Terms & Conditions

2.1 CREATING YOUR ACCOUNT

• In order to use the App, you will be required to sign up for an account (Account).
• In order to sign up for an Account, you warrant that:
  • you are at least 18 years old; or
  • are the parent or legal guardian of a person under the age of 18 who intends to use the App, and you agree to be bound by these Terms on that person's behalf.
• When you register for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

2.2 MAINTAINING YOUR ACCOUNT

• You agree that you're solely responsible for:
  • maintaining the confidentiality and security of your Account information and your password; and
  • any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
• You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
• We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
• Routed Pty Ltd may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

4.1 GENERAL

• Your Subscription includes the benefits and limitations of your Subscription as set out in our App, or as otherwise communicated to you when you subscribe for your Subscription (and as amended from time to time by notice to you).
• While your Subscription is maintained, we grant to you a non-exclusive, non-transferable licence to use the App.
• We may from time to time, in our absolute discretion, release enhancements to the App, meaning an upgraded, improved, modified or new versions of the App (Enhancements). Any Enhancements to the App will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
• We may change any features of the App at any time on notice to you.

4.2 DISCLAIMER

You acknowledge and agree that:

• the App aims to provide accurate and up-to-date route optimisation based on longitude and latitude coordinates. However, the App does not guarantee the accuracy, completeness, or reliability of the routes provided;
• the route suggestions are based on available data at the time of use and may be subject to changes due to real-time traffic conditions, road closures, weather, or other unforeseen circumstances;
• Users are responsible for ensuring that the routes suggested by the App are appropriate and safe for their specific circumstances. This includes, but is not limited to, verifying the suitability of the routes for their vehicle type, load, and driving conditions;
• Users should always obey local traffic laws, road signs, and signals, and exercise caution while driving;
• the App does not provide maps or routes directly but connects with third-party maps apps to provide turn by turn navigation, with the App tracking you in real time. Users can choose and will be redirected to third-party maps or navigation apps to view and follow the suggested routes;
• we are not responsible for the performance, reliability, or accuracy of the third-party maps apps that you may use. Users should review the terms and conditions of the third-party maps apps;
• the App may collect and use location data to provide route optimisation services. By using the App, Users consent to the collection, use, and storage of their location data in accordance with our Privacy Policy; and
• Users should be aware of the potential impact on their data usage and battery life when using the App.

5.1 APP USE

By signing up for an Account or otherwise using our App, you agree that you will not:

• misrepresent your age or identity;
• use another user's Account;
• use the App for any illegal, nefarious or harmful purpose; or
• use the Service to damage the reputation of Routed Pty Ltd.

5.2 ACCEPTABLE USE

We'll need you to make a few promises about the way you'll use the App. You agree:

• not to copy, reproduce, translate, adapt, vary or modify the App without our express consent;
• not to use the App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• not to attempt to breach the security of the App or Routed Pty Ltd's system security, or otherwise interfere with the normal function of the App, including by:
  • gaining unauthorised access to Accounts or data about other users of the App;
  • scanning, probing or testing the App for security vulnerabilities;
  • overload, flood, mailbomb, crash or submit a virus to the App or Routed Pty Ltd's system; or
  • instigate or participate in a denial-of-service attack against the App or Routed Pty Ltd's system; and
• to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the App comply with the Terms.

7.1 TRIAL PERIOD

We may from time to time offer a free trial period of the App (Free Trial Period). No payments will be due during any Free Trial Period and your first payment will be due immediately after the expiry of the Free Trial Period.

7.2 SUBSCRIPTION FEES

• You must pay Subscription Fees to us via the App Store, Play Store, or Paddle, in the amounts specified on the respective platform for your Subscription Tier, or as otherwise agreed (Subscription Fees).
• All Subscription Fees must be paid in advance and are non-refundable for change of mind.
• Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period (or immediately after the expiry of any applicable Free Trial Period) and at the beginning of every Renewal Period thereafter.

7.3 AUTOMATIC RECURRING BILLING

Subject to clauses 7.4 and 7.5:

• Your Subscription will continue to renew on an automatic indefinite basis unless you notify us, Paddle, or the respective App Store or Play Store, that you wish to cancel in accordance with this clause 7.
• While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.
• By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

7.4 GRACE PERIOD

If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, it is at the discretion of Apple or Google whether a refund will be issued for Subscriptions made through the App Store or Play Store. For Subscriptions made through Paddle, we will provide a 7-day grace period during which you may request a refund. Beyond this grace period, refunds will not be issued by Routed Pty Ltd.

