Last Modified February 9, 2018.
You may need to be a registered member to access our Services or certain features of our Services.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You agree:
- not to share, transfer, lease, assign or sublicense your username or password without our prior written consent;
- not to circumvent the password restrictions on any of the Services, nor allow others to do so on your behalf;
- not to use anyone else’s username or password to access any of the Services; and
- to notify us immediately upon discovery or suspicion of compromise of the confidentiality of your username or password.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
Collection Notice and Release of Information
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law.
If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia to third party suppliers, cloud providers and payment processors in the USA or elsewhere.
- how we store and use, and how you may access and correct your personal information;
- how you can lodge a complaint regarding the handling of your personal information; and
- how we will handle any complaint.
Accuracy, completeness and timeliness of information
The information on our Services is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Services, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Services. You should monitor any changes to the information contained on our Services.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Services or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Services is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
Other Applicable Terms and Conditions
For any supply of services from the Services, additional terms and conditions may apply. If you want to order services via any of the Services you must agree to the relevant terms and conditions applicable to such services. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
If you purchase the Service through the Google Play Market:
- the clause titled “Apple Specific Terms” will not apply to you.
We may provide access to the API as part of the Services for no additional fee. Subject to the other terms of this agreement, we grant you a non-exclusive, non-transferable, revocable license to interact with the API only for purposes of interacting with the Services as allowed by the API.
You must not use the API in a manner, as reasonably determined by us, that exceeds reasonable request volume or constitutes excessive or abusive usage. If any of these occur, we can suspend or terminate your access to the API on a temporary or permanent basis.
We will maintain and provide access to the API, unless we terminate the API for all customers with notice for any reason, including where it is not technically feasible or economically viable to continue granting access to the API.
The API is provided on an ‘AS IS’, ‘WHERE IS’ and ‘WHEN AVAILABLE’ basis. We have no liability to you as a result of any change, temporary unavailability, suspension, or termination of access to the API.
Our Services may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio, data, images, photographs, animations, video, maps, databases, data models, spreadsheets, user interfaces, graphics components, icons, software applications, software development kits, application programming interfaces, software libraries, code samples, and other resources) (‘Content’) made available on, or accessible through, the Services (‘RestSpace Content’).
Any reproduction or redistribution of any of the Services or the RestSpace Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the RestSpace Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of any of the Services, the RestSpace Content or any part of any of the Services or the RestSpace Content is prohibited, except to the extent permitted by law. However, you are permitted to make copies of any order, order confirmation, tax invoice or other document in connection with the supply of any services.
You retain all right, title, and interest in any Content that you provide to us in connection with the your use of the Services, and any results derived from the use of such Content (‘Customer Content’). Customer Content excludes any feedback, suggestions, or requests for improvements that you provide to us.
You hereby grants us and our licensors (as the case requires) a non-exclusive, non-transferable, royalty-free, sub-licensable, worldwide right to host, run, and reproduce Customer Content solely for the purpose of enabling the your use, and other users’ use, of the Services.
Without your permission, we will not access, use, or disclose Customer Content except as reasonably necessary to support your use of the Services, or for any other purpose authorised by you in writing. If you access any Service with an application provided by a third party, we may disclose Customer Content to such third party as necessary to enable interoperation between the application, the Service, and the Customer Content. We may disclose Customer Content if required to do so by law or regulation or by order of a court or other government body, in which case we will reasonably attempt to limit the scope of disclosure. It is your sole responsibility to ensure that your Customer Content is suitable for use with the Services and for maintaining regular offline backups, as applicable.
Upon termination of your right to use or access the Services, we will make your Customer Content available to you on request for a period of 30 days, unless you request a shorter window of availability, or we are legally prohibited from doing so. Thereafter, your right to access or use your Customer Content with the Services will end, and we will have no further obligations to store or return your Customer Content.
You warrant that your Customer Content does not:
- contain any vulgar, obscene, indecent or unlawful material, including material that is likely to cause annoyance, or which is defamatory, racist, offensive, discriminatory, threatening, or pornographic;
- store or transmit any software viruses, worms, time bombs, Trojan horses, or any other computer code, files, denial-of-service, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- violate any law or regulation;
- include any Content or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- infringe or misappropriate the rights of any third party;
- defame or libel us, our employees, other individuals or users of the Services; or
- impact the normal operation, privacy, integrity or security of a third party's property, including a third party's accounts, domain names, URLs, websites, networks, systems, facilities, equipment, data, other information, or business operations.
Use of the Services
The Services may require network connectivity and location services to function properly. Please note that poor signal quality (dependent on your location and service provider) may slow down or prevent the Services from working at optimum speed. If you have concerns regarding the quality of your signal strength, please contact your mobile network service provider directly.
You are solely responsible for paying all expenses you may incur when you access or use the Services, your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and software you need to connect to and use the Services, and any other services included in the Services.
We are not responsible if your equipment or software is not compatible with any of the Services.
When you access the Services using a mobile device, you agree, as the relevant mobile service account holder, to us and our service providers collecting and using the location of your mobile handset to provide you with the Services.
Restrictions on use
The Services are for your personal use only. You must not, as applicable:
- yourself, or permit others to, sell, rent, lease, sub-license, lend, assign, time-share, distribute or otherwise make any of the Services available to any third party;
- reverse engineer, decompile, or disassemble any of the Services;
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, enhance, translate, alter, tamper with, upgrade, create derivative works from, transfer, or sell any of the whole or part of any of the Services, including the RestSpace Content, software, products or services contained within any of the Services;
- combine, integrate or incorporate the whole or any part of any the Services in any other software or system;
- remove, alter, obscure or deface any:
- patent, copyright, trademark, or proprietary rights notices of us or our licensors;
- trade mark, service mark, get up, livery, logo or branding, proprietary or restricted use legend; or
- disclaimer, warning, instruction or advisory notice,
which are contained in or affixed to any of the Services;
- do anything that would prejudice our right, title or interest in any of the Services;
- disrupt or try to disrupt any of the Services or use any of the Services or any RestSpace or ProRoute website to distribute software viruses or other harmful programs; or
- infringe any applicable laws when accessing or using any of the Services.
