TERMS AND CONDITIONS
DISCLAIMER

TERMS AND CONDITIONS

 

The tripshare.com.au facility and network (collectively, "tripshare.com.au" or "the facility") are operated by Geospatial Services ("the Company"). By accessing or using our web site at www.tripshare.com.au.com directly or through one of our affiliates (together the "Site", "web site", "web page"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of and Conditions of Use (or "Agreement"), whether or not you are a registered member of tripshare.com.au. This agreement includes the tripshare.com.au privacy policy and the tripshare.com.au disclaimer, included below.

 

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of and Conditions of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the facility or the Site after any such changes constitutes your acceptance of the new Terms of and Conditions of Use. If you do not agree to abide by these or any future Terms of and Conditions of Use, do not use or access (or continue to use or access) the facility or the Site. It is your responsibility to regularly check the site to determine if there have been changes to these Terms of Use and to review such changes.

 

   1. Your account

         1. All member accounts are governed by and subject to the following rules:

               1. All members completing the registration process must provide us with current, complete and accurate information as prompted by the registration process. You will choose a user id and password. We have the right to refuse to grant you an account at our sole discretion. Registration is necessary for those members who wish to look for travel companions. Regardless of whether you register, you agree to the terms of this agreement and are responsible for your posted journeys.

               2. Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently.

               3. You are entirely responsible for all use of your account and for the confidentiality of your password. You are entirely responsible for any and all statements made and activities that occur through your account. You agree to notify us immediately of any unauthorized use of your account. To protect your privacy, the Company will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen or otherwise compromised.

               4. To cancel your account, you agree to delete yourself from our database on the ‘Your personal Details’ page. In the event of termination, you will remain obligated not to violate the rights of any person or entity with respect to any materials you may have received or downloaded via tripshare.com.au.com.

               5. You are responsible for all telephone or internet access charges related to connecting to tripshare.com.au.

   2. Journey matching and groups

         1. tripshare.com.au does not intend to be a service of any sort, merely a method by which individuals may initiate contact with each other.

         2. Users of tripshare.com.au are advised that no checks whatsoever are made against anyone joining the facility either offering or accepting offers of lifts. Individuals should, therefore, exercise caution and satisfy themselves that the person or persons that they are travelling with are suitable.

         3. The Company takes no responsibility for any personal or financial consequences, which result from the use of this site. We simply provide a "virtual notice board" which allows you to post journeys, search for matches and contact individuals.

         4. Please note that links to websites created and/or maintained by organisations other than the Company are provided as part of the facility we offer. However, the Company cannot accept any liability for their accuracy or content and does not necessarily endorse the views expressed within them. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.

         5. The tripshare.com.au facility is designed to accommodate a diversity of interests and opinions. Just like any community, however, group administrators and participants must conduct themselves in an appropriate manner. The facility may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm Geospatial Services's business interests, constitute a criminal offence, exploit children, violate rights of others, or otherwise violate any applicable local, state, national, or international law. spatial diversity Ltd reserves the right to remove any group or participant, which in its sole judgement, violates these guidelines.

         6. The Company and its affiliates are under no obligation to monitor or review discussions, chats, postings, transmissions, and groups.

         7. Further, tripshare.com.au reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the facility with or without notice to you. tripshare.com.au shall not be liable to you or any third party should tripshare.com.au exercise its right to modify or discontinue the facility.

   3. Rules of online behaviour you agree to the following terms and conditions:

         1. You are prohibited from posting, publishing, distributing, uploading, downloading, disseminating, transmitting or linking to other web sites that contain material which

               1. Is unlawful, defamatory, fraudulent, libellous, threatening, abusive, disruptive, sexually explicit, bigoted, harassing or obscene material;

               2. Would violate the privacy, publicity proprietary or other rights of any person or entity;

               3. Constitutes or promotes a criminal offence, or otherwise violate any local, state, national, or international law.

               4. Contain corrupted files, viruses, trojan horses, worms, time bombs or any other harmful contaminating, or destructive features.

               5. Contain contests, pyramid schemes, chain letters, junk mail, spamming or flaming;

               6. Advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and facilities. Use of tripshare.com.au.com for advertising or promotion of a commercial product or facility without the express, written consent of tripshare.com.au.com is prohibited.

         2. You are prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given you express consent to copy and redistribute online or otherwise, may be uploaded to tripshare.com.au, including any software files or libraries.

