What do we collect and store
• You name
• You business name
• Your employees and or agents names
• The contact details including phone numbers, email addresses, and addresses for any and all of the above
• Trip information for routes including individual addresses and times.
• Geolocation data from driver devices while using driver pages
• Browser and session data and behaviour, device and network information, statistics on page interactions.
• Information about your access and use of our site, including internet cookies.
• Additional personal infomration that you provide to the Site, Software, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
• any other personal information requested by us and/or provided by you or a third party.
We may collect, hold, use and disclose personal information for the following purposes
• To enable you to use our Site and Software
• To contact and communcate with you
• For internal record keepingand administrative purposes
• For analytics, market research and business development, including to operate and improve our Site, Software, associated applications and associated social media platforms
• For advertising and marketing, including to send you promotional information about our products, services and information
• To comply with our legal obligations and resolve any disputes that we may have
Disclosure of personal information to third parties
We may disclose personal information to:
• third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
• our employees, contractors and/or related entities;
• our existing or potential agents or business partners;
• payment systems operators;
• sponsors or promoters of any competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
• third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia including the United States of America; and
• third parties to collect and process data, such as Google Analytics, fabric.io or other relevant businesses. This may include parties that store data outside of Australia including in the United States of America.
Where we disclose your personal information to third parties, including data processors, we will request that the third party handle your personal information in accordance with this Privacy Policy. The third party will only process your personal information in accordance with written instructions from us and we require that the third party either complies with the privacy shield principles set out in the GDPR or another mechanism set out by applicable EU & Swiss data protection laws for the transfer and processing of personal information. When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and, if you are a European Union (EU) citizen, to third parties that reside outside the EU. Where the disclosure of your personal information is solely subject to Australian privacy laws (and not subject to the GDPR), you acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
How we treat personal information that is also sensitive information
Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information. Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected. Sensitive information may also be used or disclosed if required or authorised by law.
Our responsibilities as a ‘controller’ under the GDPR
Controllers are defined by the GDPR as natural or legal persons, a public authority, agency or other body to which personal information or personal data has been disclosed, whether via a third party or not, and who determines the purposes and means of processing personal information. We are a collector under the GDPR as we collect, use and store your personal information to enable us to provide you with our goods and/or services. As a collector, we have certain obligations under the GDPR when collecting, storing and using the personal information of EU citizens. If you are an EU citizen, your personal data will:
• be processed lawfully, fairly and in a transparent manner by us;
• only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
• be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
• be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);
• be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal data was collected;
• be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.
We also apply these principles to the way we collect, store and use the personal information of our Australian customers or clients. Specifically, we have the following measures in place, in accordance with the GDPR:
• Data protection policies: We have internal policies in place which set out where and how we collect personal information, how it is stored and where it goes after we get it, in order to protect your personal information.
• Right to ask us to erase your personal information: You may ask us to erase personal information we hold about you.
• Right to ask us to restrict data processing: You may ask us to limit the processing of your personal information where you believe that the personal information we hold about you is wrong (to give us enough time to verify if the information needs to be changed), or where processing data is unlawful and you request us to restrict the processing of personal information rather than it being erased.
• Maintain Records of Processing Activities:
• Notification of data breaches: We will comply with the GDPR in respect of any data breach.
Our responsibilities as a ‘processor’ under the GDPR
Where we are a processor, we have contracts containing certain prescribed terms in our contracts with controllers. Depending on circumstances, we can be a controller or processor or controller and processor. In addition to:
1. our contractual obligations with controllers (where we are solely a processor); and
2. our legal obligations under the GDPR as a controller (where we are both a controller and processor) as a processor we also have the following direct responsibilities:
• not to use a sub-processor without the prior written authorisation of the data controller;
• to co-operate with supervisory authorities;
• to ensure the security of its processing;
• to keep records of processing activities;
• to notify any personal data breaches to the data controller; and
• to employ a data protection officer and appoint (in writing) a representative within the European Union if required by the GDPR. (These are not required for the company at the present time).
To the extent the GDPR applies to our processing of your personal data, you agree that the GDPR Data Processing Schedule set out on our Site governs such processing.