7.5 CHANGES TO SUBSCRIPTION FEES

We may, from time to time, change our Subscription Fees and provide you with 10 Business Days' notice prior to the changes. During this time, you have the opportunity to cancel your Subscription. If you do not cancel your Subscription before the new Subscription Fees take effect, the Grace Period in clause 7.4 will apply.

7.6 LATE PAYMENTS

We reserve the right to suspend all or part of the App indefinitely if you fail to pay any Fees in accordance with this clause 7.

7.7 TAXES

Unless otherwise indicated, the Fees do not include any applicable taxes, such as sales tax, value-added tax (VAT), goods and services tax (GST), or similar taxes.

7.8 CARD SURCHARGES

We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

7.9 ONLINE PAYMENT PARTNER

• We may use third-party online payment partners, including but not limited to the Apple App Store, Google Play Store, Paddle, to collect Subscription Fees.
• Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you acknowledge agree that:
  • The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions, and privacy policies of the respective Online Payment Partner, which can be found on their official platforms (e.g., Google, Apple, or Paddle).
  • you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment; and
  • We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
• You have the right to reject any terms and conditions of the Online Payment Partner. If you reject those terms, we cannot provide you with the Subscription and clause 15 will apply.

8.1 APP CONTENT INTELLECTUAL PROPERTY

• (Our ownership) We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (App Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the App Content not expressly granted to you.
• (Licence to you) You are granted a licence to the App Content, for the Number of Solution Uses, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the App. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any App Content without prior written consent from us or as otherwise permitted by law.

8.2 USER DATA

14.1 WARRANTIES AND LIMITATIONS

• (Warranties) We warrant that: during the Subscription Period, the App will perform substantially in accordance with the intended purpose; the App will be provided as described to you in, and subject to, these Terms; and to our knowledge, the use of the App in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
• (Errors) We will correct any errors, bugs or defects in the App which arise during your Subscription and which are notified to us by you, unless the errors, bugs or defects result from the interaction of the App with any other solution or computer hardware, software or services not approved in writing by us; result from any misuse of the App; or result from the use of the App by you other than in accordance with these Terms.
• (Service Limitations) While we will use our best endeavours to ensure the App is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter issues such as: the App may have errors or defects; the App may not be accessible at times; messages sent through the App may not be delivered promptly, or delivered at all; information you receive or supply through the App may not be secure or confidential; or any information provided through the App may not be accurate or true.
• (Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
• (Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

14.2 LIABILITY

• To the maximum extent permitted by law and subject to clause 14.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the App is limited to the total Fees paid to us by you in the 6 months preceding the date of the event giving rise to the relevant liability.
• Clause 14.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of clauses 2, 5, 8 and 10.

14.3 CONSEQUENTIAL LOSS

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:

• in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property; or
• to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

15.1 CANCELLATION AT ANY TIME

• You may cancel or terminate your Subscription for convenience at any time by providing notice to the Apple App Store, Google Play Store, or Paddle through your respective account.
• We may suspend access your Account immediately if we reasonably determine that you have breached any term of this agreement. This suspension will remain in effect until the breach is resolved as outlined in clause 15.2.

15.2 CANCELLATION FOR BREACH

• A "Breach" of these Terms means: a party (Notifying Party) considers the other party (or any of its Personnel or Users) is in breach of these Terms and notifies the other party; the other party is given 10 Business Days to rectify the breach; and the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
• You may cancel your Subscription immediately by written notice to the Apple App Store, Google Play Store, or Paddle through your respective account if there has been a breach of these Terms by us.
• We may revoke access to your Account indefinitely and immediately by written notice to you if there has been a breach of these Terms. Where this occurs, if your Subscription was made via the Apple App Store or Google Play Store, you must cancel it yourself through your respective account, as we do not have the ability to do so. For Subscriptions made through Paddle, we will cancel the Subscription on your behalf.

15.3 EFFECT OF TERMINATION

Upon termination of this agreement:

• you will no longer have access to the App, your Account or your User Data and we will have no responsibility to store or otherwise retain any User Data;
• unless agreed in writing, any Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Renewal Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable; and
• each party must comply with all obligations that are by their nature intended to survive the end of this agreement.

20.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.

20.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

20.7 INTERPRETATION

• (singular and plural) words in the singular includes the plural (and vice versa)
• (currency) a reference to $; or "dollar" is to Australian currency unless specified
• (gender) words indicating a gender includes the corresponding words of any other gender
• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning
• (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity
• (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee
• (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement
• (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time
• (headings) headings and words in bold type are for convenience only and do not affect interpretation
• (includes) the word "includes" and similar words in any form is not a word of limitation
• (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision