apple or Google have no obligation whatsoever to:
- furnish any maintenance or support services with respect to the App;
- address any claim related to the Service and your possession and use of the Service, including but not limited to:
- product liability;
- any claim that the Service fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation;
- any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights.
You acknowledge and agree that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” company and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Suspension and Termination
At any time, we may temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to us under any applicable law. Such actions by us may be taken if we deem that you have breached any of these Terms in any manner.
You agree that we may, at any time in our sole discretion, without any notice to you change any or all aspects of the Service (including their appearance, content and functionality), including by issuing and installing updates on devices on which you have installed the Service.
You must not, without our prior written consent, do or attempt to do (or directly or indirectly ask, direct, invite or permit any other person to do or attempt to do), any of the following things:
- commercial use: charge any person any direct or indirect fee in any form for, or in connection with, any accessing of the Service;
- modification: modify any component of the Service in any way (including by changing content or functionality or appearance, or by removing notices such as copyright notices);
- reproduction: reproduce, republish or otherwise make available through any means (including by, on or through other privately or publicly accessible media such as on drives, databases, the internet, in newspapers, journals, television or radio) the Service or any content associated with the Service (including content on which the Service are based or that makes provision of the Service possible);
- translate, manipulate, improve or adapt: translate, decompile, reverse-engineer, extract the source-code of, make any improvements to, or make any derivative works based on, the Service or any content associated with the Service (including content on which the Service are based or that makes provision of the Service possible);
- combine or ‘mashup’ or contaminate our results: make use of or process the information or results produced by or through the Service in such a way as to combine or ‘mashup’ such information or results with other information sources so as to create or display a new single set of results visible to an end user who makes use of such information, where the single set of results is presented in a way that does not allow that end user to identify with ease and perfect accuracy which of the results visible to them were produced by the Service;
- misleading others: do anything (including by making any representation or utilising any design or code, such as website framing) that could actually or potentially mislead or deceive a person into believing that any component of the Service is being provided by any person other than us or a person appropriately authorised by us; and
- prohibited uses: Access the Service or any content associated with the Service (including content on which the Service are based or that makes provision of the Service possible) by any means or for any purpose:
- unauthorised purposes: other than for the purposes for which the Service are intended to be used;
- unauthorised access: that involves interfering with or hindering the Service, or Accessing or trying to Access: (i) the Service in ways other than using the interfaces, tools, environments and instructions we provide; or (ii) any component of the Service that you are not authorised to Access (including components relating to the functionality and operation of the Service, or that house information of any kind);
- advertising: that promotes any other product or service, other than as explicitly invited or permitted as part of any inherent advertising functionality built in to the Service specifically for the purposes of promoting or adverting third party goods or Service;
- automated information mining: that involves the automated bulk collection of data or information from or through the Service (where ‘bulk collection’ means collection that would exceed that which a reasonable personal user would be expected to collect for personal, non-commercial use);
- damaging use: that is contrary to our interests (including to encourage users of the Service to use other Service that are similar to, in competition with or substitutes for, the Service);
- illegal use: that would be unlawful under any relevant law;
- infringing use: that infringes our rights or the rights of any other person; or
- unsafe use: in any way (including on mobile devices) that distracts you unsafely, such as when you are operating vehicles or heavy machinery or when you are required to concentrate on your surroundings (including when you need to obey traffic, workplace or safety laws).
- you must immediately uninstall the Service from all locations and devices on which you have them installed;
- you are no longer authorised to access the Service (and you must stop doing so immediately, other than solely to uninstall the Service as required above); and
Our rights: We own, or have licences under or authorisations from third parties with respect to, all intellectual property rights in and in relation to the Service (including in relation to all content in, used by, generated, produced and provided by the Service). Such intellectual property rights are protected by Australian and international laws (including laws relating to copyright and trade marks).
You must not copy, reproduce, alter, modify or display in public any of the material on the Service, or otherwise incorporate it into, or store in any other websites, electronic retrieval system, publication or other work in any form.
The RACV and arevo logos are registered trademarks of RACV. Other trademarks may be displayed on the Service from time to time. These may belong to RACV or to third parties. Nothing displayed on the Service should be construed as granting any licence or right of use of any logo or trademark displayed on the Service, without the express written permission of the relevant owner.
