Terms & Privacy

The application, content and services (‘the App’) ’is owned and operated by Enroute Tech Pty Ltd (ACN 670 736 562) (‘Enroute’ ‘the Supplier’ ‘us’ ‘we’ ‘our’). By using or accessing the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use the App. All Services are accepted and handled in accordance with the conditions below and you, the customer, accepts these conditions by using the Services.

1. Governing law

The Supplier manages the Services from the Supplier’s offices within Australia. These T&C’s are governed by the laws of the State of Victoria. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Victoria. Use of this App is for residents of Australia, only, and users must be over 18 years of age. The Service is not available for customers under 18 years of age.

2. Revisions to T&C’s

The Supplier may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use the Service after any revision becomes effective, you agree to be bound by the revised T&C’s.

3. Copyright

The material on this App is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this App including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the Supplier related companies, affiliates, licensors and licensees.

4. Advertising & Links to Third Party Websites

This App may contain information from or hyperlinks and other pointers to internet websites operated by third parties (‘linked sites’). Such information or websites are not under the control of the Supplier and the Supplier is not responsible for the contents of any such information or website. The Supplier provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services notwithstanding any summary of such information found on this website. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party websites.

5. Personal, non-commercial use

Permission is granted to download and print in hard copy portions of this App solely for the proper and reasonable purposes of:

• a. using this App as a shopping resource, provided that you do not modify the App and that the Supplier retain all copyright and other proprietary notices contained in its contents.
• b. you must not, without our prior written permission, exploit any of our App materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.

6. Prohibited conduct

You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the App, to reproduce, frame, download, store (in any medium), communicate, show or play in public including by uploading or reposting any of the App’s content to any other site on the world wide web (‘WWW’), adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained in this App or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.

7.Licence to use

7.1 You grant the Supplier an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this App or otherwise provide to the Supplier from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

7.2 You represent and warrant that you are the owner of any such data uploaded into the App from your device and that you have rights to grant us the licence in this clause.

8.User conduct

8.1 You must not upload, post, transmit or otherwise make available through the App any material which:

• a. violates or infringes the rights of others (including their privacy and intellectual property rights);
• b. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
• c. encourages or engages in conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• d. restricts or inhibits the Supplier or any other user from using the site;
• e. affects the functionality or operation of the App or the Supplier’s servers or the functionality or operation of any user's mobile device or computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
• f. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.

8.2 You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify the Supplier in connection with any such use (whether authorised or unauthorised of your user name or password).

9. Indemnity

9.1 You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.

9.2 You agree to indemnify and hold us and our officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including solicitor fees on a full indemnity basis) arising out of or in connection with:

• i. your use of the App and the provision of the Services or services or goods obtained provided by you from your use of the App or provision of the Services; and
• ii. our use of your user content.

10. Our Service

10.1 These terms supersede all prior communication and agreements between the Supplier and you.

10.2 The Supplier makes available to you through the App the service of facilitating the scheduling and arrangement of road side assistance services with a network of third party mechanics (‘the Service’).

10.3 The Supplier makes available the Service to third party mechanics who register to the App (‘you’ ‘Mechanic’).

10.4 These terms shall apply to the Supplier making available to you the use of the App so that you may provide the Service, in exchange for payment by you to the Supplier for the use of the App.

10.5 The Supplier offers the Service through the App available on compatible mobile devices.

10.6 The Supplier grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable licence to acquire and use the App for the sole purpose of providing the Service. Any rights not expressly granted herein, are reserved by us to the fullest extent permitted by law.

10.7 User Accounts and Requirements

The App and your provision of the Service is only available for use by you if you create and maintain an active account with the Supplier (‘User Account’).

10.8 You may only be allowed to create and use one User Account.

10.9 To be able to create a User Account, you must be at least 18 years of age. Provision of the Service is not available for those under the age of 18 years old or for those with an account that is temporarily or permanently deactivated.

10.10 To create a User Account you must provide the Supplier with your business name, address of your business, contact number and name of the person/s responsible within your business for using the App and providing the Service.

