Terms, Conditions, Refunds & Privacy
Road Angels Terms & Conditions for End Users
The terms and conditions stated herein (collectively, this “Agreement” or “Terms of Service”) constitute a legal agreement between you (“You,” “Your,” or “Yourself”) and Road Angels Pty. Ltd. (“Road Angels”). By using any applications, information, services, websites or other products provided to you by Road Angels (collectively, the “Platform”), and downloading, installing or using any associated software or applications provided by Road Angels which purpose is to enable you to use the Platform (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions set forth in this Agreement, and any future amendments to this Agreement as documented on the Road Angels website and Platform. Road Angels reserves the right to modify the terms and conditions of this Agreement or its’ policies relating to the Platform or Software at any time, effective upon posting of an updated version of this Agreement on the Platform or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Platform or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at support@roadangels.com.au ROAD ANGELS DOES NOT PROVIDE ROADSIDE ASSISTANCE, TOWING SERVICES OR OTHER SERVICES FROM THIRD PARTIES IN OTHER CATEGORIES (COLLECTIVELY, THE “THIRD PARTY SERVICES”). ROAD ANGELS IS A DIRECTORY SERVICE HELPING USERS FIND THIRD PARTIES TO PROVIDE SUCH THIRD PARTY SERVICES (THE “THIRD PARTY SERVICE PROVIDERS”). IT IS UP TO THE THIRD PARTY SERVICE PROVIDER TO OFFER THEIR THIRD PARTY SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF ROAD ANGELS SOFTWARE OR PLATFORM. ROAD ANGELS OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY SERVICES FROM THIRD PARTY SERVICE PROVIDERS, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE THIRD PARTY SERVICES OR ACT IN ANY WAY AS A THIRD PARTY SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD PARTY SERVICES PROVIDED TO (OR FAILED TO BE PROVIDED) NOR FOR THE ACTIONS OR INACTIONS OF ANY THIRD PARTY SERVICE PROVIDERS. ANY INDIVIDUALS WHO PROVIDE ANY THIRD PARTY SERVICES ARE NOT EMPLOYEES NOR CONTRACTORS OF ROAD ANGELS BUT RATHER OF THIRD PARTY SERVICE PROVIDERS, AND ROAD ANGELS IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS. The Platform is a communications platform for enabling the connection between individuals seeking to obtain Third Party Services and/or individuals or companies seeking to provide Third Party Services. Road Angels does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Third Party Service Providers. When interacting with Third Party Service Providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Platform, you agree to hold Road Angels free from the responsibility for any liability or damage that might arise out of the transactions involved. NEITHER ROAD ANGELS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM OR THIRD PARTY SERVICES NOR ANY THIRD PARTY SERVICE PROVIDERS. ROAD ANGELS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THE THIRD PARTY PLATFORMS.
Representations and Warranties
By using the Software or Platform, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Platform because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits or you must not use the Software and Platform. Without limiting the foregoing, the Platform and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts, unless they have consent and permission of a parent or guardian. By using the Software or Platform, you represent and warrant that you are at least 18 years old, or have the consent of a parent or guardian, and/or are otherwise capable of entering into binding contracts. By using the Software or the Platform, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Platform and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Platform you agree to comply with all applicable laws from the country, state and city in which you are present while using the Software or Platform. You may only access the Platform using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. Road Angels is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. By using the Software or the Platform, you agree that:
- You will only use the Platform or Software for lawful purposes; you will not use the Platform for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Platform or Software to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Platform or Software in any way whatsoever.
- You will not copy, or distribute the Software or other content without written permission from Road Angels.
- You will only use the Software and Platform for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification provided to you which allows access to the Platform.
- You will provide us with whatever proof of identity Road Angels may reasonably request.
- You will only use an access point or data account which you are authorized to use.
- You will not portray Road Angels or its affiliates in a negative manner or otherwise portray its Platforms in a false, misleading, derogatory or offensive manner.
- You will not post or transmit any photograph or likeness of another person without that person’s consent, if and to the extent necessary under applicable laws.
- You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Platforms for commercial purposes (other than as expressly permitted by the Platform and by the provider of such information, software or other material).
- You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Platforms which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
- If you believe that any content made available in connection with the Platform or Software infringes your copyright, you (or your agent) may send Road Angels a notice requesting that the content be removed, or access to it blocked.