You acknowledge and agree that you do not obtain a right of ownership of any Intellectual Property Rights (including copyright) in the Service and you may only use the Service for your own personal use.
You acknowledge that the Service will utilise your Device for the purposes of transmitting and receiving information, and that;
1. this transfer of information is facilitated by your telecommunications carriage provider using your mobile phone carriage and data plan; and,
2. we are not responsible for the provision of an appropriate mobile phone carriage and data plan; and,
3. we are not liable for any costs or charges incurred by you as a result of your use of the Service.
If you Contribute content
If you contribute (or if you would like to contribute) content to, or in connection with, the Service in any way (including by submitting, posting or entering data or information, or making tools, code or functionality available), you agree to the following (unless you have our prior written consent otherwise):
- permitted purposes only: you must only contribute content for the purposes of using the Service for the purpose for which they are intended to be used, and as otherwise permitted by us in writing;
- you are responsible: you are legally responsible and liable for all content you contribute, and for the consequences of and events caused by your contributions;
- your warranties: you warrant that:
- required rights: you have all the required ownership rights, permissions and licences (including with respect to confidential information and intellectual property rights, including trademarks, copyright and related moral rights) to contribute the content you contribute; and
- nature of content: all content you contribute: (i) is true and accurate; (ii) does not infringe the rights (including with respect to confidential information and intellectual property) of any other person; (iii) is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, vilifying, obscene, pornographic or indecent; (iv) is not Contributed in contravention of any applicable law or in contempt of any court or parliament; (v) does not contain any computer virus or malware or other harmful or potentially harmful components; and (vi) is not capable of being used for any purpose other than for the purposes for which the Service are intended to be used
- our control: we may, for any reason at any time and in our sole discretion, without any notice to you, edit, block or delete any content you contribute;
- our rights: you grant to us a perpetual, sub-licensable, royalty-free, non-exclusive, world-wide licence to use, in our discretion (including by copying, re-distributing, adapting, transmitting, publishing, broadcasting, publicly performing and displaying in any media), any content you contribute (and you warrant that you have the necessary or rights and powers to grant such a sub-licensable licence to us), provided that we may only do so for the purpose of being able to provide, maintain, understand, manage and improve the Service;
- moral rights: you consent (and warrant that you have all rights necessary to grant such consent) to us doing the following things in relation to the content you contribute: (i) not attributing you or any person as the author of such content; (ii) attributing any other person as the author of such content; and (iii) modifying, altering or using such content in any way in our discretion (even if this is done in a way that would constitute derogatory treatment of such content or would affect the reputation of the author of such content) provided that we may only do so for the purpose of being able to provide, maintain, understand, manage and improve the Service and the services of others with whom we interact in connection with our provision of, or your Accessing of, the Service.
Third party services and input
- To the full extent permitted by law, we do not endorse, nor are we responsible or liable in any way for (or in connection with the Accessing of) any content, services and other functionality provided by third parties which we or you Access in connection with your Accessing the Service or our providing the Service.
Referrals (including links and advertisements) and content at external locations
A reference in this section to:
- a “Referral” is a reference to a link, advertisement, referral and all other content or functionality that makes you aware of, or directs you to, anything (including any content or service or offering) provided by a person other than us; and
- “External content” is a reference to content on an External Location, where such content is not part of the Service (for example, if a widget forming part of the services is deployed on an External Location, then all the content other than the widget is considered “External content” for the purposes of this clause).
To the full extent permitted by law: (i) we do not endorse, nor are we responsible or liable in any way for anything (including any content, products or services) available, Accessed or purchased as a result of any Referral or through any External content; and (ii) if you Access or purchase content, products or services as a result of any Referrals, or through or based on any External content, you do so entirely at your own risk.
We make no representation in relation to and does not warrant that functions available on the Service will be uninterrupted or error free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or bugs.
You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Calculators other features of the Service
The Service may contain or offer tools, software programs or other features to assist you to plan and optimise your mobility.
While we have taken all due care to ensure that these features or the information they contain and produce are accurate and free from errors and defects, we do not warrant their accuracy, adequacy, correctness or completeness. Any use of these features is at your own risk.
Changes to the Service
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
Additionally, we may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with, the termination of the Service’s operation and loss of any data.