Your rights and controlling your personal information
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in JSON format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. We exclusively use Microsoft Azure services for storage and align our services with their recommended practices. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the encryption of all client data as used within our Site and Software personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics and other analytics tools such as Fabric.io to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
Links to other websites
Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy. We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.
For any questions or notices, please contact LM software at: Email: info@bustertransport.com.au
LM Software Pty Ltd ABN 65636174948
Last update: 17 Oct 2022
This website and software available on this website (Software) is owned and operated by LM Software Pty Ltd ABN 65 63617 4948, its successors and assignees (we, our or us). The website and software are available at https://www.bustertransport.com.au/ (Site) and may be available through other addresses or channels.
These Terms of Use (Terms) govern you, the person, organisation or entity that accesses and/or uses our Site (referred to as you or your) and form a contract between you and us if you access our Site and Software. Please read these Terms carefully. If you have any questions, please contact us using the contact details below. Your use of the Site and Software indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms.
1. Information:
The information, including statements, opinions and documents, contained in this Site and Software (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
2. Amendment:
The Information and Terms may be amended without notice from time to time at our sole discretion. Your use of our Site and Software following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site and Software if you accept and will comply with the new Terms.
3. Your warranties:
You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site and Software.
4. Licence to use the Site:
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
5. Licence to use the Software:
The license to use the software is set out when you purchase or otherwise access the Software.
6. Prohibited conduct:
You must not:
• a. Use the Site and Software for any activities, or post or transmit any material from the Site and Software:
◦ unless you hold all necessary rights, licences and consents to do so;
◦ that infringes the intellectual property or other rights of any person;
◦ that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
◦ that defames, harasses, threatens, menaces, offends or restricts any person;
◦ that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence or in breach of privacy; or
◦ that would bring us, or the Site and Software, into disrepute;
• b. Interfere with or inhibit any user from using the Site and Software;
• c. Use the Site and Software to send unsolicited email messages;
• d. Attempt to or tamper with, hinder or modify the Site and Software, knowingly transmit viruses or other disabling features, or damage or interfere with the Site and Software, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site and Software; or
• e. Facilitate or assist a third party to do any of the above acts.
7. Copyright and intellectual property rights:
Our Site and Software contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site and Software. We own the copyright which subsists in all creative and literary works displayed on the Site and Software.
You agree that, as between you and us, we own all intellectual property rights in the Site and Software, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site and Software does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site and Software without the express written permission of the owner.
You must not breach any copyright or intellectual property rights connected with the Site and Software. This includes but is not limited to:
• a. altering or modifying any of the code or the material on the Site and Software;
• b. causing any of the material on the Site and Software to be framed or embedded in another website; or
• c. creating derivative works from the content of the Site and Software.
8. Privacy:
We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.
9. Your content:
If you choose to add any content on the Site, you:
• a. warrant to us that you have all necessary rights to post the content;
• b. grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
• c. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
10. Third party information:
The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
11. Third party links and websites:
This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
12. Reservation of rights:
We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, at our sole discretion.
13. Delays and outages:
We are not responsible for any delays or interruptions to the Site and Software. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site and Software will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site and Software in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site and Software.
14. Limitation of liability:
To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site and Software.
To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
15. Disclaimer:
The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:
• a. the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
• b. Third Party Information; or
• c. Third Party Sites.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
16. Indemnity:
By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
• a. your use of or access to the Site and Software;
• b. any breach by you of these Terms; or
• c. any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
17. Breach:
You may only use the Site and Software for lawful purposes and in a manner consistent with the nature and purpose of the Site and Software. By using the Site and Software, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site and Software. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and Software and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
18. Exclusion of competitors:
You are prohibited from using the Site and Software, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Software and Information, at our sole discretion.
19. Enforceability:
If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
20. Further assurances:
Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
21. Termination:
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
22. Disputes:
You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
23. Jurisdiction:
Your use of the Site and Software and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia. These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales. The Site and Software may be accessed throughout Australia and overseas. We make no representation that the Site and Software complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site and Software from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site and Software.
