Background
Thank you for visiting our Terms of Use (Agreement). We are NavMyCaravan Pty Ltd ACN 698 212 109 (we, our, us and other similar terms). We provide a platform designed to consider a Vehicle's size and dimensions and provide navigation assistance to help drivers identify suitable routes, known as NavMyCaravan.
This Agreement outlines the terms and conditions associated with your use of NavMyCaravan. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on our Website.
1. Accepting this Agreement
By creating a NavMyCaravan Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using NavMyCaravan.
You must not use NavMyCaravan if you are not able to form legally binding contracts.
2. About this Agreement
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout this Agreement and in clause 18. They aid to clarify the terms and conditions.
Please feel free to email us at support@navmycaravan.com if you have any questions.
3. Disclaimer
Information provided through NavMyCaravan, including Vehicle dimension measurements, navigation guidance, clearance estimates, route suggestions and manoeuvring assistance, is provided as a general guide only. NavMyCaravan is a driver assistance tool only and must not be relied upon as a safety device, certified measurement instrument, collision avoidance system or substitute for competent and lawful driving.
NavMyCaravan must not be used as an emergency navigation tool or where incorrect guidance may create an immediate risk to life, injury or significant property damage without independent verification.
You are solely responsible for the safe and lawful operation of your Vehicle at all times. We strongly recommend that you:
- conduct your own independent visual checks before manoeuvring, regardless of any guidance provided by NavMyCaravan;
- independently verify all Vehicle dimension measurements using certified measuring equipment before relying on them for any purpose;
- obtain current local advice, including from local councils, information centres, state road authorities, relevant government agencies, caravan parks or site operators before travelling on unfamiliar, regional or remote routes with a large or towed Vehicle;
- be aware that road infrastructure, signage, traffic directions, road markings, speed zones and access conditions can change without notice, and that NavMyCaravan may not reflect those changes;
- check for road works, temporary closures, flooding, detours, changed traffic conditions and other short-term restrictions before driving your Vehicle, as these will not always be captured in our mapping data;
- assess local terrain conditions including unsealed roads, steep gradients, narrow lanes, soft or flooded surfaces and low-clearance areas, and obtain local advice where necessary;
- comply with all applicable Commonwealth, State and Territory road traffic laws regardless of any guidance provided by NavMyCaravan; and
- never interact with NavMyCaravan manually while your Vehicle is in motion.
To the maximum extent permitted by law, NavMyCaravan excludes all liability for any injury, loss or damage arising from your use of NavMyCaravan or your reliance on any information, measurement, guidance or route suggested by it.
4. Term
This Agreement will commence when you create an Account for NavMyCaravan and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 16.
If this Agreement is not terminated in accordance with clause 16, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.
5. Licence
We grant you a non-transferable, non-exclusive and revocable licence to access NavMyCaravan for the Subscription Period, subject to and conditional upon your compliance with the terms and conditions of this Agreement.
6. Payment
Unless stated otherwise, any Subscription Fees and applicable GST must be paid at the beginning of each Subscription Period.
Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are exclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.
You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.
7. Requirements for use
7.1 Access
You acknowledge and agree that NavMyCaravan will only be fully accessible using the internet, by users with a valid Account and will not be available "locally" from your own servers or devices.
In order to make full use of the mobile application version of NavMyCaravan you must allow your device access to the following services: data connectivity, email, SMS, location services and storage.
7.2 Support
Support for NavMyCaravan is provided in accordance with the support arrangements as set out on our Website and may vary from time to time.
7.3 NavMyCaravan outages and system maintenance
If it is necessary to interrupt your use of NavMyCaravan, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, NavMyCaravan will be unavailable.
You acknowledge that access to NavMyCaravan may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to NavMyCaravan which may change the interface and manner in which it functions.
To the maximum extent permitted at law, we are not liable for any loss, foreseeable or not, arising from any interruption to access, whether planned or not, and any such interruptions will not constitute a breach by us of this Agreement.
