WEBSITE AND APPLICATION POLICIES/TERMS AND CONDITIONS

Oversize Pilot Positioning System (O.P.P.S.)

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE

Welcome to Oversize Pilot Positioning System. Please read these terms as they set out your rights and responsibilities when using our website.

This website (‘Site’) is operated by SKAROTTS TRANSPORT PTY LTD PTY LTD T/A OVERSIZE PILOT POSITIONING SYSTEM (we, our or us). It is available at: https://opps.au/ and may be available through other addresses or channels.

How you consent to these terms of use

If you access or use our Site, you are taken to have agreed to these terms of use and our Privacy Policy (available on the Site) (‘Terms’). Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.

When we make changes to these terms of use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (‘Content’) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Your licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Conduct we don’t accept

When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes (without limitation):

anything that would constitute a breach of an individual’s privacy (including submitting an enquiry on behalf of an individual, or uploading private or personal information without an individual’s consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
using our Site to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our Site

You are prohibited from using our Site, including our Content, in any way that competes with our business.

Our Site is for your personal use only

We’ve designed our Site for you to use it personally, and not on a commercial basis. You must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

Information

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:

copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Enquiries

You may be permitted to upload, submit or transmit relevant information and content on our Site through our contact form or by other means (‘Enquiry’).

You agree that you are solely responsible for all Enquiries that you make available on or through our Site. You represent and warrant that we may use information provided in your Enquiry to contact you and for other purposes as set out in our Privacy Policy.

Third party sites

Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

What happens if we discontinue our Site

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:

they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free or free from viruses; or
our Site will be secure.

You read, use and act on our Site and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (‘Liability’) suffered by you or any third party, arising from or in connection with your use of our Site or the Content or any inaccessibility of, interruption to or outage of our Site or any loss or corruption of data or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating these terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (‘Dispute’), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

If a part of these Terms isn’t right

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Which laws govern these terms of use

Your use of our Site and these Terms are governed by the laws of South Australia, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

SKAROTTS TRANSPORT PTY LTD ACN 647 469 654 T/A OVERSIZE PILOT POSITIONING SYSTEM

Email: [email protected]

Telephone: 0417 753 866

Last update: March 2024

Oversize Pilot Positioning System (O.P.P.S.)

WEBSITE PRIVACY POLICY

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website (‘Site’) and our software application (‘Application’). In this Privacy Policy we, us or our means SKAROTTS TRANSPORT PTY LTD ACN 647 469 654 T/A OVERSIZE PILOT POSITIONING SYSTEM.

We respect your privacy

We respect your right to privacy and are committed to safeguarding the privacy of our customers and Site users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

“Personal information” is information we hold which is identifiable as being about you.

Personal Information

The types of personal information we may collect about you include:

your name;
your contact details, including email address, mailing address, street address and telephone number;
information you provide to us when submitting an enquiry through our contact form;
your credit card or payment details;
details of services we have provided to you and that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, accounts from which you permit us to collect information, or in the course of providing services to you; and
any other personal information requested by us or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

to contact and communicate with you, including to respond to your online enquiry;
to enable you to access and use our Site and associated applications;
for internal record keeping, administrative purposes, invoicing and billing purposes; and
to comply with our legal obligations and resolve any disputes that we may have.

We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Application or our Site and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

Use of your personal information

We may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

The Site may make third party social media features available to its users. We cannot ensure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy.

We may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

Disclosure of personal information to third parties

We may disclose personal information to:

third party service providers for the purpose of enabling them to assist us in providing our services to you, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, professional advisors and payment systems operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
protect our copyright, trademarks, legal rights, property or safety of SKAROTTS TRANSPORT PTY LTD, its application, website and customers or third parties;
third parties, including agents or sub-contractors, who assist us in providing information or services to you; and
third parties to collect and process data.

Where we disclose your personal information to third parties, we will request that the third party handle your personal information in accordance with this Privacy Policy.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

By providing us with personal information, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

We do not currently collect sensitive information. If we do collect sensitive information, provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.

Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications, please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Site use

When you come to our Application we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

Geo-location

When you visit the Site, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.

Complaints about privacy

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to the below specified address. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

For any questions and notices, please contact us at:

SKAROTTS TRANSPORT PTY LTD ACN 647 469 654 T/A OVERSIZE PILOT POSITIONING SYSTEM

Email: [email protected]

Telephone: 0417 753 866

Oversize Pilot Positioning Systems (O.P.P.S.)

APPLICATION TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

About the Application

Welcome to Oversize Pilot Positioning Systems (O.P.P.S) (the ‘Application‘). The Application provides you with a technology platform providing a real-time solution to help maintain the safe distance between the Pilot vehicle and the Oversize load without the requirement of driver judgement (the ‘Services‘).