10.11 To create a User Account, you acknowledge and agree that at all times you as a Mechanic:

• a. hold a current Australian driver’s licence;
• b. hold all current applicable licences, permits, registrations, insurances and authority to provide road side mechanical services to third parties in Australia;
• c. hold all current and appropriate certification and training to provide road side mechanical services in a competent manner to third parties in Australia;
• d. operate a vehicle that is registered in your State or Territory, is clean, in good operating condition and is fit for the purpose of providing road side mechanical services to third parties;
• e. have legal authority to use the before mentioned vehicle;
• f. operate a vehicle that adheres to all applicable safety standard for the State or Territory in which you provide the Service. collectively (‘the Mechanic Requirements’)

10.12 You are responsible for ensuring that all details relating to your User Account and the Mechanic Requirements are accurate and up to date at all times. Should any of your details be incorrect, this may affect your ability to provide the Service and the Supplier will not be liable for any loss or claim whatsoever relating to your inability to provide the Service due to your User Account and Mechanic Requirement information being incorrect.

10.13 Upon creating a User Account, the Supplier will provide you with your own identification and password (‘Mechanic I.D.’) which is unique to you and will allow you to access the App. It is your responsibility to ensure that your Mechanic I.D. are kept secure. You may not authorise a Third Party person to use your Mechanic I.D.

10.14 You acknowledge and agree that in providing the Service, you will act in a conscientious manner towards the third party users and any other party and abide by all applicable laws and provide the Service for an unlawful purpose.

10.15 You acknowledge and agree that the Supplier reserves the right to conduct background checks on you from time to time relating to your driving record, police history and/or your Mechanical Information. The Supplier reserves their right to use their sole discretion to suspend or deactivate or restrict your access to your use of the App.

10.16 Service Request

The App will become active when you open the App and input your Mechanic I.D.

10.17 Once active, you may receive requests for road side assistance (‘Service Request’) from Users.

10.18 When you receive a Service Request, you will be provided with the first name and contact details of the User who made the Service Request and the location, make and registration of the User’s vehicle which is the subject of the Service Request. You acknowledge and agree that you will not contact the Users or use their personal information outside of providing the Service.

10.19 Should you receive a Service Request through the App, you will have the opportunity to accept and confirm the Service Request through the App.

10.20 You acknowledge and agree that once you have accepted and confirmed a Service Request, the Supplier will share with the User through the App your first name, contact information, your Vehicle make and registration number.

10.21 Should the Service Request not be clear, you may contact the User directly to discuss their mechanical issue further.

10.22 Once you have confirmed the Service Request through the App, payment for the Service by way of a call out fee (‘the call out fee’) will be due and payable immediately by the User.

10.23 Location

You acknowledge and agree that by using the App, your location information will be provided to the User. Your location will be provided to the User in the following circumstances:

• a.The App is open and active; and
• b.Prior to and during the provision of the Service Request to the User.

You acknowledge and agree that the User will be displayed your approximately location upon attending the Service Request.

10.24 The Service and your mobile device

To be able to provide the Service through the App, you must ensure that your mobile device that is used to run the App is able to access the data network. Your mobile network provider may charge certain rates for your access of the App and the Service, and you are responsible for all rates charged by your mobile network provider in conjunction with your use of the App and the Service. The Supplier will not be liable for any loss or claim whatsoever relating to your inability to access the App, the Service or delay of the Service due to your mobile network provider.

10.25 You are responsible for ensuring that your mobile device is compatible with the App for provision of the Service. The Supplier will not be liable for any loss or claim whatsoever relating to your inability to access the App or the Service due to your mobile device not being able to support the App.

10.26 Through creating a User Account and accessing the App to provide the Service, you agree to be contacted via text message or telephone by the Supplier or the User. You may opt out of being contacted by the Supplier or the User, however, this may affect your ability to provide the Service. The Supplier will not be liable for any loss or claim whatsoever relating to your inability to provide the Service due to your decision to opt out of communications from the Supplier and/or the User.

10.27 You and the Supplier

You acknowledge and agree that nothing contained in these terms shall constitute the relationship of partnership or employer and employee between you and the Supplier. You acknowledge and agree that the relationship between you and the Supplier is a business relationship.