8. Your use of NavMyCaravan
8.1 Registering an Account
In order to use NavMyCaravan, you are required to provide us with Personal Information and create an Account with us.
You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.
You are solely responsible for ensuring that all Vehicle data entered into your Account accurately reflects the current and actual details of your Vehicle. Inaccurate or outdated data may result in incorrect guidance and could contribute to an accident, incident, injury or property damage.
8.2 Account security
Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process, remains safe. We work hard to keep NavMyCaravan secure and we ask you to contribute.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via NavMyCaravan, whether such activities are authorised by you or not.
8.3 Lawful use of NavMyCaravan
You undertake not to upload, store or access any data on or use NavMyCaravan if such use, access or storage would infringe a person's Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory of Australia).
8.4 Conduct which is expressly prohibited
You may only acquire and make use of NavMyCaravan for the sole purpose of meeting your personal Vehicle manoeuvring needs. You must not use or include any part of NavMyCaravan in any service bureau or fee generating service offered to third parties.
You must not:
- in any way tamper with, hinder or modify NavMyCaravan;
- upload misleading, false or deceptive information to NavMyCaravan;
- use NavMyCaravan if such use would breach any traffic or road rules anywhere in the world;
- knowingly transmit any viruses or other disabling features to or via NavMyCaravan;
- intentionally disable or circumvent any protection or disabling mechanism of NavMyCaravan;
- install or store any software applications, code or scripts on or through NavMyCaravan;
- use NavMyCaravan in any way which could be reasonably expected to interfere with or damage our systems, any other operator's systems, or another user's enjoyment of NavMyCaravan; or
- attempt, facilitate or assist another person to do any of the above acts.
8.5 Our right to suspend
We reserve the right to limit or suspend your licence to access NavMyCaravan if you fail to pay the Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement, including those set out in clause 8.4, above. Suspending your Account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.
We may also suspend your Account if we suspect a security breach associated with your Account or otherwise identify unusual activity.
9. App Marketplace Providers
The NavMyCaravan mobile applications may be made available from Google Play and the Apple App Store (App Marketplace Providers). This clause 9 applies only to the use of any mobile application version of NavMyCaravan that may be obtained from an app marketplace.
This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for NavMyCaravan, and we are solely responsible for:
- its support and maintenance;
- the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of NavMyCaravan; and
- any claim NavMyCaravan fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.
The App Marketplace Provider's liability to you is limited to the refund of the purchase price of NavMyCaravan and any other remedies under consumer protection law. Your right to use the mobile version of NavMyCaravan is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.
The App Marketplace Provider may monitor your use of NavMyCaravan and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.
If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider's terms of service, their terms of service will prevail to the extent of the inconsistency.
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.
10. Privacy
You agree and consent to us obtaining and handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.
11. Third Party Services
Certain components or features of NavMyCaravan may interface with applications or include links, data, resources, services and/or content that are provided or operated by third party service providers (Third Party Services).
You acknowledge and agree that, subject to any Non-excludable Condition, we are not liable for:
- the availability of such Third Party Services;
- any data, content, advertising or materials made available through such Third Party Services; or
- any damages you incur or allege to incur, either directly or indirectly as a result of your use and/or reliance upon any such Third Party Services.
12. User Content and Intellectual Property
12.1 Your User Content
If you provide us with content, including, without limitation, text, photos, images, audio, video, code and any other materials (User Content), your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and licence to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with NavMyCaravan), communicate, publish and distribute User Content for the purposes of allowing us to provide, improve, promote and protect NavMyCaravan. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within NavMyCaravan.
While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
12.2 Use of our Intellectual Property
We warrant we own or have a licence to use the Intellectual Property in NavMyCaravan. You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:
- create an adaptation or translation of, all or part of NavMyCaravan in any way;
- use NavMyCaravan in a manner which may infringe any other person's Intellectual Property;
- incorporate all or part of NavMyCaravan in any other webpage, site, application or other digital or non-digital format; or
- except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in NavMyCaravan.
