Terms of Use

 

Terms of Use

1 Requirements

1.1 Railpage Australia offers you the ability to access Services using the Member ID under these Terms of Use, on the strict condition that you only do so for the sole purpose of accessing information and Services permitted to be accessed by that Member ID. In entering into the Terms of Use, you are undertaking to use Railpage Australia and the Services in a responsible manner in accordance with these Terms of Use.

1.2 Railpage Australia does not guarantee that material on the site or the Services is suitable for persons under 18 years of age. If you are under 18 years of age, you must obtain a parent or guardian's consent prior to using Railpage Australia or the Services and supervision while using Railpage Australia or the Services is required and implied.

1.3 You acknowledge that the Member ID is issued to you for the purposes of accessing Railpage Australia and for using the Services. Any other use of your Member ID is prohibited. You are solely responsible for all actions using your Member ID. Railpage Australia is entitled to rely solely on your Member ID as conclusive evidence of your identity and authority without further investigation. You are solely responsible for any loss caused by use of your ID by you or any other person.

2 Prohibited activities

2.1 You must not:

(a) use Railpage Australia or the Services for any activities or post or transmit to or via Railpage Australia or the Services any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes, or use Railpage Australia or the Services to advocate, aid or abet, counsel, incite or instruct another person to breach any laws or regulations or infringe a third party's rights;

(b) use Railpage Australia or the Services in a way or post to or transmit to or via Railpage Australia or the Services any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying Railpage Australia or the Services;

(c) knowingly make any fraudulent, unauthorised or speculative enquiries, requests, claims, bookings, reservations, solicitations or other representations using Railpage Australia or the Services;

(d) use another's name, username or password, or in any other way attempt to impersonate another person ;

(e) post, or transmit via Railpage Australia or the Services, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;

(f) tamper with, hinder the operation of or make unauthorised modifications to Railpage Australia or the Services;

(g) knowingly transmit any virus or other disabling feature to or via Railpage Australia or the Services;

(h) assign or transfer your Member ID, rights or benefits under these Terms of Use to any other person or entity without the prior written consent of Railpage Australia; and

(g) attempt any of the above acts or permit another person to do any of the above acts.


3 Third Party Content

3.1 Services may be the products, services and information of third parties.

3.2 The third party products, services and information are not necessarily provided or endorsed by Railpage Australia and your legal relationship is with the third party supplier.

3.3 Railpage Australia does not guarantee the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties and no such guarantee should be implied. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via Railpage Australia or the Services. You should check with the third party supplier whether there are terms which may apply.

3.4 Railpage Australia may receive fees and/or commissions from third parties for products and services of such third parties displayed or made available on Railpage Australia or the Services or accessible through a hyperlink on Railpage Australia or the Services. You acknowledge and consent to Railpage Australia receiving such fees.


4 Products and prices and services are subject to change

4.1 Products and services offered to be supplied on Railpage Australia are subject to change without notice. Any and all prices are subject to change without notice.


5 Railpage Australia Forums and Messaging Services

5.1 Railpage Australia provides a discussion forum and messaging services via Railpage Australia or the Services.

5.2 Railpage Australia may modify or delete any message sent to you or by you if it is deemed inappropriate, in any way breaches the Terms of Use and Acceptable Use Policy or as otherwise deemed necessary. Railpage Australia may decide what it deems inappropriate or necessary on a case by case basis.

5.3 If messages are modified or deleted, there is no obligation to notify you or the recipient of the message. Railpage Australia Moderators and Administrators may at their discretion issue informal or formal warnings to users who breach the Terms of Use and Acceptable Use Policy.

5.4 You are responsible for all equipment and software used to access the Services, and for the consequences of any filtering or other application you choose to apply to the Services.

5.5 From time to time, Railpage Australia may need to send you important messages about the Services which are essential or relate to the Services. Your consent to receive such messages is implied.

5.6 Without limiting the grounds on which we may terminate your access to Railpage Australia or the Services under these Terms of Use, we may terminate your access to Services for any reason, at any time with or without notice and/or explaination.



6 Security

6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Railpage Australia or the Services' servers. Railpage Australia is not responsible for any information you may lose if the Railpage Australia or the Services servers terminate your browser session due to prolonged periods of inactivity between your browser and the Railpage Australia or the Services servers.

6.2 You must comply with all directions issued by Railpage Australia or its staff or agents pertaining to use of your Member ID and access to Railpage Australia or the Services. You will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet and you must not send or disclose your Member ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain access to the Member ID, except as specified in clause 6.3 below. If you choose to use a workplace email address to access the Services, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.

6.3 You must not keep your Member ID in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person or disclose your Member ID to any other person.

