RoadRamble App User Terms and Conditions

1. INTRODUCTION

1.1. The RoadRamble App and the Services made available through our mobile application are owned and operated by ROADRAMBLE Pty Ltd (ACN 651 569 416) (RoadRamble, our, us or we).

1.2. By downloading, using, browsing, or accessing the RoadRamble App and the Services, you acknowledge that you have read, understood, and accept these RoadRamble App User Terms and Conditions (agreement), together with our Privacy Policy, and agree to abide by them. If you do not accept this agreement, you must not access and use the RoadRamble App and the Services.

1.3. In this agreement, you and your means the individual who accesses or uses the RoadRamble App and the Services, and whose details are listed in the User Access Portal (and includes anyone acting on your behalf or with your express or implied authority).

2. ROADRAMBLE APP

2.1. The RoadRamble App is an interactive road travel and planning tool made available through a mobile application that allows users to:

(a) discover and navigate selected locations and points of interests;
(b) plan itineraries that focus on travel to select areas and provides guidance based upon local experience and knowledge;
(c) provides the user with travel itineraries, preferences and recommendations based on the User Content submitted by the user to the RoadRamble App; and
(d) give feedback and ratings aimed at enhancing the information of the RoadRamble App’s database, (collectively, the Services).

2.2. The RoadRamble App is an online tool and resource for users who have an interest in planning travel and discovering new experiences. We are not a travel agent, tour guide or buyer or seller of travel or holiday products and/or services. Our role in providing you with access and use of the RoadRamble App and the Services should be construed strictly in this context only.

2.3. By downloading, accessing, and using the RoadRamble App, we grant you a non-exclusive, non-transferable, personal, revocable, and non-sublicensable licence to download, install, access, and use the RoadRamble App and the Services for the Term.

2.4. You must only use the RoadRamble App and Services for personal and non-commercial purposes. You will not acquire or be entitled by any rights other than those rights expressly set out in this agreement.

3. TERM

3.1. This agreement will commence on the date you download and access the RoadRamble App (Commencement Date) and shall continue until terminated in accordance with clause 15 (Term).

4. REGISTRATION AND ACCESS

4.1. To access and use the RoadRamble App and the Services, you must create and setup an account on the RoadRamble App (Account). Your Account will be operated through your email address (User Name) and password (Password). You can change your Password at any time through the User Access Portal.

4.2. To set up an Account on the RoadRamble App, you must:

(a) provide, and keep us up to date with accurate registration information and Personal Information (including full name and email address). All Personal Information, as well as the information you provide to set up your Account, is subject to our Privacy Policy; and
(b) be over 18 years of age, and legally able to enter contractual relations. If you are under the age of 18 years, you may only access and use the RoadRamble App and Services if you have your parents’/guardians’ permission to access and use the RoadRamble App and Services. Your continued use of the Account constitutes an acknowledgement by you that you are: (i) over 18 years of age; or (ii) under 18 years of age but have your parents’/guardians’ permission to access and use the RoadRamble App and Services and that your parents/guardians have agreed to abide by this agreement.

4.3. You are responsible for:

(a) maintaining control over, and the confidentiality of, your Account, User Name and Password;
(b) keeping your Account registration information current, complete, accurate, and truthful. You must not impersonate another account holder or provide false identity information to gain access to or use the RoadRamble App or the Services;
(c) notifying us in writing of any unauthorised access to, or use of, your Account, User Name or Password; and
(d) for all activities or transactions that occur using your Account. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of, your Account, User Name and Password.

5. YOUR OBLIGATIONS

5.1. When accessing and using the RoadRamble App and the Services, you must at all times:

(a) obtain and maintain all hardware, software, and communications equipment necessary to download, access, and use, the RoadRamble App and the Services;
(b) comply with all Relevant Laws with respect to your obligations under this agreement; and
(c) comply with all of our directions, policies and guidelines advised in writing to you or as displayed on the RoadRamble App from time to time.

5.2. We will not be liable to you or anyone else if, for any reason, the RoadRamble App and the Services is unavailable at any time or for any period. From time to time, we may suspend or restrict access to all, or some parts of the RoadRamble App and the Services.