For any questions or notice, please contact LM Software at: Email: info@bustertransport.com.au
LM Software Pty Ltd ABN 65636174948
Last update: 24 June 2022
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement (Agreement) is between LM Software Pty Ltd ABN 65636174948 (referred to as LM Software, we, our or us) and the each individual or entity agreeing to this Agreement (referred to as you or your), collectively referred to as the Parties and each a Party. This Agreement governs the access to and use of the Content Management System (Software) and any related services made available to you (together with the Software referred to as Services). The Service is available at https://www.bustertransport.com.au (Site) and subdomains.
1. ACCEPTANCE
1.1 This Agreement forms a binding legal agreement between the Parties. By using the Services, you agree to comply with and be legally bound by the terms of this Agreement. Please read this Agreement carefully. If you have any questions, you should contact LM Software using the contact details at the end of this Agreement.
1.2 You acknowledge and agree to this Agreement by: (i) accessing or using the Site or Services; or (ii) making part or full payment for the Services. If you do not agree to this Agreement, you should cease accessing or using the Services and Site immediately. If you are agreeing to this Agreement on behalf of an entity, including but not limited to a company or other organisation, you represent and warrant that you have the power and authority to enter into agreements and bind such entity and act on behalf of any person who uses the Services (each a User, collectively referred to as Users).
1.3 You agree the Services will only be used by Users who are your employees, contractors or authorised agents acting in the ordinary course of business and directly working for or managed by you. You must ensure that each User using or accessing the Services does so in accordance with the terms of this Agreement.
1.4 Some Services may be subject to additional terms. Where applicable, such terms will be displayed prior to use of that Service or otherwise notified to you.
1.5 We reserve the right to make changes to this Agreement at any time, effective upon the posting of the modified Agreement. We endeavour to communicate these changes to you via email. It is your obligation to ensure that you (and each User where applicable) have read, understood and agreed to the most recent Agreement available on the Site.
1.6 Using the Site or Services may be prohibited or restricted in certain countries. If you use the Services outside of Australia, you are responsible for complying with the laws and regulations of the country from which you access or use the Services.
2. ADDITIONAL TERMS AND CONDITIONS
2.1 This Agreement supplements and incorporates the Privacy Policy and Website Terms of Use (collectively the LM Software Policies), and, to the extent the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) applies to this Agreement, the GDPR Data Processing Schedule where we are a processor under the GDPR, as set out on the Site.
3. SOFTWARE AND SERVICES
3.1 The Software is the sole and exclusive property of LM Software.
3.2 Users can access and use the Services on any computer, mobile, tablet or other device which supports the Site (Device). LM Software recommends each User access the Site using the recommended browsers as notified to you.
3.3 To permit Users to access the Services, you must:
• (a) complete LM Software’s registration including name, contact details and other related information as requested by LM Software (User Information); and
• (b) subscribe to the Services (Subscription) for a period of time as set out on the Registration Form (Subscription Period). The Subscription Period may include a free trial period as set out on the Site (Trial Period). The fees for each Subscription Period (Subscription Fee) will vary subject to the functionalities and Services you request as identified on the Registration Form.
3.4 Upon receipt of the completed Registration Form and any applicable Subscription Fee, we will create accounts (Account) for you or your organisation (as applicable).
3.5 You are responsible for determining (a) what Services you require; and (b) if you are an organisation with an Account to manage multiple users: who will be a User of the Services, each User’s access level and whether to revoke a User’s access to the Services at any time for any reason via your Account.
4. DATA
4.1 Any information you submit via the Services, User Information or information otherwise collected by us (collectively referred to as Data) will (where possible) be stored in servers located in Australia. We will take reasonable steps and use industry standard procedures to ensure that Data is kept secure and confidential. All application data is stored on Microsoft Azure data blobs, which are encrypted at rest, and only accessible by verified entities in accordance with these legal documents.
4.2 To the extent permitted by law, you grant LM Software a non-exclusive, worldwide licence to any Intellectual Property rights subsisting in your Data in order to use, copy, transmit, reference, disclose or back-up your Data or otherwise for purposes including:
• (a) to enable you and each User to access and use the Services;
• (b) for our administrative, support and training purposes; and
• (c) in accordance with this Agreement or as otherwise required for us to provide the Services.
