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Terms for the Linkt app

  1. General
    1. This app ("App") is provided by Tollaust Pty Ltd ABN 37 050 538 693 ("we", "us" or "our") under the brand Linkt.
    2. By clicking 'Accept' when downloading this App, you accept these terms of use (“Terms”). Your use of this App is also subject to the terms of the customer service agreement you have entered into in relation to your Linkt account (“Agreement”).
    3. By using this App, you confirm that you have read and accepted our Privacy Policy, which describes how we collect, disclose and use your personal information, and our Credit Reporting Policy, which lists the credit reporting bodies to which we may disclose your personal information if your account is in default. 
    4. We may change these Terms at any time by making revised Terms available on the App and notifying you that the Terms have changed.  You accept the revised Terms when you continue to use the App after a change to the Terms has been notified to you. 
  2. Use of the App
    1. In order to access and use the services provided by this App ("Services"), you will need to have registered for a Linkt account with a user name and password. You can create a Linkt account with a user name and password either through the Linkt website or the App. You will need to use this user name and password to use the Services. You are responsible for keeping this user name and password secure. 
    2. You are responsible for all activity and use of the App carried out using your Linkt account. You must comply with all applicable laws when using this App, which includes not using this App while driving or using the App to engage in any illegal conduct or activity.
    3. We, other members of the Transurban Group and our respective employees will not be responsible for any loss, damage, cost or expense arising from any failure to comply with the requirements in paragraph 2.2 above. 
    4. You are solely responsible for any data or network charges incurred when using this App.
  3. Licence to use the App
    1. Subject to your compliance with the Terms, we grant you a revocable, non-exclusive, non-transferable licence to use the App and the Services: 
      1. on an Apple device that you own or control, in the manner permitted by the Terms and the Apple App Store Terms and Conditions provided at https://www.apple.com/legal/internet-services/itunes/au/terms.html; or
      2. on an Android device that you own or control, in the manner permitted by the Terms and the Google Play Store Terms of Service provided at https://play.google.com/intl/en_au/about/play-terms.html.
    2. You agree that: 
      1. the unencumbered ownership of all intellectual property associated with the App and the Services (including data generated using the App or the Services) (Developed IP) vests in us on creation and, to the extent applicable, you assign the unencumbered legal and beneficial ownership of all Developed IP to us; and 
      2. nothing in these Terms, or your use of the App and/or Services, grants or transfers any rights, title or interest to you in relation to the App, the Services (including data generated using the App or the Services).
  4. Suspension and Termination of Account and App
    1. The Terms are effective until terminated. We can terminate the Terms at any time by providing reasonable written notice to you. We can also limit, suspend, terminate, modify or delete your access to this App and the Services if you are, or we suspect that you are, failing to comply with the Terms, or otherwise in accordance with the Agreement.
    2. We provide you with support for the App and Services in our sole discretion. We reserve the right to stop supporting the App or the Services at any time. 
  5. Terms and Conditions of Apple and Google
    1. The Terms are between you and us. Neither Apple nor Google has any obligation to provide any maintenance or support services with respect to the App.
    2. By using the App you agree that either Apple or Google and their respective subsidiaries will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary to the Terms.
    3. Neither we, Apple nor Google will be responsible, subject to the Terms, for addressing any claims instigated by you relating to the App, including, but not limited to:
      1. product liability claims;
      2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
      3. claims arising under consumer protection or similar legislation.
    4. In the event of any third party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, we, and neither Apple nor Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    5. By using the App, you represent and warrant that:
      1. 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' country; and
      2. you are not listed on any U.S. Government list of prohibited or restricted parties.
  6. General
    1. The following sections in the our website Terms of Use will apply to your use of this App on the basis that references to "Terms of Use" are replaced with the word "Terms", references to the word "website" are replaced with the word "App" and references to the word "browser" are replaced with the word "phone":
      1. section headed "Software downloads";
      2. section headed "Trademarks, copyright and linking to this website";
      3. section headed "Unacceptable activity";
      4. section headed "Warranties";
      5. section headed "Liability and complying with laws"; and
      6. section headed "General". 
  7. Governing law
    1. The Terms and your use of this App are governed by New South Wales law.