5.3. You must not:

(a) introduce access, store, distribute or transmit any viruses, worm, trojan or other malicious code into the RoadRamble App;
(b) violate any RoadRamble IP or any third party service provider’s Intellectual Property Rights;
(c) copy modify, duplicate, create derivative works from, frame, mirror, republish, transmit or distribute all or any portion of the RoadRamble App, or any other third party software that you may access or use through the RoadRamble App, in any way;
(d) access all or any part of the RoadRamble App and/or the Services in order to build a product, service or code which competes with RoadRamble or reproduces the RoadRamble App and/or the Services (in full or part);
(e) modify, alter, adapt, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the RoadRamble App in any way, or otherwise learn the source code or algorithms underlying the RoadRamble App;
(f) license, sell, rent, lease, sub-let, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, encumber or otherwise make the RoadRamble App and the Services available to any third party;
(g) claim ownership over any User Content posted or published by another user, unless you have a legitimate basis for making such a claim; and
(h) use the RoadRamble App or the Services for any unlawful purpose or other purpose not authorised by us in writing.

6. USER CONTENT

6.1. When you create an Account and access and use the RoadRamble App and/or the Services, you will be required to provide User Content to RoadRamble. You will retain ownership of your User Content and you will have sole responsibility for the legality, reliability, integrity, accuracy, and quality of your User Content. To the maximum extent permitted by Relevant Laws, we do not warrant that any:

(a) User Content displayed on the RoadRamble App by you;
(b) content, data, materials and information (including text, images, graphics, logos, video and audio clips and links) published or posted by other users of the RoadRamble App or third parties (Third Party Content);
(c) content published by us; or
(d) Third Party Products or Services displayed or published on the RoadRamble App by a third party service provider, is accurate, complete, reliable, current, or error-free.

6.2. We do not make any warranties or guarantees about the standard or quality of any Content, User Content, Third Party Content or Third Party Products or Services displayed by you, another user or a third party on, or via, the RoadRamble App. You (and not RoadRamble) are solely responsible for the completeness, accuracy, reliability, legality, and quality of any User Content published by you (or anyone else on your behalf) on, or via, the RoadRamble App.

6.3. You grant RoadRamble a worldwide, non-revocable, non-exclusive, royalty-free and perpetual licence to use, disclose, share, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, the User Content (and all Intellectual Property Rights contained therein) for any purpose, including for the purpose of:

(a) enabling us to provide the RoadRamble App and the Services and otherwise perform our obligations and exercising our rights under this agreement (including travel information and travel or accommodation rating on, or via, the RoadRamble App);
(b) informing you of other products or services that we may offer from time to time or in relation to Third Party Products and Services;
(c) complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request;
(d) using usage patterns, trends, and other statistical or behavioural data derived from use of the RoadRamble App and/or the Services for the purposes of providing, operating, maintaining, or improving the Services, the RoadRamble App, or our other products and services; and
(e) sharing User Content with an Affiliate or other third party (with whom RoadRamble may contract or be affiliated with from time to time) for the purposes of performing or improving the RoadRamble App and/or the Services.

6.4. In the event of any Loss to User Content, your sole and exclusive remedy shall be for RoadRamble to use reasonable endeavours to restore the User Content, that is lost or damaged, from the latest back-up of User Content maintained by RoadRamble in accordance with our standard archiving and backup procedures.

6.5. RoadRamble shall not be responsible for any Loss, destruction, alteration, corruption or disclosure of User Content caused by us, your acts or omissions or the acts of omissions of other users of the RoadRamble App or any third party.

6.6. You agree to make your own enquiries to verify information displayed on, or via, the RoadRamble App (including User Content, Third Party Content and Third Party Products and Services) and to assess the suitability of any information Third Party Content or Content before relying upon such information, Third Party Content or Content. If you choose to rely upon any information displayed or published on, or via, the RoadRamble App and/or the Services (including User Content, Third Party Content and Third Party Products and Services) you do so at your own risk. We make no representations or warranties that use of Content, User Content, Third Party Content and Third Party Products and Services will not infringe any third party’s Intellectual Property Rights.

7. CHARGES

We do not charge you a fee to download, access and use the RoadRamble App and Services. However, we reserve the right at any time to charge you a fee to access and use RoadRamble App and Services (including any advanced or premium features and functions of the App) by giving you at least 30 days written notice, or by otherwise posting it on the RoadRamble App or the Website. If you do not agree to pay a fee to access and use the RoadRamble App and Services (including any advanced or premium features and functions of the App), you should terminate the agreement in accordance with clause 14 , no later than 30 days after you received written notice of the fee changes or 30 days after the fee changes were posted on the RoadRamble App or the Website.

8. INTELLECTUAL PROPERTY

8.1. You acknowledge that we, or our licensors, are the owners of the RoadRamble App (and any Intellectual Property Rights contained therein) including any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the RoadRamble App and the Services (including any modifications, enhancements of the foregoing) (collectively, RoadRamble IP)). Accessing and using the RoadRamble App and the Services does not give you (or anyone else) ownership of, or any right, title or interest in the RoadRamble IP.