License Grant & Restrictions
Road Angels hereby grants you a non-exclusive, non-transferable, right to use the Software and Platform, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Road Angels and its licensors. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the Software in any way; (ii) modify or make derivative works based upon the Platform or the Software; (iii) create Internet “links” to the Platform or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Software; (v) access the Software or Platforms in order to (a) build a competitive product or Platform, (b) build a product using similar ideas, features, functions or graphics of the Platform or Software, or (c) copy any ideas, features, functions or graphics of the Platform or Software, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform or Software. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or Platform or the data contained therein; or (v) attempt to gain unauthorized access to the Software or Platform or its related systems or networks.
Fees and Payment Terms
Road Angels will charge a one-time fee for a roadside assistance call out, for a skilled technician to be dispatched to your location to assist you with your issue. The technician assumes you have provided the correct information, location and contact details. Road Angels will charge you, on behalf of the Third Party Service Provider for the Third Party Services provided to you by the Third Party Service Provider. You agree that you will pay for all Third Party Services you purchase from the Third Party Service Provider, and that Road Angels may charge your credit card account as provided by you when registering for the Platform (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Road Angels with a valid credit card account for payment of all fees at all times. You must keep all billing information, including payment method, up to date. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. After 30 days from the date of any unpaid charges, your payment will be deemed delinquent and we reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you. You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account (including your children, family, friends, or any other person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information. Road Angels may use a third-party payment processor (the “Payment Processor”) to link your credit card account to the Platform. The processing of payments or credits, as applicable, in connection with your use of the Platform will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Road Angels is not responsible for any errors by the Payment Processor. In connection with your use of the Platform, Road Angels will obtain certain transaction details, which Road Angels will use solely in accordance with its Privacy Policy. It is the customer’s responsibility to provide accurate information to Road Angels. If information such as the vehicle make, phone number or address are incorrect, the call out fee will still apply if a service provider has been dispatched.
Refund Policy
Once a technician has been requested and dispatched via our system, Road Angels cannot not refund a call out. Technicians will generally be notified and dispatched within minutes of acceptance of your request. Any fees which Road Angels may charge you for the Software, Platform or Third Party Services are due immediately upon completion of your applicable use of the Software, Platform or the Third Party Service transaction and are non-refundable. Once a Third Party Service provider has been contacted on your behalf within the Platform, you are entering into a binding agreement whereby any payments that are to be paid to the Third Party Service provider by you will be held by Road Angels until resolution of the agreed upon service between yourself and the Third Party Service Provider occurs. If a cancellation of the agreed upon service is requested, the destination of the funds held, as part of such a request, is determined solely by Road Angels. This policy shall apply at all times regardless of your decision to terminate your usage, Road Angels’s decision to terminate your usage, disruption caused to our Software or Platform either planned, accidental or intentional, or any reason whatsoever. Road Angels reserves the right to determine final prevailing pricing.
Additional Charges
Replacement batteries or additional vehicle repair parts are not included in Road Angels’ call out price. All fees charged as part of your use of the Platform are fees incurred specifically as payment for the service agreed upon during use of the Platform. For example, payment of fees incurred for ‘Tyre Service’ within the Road Angels Platform dictates that only the designated ‘Tyre Service’, as provided by a Third Party Service Provider engaged via use of the Platform, has been paid for. Road Angels is not responsible for the payment of any additional fees or charges as incurred by your engagement with a Third Party Service Provider. This is inclusive of any additional services purchased by yourself from the Third Party Provider, or any costs incurred by the Third Party Service Provider as a necessity to perform the service agreed upon during use of the Platform. Examples of such additional charges, as incurred to you by your engagement with a Third Party Service Provider, which are part of this agreement, include but are not limited to the following; the cost of purchasing a vehicle battery, the cost of obtaining a serviceable and roadworthy replacement tyre, the cost of suitable emergency fuel that has been delivered, the cost of entering a private carpark to access your vehicles’ location and the cost of any additional towing services when it is required.
Promotions
Road Angels, at its sole discretion, can make promotional offers with different features and rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Road Angels may change the fees for our Platform as we deem necessary for Road Angels. We encourage you to check the Road Angels website frequently if you are interested about how we charge for the Platform. We may not be responsible for determining fees charged by Third Party Service providers, so you should be sure to review all pricing and other terms of any agreement or transaction you conduct with them.