10.28 You may use your sole discretion to determine what time you use the App and the duration of use of the App.

10.29 The Supplier may deactivate, suspend or restrict your use of the App at any time and without prior notice should you, your employees or agents be guilty of any dishonesty, serious misconduct or serious neglect of duty, or be in breach of any of these terms.

10.30 You and the User

You acknowledge and agree that providing the Service through the App to the User will create a direct business relationship between you and the User. You acknowledge and agree that the creation of this business relationship and the provision of Service by you to the User as a consumer, that you will be bound by the Australian Consumer Law.

10.31 The Supplier will not be liable for any loss or claim whatsoever relating to your acts or omissions with respect to the Service and the User in its entirety.

10.32 Insurances, permits and other registrations

You acknowledge and agree that you hold all ordinary and current insurances with respect to providing mechanical road side assistance. You further acknowledge and agree to maintain the before mentioned ordinary and current insurances whilst you are providing the Service. These insurances are including but not limited to public liability, worker’s compensation and vehicle insurance.

10.33 You acknowledge and agree that you hold all necessary registrations and qualifications with the appropriate Registered Body to be authorised to carry out mechanical road side assistance works.

10.34 You warrant that your name or the name you trade under is on all registrations, qualifications and insurances at all times.

10.35 You acknowledge and agree to provide to the Supplier, including but limited to copies of all registrations, certifications, licences, authorities, insurances policies and proof of payment of the said insurance policies upon the request of the Supplier. The Supplier reserves the right to verify the before mentioned when they deem necessary. Providing false or withholding such before mentioned documents will constitute a material breach of these terms.

10.36 You acknowledge and agree to advise the Supplier of any change to any of the insurances. The Supplier reserves their right to suspend or deactivate or restrict your access to the App should you not hold all ordinary and current insurances whilst providing the Service.

10.37 You are responsible for ensuring that all of your ordinary and current insurances are fit for purpose and current. The Supplier will not be liable or responsible for any loss or claim whatsoever relating to your insurance coverage.

10.38 Fees

You are entitled to charge a fee for each completed Service Request.

By using this App, you acknowledge and agree that the Supplier, on your behalf, will charge a standard call out fee and any other fees associated with the Service imposed by you based on the distance of the Users vehicle from you or the extent of work required on your vehicle by you.

10.40 The call out fee and any additional fee is due and payable by the User immediately upon the confirmation of the Service Request in Clause 10.

10.41 Payment to you for the Service

You acknowledge and agree that the Supplier will act as a limited collection agent and collect payment of the Service Request and any additional fee from the User on your behalf.

10.42 You acknowledge and agree that payment for the Service and any additional fee to the Supplier will be considered as payment made to you.

10.43 The User is ultimately responsible for providing to the Supplier their correct payment method and ensuring that their payment method has sufficient cleared funds available for payment of the Service once confirmation has been received.

10.44 The Supplier will not be liable for your inability to provide the Service or any delays in providing the Service caused as a result of the User providing incorrect payment information or as a result of the Users payment provider not authorising a payment to the Supplier.

10.45 You acknowledge and agree that the User may cancel the Service Request prior to your arrival, however the User may incur a cancellation fee for the cancellation request and the Supplier reserves their right to charge such a cancellation fee. In the event that the User cancels the Service Request, the following terms apply:

• a. If the User cancels a Service Request within 5 minutes of confirmation of the Service Request, the User will not be charged for the Service Request and will receive a refund of the call out fee.
• b. If the User cancels a Service Request after 5 minutes but before 10 minutes of confirmation of the Service Request, the Supplier will retain 30% of the call out fee and refund the remainder of the call out fee to the User.
• c. If the User cancels a Service Request after 10 minutes but before 20 minutes of confirmation of the Service Request, the Supplier will retain 60% of the call out fee and refund the remainder of the call out fee to the User.
• d. If the User cancels a Service Request after 20 minutes of confirmation of the Service Request, the Supplier will retain the entire call out fee and no refund will be provided to the User.

