Last updated: 25/07/2011
In these terms and conditions or any subsequent amendments and/or additions to these terms and conditions as published on the SUNA Traffic internet site at www.sunatraffic.co.nz/termsandconditions/
- “Agreement” means these Terms and Conditions.
- “Application” means any third party provided application that is authorised and able to use SUNA Products and/or Services
- “Approved Navigation Devices” means any in-vehicle units or personal navigation devices which are listed from time to time on www.sunatraffic.co.nz and where such a device is authorised and able to receive SUNA Products and/or Services.
- “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 SUNA Products and/or Services.
- “Data Supplier” means a legal entity (for example, the State of Queensland) which supplies Licensed Data.
- “Device Manufacturer” means a manufacturer, distributor of an Approved Navigation Device or provider of an End User product or service that utilises SUNA Products and/or Services.
- “End User” means a person, firm or company with a Web Browser, Approved Navigation Device or other Application receiving or using SUNA Products and/or Services. .
- “Intelematics” means Intelematics Pty Ltd (ACN 084 882 584), the owner and operator of SUNA Products and/or Services.
- “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 SUNA Products and/or Services provided or made available to the End User.
- “SUNA Predictive” means the traffic and travel data that displays or utilises an average travel times and/or average speed for particular road segments in the Territory at 15 minute or other intervals for each day of week or specified day types.
- “SUNA Products and/or Services” means the traffic and travel information service provided by Intelematics which include:
- the SUNA Traffic Channel, where it is broadcasted via RDS-TMC, TPEG or delivered via any other delivery format in the Territories and is displayed on Approved Navigation Devices;
- SUNA Predictive, which is stored and used on Approved Navigation Devices or in conjunction with other End User products or Applications;
- SUNA Traffic Channel or SUNA Predictive which are displayed on Web Browsers; or
- other content and material provided by Intelematics from time to time which is utilized or displayed by Approved Navigation Devices, Web Browsers and/or other End User products or applications.
- “SUNA Traffic Channel” means the traffic and travel information update service provided by Intelematics.
- “Territories” means Australia and New Zealand
- “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 Products and/or Services. .
By using SUNA Products and/or Services, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions.
This Agreement shall commence upon the Commencement Date and shall continue for so long as the End User use SUNA Products and/or Services and, if applicable, maintains its Approved Navigation Device in accordance with the Device Manufacturer’s instructions or directions.
4. Installation and Maintenance of Applications, Web Browsers or Approved Navigation Devices
4.1 Intelematics is not responsible for installation of Approved Navigation Devices, Web Browsers or other third party provided Application into the Vehicle or appropriate device, respectively. Intelematics makes no representations regarding the installation of Approved Navigation Devices, Web Browser or Application by any person (including, for example, persons authorised by the Device Manufacturer).
4.2 Intelematics does not provide support or assistance for the use or maintenance of Approved Navigation Devices, Web Browsers or Applications and all questions or requests for assistance should be directed to the Device Manufacturer of the Approved Navigation Device or the provider of the Web Browser or Application from which SUNA Products and/or Services are used.
5. Provision of the SUNA Traffic Channel and other SUNA Products and/or Services
5.1 Intelematics will use reasonable endeavours to provide the SUNA Traffic Channel 24 hours a day, 365 days a year.
5.2 Intelematics will use reasonable endeavours to conduct all necessary maintenance relating to the SUNA Traffic Channel during ‘off-peak’ times, but does reserve the right to withdraw the SUNA Traffic Channel at any time.
5.3 SUNA Products and/or Services are intended as an aid to personal motoring and related travel planning, and do not provide comprehensive or accurate information on all occasions. On occasions, the End User may experience additional delay as a result of using SUNA Products and/or Services. 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 SUNA Products and/or Services will mean that the End User agrees to any changes that may be made by Intelematics and posted on the SUNA Traffic Channel website www.sunatraffic.co.nz .
6. Use of SUNA Products and/or Services in Vehicles
6.1 End Users and Authorised Drivers of a Vehicle in which SUNA Products and/or Services are active or are capable of being utilized 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 SUNA Products and/or Services in a Vehicle.
6.2 In particular, End Users and Authorised Drivers agree to only actively use or operate SUNA Products and/or Services on their Approved Navigation Device in accordance with the Device Manufacturer’s instructions and only when the Vehicle is at a complete stop and it is safe to do so.
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 SUNA Products and/or Services, Licensed Data and any Licensed Data Products for its own personal use. For the avoidance of doubt, the ability of End Users to use SUNA Products and/or Services in its ordinary course of business does not extend to:
- anything which is prohibited in this Agreement;
- on-selling or distributing to third parties Licensed Data or Licensed Data Product for reward or otherwise; or
- recording, packaging or transferring any Licensed Data or Licensed Data Product 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 SUNA Products and/or Services. Should the Data Supplier experience difficulties with the supply of the Licensed Data, Intelematics may be unable to provide certain SUNA Products and/or Services. 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 SUNA Products and/or Services 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 SUNA Products and/or Services will work in adverse conditions or in the event of force majeure.
- you access and/or use the SUNA Products and/or Services in Australia and except for any representations, guarantees and warranties that are implied by law into this agreement, or which are otherwise granted to the End User by law (including any consumer guarantees provided under schedule 2 of the Australian Competition and Consumer Act (2010) (Australian Consumer Law)), which cannot lawfully be excluded or modified, the SUNA Product and Service, Licensed Data, and Licensed Data Products (collectively, Products and Services) are provided to the End User “as is” with all faults and neither Intelematics, the Device Manufacturer or any Data Supplier provide any representations, guarantees or warranties in respect of any of the Products and Services; or
- you access and/or us the Products and Services in New Zealand and where the Products and Services are not supplied for business purposes, the consumer guarantees provided under Parts 1 and 4 of the Consumer Guarantees Act 1993 (New Zealand Consumer Law) will apply.
Except for those guarantees which cannot lawfully be excluded or modified, none of Intelematics, the Device Manufacturer or any Data Supplier make or provide any other representations, guarantees or warranties in respect of any of the Products and Services
8.2 Except for any liability that cannot lawfully be excluded (including any liability under Australian or New Zealand Consumer Laws) under no circumstances will Intelematics, the Device Manufacturer or any Data Supplier be liable to the End User for any loss, damages, claims or costs whatsoever (including any consequential, indirect or incidental damages), regardless of how they arise.
8.3 The Products and 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. To the full extent permitted by law, neither Intelematics, the Device Manufacturer or any Data Supplier shall be liable for any loss or damage caused by the acts or omissions of the End User, or any Authorised Driver of a Vehicle.
8.4 For the avoidance of doubt, nothing in this agreement purports to modify or exclude the representations, guarantees and warranties and other legal rights provided to the End User under the Australian or New Zealand Consumer Laws or any other laws of any jurisdictions.
9.1 The End User may, at any time, terminate this Agreement by no longer using SUNA Products and/or Services on the Approved Navigation Device or Web Browser (as the case may be).
9.2 Intelematics may terminate this Agreement with immediate effect:
- on written notice to the End User’s the Device Manufacturer; or
- by posting a notice, which is made available to the public, on Intelematics’ website,
- any government or other regulatory approvals for the use of SUNA Products and/or Services is withdrawn, suspended or amended at any time; or
- 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.
10.1 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.