CONTAINER CHAIN PTY LTD "DRIVER" APP TERMS AND CONDITIONS OF USE
Driver (also referred to as "the App") is a mobile application created by Container Chain Pty Ltd ("Container Chain", "us" or "we"), who also operates the Container Chain web service for the management of empty containers at www.containerchain.com.au ("our website").
These terms and conditions of use are to be read in conjunction with, and supplement, the terms and conditions or terms of service of the app store from which you purchased the app (for example, Apple's App Store Terms and Conditions and Google's Google Play Terms of Service) (App Store Terms and Conditions).
To the extent of any inconsistency between these terms and conditions of use and the applicable App Store Terms and Conditions, these terms and conditions of use prevail to the extent of that inconsistency.
Your use of the App
(a) You must be at least 18 years old to access, register for and/or use the App. If you are not at least 18 years old then you may not access, register and/or use the App.
(i) we may modify, withdraw or deny access to the App at any time; and
(c) If you select your own, or are allocated, a security code, password or any other information as part of creating your profile or complying with the security procedures for the App, then you agree and undertake to keep all such information confidential and not to disclose such information to any other person or permit any other person to access or use the App using your information.
Intellectual Property Rights in the App
(a) You acknowledge and agree that all rights and material comprised in the App are owned by Container Chain, licensed to Container Chain by third parties or are otherwise available for use by Container Chain.
Data collection and use
The App will automatically collect and store data regarding your location, load and delivery or collection schedule in real time.
The App stores all data locally on your device and on our server.
If you are logged in to iCloud, Google Drive or some other cloud storage service and have enabled its backup option, your data will also be backed up to your cloud storage account.
Basic usage statistics
To improve the quality and performance of the App, we may automatically collect diagnostic and usage information for analysis.
Diagnostic and usage information may include details about hardware and operating system specifications, performance statistics, and data about how the App is used.
Container Chain Website
By using and accessing the App you also agree to comply with the Container Chain website terms and conditions available here: https://www.containerchain.com/us/en_gb/terms-conditions/
Empty Container Park Access
The app will provide you with access to any empty container park via an automatic gate where you have a scheduled delivery or collection to make and the park operates such a gate. On each occasion on which you use this facility you agree to observe the terms and conditions of access pertaining to that park.
(a) You will need to have an internet connection which allows for your Device to connect to our website. It is your responsibility to ensure that your device and the internet connection remains accessible and in a condition suitable for our website to interconnect.
Preservation of rights and limitation of liability
YOU MAY HAVE RIGHTS UNDER STATUTORY CONSUMER PROTECTION LAWS INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH). THE FOLLOWING DISCLAIMER OF WARRANTIES AND LIABILITY LIMITATIONS APPLY SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER SUCH LAWS.
CONTAINER CHAIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CONTAINER CHAIN MAY REMOVE THE SERVICES PROVIDED BY THE APP FOR INDEFINITE PERIODS OF TIME, OR CANCEL THOSE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT CONTAINER CHAIN'S LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES PROVIDED BY THE APP AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE APP ARE (EXCEPT AS EXPRESSLY STATED BY CONTAINER CHAIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL CONTAINER CHAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES PROVIDED BY THE APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, EVEN IF ADVISED OF THEIR POSSIBILITY OR ANY CLAIM ARISING OUT OF ANY PERSONAL INJURY OR DEATH TO YOU OR ANY THIRD PARTY CAUSED DIRECTLY OR INDIRECTLY BY YOUR USE OF THE APP WHILE DRIVING OR IN ANY OTHER SITUATION.
CONTAINER CHAIN SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE APP, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CONTAINER CHAIN HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
CONTAINER CHAIN DOES NOT REPRESENT OR GUARANTEE THAT THE APP WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CONTAINER CHAIN DISCLAIMS ANY LIABILITY RELATING THERETO.
CERTAIN LEGISLATION, INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH), MAY IMPOSE GUARANTEES, CONDITIONS OR OBLIGATIONS UPON CONTAINER CHAIN WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH CONTAINER CHAIN IS ENTITLED TO DO SO, CONTAINER CHAIN LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT CONTAINER CHAIN'S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT CONTAINER CHAIN'S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Waiver and Indemnity
BY USING THE APP, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD CONTAINER CHAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE APP, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY CONTAINER CHAIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT, TO THE EXTENT PERMITTED BY LAW, YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CONTAINER CHAIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES PROVIDED BY THE APP, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CONTAINER CHAIN'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Subject to the warranties provided by Container Chain in this Agreement, you are solely responsible for the maintenance, upgrading and replacement of the Device on which the App has been installed.
You must not, and must not attempt to:
(a) authorise any other person to do any act which would, if that act were to be done by you, infringe any intellectual property rights of Container Chain or of any third party;
(c) incorporate the App or any of its contents into any other software application, plug- in, website or enhancement whatsoever;
(d) reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of the App unless to do so would not constitute infringement of copyright under the Copyright Act 1968 (Cth) or equivalent legislation in the jurisdiction in which you have downloaded and are using the App;
(e) capture or copy any aspect of the App for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
(f) use the App in a manner which implies that you and Container Chain have any connection other than that of principal and independent contractor; or
(g) hack, infiltrate or otherwise do any thing which may compromise the App in any manner.
You must not use the App for any unlawful purpose. An "unlawful purpose" for the purposes of this clause includes but is not limited to the transmission, storage or distribution of any information, data, material or code that is obscene, defamatory or constitutes an illegal threat or that is otherwise in violation of any applicable law, statute, rule or other regulation.
You must make all necessary facilities available for a scheduled delivery or pick up of an empty container and use your best endeavours to comply with scheduling arrangements advised by Container Chain utilizing the App.
You must advise Container Chain immediately via the App of any actual or expected delays or circumstances detrimentally affecting your ability to effect a delivery or pick up of an empty container at a scheduled location. You must use your best endeavours to minimise the adverse consequences of any such delay or circumstance for transport operators.
You must not disparage us or do anything that would or may adversely affect Container Chain's goodwill and reputation in and in relation to the App or otherwise bring Container Chain or its goodwill or reputation into disrepute.