4.3 You represent and warrant that:
• (a) any and all Data you submit (or a User submits) via the Services are your sole and exclusive property; or
• (b) you have secured any and all authorisation and rights to use the Data as applicable under the relevant laws.
4.4 Title to and all Intellectual Property rights in any Data you input into the Services remains your property. However, your access to the Data and continued use of the Services is contingent on payment of your Subscription Fee for your Subscription.
4.5 You acknowledge and agree that:
• (a) LM Software is not responsible for any corruption or loss of any Data if such corruption or loss is due to an act or omission by you, your employee(s), contractor(s), agent(s), any User or other third party; and
• (b) you are responsible for complying with all laws and regulations regarding the use and disclosure of Data including but not limited to the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and any other requirements under Australian law.
4.6 This clause 4 is subject to our Privacy Policy and the GDPR Data Processing Schedule.
5. SECURITY
5.1 LM Software has implemented and will maintain security systems for the transmission of Data consisting of encryption and "firewall" technologies that are understood in the industry to provide adequate security for the transmission of such information over the internet. These measures are intended to prevent unauthorised Data infiltration or security breaches. LM Software does not guarantee the security of any Data you store on your servers, or the servers of your contractors, your service providers or User Devices.
6. PAYMENT
6.1 You agree to pay the Subscription Fee required to enable you to access and use the Services.
6.2 You will be required to make payment by way of PayPal, credit card or other nominate payment method and you must provide your relevant details when completing your online subscription.
6.3 You acknowledge and agree that to maintain your subscription payment to LM Software payment the base and usage cost will be invoiced at the start of every month;
6.4 If you make a payment by way of credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the credit card to make payment and that your payment will be honoured by your card issuer.
6.5 If payment is not made within ten (10) business days of the invoicing date, we may lock your Account without notice to you, in which case you will not be able to access your Account, you and Users will not be able to use the Software.
6.6 All amounts are stated in Australian Dollars. If taxes are include, this is stated.
6.7 LM Software’s pricing structure or payment methods may be amended from time to time at its sole discretion.
7. CANCELLATION AND TERMINATION
7.1 You can terminate your Account at any time.
7.2 Your Account will be terminated at the end of the billing cycle, and automatic payments will cease at the end of the month that we are notified of your intention to terminate.
7.3 We may terminate this Agreement immediately, in its sole discretion, if:
• (a) you breach any of the terms of this Agreement and do not remedy the breach within 5 days after receiving notice of the breach if the breach is capable of being remedied;
• (b) We reasonably suspect that you are attempting to reverse engineer the Software;
• (c) We reasonably suspect that you are attempting to deceive us with regards to invoicing;
• (d) We consider that a request for Services is inappropriate, improper or unlawful;
• (e) you fail to provide us with clear or timely instructions to enable us to provide you with the Services;
• (f) We consider that the working relationship between the Parties has broken down including a loss of confidence and trust;
• (g) there is an Insolvency Event; or
• (h) for any other reason outside our control which has the effect of compromising our ability to provide you with the required Services within a required timeframe.
7.4 On termination of this Agreement, we may retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to this Agreement constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of this Agreement.
8. YOUR OBLIGATONS
8.1 You warrant that all information including User information provided to us is true, accurate and complete.
8.2 You acknowledge and agree that you are responsible for how Users use the Services and that:
• (a) each User uses the Services at their own risk;
• (b) the Services will only be used for your or the User’s own lawful personal or business purposes in accordance with this Agreement;
• (c) all usernames and passwords required to access the Services are kept secure and confidential;
• (d) if there is any unauthorised use of your passwords or any other breach of security, you will immediately notify LM Software of such activity;
• (e) it is your responsibility to determine that the Services meet your and each User’s needs and are suitable for the purposes for which the Services are used;
• (f) you are responsible for obtaining any consents, licences, permits and permissions from other parties as required for the Services to be provided, at your cost, and for providing LM Software with the necessary consents, licences and permissions; and
• (g) the reliability of the Services is dependent upon each User’s Device operating system, a User’s internet connection and choice of web-browser.
8.3 You acknowledge and agree that each User:
• (a) is authorised to use the Services and to access any Data, User Information or other information they input into the Software or provide to LM Software as required for the Services; and
• (b) will keep all usernames and passwords required to access the Services secure and confidential.