Amendment of Terms
We may change the Terms from time to time, at its sole discretion and without any notice, including the arevo Privacy Notice and the Privacy Charter at racv.com.au/privacy. Substantial changes of these Terms will be notified to you via the Service. All changes to these Terms are effective as of twenty-one (21) days as of the date stated as “Last Updated”, and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
(No representations): To the full extent permitted by law, we make no representations or warranties (including in relation to availability, currency, accuracy, suitability, security, virus-free nature, malware-free nature, safety, effectiveness, performance, reliability, support, improvements, updates, merchantability, or fitness for any particular purpose) with respect to the Service (including with respect to their content or functionality, and including those components of the Service that use, reflect or convey content and other functionality provided by third parties).
(General information only): The Service (including all content and functionality used, deployed or made available through the Service) are provided as general information only and should not be relied upon:
- in place of professional or expert advice; or
- in circumstances of emergency or urgency or any other situation where a failure or deficiency with respect to the Service (including in relation to their availability, currency, accuracy, suitability, security, virus-free nature, malware-free nature, safety, effectiveness, performance, reliability, support, improvements, updates, merchantability, or fitness for any particular purpose) could result in harm or damage of any kind to any thing or any person (including to you).
(Use around the world): we make no representation that the Service, or your Accessing them, comply with the laws of any country outside Australia. If you Access the Service in or from a country outside Australia, you are solely responsible for ensuring that doing so is in compliance at all times with all laws in the place where you are located.
Liability and Indemnity
(Exclusions): We do not exclude any rights and remedies available to you in terms of the Australian Competition and Consumer Law (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the Service which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may be implied by law and to the full extent permitted by law, neither we nor our employees, officers, agents or contractors, nor their employees, officers, partners, agents or contractors, shall be responsible or liable for any loss or damage (including, without limitation, any direct, indirect or consequential loss or damage, loss of profits, loss of data or loss of opportunity) howsoever caused (whether under statute, in contract, tort (including negligence) or otherwise), in connection with, or arising as a result of, you or any other person Accessing the Service.
(No claims): To the full extent permitted by law, you agree that you will not make any claim or commence proceedings of any nature against us in connection with our provision of, or your Accessing of, the Service (including in relation to their availability, currency, accuracy, suitability, security, virus-free nature, malware-free nature, safety, effectiveness, performance, reliability, merchantability, or fitness for any particular purpose, and including in relation to any third-party services to which you are directed or exposed in connection with or as a result of your Accessing of the Service or our providing the Service).
(Capped): To the full extent permitted by law, in so far as our liability (and/or that of our employees, officers, agents or contractors and their employees, officers, partners, agents and contractors) may not be excluded, such liability is limited, at our discretion, to the resupply again of any good or service giving rise to the relevant liability, or payment of the cost of having the good or service giving rise to the relevant liability performed again, or the replacement or repair of goods or services giving rise to the relevant liability or the payment of the cost of having such goods or services replaced or repaired, or the refund by us to you of some or all of any periodic fees paid by you in connection with the provision of a good or service in relation to which the relevant liability arose (eg a refund of some or all of a monthly fee with respect to the month in which the good or service giving rise to liability was provided), or the payment of a maximum aggregated total amount (aggregated across all claims made by all separate claimants in connection with the Service) of AUD500.00.
You agree to indemnify us and our employees, officers, partners, agents and contractors and our related bodies corporate and their employees, officers, partners, agents and contractors (“the Indemnified”) from and against all costs (on a full indemnity basis including, without limitation, reasonable legal and accounting costs) damage, loss and liabilities that any or all of the Indemnified may incur or suffer in connection with any claims, demands, actions or proceedings brought or made against any or all of the Indemnified by any person in connection with, resulting from, or alleged to result from:
- your Accessing of the Service;
- any act or omission of yours or of any of Your officers, employees, agents or contractors in connection with the Service (including in relation to the availability, operation, maintenance or Accessing of the Service).
We hold the benefit of the indemnity in this clause on trust for each of “the indemnified” (as defined in clause (a)) and can, if requested by any of them, enforce it on their behalf.
You acknowledge that such third-party providers are independent from the Service and we are in no way responsible for, liable for, nor makes any representations on behalf of, such third-party providers. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused or alleged to be caused by or in connection with Your use of or reliance on any goods, services, content, products or other materials available on or through the Service.