1. AGREEMENT
1.1 These Terms and Conditions, together with our Privacy Policy, apply to your use of Three Divers Pty Ltd (ACN 640 840 124) trading as Fluent Cargo (“we”, “our” or “us”) website located at www.fluentcargo.com (“Site”).
1.2 By browsing or using the Site, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the “Agreement”). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.
2. INTERPRETATION
2.1 In this Agreement:
“Agreement” has the meaning in clause 1.2;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act
2010 (Cth);
“Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Member” means a member of the Site;
“Password” has the meaning in clause 5.2;
“Privacy Policy” means our privacy policy available at www.fluentcargo.com/privacypolicy;
“Site” has the meaning in clause 1.1;
“you" or "your" means the person or entity accessing, using or relying upon the Site; and
“Your Content” has the meaning in clause 7.3.
2.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3. SITE USE
3.1 You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
3.2 You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
3.3 Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
3.4 You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.
4. PROHIBITED CONDUCT
4.1 Without limiting the prohibitions and restrictions found elsewhere throughout the Agreement, when you use the Site, you agree not to:
(a) harass, threaten, stalk, disrupt or defraud other Site users or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
(b) solicit others to perform or participate in any unlawful acts;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, pretext, spider, crawl or scrape;
(e) upload any content that promotes intolerance, racism, illegal behavior or contains defamatory content; or
(f) act in a deceptive or fraudulent manner by, among other things, impersonating another person or misleading us or any third parties.
4.2 We reserve the right to refuse to terminate your access to the Site in our sole discretion if we have evidence to show that you have been engaging in any of the prohibited conduct listed in clause 4.1 or any other breach of this Agreement.
5. REGISTRATION
5.1 To access certain content on the Site, you must first register as a Member of the Site.
5.2 To register as a Member of the Site you must provide us with your email address.
5.3 If you do not provide accurate and complete details during the registration process, we may not be able to provide access to certain content on the Site.
5.4 You may receive an email confirming registration with us shortly after you have become a Member.
5.5 You agree that you have sole responsibility for any activity that occurs via your Member email address. You agree to notify us immediately if you become aware of any security breach or any unauthorized use of the Site via your Member email address.
5.6 We may, in our absolute discretion, restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
6. THIRD PARTY PROVIDERS
6.1 The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site.
6.2 We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
7. INTELLECTUAL PROPERTY
7.1 You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
7.2 You may access and use the Site (including Intellectual Property Rights contained therein) for your personal and commercial use. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialize any information obtained from any part of the Site or Material without our prior written consent.
7.3 By uploading, posting, transmitting or otherwise making available any content or material via the Site (“Your Content”), you:
(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and sub-licensable licence to use, publish, reproduce and otherwise exploit Your Content in any form for any purpose and unconditionally waive any moral rights that you might have in respect of Your Content; and
(b) represent and warrant that you either own the Intellectual Property Rights in Your Content or have the necessary permission to upload, post, transmit or otherwise make available Your Content via the Site.
7.4 We reserve the right to terminate any licence granted to you under the Agreement and/or remove any of Your Content from the Website, at any time, for any reason and without notice to you.
7.5 You agree that you will not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, and that you will not decompile, disassemble, reverse engineer or otherwise attempt to discover, interfere with or access any source code related to the Site.
8. LINKING TO THE SITE
8.1 You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.2 You must not establish a link to the Site from any website that is not owned by you.
8.3 This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.
9. ASSUMPTION OF RISK
9.1 You understand that there are certain inherent risks and dangers in the transportation of goods. By using the information contained on the Site, you acknowledge and agree on behalf of yourself, your heirs and/or personal representatives that you are aware of the risks which include, but are not limited to, lack of availability of transportation services, damaged or lost property and delays in delivery. You acknowledge that some of these risks cannot be eliminated, and you specifically assume the risk of harm.
9.2 You acknowledge that it is your responsibility to consult with your entity, suppliers and any other relevant party before using information contained on the Site and to determine whether it is right for you.
10. INDEMNITY
10.1 You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, or any breach by you of the Agreement.
11. LIABILITY
11.1 To the maximum extent permitted by law, we exclude all:
(a) conditions, guarantees or warranties expressed or implied by law; and
(b) any liability to you however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill),
arising out of, or in connection with, access and/or use of the Material or the Site, and the Agreement.
11.2 Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $100.00. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
11.3 To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in information issued by us will be subject to correction without any liability on our part.
11.4 Nothing contained in the Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other national, state or territory legislation where to do so is unlawful.
12. PRIVACY
12.1 We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.
13. GENERAL
13.1 We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
13.2 You understand that your content may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
13.3 Although we do our best to provide the most up to date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
13.4 Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of other provisions.
13.5 A failure or delay by us to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
13.6 The Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.