Note: You are entering into a legally binding agreement.
Links to Other Websites
2.1 The Website or Mobile App may contain links to other websites operated by third parties ("Third Party Websites"). Those Third Party Websites are not under the control of Transurban, and Transurban does not endorse and is not responsible for any material on, linked to or linked from, third party websites ("Third Party Material").
2.2 In particular, and to the extent permitted by law, Transurban makes no warranties or representations:
2.2.1 regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
2.2.2 that Third Party Material does not infringe the intellectual property rights of any person.
Transurban does not authorize the reproduction of Third Party Material by linking Material on the Website or Mobile App to Third Party Material.
Software Downloads; Licenses; Use
3.1 Any software that is available to download through links from the Website or Mobile App is Third Party Material unless otherwise indicated. To the extent permitted by law, Transurban accepts no liability in respect of such Third Party Material and Transurban provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning any such software or Third Party Material related issues, please contact us.
3.2 Your use of any Third Party Material or software may be subject to a license agreement between you and the software owner, Transurban makes no representation or warranty, provides no endorsement, and assumes no liability regarding any Third Party Material’s license agreement.
3.4 You may use the services and Material contained within the Website and Mobile App for private personal purposes. You may not use the services or Material commercially. For example, you may not: (i) offer to third parties a service of your own that uses the services or Material contained within the Website or Mobile App, or the Website or Mobile App themselves; (ii) resell the services or Material contained within the Website or Mobile App; (iii) offer to rent or lease the services or Material contained within the Website or Mobile App; or (iv) offer the services or Material contained within the Website or Mobile App to the public via communication or integrate it within a service, website, or mobile app of your own, without the prior written consent of Transurban. For the avoidance of doubt, the examples listed are made for illustrative purposes, and do not constitute an exhaustive list of restricted activities involving the services and Material contained within the Website and Mobile App.
3.5 You may not copy, print or otherwise use data or Material from the Website or Mobile App. This clause does not limit the use of the Website or Mobile App as Transurban intends for its customers to use in an ordinary good faith private and personal manner.
3.6 When using the Website or Mobile App, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Website or Mobile App for any purpose without the express prior written permission of Transurban.
Trademarks; Copyright; Linking to This Website or Mobile App
4.1 "Transurban" is a registered trademark of Transurban Limited] and, in the case of "E-ZPass®" and "E-ZPass® FlexSM", are registered or pending trademarks of The Port Authority of New York and New Jersey. Copyright in the Material on this website is owned or licensed by Transurban Limited.
5.1 Transurban is not responsible for any error or omission on the Website or Mobile App and reserves the right to make changes without notice to you. Transurban does not guarantee that the Website, Mobile App or Third Party Websites will be free from viruses, or that access to the Website, Mobile App or Third Party Websites will be uninterrupted. FOR THE AVOIDANCE OF DOUBT,TO THE EXTENT ALLOWED UNDER LAW, TRANSURBAN (AND THOSE THAT TRANSURBAN WORKS WITH TO PROVIDE SERVICES AND OPERATE THE WEBSITE AND MOBILE APP)(A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTE THAT THE SERVICES OR MATERIAL ON THE WEBSITE OR MOBILE APP WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES AND MATERIAL ON THE WEBSITE AND MOBILE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Safe and Cautious Driving
6.1 NEVER USE THE WEBSITE OR MOBILE APP WHILE DRIVING. Always drive vigilantly according to road conditions and in accordance with traffic laws. Stop at a rest area or hand the mobile device used to access the Website or Mobile App to a passenger. Transurban and its affiliates assume no liability for damage and/or injury caused by the use or misuse of mobile devices, mobile application, the Website or the Mobile App while driving a motor vehicle. You assume all liability that may arise from the use or misuse of the Website or Mobile App while driving. You waive all rights, claims and/or actions against Transurban and its affiliates that may arise as a result of your use or misuse of a mobile device, the Website and/or the Mobile Application while driving.
Liability; Compliance with Laws
7.2 Liability of Transurban and its affiliates for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent the law allows.
7.3 You agree to comply with all laws in relation to your access or use of Material on the Website or Mobile App, including laws of the country in which you reside or from which you access the Website or Mobile App.