Terms & Conditions

Welcome to the Australian Road Safety Foundation (“ARSF”) website at www.arsf.com.au (the “Site”), owned and operated by the Australian Road Safety Foundation (“ARSF”, we, us). This Agreement contains the terms, covenants and conditions (the “Terms of Use”) upon which you (“you” or “User”) may access and use the Site.

Your access to and use of the Site is conditional upon you agreeing to be bound by these Terms of Use. By visiting the Site and registering for products or access to downloads, you, the User, indicate that you understand these Terms of Use and intend them to be a legally enforceable contract and agree to be legally bound and to abide by them without any limitation or qualification. If you do not agree to these Terms of Use, please discontinue your use of the Site.  Please note that the ARSF reserves the right to change these Terms of Use from time to time and you must check them each time you use the Site as they will be binding on you.

You may use the Site in accordance with, and subject to your continued compliance with, these Terms of Use. You may print and download materials and information on the Site solely for educational and non-commercial use, subject to our intellectual property rights. Other than for a purpose we expressly authorise or as permitted at law, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the Site. As a further condition of use of the Site, you warrant to the ARSF that you will not use the Site for any purpose that is unlawful or is otherwise inconsistent with these Terms of Use.

We own or are licensed to use all intellectual property rights contained in our website and those rights are protected by law including, but not limited to, Australian copyright and trade mark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein or by law, the ARSF does not grant any express or implied right(s) to you to use or exploit its property in any manner.

Our intellectual property includes, in particular, the trademarks Australian Road Safety Foundation, Fatality Free Friday, Australian Road Safety Awards, RoadSet, the ARSF logo, Fatality Free Friday logo, the Australian Road Safety Awards logo and the RoadSet logo, and all other trademarks, names, logos, and icons identifying the ARSF, Fatality Free Friday, the Australian Road Safety Awards, RoadSet, or ARSF’s and RoadSet’s products and services and may not be copied, used or infringed upon in whole or in part, without the prior written permission of the ARSF. We are also the owner or licensee of all copyright, trademarks, get up and content in our website and the RoadSet App. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the ARSF.

If you are authorised to use the RoadSet App, you are granted a non-exclusive, royalty-free, limited licence to use the RoadSet App and related intellectual property rights for the purposes for which it has been designed only and the licence can be cancelled by us at will without prior notice. No other licence, express or implied, is hereby granted for any other purpose.

Any information that you submit to us through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Please see our Privacy Policy for a summary of our practices regarding the collection and use of personal information. Acceptance of these Terms of Use constitutes consent to the collection and use of personal information as outlined therein.

You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) accept all risks of unauthorised access to or alteration of the Registration Data and any other information you provide to the ARSF.

If you are under the age of 18 and have any concerns about these Terms of Use, your access to and use of the Site and the provision of personal information, please request your parent or guardian to read these Terms of Use and our Privacy Policy and get their permission before you proceed.

You agree not to do any of the following:

1. Restrict or inhibit any other person from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, another person’s account without the person’s permission, (b) impersonating another person or otherwise misrepresenting yourself to the ARSF and the RoadSet App, our affiliates, the Site’s systems, or other entities.
2. Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorised to access. Unauthorised access (or attempts) may subject you to civil and/or criminal penalties.
3. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
4. Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
5. Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).

The ARSF reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organisations, including in connection with investigation or prosecution of possible criminal activity on the Site. The ARSF will also comply with all court orders involving requests for such information.

The Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content. The ARSF is not responsible for the accuracy of information contained on other Sites accessed by links from this Site and gives no warranty that the information contained on this Site or any links from this website are free of infection by computer viruses, malware or other contamination.

You expressly discharge and release the ARSF from any claim of harm resulting from a cause beyond our reasonable control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, malware, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, or governmental restrictions. The ARSF will not be in breach of these Terms of Use to the extent that any failure or delay in performing an obligation occurs because of such a cause.

You agree that you are responsible for your behaviour in connection with the Site. The ARSF shall not be liable for any claims made against you or the ARSF arising out of your direct or indirect use of or inability to use the Site, and you agree to defend, indemnify, and hold harmless the ARSF and its affiliates and all of their respective employees, agents, directors, officers, representatives, contractors, advisers, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including legal fees and litigation expenses on a full indemnity basis), relating to or arising from your use of the Site or any breach by you of these Terms of Use. The ARSF reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the ARSF. You agree to cooperate as fully as reasonably required in the ARSF’s defence of any claim.

These Terms of Use are governed by and will be construed and enforced in accordance with the laws of the State of Queensland. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum. The ARSF makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your access to or use of the Site.

The ARSF reserves the right in its sole discretion to terminate, block or restrict your use of this Site or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, the ARSF reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.

While we endeavour to provide accurate and timely information, the information available on the Site may include inaccuracies, incorrectness or typographical errors. Moreover, the ARSF may make modifications and/or changes in the Site or in the information available on the Site at any time, for any reason without notice.

You, the user, assume the sole risk of making use of, and/or relying on, the information available on or through the Site. The ARSF and its officers, employees, contractors and agents make no representations about the suitability, completeness, timeliness, reliability, security, legality in your jurisdiction, or accuracy of the information available on or through the Site for any purpose. Such information is provided “as is” and “as available” and, to the full extent permitted by law, without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, meeting users’ expectations, title, and non-infringement.

The ARSF and its officers, employees, contractors and agents assume no liability or responsibility for any errors or omissions on the Site, any failures, delays or interruptions in the Site’s accessibility; any losses or damages arising from the use of the Site; any conduct by other users of the Site; or unauthorised access to or use of the Site or servers. No advice or information, whether oral or written, obtained by you from the ARSF shall create any warranty not expressly made in these Terms of Use.

The ARSF and its officers, employees, contractors and agents are not liable for any loss or damage to your computer, technology, data or other material caused by a distributed denial of service or similar attack, any virus, trojan, worm, disabling feature, malware or other material which is malicious or technologically harmful due to the use of the Site or the content or downloading or otherwise obtaining any content through the Site

You expressly agree that any ratings, comments and recommendations provided via the Site are, and will be construed solely as, statements of opinion and not statements of fact and you will be solely responsible for your reliance on such opinion.

Certain legislation, including the Competition and Consumer Act 2010(Cth), may imply guarantees or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms of Use must be read subject to those statutory provisions. If they apply, to the extent to which it is entitled to do so, the ARSF limits its liability in respect of any claim under those provisions, at the ARSF’s option, to: (a) the supply of services again; or (b) payment of the cost of supplying services again.