8.4 You may use the Software on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.
8.5 LM Software is not responsible to any person or entity other than you and nothing in this Agreement confers, or purports to confer, a benefit on any other person or entity. If you use the Services on behalf of or for the benefit of any third party, including Users, you agree that:
• (a) you are responsible for ensuring that you have the right to do so;
• (b) LM Software does not warrant the fitness for purpose or suitability of the Software for such third party’s purposes and third parties may not rely on LM Software for any purpose;
• (c) you are responsible for authorising any person who is given access to your Data, and you agree that LM Software has no obligation to provide any person or entity with access to such Data without authorisation from you and may refer any requests for access to the Data to you to address; and
• (d) you will indemnify LM Software, on first demand, against any and all claims, expenses, liabilities or losses arising out of or in connection with our refusal to provide any persons with access to your Data in accordance with this Agreement and LM Software making Data available to any person with authorisation from you.
8.6 You remain solely responsible for complying with all applicable laws. It is your responsibility to ensure that the storage of and access to your Data via the Site comply with laws which are applicable to you, including any laws requiring you to retain records of your Data.
8.7 Each User must have their own safeguards and back up processes in place to recover from any failures or loss of Data which might occur whilst using the Services and protect the confidentiality of your and Users’ Data with suitable management procedures, as you may see fit.
9. PROHIBITED USE
9.1 You acknowledge and agree that you and each User will not:
• (a) use the Services in any manner that is illegal or violates any applicable law or regulation;
• (b) attempt to circumvent or disable the Software or any technology features or measures in the Software by any means or in any manner;
• (c) attempt to modify, copy, adapt or reproduce the Software except as necessary to use it for normal operation;
• (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software;
• (e) distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose the Software to any third party (except as permitted under this Agreement);
• (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or used in connection with the Services;
• (g) use the Site or Services in any manner to aid in the violation of any third party Intellectual Property, including but not limited to another’s copyrights, trade secrets and patents;
• (h) take any action that interferes in any manner with our rights with respect to the Site or Services;
• (i) attempt to undermine the security or integrity of our computing systems or where the Software, Site or any and all parts of the Services is hosted by a third party, that third party’s computing systems and networks;
• (j) use, or misuse, the Site or Services in any way which may impair the functionality of the Site or Services or other systems used to deliver the Software or impair the ability of any other user to use the Site or Services;
• (k) attempt to gain unauthorised access to any materials, other than those to which you have been given express permission to access, or to the computer system on which the Software is executed or Services provided; and
• (l) transmit or input into the Site or Software any files that may damage any other person's Devices or software, content that may be offensive or material or Data in violation of any law (including any content protected by copyright or trade secrets which you do not have the right to use).
9.2 Title, ownership rights and Intellectual Property rights in and to any content displayed on the Site or Services, or accessed through the Site or Services, are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.
9.3 You acknowledge that any breaches of this clause may lead to termination of this Agreement.
10. PRIVACY POLICY
10.1 LM Software agrees to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 and any other applicable legislation or privacy guidelines as amended from time to time, as set out in our Privacy Policy which is available on our Site.
10.2 You will be taken to have read the terms of the Privacy Policy when you accept the terms of this Agreement.
11. INTELLECTUAL PROPERTY
11.1 If you hold a current Subscription, LM Software grants you a personal, non-exclusive, non-transferable, limited and revocable licence to use any reports or related materials containing your Data generated from the Services for your business purposes. All other uses are prohibited unless you obtain our prior written consent.
11.2 Title to, and all Intellectual Property rights in the Site or Services and any documentation relating to the Services remains the property of LM Software and its successors and permitted assigns. Your right to use such Intellectual Property is subject to the terms of this Agreement.
11.3 You grant LM Software a non-exclusive, worldwide, royalty-free, irrevocable license to use any Intellectual Property which subsists in any materials you provide in connection with your User Account or otherwise make available via the Site or Services, including intellectual property rights, including copyright in any third party logos or other materials.
11.4 You grant us a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling you to access and use the Software and for any other purpose related to provision of Services to you and the performance of our obligations under this Agreement.