8.2. Ownership of any User Content will vest in the creator of that User Content or Third Party Content, but excluding RoadRamble IP.

9. OUR OBLIGATIONS

9.1. Subject to your compliance with the terms of this agreement, RoadRamble shall use reasonable endeavours to provide you with access to and use of the RoadRamble App and the Services.

9.2. The undertaking in clause 9.1 shall not apply in the event of:

(a) any non-conformance which is caused or contributed by use of the Services and the RoadRamble App contrary to our instructions or the terms of this agreement;
(a) modification or alteration of the Services and the RoadRamble App by any party other than us or our duly authorised Personnel;
(b) the unsuitability or malfunction of the computer hardware or computer software used by you in conjunction with which the RoadRamble App and the Services are used;
(c) Force Majeure Events; and
(d) the unsuitability or malfunction of the Services when used in conjunction with any software, apps, applications, and tools supplied by a third party provider.

9.3. In the event that we fail to provide you with access and use of the RoadRamble App and the

Services in accordance with clause 9.1 , we shall use reasonable endeavours to correct any such non-conformance or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 9.1 .

10. THIRD PARTY PRODUCTS AND SERVICE

10.1. You acknowledge that the RoadRamble and Services may require you to use or access Third Party Products and Services and that you do so solely at your own risk.

10.2. We make no representation or commitment, and shall have no liability or obligation whatsoever in relation to the content or use of any Third Party Products and Services, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third Party Products and Services.

10.3. We recommend that you refer to the third party’s terms and conditions and privacy policy prior to using the relevant Third Party Products and Services.

10.4. We do not endorse, sponsor, or approve any Third Party Products and Services used in conjunction with the RoadRamble App and Services. It is your sole responsibility to determine that specific products or services meet your personal or business needs and are suitable for the purposes for which they are used.

10.5. Any rights you may have to access Third Party Products and Services shall be limited to:

(a) the extent of RoadRamble’s ability to pass on such rights to you; or
(b) the relevant third party licensor’s terms.

11. NO WARRANTIES

11.1. To the maximum extent permitted by Relevant Laws, we exclude all express or implied representations, conditions, statutory guarantees, warranties, and provisions (whether based on statute, common law or otherwise), in connection with the RoadRamble App and the Services.

11.2. Nothing contained in this agreement excludes, restricts, or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.

11.3. You acknowledge, and agree that to the maximum extent permitted by Relevant Laws, we make no representation, warranty or guarantee in relation to the availability, continuity, legality, completeness, reliability, accuracy, currency or security of the RoadRamble App and/or the Services (including any User Content, Third Party Content, and Third Party Products and Services provided in connection with the RoadRamble App and the Services) and we will not be liable if the RoadRamble App and/or the Services is, or becomes unavailable for any reason, including directly, or indirectly as a result of:

(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b) negligent malicious, wilful acts or omissions of third parties (including third party service providers) or other users;
(c) maintenance (scheduled or unscheduled) carried out by us or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the RoadRamble App and the Services;
(d) services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
(e) a Force Majeure Event.

11.4. You acknowledge that, to the maximum extent permitted by Relevant Laws, we do not make any warranty or representation that any information (including any User Content or Third Party Content) uploaded, published, shared or made available to you by us, any other user or anyone else or any Content made available or offered on, or via the RoadRamble App is accurate, complete, reliable, current or error-free, virus free or is suitable for any particular purpose or use under any specific conditions, and so is provided on an “as is” basis.

11.5. We shall use reasonable endeavours to make the RoadRamble App and the Services available 24 hours a day, 7 days a week, except for:

(a) planned maintenance carried out at times in advance by us; and
(b) unscheduled maintenance which may need to be performed from time to time.

RoadRamble will, where practicable, use reasonable endeavours to conduct any unscheduled maintenance outside of Business Hours.

12. LIMITATION OF LIABILITY

12.1. To the maximum extent permitted by Relevant Laws, we will not be liable to you, any other user of the RoadRamble App or any third party for any;

(a) Claims or Losses (including Consequential Loss); or
(b) loss of, or damage to, any property or any personal injury illness or death to you, or any third person, arising out of, relating, or connected to, the provision or use of the RoadRamble App and Services (including Content, User Content, Third Party Content and/or Third Party Products and Services generated or made available through the RoadRamble App or the Services) and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

12.2. All risk in using the RoadRamble App and the Services passes to you upon creating an Account, or otherwise accessing and using the RoadRamble App and the Services (whichever is earlier). We assume no responsibility and we have no liability to you or anyone else for any use of, or reliance on, any Content, User Content, Third Party Content and/or Third Party Products and Services obtained or generated from your access to, and use of, the RoadRamble App and the Services.

