WARNING
Permission to use this software is conditional upon you, the licensee, agreeing to the terms set out below. This software and any related artificial intelligence (AI) and generative AI is only offered to you on condition that you read and accept all the terms of this licence and wish to become a licensee of the software. The Licensor reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the End User Licence Agreement. Acceptance will bind you and all of your employees (where applicable) to the terms of the licence as amended from time to time. By clicking “I Accept”, you will be deemed to have accepted the following terms. If you do not wish to accept the terms, you must not click “I Accept” and you may not use the software.
END-USER LICENCE AGREEMENT
(Non-Commercial Use Only)
End-User Licence Agreement (Agreement)
Between
Rd Traffic Insights Pty Ltd ACN 133 980 408
(Licensor)
and
the individual or entity whose details are entered into the online registration form to obtain the Licence through the Licensor’s platform (Licensee).
BACKGROUND
The Licensor owns and operates Rd Traffic Insights Tools (Software), which are made available by subscription fees licensing model.
The Licensor agrees to license the Software to the Licensee strictly for use under the terms and conditions set out herein.
The Licensee acknowledges having reviewed the terms of this Agreement and agrees to these terms by clicking “I Accept” on the Licensor’s platform and submitting payment.
Licence
The Licensor grants to the Licensee a limited, non-exclusive, non-transferable, revocable licence to use the Software subject to the following conditions:
the Licence is valid from the Acceptance Date until expiry of the subscription;
the Software Licence is granted as a sole licence for the user and login with the name, address and email address of the Licensee and may only be used by that individual, and for the reasonable commercial use by that individual for the work being performed by that individual;
Should use by multiple users through the one login be detected, the Licence will be terminated.
This may be detected through various methods including but not limited to IP address tracing, excessive usage reports and domain name tracing.
the Licensee must not use the Software or Reports for commercial purposes unless it enters into a separate commercial licence agreement with the Licensor.
For any commercial use of the Software or Reports, the Licensee must contact the Licensor at support@RdTrafficInsights.com.au, to negotiate a separate commercial licence and associated fees;
Nothing in this Agreement transfers any ownership rights in the Software or its intellectual property to the Licensee.
Licence fee
The Licensee must pay the Licence Fee through the Licensor’s online platform prior to accessing the Software.
All fees are:
payable in Australian dollars;
non-refundable; and
exclusive of GST.
If GST is payable on any supply under this Agreement, the Licensee must pay an additional amount equal to the GST payable at the same time as the Licence Fee.
Documentation
This licence extends to any documentation accompanying the Program or the Software. The documentation may not be copied, modified or used in any way not contemplated or expressly authorised by this agreement.
Access and Security
Upon payment confirmation, the Licensee will receive access credentials via the email address provided during registration.
The Licensee must:
Only use the Software on one device at a time;
keep all access credentials confidential
notify the Licensor immediately of any unauthorised use; and
not share access credentials with any third party.
Reliance on Inputs and Nature of Outputs
The Licensee acknowledges and agrees that the Software generates outputs based solely on the information, data, assumptions, parameters, selections and other inputs provided by, or on behalf of, the Licensee.
The quality, accuracy, completeness, relevance and usefulness of any output is inherently dependent upon the quality, accuracy, completeness and appropriateness of those inputs. As a result, any output generated by the Software is only as reliable as the inputs on which it is based.
The Licensee acknowledges that all outputs are indicative, qualitative and informational in nature and are generated through automated processing of the inputs provided. Outputs are intended to assist the Licensee’s analysis, assessment and decision-making processes and do not constitute recommendations, advice, opinions, forecasts, guarantees or predictions of any particular outcome.
The Licensor does not warrant, represent or guarantee that any output will be accurate, complete, reliable, current, suitable for any particular purpose, free from error, or capable of achieving any specific commercial, financial, legal, operational or other result.
The Licensee is solely responsible for:
● determining the nature, quality and adequacy of all inputs provided to the Software;
● independently reviewing, evaluating, testing and verifying any output generated by the Software;
● exercising its own commercial judgement, professional expertise and decision-making processes in relation to any output; and
● obtaining independent professional advice where appropriate.
The Licensee acknowledges that the Software is a tool to support, and not replace, the Licensee ‘s own experience, expertise, judgement and professional assessment. Any use of, or reliance upon, outputs generated by the Software is undertaken entirely at the Licensee ‘s own risk.
