Far North Region SMS traffic alerts terms and conditions

Important:

By subscribing to the Service (defined in Clause 16) you acknowledge and agree to the following terms and conditions in their entirety. If you do not agree, do not subscribe to the Service.

User's Agreement

1. We are collecting and storing your personal information on this website for the purpose of sending you free traffic alerts to your nominated contact for major changes to traffic conditions in the Cairns region.  You agree that we may use your personal information for this purpose.
   
2. We are providing the Service as part of our function to promote the effective and efficient movement of people, goods and services in Queensland.
   
3. You agree that the Department’s officers will have access to your personal information for the above purpose and purposes directly related to it. Your personal information will not be disclosed to any other party without your consent unless required or permitted by law.
   
4. In providing the Service, we rely on the accuracy of the information you have provided on this website. You agree that it is entirely your responsibility to ensure that the information is correct and up to date and that your mobile phone device and communication service are compatible with the mobile communication system for the receipt of SMS text messages. 
   
5. You agree not to impersonate any other person, or to misuse the Service by unduly duplicating your subscription to the Service.  
   
6. You agree not to use the Service in any way for commercial or unlawful purposes.
   
7. You agree not modify or otherwise change any information that is sent to you via the Service with the intention of misleading or otherwise misinforming another party.
   
8. We do not warrant the accuracy or completeness of the content of the SMS text messages, and no responsibility is taken for the consequences of relying upon the information.  We also do not warrant the receipt of traffic alerts by you.
   
9. You agree to indemnify us, our employees, agents, contractors and volunteers (“the Indemnified Party”), against any Loss or Claim that may be made or brought by any person or corporation against the Indemnified Party arising directly or indirectly out of your default under these Terms and Conditions, your reliance on the Service or your unlawful, wilful or negligent acts or omissions except to the extent that the Loss is caused by the Indemnified Party’s negligent acts or omissions. This clause shall survive even if you unsubscribe from the Service or the Service is terminated.
   
10. We have the right (but not the obligation), in our absolute discretion, to delete or deactivate your account or otherwise terminate your subscription or use of the Service (or any part thereof) immediately and without notice, for any reason, including, without limitation, if we believe that you have acted inconsistently with these Terms and Conditions. We shall not be liable to you or any third party for termination of your subscription to the Service.  You agree that if we delete or deactivate you account or otherwise terminate your subscription we may immediately dispose of your personal information.  
    
11. You agree that we may update these Terms and Conditions from time to time, in our absolute discretion, with notice to you by SMS text messaging to the details you provide on this website. The most current version of these Terms and Conditions will be made available on this website and will supersede all previous versions. By continuing to use this Service after notice is given to you, you agree to be bound by the most current version of these Terms and Conditions.
    
12. You may unsubscribe from the Service by following the instructions on this website.
    
13. The Terms and Conditions comprise the entire agreement between you and us, and no written or oral agreement, arrangement or understanding made or entered into is to be read or incorporated into the agreement.
    
14. The Terms and Conditions are governed by and construed according to the law of the State of Queensland and you agree to submit to the jurisdiction of the Courts of the State of Queensland.
    
15. None of these Terms and Conditions will be taken to be waived except by written notice signed by you and us.
    
16. For the purpose of these Terms and Conditions the following definitions apply:
    • “Service” means the provision of traffic alerts for major changes to traffic conditions by us and for the purpose described in clause 1.
    • “we” and “us” means the State of Queensland acting through the Department of Transport and Main Roads and its successors.
    • “you”, “your” means the legal entity or entities subscribing to the Service.
    • “Loss” means direct or indirect loss (including consequential loss), damage (including property damage), costs (including all reasonable legal costs), death or injury,
    • “Claim” means any action, claim, proceeding, demand or prosecution.