         3. You are prohibited from harvesting, aggregating, mining, copying or otherwise collecting information about others, including but not limited to names, email addresses, passwords, telephone numbers and/or usage information without their consent.

         4. You are prohibited from stalking or harassing others. You are further prohibited from creating a user id to creating a false identity for the purpose of misleading others of your identity or to impersonate another person.

         5. You may not attempt to gain unauthorized access to, tamper with, modify, or hack the facility.

         6. Information and materials which you find published on tripshare.com.au may be the property of tripshare.com.au or an information provider, and may be protected by copyright or may contain protected trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.

         7. You may not violate any applicable law or regulation of any relevant jurisdiction.

   4. Policies for members under 18 years of age

         1. For those users under 18, you may not use this facility.

   5. Member representations, warranties and acknowledgment

         1. You warrant that all material that you submit for publication or posting on tripshare.com.au will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. You grant tripshare.com.au a non-exclusive, irrevocable, right to copy, display, sublicense, transmit, and create derivative works to, the information or materials you have published or posted on, or distributed through the facility. tripshare.com.au reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit information that you submit or enter onto tripshare.com.au, including but not limited to electronic message boards, databases, and software libraries. You agree that you will not hold, nor seek to hold, the Company liable for the loss of data or the misappropriation or infringement of any intellectual property right (including but limited to any copyright or moral right) to which you claim ownership.

         2. You acknowledge and agree that neither the Company nor its third party facility providers endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the Company and its third party facility providers do not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the facility. The Company does not control the content posted via the facility and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the facility, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the facility.

         3. Any links included within the facility may permit you to leave the tripshare.com.au web site. You acknowledge that these linked sites are not under the control of liftshare.com and liftshare.com shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. The Company is not responsible and shall have no liability for web casting, or any other form of transmission received from any linked site.

         4. If ordering merchandise and/or facilities from anyone other than the Company, through any commercial facility accessible via the Company, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or facilities. You are solely responsible for fulfilling any contractual/e-commerce or other obligations you assume using the facility. The Company makes no warranties or representations whatsoever with regard to any goods or facilities provided by the seller of the merchandise or facilities and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or facilities or from the actions or inactions of the seller.

         5. You acknowledge that the Company has the right to archive or delete any of your journeys on tripshare.com.au’s facility which are older than 4 months.

         6. You acknowledge that the Company does not represent or warrant the facility will be uninterrupted or error-free, that defects will be corrected.

         7. You acknowledge and agree that the Company shall retain all title, copyright and other proprietary rights in its software and all aspects of the facility. You shall not acquire any rights, express or implied, in the facility, other than those specified in this agreement.

   6. Termination

         1. The Company may terminate your account if it believes, in its sole discretion, that you have violated any of the rules of online behaviour. The Company may also immediately terminate your membership and right to use the facility if:

               1. You breach this agreement

               2. The Company is unable to verify or authenticate any information you provide to the Company

               3. Such information is inaccurate,

               4. The Company decides, in its sole discretion, that you have abandoned your account or

               5. The Company decides, in its sole discretion, to discontinue offering the facility. The Company shall not be liable to you or any third party for termination of the facility. You may terminate the facility with or without cause at any time. Should you object to any terms and conditions of this agreement or any subsequent modifications hereto, or if you become dissatisfied with the facility in any way, your sole recourse is to immediately:

                     1. discontinue use of the facility

                     2. You breach this agreement

                     3. The Company is unable to cancel your account as provided in section ii; and

                     4. Notify the Company of your termination. Upon termination of the facility, your right to use the facility immediately ceases.

   7. No representation or warranties

         1. Your use of the facility is entirely at your own risk. The tripshare.com.au facility is provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability, noninfringement, or fitness for a particular purpose, are made with respect to liftshare.com or any information or software therein. liftshare.com makes no warranty that the facilities and/or any graphics or other content you download from the facility will meet your requirements, or that the facility will be uninterrupted, timely, secure, or error free; nor does liftshare.com, its licensors or suppliers make any warranty as to the results that may be obtained from the use of the facility or as to the accuracy or reliability of any information obtained through the facility or that defects in the facility will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

   8. Limited liability

         1. In no event shall the Company, its licensors or suppliers be liable to you or any third party for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the facility, and/or any graphics or other content, including but not limited to, damages for loss of profits, however caused on any theory of liability (including negligence) even if liftshare.com has been advised of the possibility of such damages. Further liftshare.com shall have no liability to you or other third parties for any third party content uploaded onto or downloaded from the facility. You specifically acknowledge and agree that the Company will not be liable for the conduct, advice or statement of other members, advertiser or third parties.