11.5 It is your responsibility to maintain copies of all Data which are inputted into the Software. We will endeavour to prevent Data loss, however, as the Software operates as a cloud-based service, provided through third parties, we do not make any guarantees that there will be no loss of Data and does not represent or warrant that access to the Services, the Data or an Account will be available without interruption.
11.6 If the User enables third-party applications for use in conjunction with the Software, the User acknowledges that we may allow the providers of those third-party applications to access any inputted Data as required for the interoperation of such third-party applications with the Software. We are not responsible for any disclosure, modification or deletion of Data resulting from any such access by third-party application providers.
12. UPDATES, SUPPORT AND AVAILABILITY OF SERVICES
12.1 We will issue updates to the Services (Updates) from time to time for the duration of this Agreement. Where these updates have a noticable effect on user experience or modify features or functions, we will notify the Users.
12.2 We will provide 5 hours phone based support to you per month, with no unused time carrying over. Extra support will be billed at $150 per hour and added to the service fee for that month. We do not provide onsite support. At our discretion we may provide screen-shared support sessions.
12.5 Whilst we intend that access to the Software via the Site should be available on a continuous basis, it is possible that the Site could be unavailable to due to unschedualed maintenance or other development activity.
12.6 Where possible, we will provide notice to you and Users of any schedualed maintenance or development activity in advance.
13. FEEDBACK AND DISPUTE RESOLUTION
13.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact any member of our staff or use the contact details at the end of this Agreement.
13.2 If there is a dispute between the Parties in relation to this Agreement, the Parties agree to the following dispute resolution procedure:
• (a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
• (b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith to seek to resolve the dispute.
13.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under this Agreement, by law or in equity.
14. AUSTRALIAN CONSUMER LAW
14.1 Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by LM Software to you which cannot be excluded, restricted or modified (Statutory Rights).
14.2 Nothing in this Agreement removes your Statutory Rights as a consumer under the ACL. You agree that our liability for Services provided to consumers is governed solely by the ACL and this Agreement. LM Software excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
14.3 Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and LM Software expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
14.4 If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
15. LIMITATION OF LIABILITY AND DISCLAIMERS
15.1 LM Software and the User agree that our liability for the Services provided via the Site or Services is governed solely by the Australian Consumer Law to the extent applicable, and this Agreement.
15.2 You acknowledge that whilst we will take reasonable steps to ensure that the Services will be fit for the purposes as advertised, we gives no guarantees that:
• (a) the Services will meet your requirements as the functionality of the Software is dependent upon configuration with the end user system and other components;
• (b) the Site or Services will work in each of your desired use case scenarios; and
• (c) the Site or Services can be executed on every operating system, as it is impossible to test each variant.
15.3 The Services use third party hosting services which are provided without any sort of warranties, and we cannot ensure that these third party hosting services are provided free of defect or without interruption.
15.4 We do not warrant that use of the Site or Services will be uninterrupted or error free. The operation of the Site or Services is dependent on public telephone services, computer networks and the internet, which can be unpredictable and may from time to time interfere with the use of the Services. We accept no responsibility for any such interference or prevention of your or a User’s use of the Services.
15.5 You acknowledge and agree that while the information and materials provided on or via the Site or Services or otherwise provided to you by LM Software is provided in good faith on an “as is” basis, LM Software and its directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy, currency or completeness of the information in such materials or information generally contained or produced via the Site or Services. You are solely responsible for (and where applicable you must ensure each User understands they are responsible for) determining the suitability of any Services you rely on and information provided to you through the Site or Services at your own risk.
15.6 LM Software makes no representations regarding, and accepts no responsibility for, the suitability, accuracy or legality of any forms or results produced by the Services.
15.7 All risk arising out of the use or performance of the Services remains with you. You understand and agree that the use of the Services, material or data downloaded or otherwise obtained through the use of the Services, is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network. LM Software is not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Services, any third party software or operating system.
15.8 To the maximum extent permitted by applicable law, LM Software and its licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the Software. In no event will we or our licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of this Agreement or the use of or inability to use the Software, even if we have been advised of the possibility of such damages.
