Roadside Assistance app terms and conditions

Applicable to those who use or download the RACQ Roadside Assistance app

By downloading or using The Royal Automobile Club of Queensland Limited’s (RACQ, We) [Roadside Assistance App] (App) you accept the following terms (Terms of Use) and all applicable laws. You should check these Terms of Use regularly as they may change at any time without providing notice to you.

Webviews and links

This App may contain embedded webviews and/or links to RACQ’s website at www.racq.com.au. By accessing these webviews and links you accept the Website Terms of Use.

Roadside assistance terms and conditions

You acknowledge and accept that any services you order using this App are subject to RACQ’s Roadside Assistance Terms and Conditions.

Disclaimer

This App and its contents are provided to you on an ‘as is’ basis in good faith by RACQ. This App may contain errors, faults and other inaccuracies. The App contents may be incomplete. RACQ and its related bodies corporate, and their directors, officers, employees, or agents (Associates) make no representations or warranties of any kind (express or implied) as to the operation of this App or the information, content, materials or products included on this App, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

Your use of our app

You must not use this App or the content of the App in any manner or for any purpose which is unlawful, unsafe, or in any manner which violates any right of RACQ or an Associate or any owner of trade marks or intellectual property rights.

You also agree:

not to use the App for commercial purposes;
not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of these Terms of Use;
not to use the App to threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety, or likely to harass, upset, embarrass, alarm or annoy any other person;
not to use the App for frivolous or vexatious purposes;
not to use the App to impersonate any person, or to misrepresent your identity or affiliation with any person;
not to access without authority, interfere with, damage or disrupt:
- any part of our App;
- any equipment or network on which our data collected via your use of App is stored;
- any software used in the provision of our App; or
- any equipment or network or software owned or used by any third party.

Accessing and using our app

We may change the functionality or content of App at any time without notice. We may also suspend access to, or close our App at any time in our absolute discretion. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You must also let us know immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way.

You are responsible for making all arrangements necessary for you to have access to our App. You are also responsible for ensuring that all persons who access our App through your mobile device are aware of these Terms of Use, and that they comply with them.

App security

The transmission of information over the internet is not completely secure or error free. Information you submit via the App, and emails to or from RACQ may not be secure. You should use discretion in deciding what information you send to us using these means. Emails to/from RACQ may undergo email filtering and virus scanning, including by third party contractors. RACQ does not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Use of cookies and web beacons

We may use cookies, web beacons and/or other similar technology within the App or embedded webviews, to assist us to improve and develop the products and services we offer to you and our customers. Our cookies or web beacons do not contain any personal identifiable information. You may elect to disable cookies on your phone or tablet, however, you then may not be able to experience all features of this App.

Virus warning

All care is taken to ensure that our App is free from viruses, however, RACQ cannot guarantee that our App is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of our App and to the extent permitted by law, you release RACQ entirely of all responsibility for any consequences of its use.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Reliance of information

Information provided to you via your use of the App is not intended to amount to advice on which you should rely. To the extent permitted by law, RACQ disclaims all liability and responsibility arising from any reliance you place on such materials by user of the App, or by anyone who may be informed of any of its contents.

Limitation of liability

RACQ (including the Associates) does not exclude any rights and remedies available to you in terms of the Australian Consumer Law or any similar State or Territory legislation in relation to the provision by us of any goods or services via the App which cannot be excluded, restricted or modified. Otherwise we exclude all conditions and warranties which may implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to:

a. In the case of services supplied or offered by us:

i. The re-supply of those services; or

ii. The payment of the cost of having those services re-supplied; and

b. In the case of goods supplied or offered by us:

i. The replacement of the goods or the supply of equivalent goods;

ii. The repair of the goods;

iii. The payment of the cost of having the goods replaced; or

iv. The payment of the cost of having the goods repaired.

You agree that in no circumstances will we be liable to you for any indirect, incidental, special, consequential losses or damages, or loss of profits of whatever nature.

Privacy

We collect, process, use and disclose information about you in accordance with our Privacy Policy, which can be viewed at http://www.racq.com.au/privacy. By using the App, you consent to such collection, use, processing and disclosure and warrant that all data provided by you is accurate. You acknowledge that this App collects location data and consent to us providing such data to our contractors and third party providers in accordance with the terms of our Privacy Policy.

Other than personal data which is subject to our Privacy Policy, you grant a perpetual and irrevocable, royalty free licence to RACQ to use any material you upload to the App. You expressly consent to RACQ disclosing your identity and location to its Associates for the purpose of providing you with roadside assistance services.

Breach of these terms of use

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our App. When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate, including: • immediate, temporary or permanent withdrawal of your right to use our App and refusal of any services provided by RACQ via that App;

deletion of any posting or material uploaded by you;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach or other legal action against you; and
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use or the spirit of these Terms of Use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Applicable law

These Terms of Use are governed by the laws of Queensland. In relation to your use or access to this App, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia and any Courts which may hear appeals form those Courts. This App may be accessed from Australia or overseas, but will only enable you to order Roadside Assistance services within Queensland, Australia. RACQ makes no representations that the content of this App complies with the laws (including intellectual property laws) of any country outside Australia. If you access this App 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 App.

Your concerns

If you have any concerns about material which appears on our App, please contact racq@racq.com.au

Roadside assistance app terms & conditions