Public Postings
Certain material you may post on our Platforms is or may be available to the public, including without limitation any public profile data, uploads, blog entries, ratings, reviews, images, videos, poll answers, and any other user generated content, in any form or media, that you post via the Platform or otherwise (collectively, “Public Postings”). These Public Postings will be treated as non-confidential and nonproprietary. You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, publicly sharing any personal information, such as your home address, the home address of others, or your current location. ROAD ANGELS IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE PLATFORMS. Other content or communications you privately transmit to Road Angels, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Platforms or otherwise (collectively, “Submissions”), will be treated as non-confidential and nonproprietary, except if and to the extent otherwise expressly required in our Privacy Policy, with respect to any personally identifiable information privately submitted to us. By providing any Public Posting or Submission, you (i) grant to Road Angels a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Platform pursuant to this Agreement; (ii) agree that Road Angels shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or Platforms incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Road Angels the right to use the name that you submit in connection with such content. In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions. You shall be solely responsible for your own content and any Pubic Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Platform any content or other material that is contrary to Road Angels guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. Road Angels does not endorse any content submitted to the Platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Road Angels expressly disclaims any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content without prior notice. Road Angels reserves the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Road Angels may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user’s account for submitting such material in violation of this Agreement.
Intellectual Property Ownership
Road Angels alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Platform. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Platform or Software, you hereby assign to Road Angels all right, title and interest thereto. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Platform, or any intellectual property rights owned by Road Angels. Road Angels name, Road Angels logo, and the product names associated with the Software and Platform are trademarks of Road Angels, and no right or license is granted to use them.
Privacy
Road Angels’s Privacy Policy posted on our website is hereby incorporated by reference and made a part of this Agreement. Please review our separate Privacy Policy to understand how Road Angels collects and uses personal information.
Third Party Interactions
During use of the Software and Platform, you may enter into correspondence with, purchase goods and/or Platforms from, or participate in promotions of Third Party Service providers, advertisers or sponsors showing their goods and/or services through the Software or Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Road Angels and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Road Angels does not endorse any sites on the Internet that are linked through the Platform or Software, and in no event shall Road Angels or its licensors be responsible for any content, products, Platforms or other materials on or available from such sites or third party providers. Road Angels provides the Software and Platform to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Road Angels disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. Road Angels may rely on third party advertising and marketing supplied through the Software or Platform and other mechanisms to subsidize the Software or Platform. By agreeing to these terms and conditions you agree to receive such advertising and marketing. Road Angels may compile and release information regarding you and your use of the Software or Platform on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform. You will be responsible for your own connectivity to the Platform, including without limitation via mobile connection, internet access, and other communications and connectivity, at your own cost and expense. Depending on your method of access, additional messaging or data rates may apply from your carrier. If you are using Software such as a mobile app, additional terms and conditions may apply in accordance with the terms and conditions of the applicable app store from which you downloaded the Software.
Indemnification
By entering into this Agreement and using the Software or Platform, you agree to defend, indemnify and hold Road Angels, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of Third Party Platforms arranged via the Platform or Software, or (c) your use or misuse of the Software or Platform or any Third Party Platform.
Termination
Road Angels reserves the right to (i) modify or discontinue, temporarily or permanently, the Platform (or any part thereof) and (ii) refuse any and all current and future use of the Platform, suspend or terminate your account (any part thereof) or use of the Platform, for any reason, including if Road Angels believes that you have violated this Agreement. Road Angels shall not be liable to you or any third party for any modification, suspension or discontinuation of the Platform.