10.46 The Supplier will only provide refunds for payments made for the Service to the extent permitted under the Australian Consumer Law.

10.47 The Supplier reserves their right to revise the amount of the call out fee and any additional fee for the Service from time to time and at their sole discretion.

10.48 In providing the Service, the Supplier will rely solely on the pricing and service information provided by you and other third party mechanics (‘Mechanic Information’). Whilst we use our best endeavours to ensure the accuracy, completeness and timeliness of the Mechanic Information, it may be subject to change and accordingly we do not guarantee and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of any Mechanic Information.

10.49 App Service Fee

In consideration of the Supplier providing the technology platform for the purchase of the Service by Users, you acknowledge and agree that you will pay the Supplier a service fee on each Service Request (‘the service fee’).

10.50 The service fee is calculated as 10% of the entire sum of the Service Request charged by the Supplier, inclusive of the call out fee and any additional fee.

10.51 After the provision of a Service Request, the Supplier will email to your nominated email address the tax invoice for the Service Request.

11. Price

11.1 Prices displayed on this App are inclusive of GST and displayed in Australian Dollars. Prices and availability of the Service are subject to change without notice.

11.2 You acknowledge and agree that you are responsible for ensuring that you pay all applicable taxes relating to your provision of the Service.

11.3 The Supplier reserves the right to correct any error in pricing and is not liable in any way for any pricing errors and is not required to honour any pricing errors.

11.3 With respect to the Users, we will comply with the Australian Consumer Law in relation to refunds but to the extent permitted by law, once payment is made, we do not offer refunds.

12. Disclaimer

12.1 To the extent permitted by law, the Supplier will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to):

• a.loss of use, data, or profits, arising out of or in connection with the use, copying, or display of the contents of this App, goods or services supplied by the Supplier or a preferred partner under these T&C’s or a failure or omission on the part of the Supplier to comply with the Supplier obligations under these T&C’s;
• b.your acting, or failing to act, on any information contained on or referred to on the App or any linked App or site;
• c.using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the App and/or any linked site or otherwise purchased by you via or as a result of this App;
• d.errors, defects or omissions in the App;
• e.delays to, interruptions of or cessation of the services provided on the App or linked sites or otherwise purchased by you on or via the site;
• f.defamatory, offensive or illegal conduct of any user of the App, whether caused through negligence of the Supplier, its employees or independent contractors, or through any other cause; or
• g.for any other reason permitted by law.

12.2 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a direct or indirect consequence of you accessing this App.

12.3 You agree to accept the full cost of any amount payable to the Mechanic and acknowledge that we are only the technology platform connecting you to the Mechanic.

12.4 By using this App, you agree that the exclusions and limitations of liability set out in these T&C’s are reasonable and necessary.

12.5 You warrant that you are the owner of the vehicle that is the subject of a Service Request or have obtained the consent of the owner of the vehicle to the works the subject of a Service Request.

13. Liability

We exclude liability for your Service Request made on the basis of information included or excluded from this App and any limitation of liability and indemnity provisions in these terms survives termination.

14. Disclaimer of warranty

14.1 The Supplier is providing this App and the Supplier’s contents on an 'as is' basis and use of this App is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this App (including in relation to any products or services) or any linked sites. To the extent permitted by law, including any non-excusable statutory obligations, we will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained in this App and the services which may be supplied to you as a result of your use of this App. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of reliability, suitability, merchantability or fitness for purpose.

14.2 In addition to the preceding sub clause and the terms of the T&C’s, you acknowledge that we hereby disclaim any and all warranties, express or implied, guarantees or representations that:

• a.the App or the provider that makes the App available are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other system;
• b. the functions contained in any software on the App will operate uninterrupted or error free;
• c. errors and defects in the App will be corrected;
• d. the information found on the App is complete, true, accurate or non misleading;
• e. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the App in any content and/or of any linked sites;
• f. information on this App constitutes or is meant to constitute advice of any kind.

14.3 Information provided by us is general in nature and does not take into account your financial or other situation and needs. Before acting on any information contained in this App or otherwise provided by us, you must consider whether any such action is appropriate for you.