You must not use any of the Services, or any of the RestSpace Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Services, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using any of the Services to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property, including the Services, or the property of other individuals;
- posting or transmitting Customer Content or any other material to any of the Services that is non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to any of the Services, we have the right to take down this information at our sole discretion and without notice.
You must pay all fees as specified on the Service subscription confirmation, if not specified then payment is due upon receipt of an invoice. You are responsible for the payment of any and all sales, use, withholding, GST, HST, VAT and other similar taxes. If you do not pay the amounts within 7 days of the due date, we may suspend or terminate your access to the Services. In addition, you may be responsible for any additional charges related to the collection of outstanding amounts.
You may pay for the Services online, and we may charge your credit card for all purchases and for any additional amounts owed to us. You must provide a valid credit card and hereby explicitly authorise and empower us to use the credit card for such purpose. If your credit card changes or expires, or is revoked, disputed or not valid for any other reason, we may suspend, terminate or both (without liability) your use of the Services upon 7 day notice sent to you via email (using your email address in the Service subscription confirmation).
We reserve the right to restrict, suspend or terminate without notice your access to the Service, or any feature of the Service, at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
- suspending or terminating your registered account and access to our Services;
- removing any Customer Content uploaded by you to the Service; and
- commencing legal proceedings to prevent you from using our Services.
Upon termination of your account, and/or access to the Services, you must immediately cease using or accessing the Services, and uninstall and delete all copies, full or partial, of the Services from your computer or device (as applicable).
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we, and our directors, officers, agents, employees and contractors, make no warranties or representations about any of the Services or the RestSpace Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Services will be secure.
- modifications to any of the Services that were effected or attempted by a person other than us or our authorised representatives;
- access and use of the Services;
- any act, error, fault, neglect, misuse or omission of you; or
We reserve the right to restrict, suspend or terminate without notice your access to any or all of the Services, any RestSpace Content, or any feature of the Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
The Services are not designed, developed, or intended for use in environments or applications that may lead to death, personal injury, or physical property or environmental damage.
When you use any map data, traffic, directions, and other content in the Services, you may find that actual conditions differ from the map results and content, so exercise your independent judgment and use the Services at your own risk and cost. You should not follow any navigational route suggestions that appear to be hazardous, unsafe, or illegal. You are responsible at all times for your conduct and its consequences.
The Services are intended as a reference tool only. The Services must not to be used as the primary means of operating a vehicle or other form of transportation. Use and interpretation of the Services is your responsibility, as is compliance with road safety and traffic laws. Neither we nor any of our third party licensors makes any representation or warranty that using the Services will prevent liability under any law. You acknowledge and agree that the Services may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used, and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
Neither we nor any of our directors, officers, agents, employees, contractors or third party licensors will have any liability for fines or any other penalty for contravention of traffic or other relevant law, or for any accident. You must not use the Services in a way that violates any law, including, but not limited to, by possessing or using data with regard to speed cameras or other traffic monitoring or enforcement devices in a jurisdiction, or in a way, that violates applicable law.
In certain jurisdictions, the Services or certain uses of the Services might be in conflict with law. You will indemnify us and our directors, officers, agents, employees, contractors and third party licensors against any claim, suit, damages, or sanction associated with any possession or use by you of the Services in violation of law, except where to do so would contravene legislation (including the Australian Consumer Law) or cause part or all of this clause to be void.
Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct loss, damage or expense, or any indirect, economic, special or consequential loss or damage, including loss of revenue, time, goodwill, data, anticipated savings, opportunity, loss of production, and loss of profit – irrespective of the manner in which it occurs, including negligence – which may be suffered due to your use of the Services and/or the information or materials contained on any of the Services, or as a result of the inaccessibility of any of the Services and/or the fact that certain information or materials contained on any of the Services are incorrect, incomplete or not up-to-date.
Where our liability cannot be lawfully excluded, it is limited at our option to:
- the resupplying of access to and use of the relevant Service(s);
- the payment of the cost of having access to and use of the relevant Service(s) supplied again; or
- the refund of the amounts paid by you for your subscription to access and use the relevant Service(s).
Apple Specific Terms
The following terms apply only where you have purchased a Service from the Apple App Store.
Apple is not responsible for any maintenance and support in connection with the Services.
We, and not Apple, are responsible for addressing any of your claims or any third party claims relating to the Services including, but not limited to:
- product liability claims;
- any claim that a Service fails to conform to any applicable legal or regulatory requirement; and
- claims arising under the Australian Consumer Law or similar legislation.
All complaints and claims regarding the Services should be directed to us.
If there are any third party claims relating to intellectual property rights regarding the Services, we will be responsible, and not Apple, for any investigation, defence, settlement and discharge of any such claim.
We are not responsible for any loss arising out of any occurrences or conditions beyond our control, including but not limited to acts of terrorism, acts of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.
Jurisdiction and governing law
If we elect not to exercise or enforce any right that we have against you at a particular time, this does not prevent us from later seeking to exercise or enforce that right.
If any clause, or part of any clause, of these terms or use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions, or part of those terms and conditions, will nevertheless continue in full force.