This app ("App") is provided by Transurban Limited ACN 098 143 410 ("we", "us" or "our") under the brand Linkt.
By clicking 'Accept' when downloading this App, you accept these terms of use (“Terms”). Your use of this App is also subject to the terms of the customer service agreement you have entered into in relation to your Linkt account (“Agreement”).
By using this App, you confirm that you have read and accepted our Privacy Policy, which describes how we collect, disclose and use your personal information, and our Credit Reporting Policy, which describes how we collect, disclose and use the Credit-Related Information we collect and lists the credit reporting bodies to which we may disclose your personal information if your account is in default.
We ay change these Terms at any time, and will make the amended terms available to customers on the App. We will also take reasonable steps to notify you of any material changes to these Terms before they change. By continuing to access or use any material on the App after any amendment, you confirm your agreement to these Terms, as amended from time to time.
In order to access and use the services provided by this App ("Services"), you will need to have registered for a Linkt account with a username and password. You can create a Linkt account with a username and password either through the Linkt website or the App. You will need to use this username and password to use the Services. You are responsible for keeping this username and password secure.
You are responsible for all activity and use of the App carried out using your Linkt account. You must comply with all applicable laws when using this App, which includes not using this App while driving or using the App to engage in any illegal conduct or activity.
We, other members of the Transurban Group and our respective employees will not be responsible for any loss, damage, cost or expense arising from any failure to comply with the requirements in paragraph 2.2 above.
You are solely responsible for any data or network charges incurred when using this App.
the unencumbered ownership of all intellectual property associated with the App and the Services (including data generated using the App or the Services) ("Developed IP") vests in us on creation and, to the extent applicable, you assign the unencumbered legal and beneficial ownership of all Developed IP to us; and
nothing in these Terms, or your use of the App and/or Services, grants or transfers any rights, title or interest to you in relation to the App or the Services (including data generated using the App or the Services).
The Terms are effective until terminated. We can terminate the Terms at any time by providing reasonable prior written notice to you. We can also limit, suspend, terminate, modify or delete your access to this App and the Services if you are, or we reasonably suspect that you are, failing to comply with the Terms in a material way.
We provide you with support for the App and Services in our sole discretion reasonably exercised. We reserve the right to stop supporting the App or the Services at any time.
We are required to include this clause by Apple and Google.
These Terms are between you and us. Neither Apple or Google has any obligation to provide any maintenance or support services with respect to the App.
By using the App you agree that Apple and/or Google and their respective subsidiaries will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary to the Terms.
To the extent permitted by law and subject to these Terms, neither we, Apple or Google will be responsible for addressing any claims instigated by you relating to the App, including, but not limited to:
product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
By using the App, you represent and warrant that:
you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and
you are not listed on any U.S. Government list of prohibited or restricted parties.
The Terms and your use of this App are governed by New South Wales law.
Transurban Group means:
Transurban International Limited (ACN 121 746 825), Transurban Holdings Limited (ABN 86 098 143 429) and Transurban Holding Trust (ARSN 098 807 419) by its responsible entity Transurban Infrastructure Management Limited (ACN 098 147 678), but only while the securities of those entities remain stapled securities (together the Stapled Entities);
each company in which the Stapled Entities, whether individually or collectively, own (directly or indirectly) 50% or more of the voting shares; and/or
each entity, trust or partnership (each an “Entity”) which is for the purposes of section 50AA of the Corporations Act 2001 (Cth) under the “control” of the Stapled Entities, whether individually or collectively.