14.4 The presence of a User on our App does not constitute an endorsement by us of the User or other information provided by them, or the activities they engage in. The Supplier does not guarantee the suitability or safety of the Mechanic and you agree that the entire risk of using the Service is yours only.

15. Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

16. Termination

Your ability to access the App and/or use the Service from this App may be terminated by the Supplier at any time without notice. All restrictions, licences granted by you and limitations of the Supplier's liability will survive termination and we will not be liable for any costs, losses or damages which you may incur as a direct or indirect result of our termination.

17. Frustration

17.1 In the event of a “force majeure” the Supplier shall be entitled to withhold fulfilling this agreement (without being liable for damages or to extend the time for performance) by a reasonable period of not less than the duration of such “force majeure” without any liability to you.

17.2 “Force majeure” shall include all happenings beyond the Supplier’s control or in consequence of which the Supplier cannot readily execute its performance of the services and without prejudice to the generality of the foregoing the expression shall include all strikes, lockouts, trade disputes, fires, accidents, damage or breakdown of plant and equipment, and/or components involved disabling, or adverse exchange regulations, civil disorders, outbreaks of war or any other event of contingency beyond the Supplier’s absolute control and “force majeure”.

17.3 In the event of a “force majeure” the Supplier or you will not be responsible for any failure to comply with the obligations under these T&Cs borne from the force majeure event and each party will use their best endeavours to rectify any failure under these T&Cs.

18. Privacy

18.1 The Supplier is bound by the National Privacy Principles contained in the Privacy Act 1988 (“Act”) and any applicable state or territory legislation that applies in relation to any personal information collected by it.

18.2 “Personal Information” is defined in the Act as “any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion”.

18.3 Your personal information may include your name, phone numbers, address, email, date of birth and other information you choose to provide or are required to provide for the purposes of dealing with us as a customer, potential customer, supplier, job applicant, stakeholder, contractor or in some other capacity, which may identify you.

18.4 We will collect personal information from you, when you: enter any information on the App, contact us by phone, mail, email or visit our website; make an enquiry about the Service; enter any competition or special offer.

18.5 Your personal information may also be collected by us from publicly available sources or third parties.

18.6 Should you provide us with personal information about another person, you must obtain their consent and advise them of this policy, prior to giving their information.

18.7 We will use your personal information to:

• a.answer your questions and to provide you with information regarding services of The Supplier;
• b. provide you with customer service;
• c. process transactions for the supply and/or delivery of services as requested by you;
• d. offer you products and services of The Supplier and/or of our Mechanics or third party organisations offering complimentary products or services which may be of interest to you, unless you advise that you do not wish to receive such further marketing (refer to our opt out option below);
• e. meet our legal obligations;
• f. manage and resolve any complaints and issues;
• g. carry out internal administrative functions;
• h. monitor and record phone calls for the purposes of training and customer service;
• i. consider job applications for employment with The Wine Loop;
• j. market research;
• k. other purposes with your consent, whether written, verbal or implied;
• l. operate the App, generate content and provide customer support and billing services (including updates and improvements);
• m. provide the services requested by you;
• n. research, develop and improve our services;
• o. to conduct surveys to determine use and satisfaction with our services;
• p. to generate statistics in relation to the App;
• q. detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our T&Cs, this or other policies;
• r. enforce our T & C’s or other policies;
• s. verify information for accuracy or completeness (including by way of verification with third parties);
• t. combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out this Privacy Policy;
• u. contact you at your contact details we have collected, by way of voice call, post, text message or email;
• v. aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
• w. collect fees, resolve disputes and to identify, test and resolve problems;
• x. notify you about the App and updates to the App from time to time; or
• y. supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences.

18.8 Your personal information may be used for the purpose of direct marketing to keep you informed about a range of services which may be of interest to you.

18.9 If your phone number is registered on the “Do Not Call Register”, by providing us with your phone number, you consent to receiving phone calls from us and acknowledge and agree that such calls will not constitute unsolicited telemarketing calls under section 11 of the Do Not Call Register Act 2006 (Cth).