The Application is operated by SKAROTTS TRANSPORT PTY LTD ACN 647 469 654 T/A OVERSIZE PILOT POSITIONING SYSTEM. Access to and use of the Application, or any of its associated Products or Services, is provided by SKAROTTS TRANSPORT PTY LTD. Please read these terms and conditions (‘Terms‘) carefully. By using, browsing or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.

SKAROTTS TRANSPORT PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SKAROTTS TRANSPORT PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SKAROTTS TRANSPORT PTY LTD in the user interface.

Registration to use the Services

In order to access the Services, you must first register for an account through the Application (the ‘Account‘).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address

Preferred username

Mailing address

Telephone number

Password

You warrant that any information you give to SKAROTTS TRANSPORT PTY LTD in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Application (‘Member‘) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

you are not of legal age to form a binding contract with SKAROTTS TRANSPORT PTY LTD; or

you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Member

As a Member, you agree to comply with the following:

you will use the Services only for purposes that are permitted by:

the Terms; and

any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

you have the sole responsibility for protecting the confidentiality of your password and email address. Use of your password by any other person may result in the immediate cancellation of the Services;

any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SKAROTTS TRANSPORT PTY LTD of any unauthorised use of your password or email address or any breach of security of which you have become aware;

access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of SKAROTTS TRANSPORT PTY LTD providing the Services;

you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SKAROTTS TRANSPORT PTY LTD;

you will not use the Services or Application for any illegal or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by SKAROTTS TRANSPORT PTY LTD for any illegal or unauthorised use of the Application; and

you acknowledge and agree that any automated use of the Application or its Services is prohibited.

Payment

Where the option is given to you, you may make payment for the Services (the ‘Services Fee‘) by way of one of the following options:

Credit Card Payment (‘Credit Card‘)

All payments made in the course of your use of the Services are made using Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the SKAROTTS TRANSPORT PTY LTD terms and conditions which are available on their Application.

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that SKAROTTS TRANSPORT PTY LTD can vary the Services Fee at any time.

Refund Policy

SKAROTTS TRANSPORT PTY LTD will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of SKAROTTS TRANSPORT PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).

Copyright and Intellectual Property

The Application, the Services and all of the related products of SKAROTTS TRANSPORT PTY LTD are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by SKAROTTS TRANSPORT PTY LTD or its contributors.

All trademarks, service marks and trade names are owned, registered or licensed by SKAROTTS TRANSPORT PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Application pursuant to the Terms;

copy and store the Application and the material contained in the Application in your device’s cache memory; and

print pages from the Application for your own personal and non-commercial use.

SKAROTTS TRANSPORT PTY LTD does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by SKAROTTS TRANSPORT PTY LTD.

SKAROTTS TRANSPORT PTY LTD retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of SKAROTTS TRANSPORT PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

Privacy

SKAROTTS TRANSPORT PTY LTD takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to SKAROTTS TRANSPORT PTY LTD’s Privacy Policy, which is available on the Application and at https://opps.au/about-opps/.

Network Access and Devices

You are responsible for obtaining the mobile and data network access necessary to use the Application and the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices or operate in any particular geographic location.

In addition, the Services may be subject to malfunctions, and delays inherent in the use of the internet, mobile and data network and electronic communications, including but not limited to a loss of internet or mobile phone coverage.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

SKAROTTS TRANSPORT PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SKAROTTS TRANSPORT PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SKAROTTS TRANSPORT PTY LTD) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, mobile phone or internet coverage, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);

costs incurred as a result of you using the Application, the Services or any of the products of SKAROTTS TRANSPORT PTY LTD; and

the Services or operation in respect to links which are provided for your convenience.

Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of SKAROTTS TRANSPORT PTY LTD. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, SKAROTTS TRANSPORT PTY LTD will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

Limitation of liability

SKAROTTS TRANSPORT PTY LTD’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that SKAROTTS TRANSPORT PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until terminated by either you or by SKAROTTS TRANSPORT PTY LTD as set out below.

If you want to terminate the Terms, you may do so by:

not renewing the Subscription prior to the end of the Subscription Period;

providing SKAROTTS TRANSPORT PTY LTD with 14 days’ notice of your intention to terminate; and

closing your accounts for all of the services which you use, where SKAROTTS TRANSPORT PTY LTD has made this option available to you.

Your notice should be sent, in writing, to SKAROTTS TRANSPORT PTY LTD via the ‘Contact Us’ link on our homepage.