Disclaimer of Warranties
ROAD ANGELS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR SOFTWARE (OR ANY THIRD PARTY SERVICES). ROAD ANGELS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE PLATFORM OR SOFTWARE (OR ANY THIRD PARTY PLATFORMS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM (INCLUDING ANY THIRD PARTY PLATFORMS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE PLATFORM OR SOFTWARE WILL BE CORRECTED, OR (F) THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ROAD ANGELS. ROAD ANGELS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY THIRD PARTY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND PLATFORM, AND ANY THIRD PARTY PLATFORMS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Network Delays
ROAD ANGELS’S PLATFORM AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS AND ELECTRONIC COMMUNICATIONS. ROAD ANGELS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL ROAD ANGELS’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ROAD ANGELS AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). ROAD ANGELS AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PLATFORM OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PLATFORM PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM OR SOFTWARE, EVEN IF ROAD ANGELS AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROAD ANGELS MAY INTRODUCE YOU TO THIRD PARTY SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING THIRD PARTY SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PLATFORM PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE ROAD ANGELS FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. ROAD ANGELS WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS BETWEEN YOU AND SUCH THIRD PARTY SERVICE PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THIRD PARTY SERVICES OFFERED VIA THE SOFTWARE OR PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE ROAD ANGELS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR PLATFORM. THE QUALITY OF THE THIRD PARTY SERVICES SCHEDULED THROUGH THE USE OF THE PLATFORM OR SOFTWARE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH THIRD PARTY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE PLATFORM, YOU MAY BE EXPOSED TO THIRD PARTY SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE PLATFORM, AND SUCH THIRD PARTY SERVICES, AT YOUR OWN RISK. NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE PLATFORM OR SOFTWARE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM OR SOFTWARE.
Notice
Road Angels may give notice to you by means of a general notice on a portion of the Platform (which may include posting on Road Angels website), electronic mail to your email address on record in Road Angels’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Road Angels’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email) or posting. You may give notice to Road Angels only in writing (such notice shall be deemed given only when actually received by Road Angels).
International Use
The Platform is controlled, operated and administered by us from within Australia. Road Angels makes no representation that this site is available for access or use at other locations outside Australia. However, any access or use from outside Australia is still subject to this Agreement. Access to this Platform is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on the Platform in violation of Australian export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Platform.
Other Parties
You accept that, as a corporation, Road Angels has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Road Angels’s officers or employees in respect of any losses you suffer in connection with use of the Platform or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect Road Angels’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Road Angels.
Breaches of these terms and conditions
Without prejudice to Road Angels’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Road Angels may take such action as Road Angels deems appropriate to deal with the breach, including suspending your access to the Platform or Software, prohibiting you from accessing the Platform or Software, blocking computers using your IP address from accessing the Platform or Software, contacting your internet Platform provider to request that they block your access to the Platform or Software and/or bringing court proceedings against you.
Assignment
This Agreement may not be assigned by you without the prior written approval of Road Angels but may be assigned without your consent by Road Angels to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void. In the event that Road Angels is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Road Angels’ obligations as to this Agreement and any associated Privacy Policy.
Governing Law
Except as expressly provided otherwise, this Agreement is governed by, and will be construed under the laws of the Commonwealth of Australia, without regard to choice of law principles. You consent to jurisdiction and venue exclusively in the courts in the Commonwealth of Australia. You agree that Road Angels retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Platform must be filed by you within three (3) months after such claim or cause of action arose or be forever barred.
General
No joint venture, partnership, employment, or agency relationship exists between you, Road Angels or any third party provider as a result of this Agreement or use of the Platform or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Road Angels to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Road Angels in writing. This Agreement comprises the entire agreement between you and Road Angels and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Road Angels regarding the subject matter contained herein.
Privacy Policy
This privacy policy sets out how Road Angels Pty. Ltd. (“We”, “Us” or “Our”) collects, uses and protects any information that you provide us when you use our website, mobile apps, or any other products, services or websites offered by us (“Services”). We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement, as updated with change of policy.
Updates
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
Links to Other Websites, Apps and Services
Our websites and other Services may contain links to other third party websites, apps and services of interest. However, once you have used these links to leave our site, you should note that we do not have any control over such third party services. Therefore, we cannot be responsible for the protection and privacy of any information that you provide while visiting such sites and services and they are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the third party sites and services in question.
Collection of Your Information
We collect or receive information about your interactions with us. Depending on how you use our Services, your information may include:
- registration-related information (such as name, addresses, e-mail addresses, telephone numbers, occupation, information imported from social log in permissions granted to us, etc.);
- information about the Services that you use, how frequently you use them, and your responses to the offerings and advertisements presented or made available by us;
- information about the searches you perform on our websites or in our other Services and how you use the results of those searches;
- transaction-related information (such as credit card or other preferred means of payment, billing information, or a history of purchases through our Services);
- customer service information about you as a user of our Services;
- location data;
- information about any devices, connections and methods used to access and interact with us; or
- other information specifically related to your use of Services, including information that you publicly post using tools made available by us.