   9. Indemnification.

         1. You agree to indemnify and hold Geospatial Services, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to:

               1. Your use of the facility, including any content provided under your account;

               2. Any breach of agreement, including any abusive or unlawful behavior on the part of you or your dependents; or

               3. Breach of any warranty or representation.

  10. Entire agreement general terms.

         1. This agreement is governed in all respects by Australian law and the courts of Australia shall have jurisdiction. The user and Geospatial Services agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Australia. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Company’s failure to act with respect to a breach by you does not waive the Company’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party's successors and assigns. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company’s reasonable control. Any notice required or permitted to be given to you under this agreement shall be delivered by electronic mail the email address provided by you during registration. This agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

  11. Privacy policy

         1. Spatial diversity Ltd may collect and disclose data in accordance with this privacy policy.

         2. You expressly consent for the Company to any use or disclosure of your personal identification and other personal information in accordance with this privacy policy.

         3. Due to the existing legal and regulatory environment, Geospatial Services cannot ensure that your personally identifiable information or your private communications will not be disclosed to third parties. By way of example (and without limiting the foregoing), liftshare.com Ltd may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, Geospatial Services can (and you hereby authorize Geospatial Services to) disclose registration data or any information about you to law enforcement or other government officials as Geospatial Services, in its sole discretion, believes necessary or appropriate. Therefore, Spatial diversity Ltd does not promise, and you should not expect, that personally identifiable information or private communications will always remain private.

 

Privacy Policy

 

Your privacy on the Internet is of the utmost importance to us. Because we gather certain types of information about the users of tripshare.com.au, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it.

 

   1. Information tripshare.com.au Gathers and Tracks

         1. tripshare.com.au gathers two types of information about users: data that users provide through optional, voluntary registration; and data tripshare.com.au gathers through tracking information derived mainly by tallying page views and journey plan posts throughout the tripshare.com.au site. Such information enables us to better tailor our features and content to users' needs.

         2. tripshare.com.au currently gathers user information in the following processes:

               1. Optional Registration

                  tripshare.com.au offers free, voluntary registration to users. By registering, users can enter journey trips; they can take advantage of personalization and they have the ability to edit existing journey trips.

                  During registration the user is required to supply information including their name, car details, car registration, an email address and/or telephone number.

               2. Surveys

                  Occasionally, tripshare.com.au conducts user surveys to better understand the needs of our audience in order to improve our features. We never share any information about specific individuals with any third party without user's express consent.

   

          

   2. Use of the Information

         1. tripshare.com.au uses any information given by our users to enhance their experience, whether to provide interactive or personalized elements on the tripshare.com.au site or to better prepare future features based on the interests of our users.

         2. tripshare.com.au may also send the user email notifications of specific changes to our facility. tripshare.com.au never shares individual email addresses, telephone numbers or postcodes with any third parties, including advertisers or partners, without prior consent from our users.

         3. If during registration a member opts to be contacted by telephone then their telephone number will be viewable by other members of the scheme.

   3. Sharing of the Information

         1. tripshare.com.au does not share individually identifiable information about specific users with any third party without prior consent from the user.

   4. Correct/Update Policy

         1. tripshare.com.au offers users the ability to correct or change the information collected during registration process (see above). The instructions for doing this can be found by clicking on the Your personal Details link. Users may change this information at any time and as often as necessary. Users may also delete their account at any time by contacting support@tripshare.com.au. Users who are experiencing problems or who have any questions can contact us at support@tripshare.com.au.

 

DISCLAIMER

 

ATTENTION: YOU MUST BE AT LEAST 18 YEARS OF AGE TO ENTER INTO THIS AGREEMENT AND USE TRIPSHARE.COM.AU

 

tripshare.com.au does not guarantee the accuracy, completeness or usefulness of any information contained on the webpage. tripshare.com.au does not warrant other harmful components and does not warrant that the functions and the materials contained on the webpage will be uninterrupted or error-free or that errors will be detected or corrected. tripshare.com.au is not responsible for requests or correspondence lost or delayed in the mail or via electronic mail.

 

The listing of any person, organisation, product or service on this internet site does not constitute, in any way, any form of endorsement by tripshare.com.au of that person, organisation, product or service.

 

   1. tripshare.com.au does not intend to be a facility of any sort, merely a method by which individuals may initiate contact with each other.

