Hevway Pty Ltd

Terms & Conditions

Application

1. By using the website www.hevway.com.au (Site) or the Hevway (App) (together Services) the subscriber and each of its authorised employees, agents, contractors and users (You) agrees to the following terms and conditions (Terms) which may be revised or varied at any time without notice.

Limitation of service

2. Whilst Hevway endeavours to ensure that the Services are available at all times, there are many factors which affect the availability of the Services, and some of them are beyond the control of Hevway.
3. You acknowledge we provide navigation services using surveyed roads and on approved road networks in all states and territories. You acknowledge that Hevway will direct You to the closest geographical location to your destination if your destination is not within an approved road network. 

Your obligations

4. You must provide accurate, current and detailed information at all times. This includes (but is not limited to) crane weights, dimensions and sizes, cargo information and crane makes or models and such other information that we require. You acknowledge that the effective provision of the Services depends entirely on the accuracy of the information provided. You acknowledge that the release and indemnity that you provide at clause 18.4 is an essential term on which Hevway is entitled to rely. 
5. You acknowledge and agree that in Hevway is entitled and required to collect information in accordance with the Privacy Policy. You must provide all information and answer all questions fully and accurately, and be forthcoming with any relevant information.
6. You warrant that any equipment used in relation to the Services is used in accordance with all applicable laws, regulations, licences, permits, by-laws and orders (Laws) and with the requirements, instructions or directions of any authorised person or authority exercising a right pursuant to such Laws.
7. You agree to maintain compliance with all Heavy Vehicle National Laws and Regulations, these Terms, the Privacy Policy and all Laws and regulations of each state or territory where the Site or App are used.  Hevway may suspend access of the Site or App, terminate access or report conduct that breaches our Terms to the relevant law enforcement or regulatory authority. 
8. You acknowledge that You are solely responsible for maintaining employee safety and Chain of Responsibility compliance. You warrant that all tools, systems and process that you have in place to monitor your operations comply with Chain of Responsibility requirements in respect of driver fatigue, mass, vehicle standard and speed. 
9. You agree that any action taken that is related to the use of the Services will only be conducted in accordance with all Laws, relevant permits, licences or authorities which are required.
10. You acknowledge and agree that Hevway only authorises the use of its services in a safe manner, and You undertake to provide occupational health and safety training, safe working systems and hazard management to Your employees or authorised users, where reasonably required. 
11. You warrant that all of the persons engaged by the User are competent and have all necessary skills, knowledge, training and qualifications, and where necessary are licensed by relevant governmental authorities to use or control and equipment carry out the Services.

Use of the Site and App

12. The information and navigations services provided in the App and Site are not intended to replace the information provided on the road, such as travel direction, time-based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, or police instructions.
13. You warrant that all forms, documents, permits, licences and communications have been provided completely and correctly and that no information that may be relevant to the safe use of the Services has been omitted. 
14. Hevway reserves the right to cancel Your registration on the Site without notice at its sole discretion.
15. The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by Your use of the Service are Your exclusive responsibility and made solely at Your expense.
16. You are responsible for obtaining and maintaining all equipment and software to use the Site and the App.
17. You must maintain the confidentiality of Your password and login information at all times. You acknowledge that You are responsible for all activity that is conducted through Your account, even if such activity is unauthorised. 

Your warranties

18. You warrant that You will:
    1. not use the Services for any illegal purpose; 
    2. not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site or App without Hevway’s prior written consent; 
    3. provide Hevway with complete and accurate contact details when using the Site, and that You will enter only Your own details, and not the details of any other person (unless You are the employer of that person and authorised to act on their behalf);
    4. not impersonate or misrepresent any other person;
19. You warrant that:
    1. You will not use the Services in any way that is false, inaccurate or misleading, or violate any applicable law or regulation; 
    2. You are the owner or authorised user of the material that you upload. 