6.4 You must immediately notify Railpage Australia if you become aware:

(a) that your Member ID has been compromised or is known to a third party; or

(b) of any unauthorised use of your Member ID; so we can take steps whatever steps are with within Railpage Australia's control to deactivate the Member ID and issue you with a new Member ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under this agreement.

6.5 Railpage Australia does not guarantee:

(a) the security of the Services or any systems used in accessing the Services;

(b) any information passed through such systems; or

(c) access to the Railpage Australia Services or any systems used in accessing the Railpage Australia Services will be continuous or error free.


7 Communications

You acknowledge that where the Services require Railpage Australia to email you, the following will apply:

(a) Railpage Australia will address and send emails to the email address provided by you. You are solely responsible for ensuring that your contact details for the Services are current (including email address), your email service is operational and that you check your emails regularly;

(b) if Railpage Australia sends an email to the email address provided by you, you are deemed to have received that email and Railpage Australia is not obliged to take any further action to confirm that you have received, opened and/or read the email unless you promptly notify Railpage Australia and demonstrate that the email was not delivered to your email address; and

(c) if Railpage Australia receives an automated email non-delivery notification indicating you have not received the email that Railpage Australia has sent you containing or regarding a Service, Railpage Australia will use reasonable endeavours to attempt to contact you, including non-electronic means, but does not guarantee that Railpage Australia will be able to contact you.


8 Indemnity

8.1 You indemnify Railpage Australia and any officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of Railpage Australia or the Services by you or someone using your name and password.


9 Disclaimer and limitation of liability

9.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of Railpage Australia or the Services, any failure to provide Railpage Australia or the Services, including a messaging service, or in connection with any products, services or information supplied, offered to be supplied or advertised via Railpage Australia or the Services.

9.2 To the extent permitted by law, all warranties, conditions and representations about Railpage Australia or the Services, the availability of Railpage Australia or the Services for access and use, the products and services advertised, offered to be supplied or supplied via Railpage Australia or the Services and the information provided on Railpage Australia or the Services are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use.

9.3 You acknowledge that you have not relied on any representation made by Railpage Australia which has not been stated expressly in these Terms of Use. Railpage Australia may change these Terms of Use and any other information relating to the Services, including prices, at any time and your subsequent use of your Member ID will be governed by the varied Terms of Use.

9.4 While Railpage Australia has attempted to make the information in this and other associated documents as accurate as possible, it gives no guarantee as to the accuracy or currency of any individual item in the information base.

9.5 Railpage Australia gives no guarantee as to the accuracy or currency on web sites which are linked from this web site. Users requiring confirmation should refer to the relevant site owner.

9.6 Information provided about any Services are an expression of intent only and are not to be taken as a firm offer or undertaking. Railpage Australia reserves the right to discontinue or vary such Services or intentions.

9.7 The views and opinions of authors expressed on this web site do not necessarily state or reflect those of Railpage Australia or its members. Reference to any product, process, service, organisation or cause or the presence of a link from this site to another site does not necessarily constitute or imply endorsement or recommendation of Railpage Australia or its members and no such endorsement or recommendation should be inferred.

9.8 The laws, regulations and ordinances applicable to this web site are those of the Commonwealth of Australia and the State of Victoria. Railpage Australia has endeavoured to comply with all known legal and ethical requirements in compiling this web site and the Services offered. In the event that this web site does not conform with the laws, regulations or ordinances of any state or country in which it is viewed or received, Railpage Australia will not accept legal representation from any person or organisation from such a state or country.


10 Use of your information and material

10.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via Railpage Australia or the Services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.


11 Termination

11.1 If, in Railpage's reasonable opinion, you breach any of these Terms of Use, we may limit, suspend or terminate your access to Railpage Australia or the Services and terminate the Terms of Use effective immediately. We reserve the right to cancel your Member ID and/or to discontinue access to one or more of the Services at any time for any reason, without notice and/or explaination.


Railpage Australia Forums

Acceptance of the Terms of Use is a condition of use of and access to all areas of the forum. In addition, each individual forum area or the forum as a whole may have its own rules. These specify what you should and should not do while posting.

By entering the forum and using the Services offered on Railpage Australia you represent that you have read, and agree to be bound by the Terms of Use, Acceptable Use Policy and rules of each individual forum area or the forum as a whole.

Railpage Australia may modify or delete any message for any reason, without notice and/or explaination, and/or issue warnings to users for breaches of the Terms of Use and Acceptable Use Policy or for any other reason as deemed necessary.

Railpage Australia does not guarantee that the content in forums is suitable for children. Anybody under the age of 18 must obtain a parent or guardian's consent prior to entering discussion forums or chat rooms and supervision while using discussion forums or chat rooms is required and implied.

Railpage Australia to the maximum extent permissible by law excludes liability for the content on the forum. Railpage Australia reserves the right to monitor and/or modify the content at its sole discretion.