15.9 You acknowledge that we may pursue any available equitable or other remedy against you as a result of your failure to ensure that each and every User complies with all provisions of this Agreement.
15.10 LM Software or its licensors’ liability for breach of any of its obligations under this Agreement, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid for the Subscription to use the Services. LM Software’s total liability to you for all damages in connection with the Services will not exceed the base cost (exclusing usage) paid by you under this Agreement for the Services. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15.11 You acknowledge and agree that we will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-compensatory damages or the consequences of non-payment.
16. INDEMNITY
16.1 You will be liable for and agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
• (a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
• (b) any breach of this Agreement;
• (c) any misuse of the Services, from or by you, your employees, contractors or agents or a User;
• (d) any breach of law, regulation or licence by you or a User;
• (e) any claim brought by a third party including any User against a Party arising out of the Site or Services;
• (f) any claim by any third party, including a User that:
◦ i. the grant, or exercise of any licence, of any Intellectual Property rights under this Agreement; or
◦ ii. the supply or use of the Site or Services,
infringes the Intellectual Property rights of any person.
16.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Site or Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given to us.
16.3 The obligations under this clause will survive termination of this Agreement.
17. NOTICE
17.1 Any notice required or permitted to be given to you under this Agreement will be addressed to you at the email address provided by you on the Registration Form.
17.2 Any notice required or permitted to be given to us under this Agreement must be addressed to us using the contact details at the end of this Agreement.
18. RELATIONSHIP OF PARTIES
18.1 Neither Party is authorised to bind the other Party in any way without the prior written consent of the other Party.
18.2 The Parties acknowledge and agree that they will not seek to bind the other Party other than with the prior written consent of the other Party.
19. RIGHTS OF THIRD PARTIES
19.1 Any person or entity who is not a party to this Agreement has no right to benefit under or to enforce any of the terms of this Agreement.
20. ASSIGNMENT
20.1 This Agreement is personal to you. You must not assign or deal with the whole or any part of your rights and/or obligations under this Agreement without the prior written consent of LM Software.
20.2 Any purported dealing in breach of this clause is of no effect.
21. WAIVER OR VARIATION OF RIGHTS
21.1 Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right.
21.2 A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
22. POWERS, RIGHTS AND REMEDIES
22.1 Except as expressly stated to the contrary in this Agreement, the powers, rights and/or remedies of a Party under this Agreement are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to this Agreement or any other person.
23. FORCE MAJEURE
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party’s reasonable control (Force Majeure), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lock-outs and work stoppages. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party or its employees, officers, agents or affiliates.
24. CONSENTS AND APPROVALS
24.1 Where this Agreement provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in this Agreement, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
25. FURTHER ASSURANCE
25.1 Each Party must from time to time and in a timely manner do all things reasonably required of it by another Party to give effect to this Agreement.
26. ENFORCEABILITY
26.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
27. ENTIRE AGREEMENT AND UNDERSTANDING
27.1 The date of this Agreement is the date that this Agreement is accepted by you.
27.2 In respect of the subject matter of this Agreement:
• (a) this Agreement contains the entire understanding between the Parties; and
• (b) all previous oral and written communications, representations, warranties or commitments are superseded by this Agreement and do not affect the interpretation or meaning of this Agreement.
28. GOVERNING LAW AND JURISDICTION
28.1 This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
29. DEFINITIONS
Insolvency Event means the occurrence of any of the following events in which a Party:
• (a) is unable to pay its debts as they fall due;
• (b) makes or commences negotiations with a view to making a general rescheduling of its indebtedness, a general assignment, scheme or arrangement or composition with its creditors;
• (c) takes any corporate action or any steps are taken or legal proceedings are started for:
◦ i. its winding-up, dissolution, liquidation or re-organisation, other than to reconstruct or amalgamate while solvent on terms approved by the other Party (which approval will not be unreasonably withheld); or
◦ ii. the appointment of a controller, receiver, administrator, office manager or trustee; or
• (d) seeks protection or is granted protection from its creditors, under any applicable legislation.
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
For any questions or notices, please contact LM software at: Email: info@bustertransport.com.au
LM Software Pty Ltd ABN 65636174948
Last update: 17 Oct 2022