12.3. To the maximum extent permitted by the Relevant Laws, under no circumstances will RoadRamble’s aggregate liability to you or anyone else, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the lesser of AUD $10 or the amount you paid to us under this agreement in the one month immediately preceding the date on which the Claim giving rise to such liability arose.

12.4. You agree to defend, indemnify and hold us, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims or Losses, that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of or arising out of:

(a) your access to, use of, or reliance on, the RoadRamble App or the Services (including User Content, Third Party Content and Third Party Products and Services);
(b) any breach of our or any third party’s Intellectual Property Rights or other rights caused by you; or
(c) any breach by you of this agreement.

13. PRIVACY

All Personal Information you provide to open an Account and any User Content you upload, generate, share, or publish on, or via, the RoadRamble App is subject to RoadRamble’s Privacy Policy , which is incorporated into this agreement. RoadRamble will not share, sell or disclose your User Content to any third party. You warrant that, in relation to any Personal Information comprising User Content or any other information disclosed to RoadRamble on, or via, the RoadRamble App:

(a) it has been collected in accordance with Privacy Laws;
(b) you have the authority to upload, post, publish or otherwise transmit such information on, or via, the RoadRamble App; and
(c) you have obtained the informed consent of the individuals (in the case of children, parental/guardian consent) who are the subject of such Personal Information for us to use, disclose, store, transfer, process or handle it.

14. TERMINATION

14.1. During the Term you may terminate this agreement at any time by deleting your Account via the User Access Portal on the RoadRamble App.

14.2. RoadRamble may terminate this agreement at any time (without liability to you) by giving you 30 days written notice.

14.3. You acknowledge and agree that RoadRamble may, at any time, at its absolute discretion, with or without cause or any notice to you, terminate, suspend or block access to (either temporarily or permanently)

(a) your Account and/or the User Access Portal;
(b) the RoadRamble App and/or Services;
(c) any social media pages linked to us or the RoadRamble App; or
(d) any other products and services offered on, or via the RoadRamble App (including Third Party Products and Services).

14.4. Cause for such suspension or termination under clause 14.3 may, include but are not limited to:

(a) any serious or repeated breaches or violations of this agreement, our policies, and guidelines (including our Privacy Policy) and any other agreements entered into between the parties;
(b) serious or repeated breaches or violations of RoadRamble’s or a third party service providers’ Intellectual Property Rights;
(c) activities, conduct or transactions on, or, via, the RoadRamble App, that bring, or have the capacity to bring, RoadRamble or the RoadRamble App into disrepute; or
(d) requests by law enforcement or other government agencies.

14.5. You agree that all such suspensions or terminations shall be made at RoadRamble’s sole discretion and that RoadRamble shall not be liable to you or any third party for any such suspension or termination.

15. EFFECT OF TERMINATION

On termination of this agreement for any reason:

(a) RoadRamble may disable your Account and your User Content will no longer be accessible by you through the RoadRamble App. User Content will be permanently and securely destroyed; however, RoadRamble may be required to retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws; and
(b) all licences to use the Services and rights of access to the RoadRamble App granted under this agreement will immediately terminate; and
(c) you should delete the RoadRamble App from your mobile device.

16. FORCE MAJEURE EVENT

RoadRamble will not be responsible to you (or anyone else) if RoadRamble is prevented from or delayed in performing our obligations by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency acts of terrorism, fire, explosion, flood, an act or omission of a third party, epidemic, pandemic, mandatory government shutdown or lockdown, shortage of or inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, hacker attacks, denial of service attacks, internet interruption virus, accidents or breakdown of plant, machinery, software, hardware or communication network, or default of hosting or data centre providers (Force Majeure Event).

17. DISPUTE RESOLUTION

17.1. Any party claiming a dispute exists under the agreement must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.

17.2. The parties must in good faith attempt to resolve any dispute between them.

17.3. If the dispute cannot by resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.

17.4. Each party must continue to perform its obligations under this agreement notwithstanding the existence of any unresolved dispute.

18. UPDATES AND VARIATIONS

18.1. Without notice to you, RoadRamble may, at our absolute discretion, from time to time:

(a) change, add or delete the functions, features, performance, or other characteristics of the RoadRamble App; or
(b) apply or install updates to, or new versions of, the RoadRamble App.