SKAROTTS TRANSPORT PTY LTD may at any time, terminate the Terms with you if:

you do not renew the Subscription at the end of the Subscription Period;

you have breached any provision of the Terms or intend to breach any provision;

SKAROTTS TRANSPORT PTY LTD is required to do so by law;

the provision of the Services to you by SKAROTTS TRANSPORT PTY LTD is, in the opinion of SKAROTTS TRANSPORT PTY LTD, no longer commercially viable.

Subject to local applicable laws, SKAROTTS TRANSPORT PTY LTD reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SKAROTTS TRANSPORT PTY LTD’s name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify SKAROTTS TRANSPORT PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) or any direct or indirect consequences incurred, suffered or arising out of or in connection with you accessing, using or transacting on the Application or using the Services or attempts to do so; and

any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Institute of South Australia or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in South Australia, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by SKAROTTS TRANSPORT PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

Governing Law

The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

For any questions and notices, please contact us at:

SKAROTTS TRANSPORT PTY LTD ACN 647 469 654 T/A OVERSIZE PILOT POSITIONING SYSTEMS

Email: [email protected]

Telephone: 0417 753 866

Oversize Pilot Positioning System (O.P.P.S.)

MOBILE APPLICATION PRIVACY POLICY

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APPLICATION

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our software application (‘Application’) and our website (‘Site’). In this Privacy Policy we, us or our means SKAROTTS TRANSPORT PTY LTD ACN 647 469 654 T/A OVERSIZE PILOT POSITIONING SYSTEM.

We respect your privacy

We respect your right to privacy and are committed to safeguarding the privacy of our customers and software application users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

“Personal information” is information we hold which is identifiable as being about you.

Personal Information

We will, from time to time, receive and store personal information you enter onto our Application, provide to us directly or give to us in other forms.

The types of personal information we may collect about you include:

your name;
your contact details, including email address, mailing address, street address and telephone number;
information you provide to us when submitting an enquiry through our contact form;
your credit card or payment details;
details of services we have provided to you and that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Application, including through the use of Internet cookies, your communications with our Application or our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Application, our Site, accounts from which you permit us to collect information, or in the course of providing services to you; and
any other personal information requested by us or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Data created during the use of the Application

Location data:

We collect precise and approximate location data from a users’ mobile devices when the Application is running in the foreground (app open and on-screen) or background (app open but not on-screen).

We collect such data from the time the Application is opened and any time the Application is running in the foreground (app open and on-screen) or background (app open but not on-screen) until the Application is closed.

This data is used for purposes such as assessing and maintaining pilot vehicle distance from the oversize load, linking the two drivers phones, customer support and overall Application use.

Usage data:

We collect data about how users interact with the Application services. This includes access dates and times, Application features, browser type, and Application crashes and other system activity.

Collection and use of personal information and data created during use of our Application

We may collect, hold, use and disclose personal information and data created during use of the Application for the following purposes:

to contact and communicate with you, including to respond to your online enquiry;
customer support;
to enable you to access and use our Application and associated Site;
for internal record keeping, administrative purposes, invoicing and billing purposes;
fraud detection;
insurance;
litigation; and
to comply with our legal obligations and resolve any disputes that we may have.

Use of your personal information

The Application may make third party social media features available to its users. We cannot ensure the security of any information you choose to make public in a social media feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy.

We may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

Disclosure of personal information to third parties

We may disclose personal information to:

third party service providers for the purpose of enabling them to assist us in providing our services to you, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, professional advisors and payment systems operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
protect our copyright, trademarks, legal rights, property or safety of SKAROTTS TRANSPORT PTY LTD, its application, website and customers or third parties.
third parties, including agents or sub-contractors, who assist us in providing information or services to you; and
third parties to collect and process data.

Where we disclose your personal information to third parties, we will request that the third party handle your personal information in accordance with this Privacy Policy.

How we treat personal information that is also sensitive information

Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications, please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

Cookies and web beacons

We may use cookies on our Application from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Application with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Application from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

Links to other websites

Our Application may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Software Application

Automatic collection

The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Access to your personal information

You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us via the below at [email protected].

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Complaints about privacy

Opt out right

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at [email protected].

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Application and our Site. We recommend you check our Application or Site regularly to ensure you are aware of our current Privacy Policy.

For any questions and notices, please contact us at:

SKAROTTS TRANSPORT PTY LTD ACN 647 469 654 T/A OVERSIZE PILOT POSITIONING SYSTEM

Email: [email protected]

Registered Office Address: Level 1 100 Hutt Street, ADELAIDE SA 5000

Telephone: 0417 753 866

Last update: March 2024

Oversize Pilot Positioning System (O.P.P.S.)

Oversize Pilot Positioning System (O.P.P.S.)

Oversize Pilot Positioning Systems (O.P.P.S.)

Oversize Pilot Positioning System (O.P.P.S.)

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