Terms of Use and Disclaimer

Please carefully read these terms and conditions (“Terms of Use”) for use of this Site. The Site is provided by the State of Queensland acting through the Department of Transport and Main Roads for use by Queensland drivers.

1. Terms of Use
   • By using the Site, you agree you accept these Terms of Use and you agree to abide by them as a legally binding agreement between you and us. Your use of the Site constitutes your acceptance of these Terms of Use, which takes effect each time you use the Site. If you do not agree with these Terms of Use, you must cease using the Site.
   • In these Terms of Use:
     • the expression ‘Content’ refers to information and services provided by accessing and using the Site.
     • the expression ‘user’, ‘you’ and ‘your(s)’ refers to the person accessing and using the Site.
     • the expression ‘we’, ‘us’, ‘our’ and “the Department” means the State of Queensland acting through the Department of Transport and Main Roads.
     • the expression “Site” means the 131940 website and all or any webpages including the associated technology and Content.
2. Precedence
   • These Terms of Use shall take precedence and prevail over any other terms associated with the Content and Site including those which may appear in any website footer.
3. Your use of the Site
   • You acknowledge and understand that the Department may from time-to-time amend or update these Terms of Use and you agree that you are obliged to ensure that your use of the Site complies with the Terms of Use that are published and in force at the relevant time.
   • You acknowledge and agree:
     • to only use the Site to obtain information about Queensland journeys and road routes for your personal use in Queensland ("the intended purpose");
     • not to attempt to reverse engineer, modify, copy, transfer, sell, disseminate, distribute, decompile, or disassemble any of the Content made available or accessible in connection with the Site;
     • not use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use; and
     • the Site is provided free of charge and use of the Site for commercial gain is strictly prohibited.
4. Data charges and access
   • The Internet connection required to use the Site, and any associated charges incurred by your use of the Site are your exclusive responsibility and solely your expense.
   • The Department disclaims any and all responsibility for or associated with your arrangements with your telecommunications provider including network access and data allowances.
5. Intellectual property
   • You do not own the Site or any Content that is provided to you through it.
   • Your use the Site and the Content does not, and is not intended to, grant you any interest or right with respect to any intellectual property in the Site and Content, other than as stated in the copyright notice.
   • All Content, including but not limited to all software, design, brand names, trade marks, text, photographs, information, sound recordings, images and other material is protected by copyright, trademark and intellectual property laws in Australia. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Site or any of its components including the Content.
6. Your risk
   • You access and use the Site at your own risk and the Department accepts no responsibility for any interference, loss, damage or disruption to your computer or devices or otherwise which arises in connection with your use of the Site and the Content.
   • You must take your own precautions to ensure that the process which you use to obtain access to the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer or mobile device or otherwise cause you or any person loss, damage or corruption.
7. No warranty
   • The Site is provided 'as is' and the Department does not expressly or impliedly warrant that the Site is fit for any particular purpose, including the intended purpose.
   • Additionally, the Department does not warrant:
     • the accuracy, reliability, adequacy or completeness of the Site or the Content including the accuracy of maps and road conditions presented or displayed in the Content;
     • the Site will be error free or available for use at any particular time without interruption; and
     • the Site will meet your requirements or apply to your circumstances.
8. Disclaimer, limitation of liability and indemnity
   • The Content and Site is provided by the Department as an information source only and you should not rely on it. The Content may also include third party content for which the Department is not responsible.
   • The Content and Site is not intended to replace information provided on a road, such as road restrictions, signage, warnings, traffic lights or other lawful directions and instructions (road signs). It is your responsibility to always drive carefully and in accordance with road conditions, road signs and all traffic laws.
   • The Department disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs which you might incur as a result of the Content and this Site being inaccurate, unreliable, inadequate or incomplete in any way.
   • The Department makes no warranties that the Content or Site is free of infection by computer viruses or other contamination. The Department recommends that you use appropriate virus scanner before downloading any Content from this site. The Department disclaims all liability for any damages arising from your access to, use of, reliance on or downloading of any Content and use of this Site.
   • Links to third party sites are inserted for convenience. The Department makes no representation or warranty regarding the content of these sites nor for any third party information incorporated in the Site. No responsibility is taken for the consequences of viewing and relying on this content. Provision of these links and use of any third party content does not constitute endorsement or support by the Department for the information, products, services or persons associated with the related third party sites and third party content.
   • You hereby release discharge, indemnify and hold harmless the Department and each of its officers and employees from and against any claim which may be brought against or made upon or incurred by any of them in connection with your:
     • use of the Content and Site (whether or not that use is for the intended purpose);
     • your reliance on information contained in or accessed through the Site;
     • breach of these Terms of Use;
     • breach of any law; and
     • infringement of the intellectual property rights or moral rights of any person.
9. Amendment and Termination
   • The Department reserves the right to:
     • withdraw or amend the Content and the Site without notice,
     • cease operating the Site at any time without notice, and
     • terminate this agreement.
   • At any time You may terminate this agreement by ceasing all use of the Site.
10. Privacy
    • The Department abides by the Information Privacy Act 2009 when managing personal information.
    • The Department will comply with its Privacy Policy.
11. General
    • These Terms of Use shall be governed by and construed according to the laws in force in the State of Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.
    • These Terms of Use, together with other documents referred to in it, constitutes the entire agreement between you and the Department relating to the Site.
    • The invalidity or unenforceability of any provision of these Terms of Use shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.
    • If a provision of these Terms of Use is found by a court of law to be invalid or unenforceable it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.
    • No provision of these Terms of Use will be taken to be waived except by written notice signed by you and the Department.
    • Should you have any questions regarding the Terms of Use please contact the Site administrator.