Your information may be supplemented with additional information from other companies such as publicly available information, information about households, and other information that we may append or match to your information. We may also receive or collect certain technical information when you use our Services. This may include: your browser or operating system, your manner of connecting to the Internet and the name of your Internet service provider or wireless carrier; your Internet protocol (IP) address; information about referring websites or services (websites you used immediately prior to using our websites or other Services; exiting websites or services (immediately after using our website or other Services); and data relating to malfunctions or problems occurring when you use our Services. Additionally, we may collect information about other software on your device for the limited purpose of protecting your security or improving your online experience. We do not currently honor “Do Not Track” requests
How Your Information is used
Your information is used for purposes that include:
- to operate and improve the Services available through us;
- to personalize the content and advertisements provided to you (including to present offers to you on behalf of business partners and advertisers);
- to fulfill your requests for tools, software, functionality, features and other products, and services;
- to communicate with you and respond to your inquiries;
- to conduct research about your use of our products; and
- to help offer you other products, features, or services that may be of interest.
Sharing of Your Information
We do not rent or sell your personally identifiable information (such as name, address, telephone number, and credit card information) to third parties for their marketing purposes. We may share your information with third parties to provide products and services you have requested, when we have your consent, or as described in this Privacy Policy. We may share aggregated, non-personally identifiable information, publicly and with our partners like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services. The contents of your online communications, as well as other information about you as a user of our Services, may be accessed and disclosed under the following circumstances: in response to lawful governmental requests or legal process (for example, a court order, search warrant or subpoena), in other circumstances in which we have a good faith belief that a crime has been or is being committed by a user of our Services, that an emergency exists that poses a threat to the safety of you or another person, when necessary either to protect our rights or property, or for us to render the service you have requested. Many of our services let you share information with others. Remember that when you share information publicly, others besides us have access to it, and it may be indexable by search engines, or copied, forwarded or archived by others. Our offerings may include features or functionalities provided by third parties. In the process of providing such functionalities within our Services, your browser may automatically send certain technical information to the third party provider. The use of these third-party provided features or functionalities is subject to their own privacy policies. Business partners or other third parties may receive data about groups of our users, but do not receive information that personally identifies you. We may use agents and contractors in order to help operate our Services. Their use of information is limited to these purposes. In the event that ownership of us was to change as a result of a merger, acquisition, or transfer to another company, your information may be transferred. If such a transfer results in a material change in the use of your information, you will be provided notice (which may be via updates to this page) about the choices you have to decline to permit such a transfer.
Display of Advertising
Your information may be used for the presentation of advertisements. We may use ad networks to customize and display advertising on our Services. We may share certain information about you as a user (such as age, postcode, or other information we have collected or received) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. We may from time to time work with other companies for certain services such as analytics or advertising, and you may be subject to their privacy policies as well, though you may opt out through them directly or contact us with questions.
Your Choices about Your Information
You may choose to restrict the collection or use of your personal information in the following ways:
- Whenever you are asked to fill in a form on this website or our other Services, consider what information to include and exclude; in addition, sometimes there may be a box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- We may provide you with access to your registration information and the ability to edit this information in your account settings dashboard and profile pages. Please be aware that even after you delete or update information within our Services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
- Some of our Services may provide you with additional information and choices about your privacy, which you should review.
- If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us using the contact information below.
Our Commitment to Security
We have established safeguards to help prevent unauthorized access to or misuse of your information, but cannot guarantee that your information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or our policies). To protect your privacy and security, we may use passwords or other technologies to register or authenticate you and enable you to take advantage of our Services, and before granting access or making corrections to your information.
Age
Our Services are intended for a general audience, and children under the age of thirteen should not register, or should only register with the consent of a parent or guardian.
How to Contact Us
If you have any questions or concerns about this Privacy Policy or its implementation, you may contact us at support@roadangels.com.au. If you believe your information is wrong, we strive to give you ways to update it quickly or to delete it unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Changes to this Privacy Policy
We may update this Privacy Policy as necessary, and so you should review this Policy periodically.