13. Warranties
Subject to the Non-excludable Conditions and to the maximum extent permitted at law, we make no warranties or guarantees that NavMyCaravan is fault free, regarding NavMyCaravan's fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, NavMyCaravan including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
You acknowledge and agree that Vehicle dimension, turning circles, route estimates and location or dimensions of road characteristics generated by NavMyCaravan are estimates only and are subject to error. We do not warrant that any measurement output meets any standard or requirement imposed by any Commonwealth, State or Territory law, regulation or code. Nor do we warrant that a route proposed guarantees your ability to navigate or traverse that route.
14. Limitation of Liability
14.1 Implied conditions
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
14.2 Limitation of liability
Subject to the Non-excludable Conditions and to the maximum extent permitted at law, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
- NavMyCaravan being temporarily inaccessible for any reason;
- your reliance on third party inputs into NavMyCaravan;
- injury, loss or damage caused to you, your passengers, your Vehicle, property or third party property, arising from your use of NavMyCaravan or your reliance on any measurement, navigation guidance or route information provided by NavMyCaravan;
- injury, loss or damage arising due to reliance on output generated by NavMyCaravan arising from inaccurate data entered by you;
- your failure to independently verify including but not limited to Vehicle dimensions, route suitability, road conditions or local clearance restrictions and take reasonable precautions when manoeuvring your Vehicle;
- incorrect or corrupt data, lost data, or any inputs or outputs of NavMyCaravan;
- security vulnerabilities in NavMyCaravan or any breach of security that results in unauthorised access to, or corruption of data;
- negligence arising from our activities or that of our service providers;
- loss of GPS signal, poor data connectivity, device malfunction or interruption to any Third Party Service;
- the occurrence of an Event of Force Majeure; or
- any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.
14.3 Limits to liability associated with goods and services
To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
15. Dispute Resolution
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 15 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 15. The mediator's costs are to be shared equally.
The parties acknowledge and agree this clause 15 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
16. Termination
16.1 Termination by either party
Either party may terminate this Agreement by providing notice in writing to the other party, if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.
Either party may terminate this Agreement by notice in writing to the other party prior to any Subscription Period in which case this Agreement ends at the end of the then current Subscription Period.
We may also end this Agreement if your Account remains suspended for a period of more than 28 days.
Notwithstanding anything to the contrary, closing your Account constitutes notice in writing to us of your intention to terminate.
16.2 Actions upon termination
Upon termination you must immediately stop using NavMyCaravan; we reserve the right to permanently erase any data associated with your Account; and you will no longer have access to your Account.
17. General
Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights in this Agreement without the other party's consent, which must not be unreasonably withheld.
Entire Agreement – This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.
Governing law – The laws of Queensland govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.
Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
- which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
- which you send, must be either delivered or posted by prepaid post to our registered office or sent by email to our email address set out at clause 2.
Relationship – Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability – Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change its intended effect.
Variations to this Agreement – We may vary this Agreement by giving written notice to you. If you do not accept the terms of the variation, you may terminate your subscription in accordance with clause 16.1. The variation takes effect at the beginning of the next Subscription Period.
18. Definitions
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Account means the username and access credentials used when you access NavMyCaravan.
Agreement means these terms and conditions and any document incorporated into them by reference.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.
Privacy Policy means the privacy policy available on our Website as amended by us from time to time.
Subscription Fee means any periodic price for the NavMyCaravan Subscription Package.
Subscription Package means any of the subscription packages advertised by us from time to time.
Subscription Period means the period of time attached to the Subscription Package which you sign up for, and if not specified then 1 month.
You or your means the person using NavMyCaravan.
Us, we or our means NavMyCaravan Pty Ltd ACN 698 212 109.
Vehicle means the total combined tow vehicle and caravan, trailer or boat and any combination of components operated and under the control of the driver.
Website means the website located at navmycaravan.com.au and any of its subdomains.