To the maximum extent permitted by law, the Licensor excludes all liability arising from or in connection with any loss, damage, claim, cost or expense resulting from:
● inaccurate, incomplete, outdated, misleading or inappropriate inputs provided to the Software;
● any limitation, deficiency, inaccuracy or omission in any output generated by the Software; or
● any reliance placed on an output by the Licensee or any third party.
Consumer Guarantees
Under the Australian Consumer Law (ACL), certain consumer guarantees apply to the supply of goods and services that cannot be excluded.
Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL.
To the extent permitted by law, the Licensor’s liability for breach of any consumer guarantee is limited to:
in the case of goods, replacement or repair of the goods; or
in the case of services, resupply of the services or payment of the cost of having the services supplied again.
Intellectual Property
The Licensor owns all Intellectual Property Rights in the Software and Reports.
The Licensee must not:
● modify, reverse engineer or decompile the Software;
● remove any copyright or proprietary notices; or
● claim any rights in the Software or Reports beyond those expressly granted in this Agreement.
The Licensee acknowledges that the Software and any accompanying documentation are the subject of copyright. The Licensee will not during or any time after the expiry or termination of this licence permit any act which infringes that copyright and, without limiting the generality of the previously mentioned copyright, the Licensee specifically acknowledges that it may not copy the Software or otherwise replicate or reverse engineer the Software, or any product of the Software except as otherwise expressly authorised or acknowledged by this agreement.
The Licensee must not during or at any time after the expiry or termination of this licence permit any act which infringes the supplier’s intellectual property or trademarks used in connection with the Software.
The Licensee will indemnify the Licensor fully against all liabilities, costs and expenses the Licensor may incur to a third party as a result of the Licensee’s breach of the Intellectual Property provisions of this licence.
Privacy and Data Protection
The Licensor collects, uses and discloses Personal Information in accordance with its Privacy Policy at www.RdTrafficInsights.com.au and the Privacy Act 1988 (Cth).
The Licensee consents to the Licensor collecting, storing and using Personal Information provided by the Licensee for purposes related to this Agreement.
Termination
This Agreement terminates automatically upon completion of the license subscription period.
The Licensor may terminate this Agreement immediately if the Licensee:
● breaches any term of this Agreement; or
● uses the Software or Reports for commercial purposes without authorisation;
● reasonably believes that the Licensor is breaching this agreement or is otherwise using the License for purposes that are inconsistent with the good faith use of the Software,the licence agreement, or otherwise towards the Licensor
Upon termination, the Licensee must:
● cease all use of the Software;
● delete any downloaded components; and
● discontinue any reliance on the publication of all Reports..
General
Severability
If any provision of this Agreement is void, unenforceable or illegal in any jurisdiction, it is severed for that jurisdiction. The remainder of the Agreement continues in effect.
Entire Agreement
This Agreement constitutes the entire agreement between the parties about its subject matter and supersedes all previous agreements.
Governing Law
This licence will be governed by and construed according to the law of the New South Wales, Australia.
Technical Support
The Licensor provides technical support only as specified at www.RdTrafficInsights.com.au. Support services are not included in the Licence Fee unless expressly stated otherwise.
Waiver
Failure or neglect by either party to enforce at any time any of the provisions of this agreement will not be construed or deemed to be a waiver of that party’s rights under this licence.
Definitions and interpretation
Definitions
Acceptance Date means the date upon which the Licensee clicks “I Accept” and successfully completes the payment for accessing the Software.
Agreement means this End-User Licence Agreement and any schedule, annexure or variation to it.
Commencement Date means the date specified in the invoice generated upon payment confirmation.
Confidential Information means all non-public information exchanged between the parties concerning the Software, including its coding, features, functionality and documentation, but excludes information that:
is or becomes publicly available other than through breach of this Agreement; or
was lawfully known to the receiving party before disclosure by the disclosing party.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity. Licence means the licence granted pursuant to clause 2.
Licence Fee means the pay-per-use fee specified in the payment terms and confirmed via invoice.
Non-Commercial Use means use of the Software solely for personal, non-business, and non-revenue generating purposes.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Report means any output generated by the Software which is watermarked in accordance with clause 3.
Submit and Check Out
Licensee:
By clicking ” Submit and Check Out” and completing payment, the Licensee agrees to be bound by this Agreement.
Schedule 1 – Support Services
We will aim to respond to technical support queries within 24hrs and aim to resolve them within 72hrs
Schedule 2 – Privacy Policy
See our Privacy Police at: www.RdTrafficInsights.com.au/privacy-policy/