18.2. You acknowledge that the Content, User Content and/or Third Pary Content on the RoadRamble App are subject to change at any time and may be out of date at any given time. RoadRamble are under no obligation to:

(a) update, correct or fix any Content, User Content, Third Party Content or errors in the RoadRamble App; or
(b) notify you of any changes to the Content of the RoadRamble App unless required by a Relevant Law to do so.

18.3. Some of the provisions contained in this agreement may be superseded by provisions or notices published elsewhere on the RoadRamble App. Any changes are effective immediately upon posting to the RoadRamble App. Your continued use of RoadRamble App thereafter constitutes your acceptance of all such changes to the agreement.

18.4. Please read this agreement before using the RoadRamble App as the agreement may have changed since the last time you accessed and used the RoadRamble App. If you do not agree to any change, then you must immediately stop using the RoadRamble App and the Services.

19. SEVERABILITY

If any provision in this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement which will continue in full force and effect.

20. RELATIONSHIP

No agency, principal-agent, partnership, joint venture, employee-employer or franchisor- franchisee relationship is intended or created between you and us by this agreement.

21. ASSINGMENT

Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign or transfer all or any of its rights or obligations under this agreement, except that RoadRamble may assign, sell, or transfer our rights or obligations under this agreement to an Affiliate or bona fide third party purchaser of RoadRamble’s business.

22. ENTIRE AGREEMENT

This agreement, and any other documents referred to in it, represent the entire agreement between us and you in relation to the subject matter and supersedes any previous arrangements, agreements, representations, understandings, or statements (whether verbal or in writing).

23. JURISDICTION AND APPLICABLE LAW

The laws of the State of New South Wales, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the Courts of New South Wales, Australia.

24. DEFINITIONS

In this agreement, the following words shall have the following meanings:

(a) Account has meaning in clause 4.1.
(b) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
(c) Business Days means each day excluding Saturdays, Sundays and public holidays in New South Wales.
(d) Business Hours means 8am to 5pm local time on Business Days.
(e) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
(f) Commencement Date has meaning in clause 3.1.
(g) Content means all the information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), layout, arrangement, graphical user interface, look and feel, databases, functionality, and control features of the RoadRamble App.
(h) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties on the Commencement Date as a likely result of breach of the agreement:
1. (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;
2. (ii) loss of revenue, profit, income, bargain, opportunity (including professional and career opportunities), use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data or loss of enjoyment, distress or inconvenience;
3. (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; or
4. (iv) loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.
(i) Force Majeure Event has meaning in clause 16 .
(j) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.
(k) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
(l) Password has meaning given to it by clause 4.1.
(m) Personnel means director, officer, employee, contractor or agents, of a party (in your case, includes any person acting for or on your behalf).
(n) Personal Information has the same meaning that it has under Privacy Laws, namely information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
(o) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended), the Australian Privacy Principles and any other legislation, codes and policies relating to the handling of Personal Information.
(p) Privacy Policy means our privacy policy available on the RoadRamble App or Website or such other web address notified by us to you from time to time), which is incorporated into this agreement.
(q) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.
(r) RoadRamble App means the mobile software application owned, operated and used by RoadRamble to provide you with Services, including the application and database software for the Services, the system and server software used to provide the Services, the computer hardware on which that application, database, system and server software is installed, and all Intellectual Property Rights contained therein, provided or otherwise made available by us on, or via, the RoadRamble App
(s) RoadRamble IP has meaning in clause 9.1.
(t) RoadRamble, our, us or we has the meaning in clause 1.1 and where the context permits, includes our Personnel and Affiliates.
(u) Services has meaning in clause 2.1.
(v) Term has meaning in clause 3.1.
(w) Third Party Products and services means any software, products, services or content (including Intellectual Property Rights contained therein) that:
1. (i) are provided by third party providers;
2. (ii) interoperate with the RoadRamble App or Services; or
3. (iii) may be identified as third party products or services.
(x) Third Party Content has meaning in clause 6.1(b).
(y) User Access Portal means the portal provided to you to access the RoadRamble App and the Services.
(z) User Content means all data, information, content, materials and Personal Information (including images and photographs):
1. (i) uploaded to, or stored on, the RoadRamble App by you;
2. (ii) transmitted by the RoadRamble App at your instigation;
3. (iii) supplied by you to RoadRamble for the purposes of uploading, transmission, or storage on or via, the RoadRamble App; or
4. (iv) generated by the RoadRamble App as a result of the use of the Services by you, but excluding RoadRamble IP.
(aa) User Name has meaning in clause 4.1.
(bb) Website means the website located at roadramble.com.au and any other website notified by use from time to time.
(cc) You or your has meaning in clause 3.1.