Disclaimer, limitation of liability and indemnity

20. Hevway is not liable for, and You indemnify Hevway (and our related bodies corporate and their respective officers, employees and consultants) against any and all claims, actions, proceedings, losses (including direct, in-direct and consequential losses), liabilities and expenses (including legal expenses on a full indemnity basis) in any way arising from or relating to:
    1. the Site or App by any person operating a vehicle under Your control; 
    2. any personal injury, mishap or death or any alleged or actual malpractice or negligence by any person using other Services (either with or without our authority); 
    3. any failure to comply with the Heavy Vehicle National Laws and Regulations and any additional laws and regulations in any state or territory;
    4. information that is false, incomplete or materially incorrect; and 
    5. Your use of the services offered by the Site. 
21. Nothing in these Terms or otherwise is intended to exclude or limit the operation of the Australian Consumer Law or any other laws implying terms, conditions or warranties into contracts for the supply of goods or services which cannot be excluded.  Subject to this clause, and to the fullest extent permitted by law, all implied rights, remedies, guarantees, conditions and warranties are hereby excluded.
22. Hevway provides the Site on an ‘as is’ basis and without any warranty, express, implied or statutory.
23. Hevway makes no warranty about the accuracy, reliability, currency, suitability or quality of any measurements or data provided on contained on the Site or the App.
24. Hevway has no responsibility for ascertaining the conditions of travel for any route. You acknowledge that You are solely responsible for consulting with all relevant road authorities or road managers.  
25. Without limiting the foregoing, You acknowledge that:
    1. You are solely responsible for the truth, accuracy and currency of any information that You provide;
    2. Hevway does not control, endorse, approve or warrant to the You the merchantability or fitness for any particular purpose of any of the goods or services of third parties used in the provision of the Services;
    3. Hevway does not warrant to You that anything on the Site or any linked or external site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them; 
    4. Hevway does not warrant to You that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
    5. the Site may experience interruptions and access difficulties from time to time and that Hevway will not be responsible for such interruptions or access difficulties; and 
    6. Hevway and all affiliates and related entities of Hevway have no responsibility for the legality of the actions of other users.
26. To the extent permitted by law, Hevway excludes all liability to You or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damages to reputation or goodwill) arising out of or in connection with any:
    1. removal or termination of Your access to the Services; or 
    2. use of the Service or information on or provided through the Site or any information or advice otherwise provided by Hevway. 

Payments 

27. You agree to pay all fees or charges in accordance with the fee schedule in effect at the time a fee or charge is due and payable. You acknowledge that we may change the manner in which we charge for the Services.

Intellectual Property

28. Intellectual Property means any registered or unregistered intellectual property rights including process, improvements, procedure, manufacturing method, techniques, the related confidential information, trademarks, copyright (including moral rights and future copyright) material and similar or neighbouring rights, designs, business names, domain names and company names, software, software programs and source code, whether or not existing at the date of this agreement and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any right to seek registration of, or to take action for infringement of, any such rights.
29. Subject to the Privacy Policy, You assign to Hevway the right, title and interest in any Intellectual Property and associated materials and documentation.

Use of images

30. Unless otherwise stated, all images (including background images, icons and illustrations) on the Site are copyrighted by their original owners.

Third-party copyright

31. Wherever a third party holds copyright in material presented on this Site, the copyright remains with that party. Their permission may be required to use the material.

Trademarks and names

32. The site includes trademarks and names. Use of those trademarks and names is with the permission of the owners and does not imply ownership or endorsement by Hevway.

Privacy

33. Hevway’s Privacy Policy can be viewed here.

Interpretation

34. In these Terms and Conditions:
    1. a reference to Hevway is a reference to Hevway Pty Ltd ABN 52 645 981 139
    2. capitalised terms have the meaning given to them when first used in these Terms;
    3. the singular includes the plural and vice versa;
    4. a reference to any gender includes a reference to all other genders;
    5. a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
    6. where an expression is defined (including by introduction), another part of speech or grammatical form of that expression has a corresponding meaning;
    7. headings are inserted for convenience only and do not affect the interpretation of these Terms;