References to "Tolling Customer Ombudsman", "we", "us", and "our" are references to Tolling Customer Ombudsman Pty. Ltd.
1. Your Personal Information
By using our service, you agree to having your contact details and other personal information passed onto a Transurban executive and State and Local Government powers of your choice. Part of this service is reporting your complaint to at least one other party. This means your personal information will be disclosed to the party/parties you choose. An email will be generated and sent to the party/parties you choose, using the personal information you provide.
2. Legal Status.
You may only use our service if you have the power to form a contract with Tolling Customer Ombudsman. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have authority to enter into these Terms, and that you have authorised your agent to bind you to these Terms. You represent and warrant that you will comply with all laws and regulations applicable to your use of the services.
3. Your Responsibilities.
You are responsible for your conduct, content, and communications with others while using our service. You must comply with the following when using our service:
(a) You may not misuse our service by interfering in normal operation, or accessing or attempting to access them using a method other than through the interfaces that we provide.
(b) Unless authorised by Tolling Customer Ombudsman in writing, you may not probe, scan, or test the vulnerability of our system or network.
(c) Unless authorised by us in writing, you may not use any automated system or software to extract or scrape data from our website or other interfaces through which we make our service available.
(d) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the service.
(e) You may not engage in abusive or excessive usage of the services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, availability, or functionality of the services for other users.
(f) You may not use our services to commit an unlawful activity.
4. Changes to Terms.
Tolling Customer Ombudsman may change these Terms at any time for any of reason, such as to update services, and to account for new services or functionality. The most current Terms will always be posted on Tolling Customer Ombudsman website. Changes will be effective no sooner than the day they are publicly posted.
5. Changes to our service.
Tolling Customer Ombudsman may change the service. We may add, alter, or remove functionality from the service without prior notice. We may also limit, suspend, or discontinue the service at its discretion.
It is in our interest to provide you with a smooth experience when using our service, but there are certain things we do not promise about them. We try to keep our service running, but it may be unavailable on occasion for various reasons. The services are provided as is, and we do not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any representations regarding availability, reliability or accuracy of the services.
7. Exclusion of Certain Liability.
To the extent permitted by applicable law, Tolling Customer Ombudsman and its affiliates, officers and directors will not be liable for: (A) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (B) loss of data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the service and these Terms, and whether based on contract, tort, strict liability, or any other legal theory, even if Tolling Customer Ombudsman has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
If you are a business, you will indemnify and hold harmless Tolling Customer Ombudsman and its affiliates, officers and directors from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the service or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
10. Who you are contracting with.
Unless otherwise specified in relation to a particular service, the services are provided by, and you are contracting with, Tolling Customer Ombudsman Pty. Ltd.
11. Tolling Customer Ombudsman Pty. Ltd.
For any service provided by Tolling Customer Ombudsman Pty. Ltd., the following provisions will apply to any Terms governing that service:
(a) Contracting Entity.
References to “Tolling Customer Ombudsman”, “we”, “us”, and “our” are references to Tolling Customer Ombudsman Pty. Ltd.
(b) Governing Law.
Those terms are governed by the laws of the State of Queensland (without regard to its conflict of laws provisions).
Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Queensland, Australia, and the federal courts located in Queensland, Australia with respect to the subject matter of those terms.
You may not assign these Terms without Tolling Customer Ombudsman’s prior written consent, which may be withheld in Tolling Customer Ombudsman’s sole discretion. Tolling Customer Ombudsman may assign these Terms at any time without notice to you.
11.2. Entire Agreement.
These Terms constitute the entire agreement between you and Tolling Customer Ombudsman, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a similar document issued by you do not apply to the services, do not override or form a part of these Terms, and are void.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
11.4. No Waiver.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of Terms will remain in full effect. 11.6. Third Party Beneficiaries.
There are no third party beneficiaries to these Terms.
12. Consumer Law.
Nothing in these Terms will restrict, exclude, or modify, or purport to restrict, exclude, or modify, any statutory consumer rights under the Competition and Consumer Act 2010 (Cth). We don’t sell your responses to third parties. Tolling Customer Ombudsman doesn’t sell or share your responses with advertisers or marketers. Tolling Customer Ombudsman merely acts as a reporting service.
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