18.10 Opt out

At any time you may opt out of receiving any direct preferred partners or third party organisation marketing by contacting our office on (03) 9118 2722. Alternatively: By emailing us at service@enroute-tech.com.

18.11 Disclosure of your personal information

We will only disclose your personal information to a third party in the following circumstances:

• a. If you download our App and/or use our Service (the Service obtains your exact location information to provide route planning and estimated arrival time services to our customers), we will provide your personal information for the purpose of informing the Mechanic. Your personal information will be collected and managed by the Mechanic. You should read the privacy policy of the Mechanic prior to providing your personal information to us and the Mechanic;
• b. To a third party organisation offering complimentary products or services which may be of interest to you, unless you advise that you do not wish to receive such further marketing (refer to our opt out option above);
• c. To your representative with your consent, which may be given in writing, verbal or implied from your conduct or as nominated by you as your executor, trustee or legal representative. We will take reasonable steps to ensure that your representative undertakes to protect your privacy;
• d. To a third party in a commercial transaction for consideration; and/or
• e. To our accountants and legal advisors, service providers, payment systems operator, financial institution, law enforcement agency or government authorities as reasonably required.

18.12 Protection of your personal information

Personal information collected by us will be stored by us in hardcopy and/or electronic form. We take reasonable measures to keep all personal information secure and protected from interference, misuse or loss and from unauthorised access, modification or disclosure and will be restricted to persons properly authorised.

18.13 If we determine that your personal information is no longer needed, we will take reasonable steps to destroy or permanently de-identify that information.

18.14 Access to your personal information

You may request access to your personal information held by us by writing to us at the address stated below. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it, at your expense, as soon as reasonably practicable.

18.15 Access to personal information may be refused in certain circumstances, such as where it would impact the privacy of others, for legal reasons, prejudicial to an enforcement body, reveal commercially sensitive information, pose a risk to the life or safety of an individual or if the request is frivolous or vexatious.

18.16 If you believe that your personal information held by us is incorrect, incomplete, inaccurate or irrelevant, please contact us at service@enroute-tech.com.

18.17 The App

• a. Whilst our App operates in a secure environment and is professionally hosted, when using the App you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although we strive to protect your personal information, we do not warrant the security of any information transmitted to it over the internet. Any information transmitted to us over the internet is done so at the risk of the person or organisation transmitting the information.
• b. “Cookies” may be collected by our App and used by us to improve our customer service and for statistical and marketing purposes. This information may include your personal information as well as non-personal data such as the server address, domain name, date and time of using the App, pages accessed within the App, whether you have accessed our App previously and the type of operating system used.

18.18 Complaint or further information required

Any questions about this policy, or any complaint regarding treatment of your privacy by us, should be made in writing to service@enroute-tech.com.

We will respond within 30 days. Any breach of this privacy policy will be investigated and appropriate action will be taken to prevent any further breach.

18.19 Further information on privacy legal requirements can be obtained from the Australian Information Commissioner at www.oaic.gov.au or phone 1300 359 779.

18.20 If you or someone you know wishes to use our App but needs assistance to do so please contact us by phone on (03) 9118 2722 or by emailing us service@enroute-tech.com. We will do our best to make your use of the App easier.

19. General

19.1 Dispute Resolution

Any disputes arising in connection with these terms which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner. Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, the Resolution Institute Arbitration Rules.

19.2 No Assignment

You may not, at law or in equity, assign, transfer or otherwise deal with any of your rights or obligations under these terms without the prior written consent of the Supplier.

19.3 Entire Understanding

These terms constitute the entire agreement and understanding between you and the Supplier on everything connected to the subject matter of these terms. These terms supersede any prior agreement or understanding on anything connected with the subject matter. These terms will remain in full force and effect, and the rights and obligations of you and the Supplier in respect of these terms will continue and not merge or extinguish or terminate on completion of any obligation under these terms.

19.4 Waiver

If the Supplier fail to exercise any right given by or under these terms, permits a relaxation or indulgence to either you or does not exercise any right fully or at a given time, this does not constitute a waiver of that right, and the Supplier may still exercise it at a later time. A provision of these terms or a right created under it cannot be waived except in writing and signed by you and the Supplier.