   2. Users of tripshare.com.au are advised that no checks whatsoever are made against anyone joining the facility either offering or accepting offers of lifts. Individuals should, therefore, exercise caution and satisfy themselves that the person or persons that they are travelling with are suitable.

   3. Spatial diversity Ltd takes no responsibility for any personal or financial consequences, which result from the use of this site.

   4. Please note that links to websites created and/or maintained by organisations other than spatial diversity Ltd are provided as part of the facility we offer. However, spatial diversity Ltd cannot accept any liability for their accuracy or content and does not necessarily endorse the views expressed within them. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages.

 

 

RESPONSIBILITY

tripshare.com.au accepts no responsibility for the results of any actions taken on the basis of information on this internet site, nor for the accuracy or completeness of any material contained herein. tripshare.com.au expressly disclaims all and any liability and responsibility to any person in respect of the consequences of anything done or committed to be done by such person in reliance, whether wholly or partially, upon this internet site. tripshare.com.au accepts no responsibility for any loss, damage or injury suffered as a direct or indirect result of the use of this site.

 

ACCEPTANCE OF TERMS AND CONDITIONS

By using the tripshare.com.au’s service in any way, you are agreeing to comply with these Terms and Conditions. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and a modem or other access device. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Should you object to any part of these Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with tripshare.com.au in any way, your only recourse is to immediately discontinue use of tripshare.com.au.

 

DISCLAIMER OF WARRANTIES

 

You understand and agree that use of tripshare.com.au website and its service is entirely at your own risk. tripshare.com.au website and its service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express, implied, statutory or any other warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, Geospatial Services disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of tripshare.com.au website and its service and assumes no responsibility for the retention, deletion, misdelivery or failure to store any user communications and specifically does not warrant that your use of tripshare.com.au website or its service will be secure, uninterrupted, always available or error-free, or will meet your requirements or needs, or that any defects in tripshare.com.au’s service will be corrected. To the fullest extent permitted by law, spatial diversity Ltd disclaims any warranties for other services or goods received through or advertised on tripshare.com.au site or its service, or accessed through any links on tripshare.com.au website. To the fullest extent permitted by law, Geospatial Services disclaims any warranties for viruses or other harmful components in connection with tripshare.com.au site or its service.

 

LIMITATIONS OF LIABILITY

 

Under no circumstances shall Geospatial Services be liable to you or any other person other than you for direct, indirect, incidental, special, consequential or exemplary damages (even if Geospatial Services has been advised of the possibility of such damages), resulting from any aspect of your use of tripshare.com.au website or its service, whether the damages arise from use or misuse of tripshare.com.au or its service, from inability to use tripshare.com.au website or its service, including but not limited to cost of procurement of substitute services or service interruptions or the interruption, suspension, modification, alteration, or termination of tripshare.com.au website or its service, including but not limited to damages for loss of data and/or loss of programs. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with tripshare.com.au website or its service or any links on tripshare.com.au website, as well as by reason of any information or advice received through or advertised in connection with tripshare.com.au website or its service or any links on tripshare.com.au website. These limitations shall apply to the fullest extent permitted by law. notwithstanding anything to the contrary contained herein, spatial diversity Ltd liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Geospatial Services for the service during the term of use. In addition, Geospatial Services disclaims all liability, regardless of the form of action, for the acts or omissions of other users, including unauthorized users ("hackers") of tripshare.com.au website or its service.

 

You understand and agree that Geospatial Services makes no representations whatsoever regarding users of tripshare.com.au website or its service, including, but not limited to a user’s personal character, behavioural and personality traits, competency and/or license to operate a motor vehicle, or physical and mental health. furthermore, you understand and agree that it is possible for other users of tripshare.com.au website or its service or unauthorized parties (including “hackers”) to obtain personal information about you due to your use of tripshare.com.au website or its service, and that the recipient may use said information to contact and/or harass you or even injure you or cause your death. you understand and agree that Geospatial Services is not responsible for the use of any personal information that may choose to disclose on tripshare.com.au’s service and that you the user remain solely responsible for the content of the information you post in the public areas of tripshare.com.au’s service and in your email messages and/or phone or instant message conversations with other individuals.

 

You understand and agree that under no circumstances will spatial diversity Ltd be responsible for any loss, damage, or injury, including even death, resulting from anyone's reliance on information or other content posted on tripshare.com.au  website or its service, or transmitted to another individual via tripshare.com.au website or its service.