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Legal Statements

Disclaimer

Website Terms of Use

 

OVERVIEW

  1. The motocap.com.au website (the Website) is owned by Transport for NSW, ABN 18 804 239 602 (TfNSW).
  2. TfNSW, the State Insurance Regulatory Authority, Department of Transport, Victoria, Transport Accident Commission, Royal Automobile Club of Victoria, State of Queensland (represented by Department of Transport and Main Roads and Motor Accident Insurance Commission), Life Support Authority of South Australia, Motor Accident Insurance Commission, Department of State Growth, Western Australian Policy: Road Safety Commission (WA), Insurance Australia Group Ltd, Australian Motorcycle Council Incorporated, Accident Compensation Corporation (Focus Group), collectively TfNSW and the Focus Group are referred to as 'we', 'us', 'our'. The Website terms detailed in this agreement govern the use of the Website by the user accessing the Website (‘you’).
  3. As a user of the Website, you must accept all the terms contained in this agreement and TfNSW policies, including our Privacy Policy (Policies). You agree that the terms and the Policies, which may change from time to time, form part of this agreement and are collectively referred to as the "Website Terms". By using the Website you accept this agreement and you agree to be bound by all the Website Terms. We may vary or modify the Website Terms from time to time. The amended Website Terms will be posted on the Website. Any subsequent access to, or use by you of, the Website will constitute acceptance of these Website Terms as they appear at that time.
  4. In these Website Terms, a reference to "you" includes a reference to anyone acting on your behalf or with your express or implied authority.

OBLIGATIONS

  1. You must not:
    1. use the Website for any activities which breach any laws or regulations or infringe any third party rights;
    2. use the Website for fraud or any misleading or deceptive conduct;
    3. use the personal information of another person in order to access or use the Website;
    4. tamper with, hinder the operation of or make unauthorised modifications to the Website; or
    5. transmit any bug, virus or other disabling feature to or through the Website.

INFORMATION, ACCESS AND CONTENT

  1. The Website provides access to information including motorcycle clothing and motorcycle helmet safety ratings and assessment, how to choose and fit helmets and clothing amongst other things (Information) that are owned by TfNSW, other related public transport agencies and/or the Focus Group.
  2. We may change the Information and suspend, terminate or restrict access at any time in our discretion. You acknowledge and agree that access and use of the Information is subject to the Website Terms. Failure to comply with the Website Terms may result in termination or suspension of your access or use of the Website and Information.
  3. All Information contained on this Website is made available for information purposes only.
  4. The Focus Group gives no assurance or warranty nor makes any representation as to the accuracy or completeness or legitimacy of its content or that any Information or data is free from any computer virus or other defect or contamination.
  5. The Focus Group is not responsible for the accuracy or legitimacy of information linked to or from this Website. When accessing this Website you are responsible for assessing its relevance and accuracy or otherwise verifying the content of Information accessed.
  6. Unless otherwise advised, you acknowledge and agree that access to such TfNSW and/or other related public transport agencies Information will be governed by Legal | Transport for NSW (Licence). You agree to comply with the terms of the Licence and that a breach of the Licence will be deemed to be a breach of these Website Terms.
  7. The Website may include Information and also content provided by third parties. TfNSW and the Participants do not verify third party information, which may not be complete, timely or accurate for your purposes. TfNSW and the Focus Group make no representation, assurance or warranty of any kind as to the accuracy, timeliness or completeness or legitimacy of Website content, Information or any third party information or that any third party information or data is free from any computer virus or other defect or contamination. Also, no responsibility is assumed for the accuracy or legitimacy of Information linked to or from this Website. All persons accessing this Website is responsible for assessing its relevance and accuracy or otherwise verifying the content of Information accessed for their purposes.

SECURITY

  1. The Focus Group does not guarantee the security of this Website. The Focus Group does not warrant that access to the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
  2. Should you access or leave the Website via a third party link, you acknowledge that:
    1. you do so at your own risk;
    2. the content to which you link will not have been produced, checked for accuracy or otherwise reviewed by us; and
    3. the link does not represent any endorsement by us of the products or services on the linked site.

LIMITATION OF LIABILITY

  1. The Focus Group does not accept any liability for loss or damage incurred in respect of information and advice provided on this Website or incorporated into it by reference or any other Website linked to this Website. The Focus Group does not accept any liability for loss or damage incurred as a result of reliance placed upon the content of this Website. Use of information and data contained on this Website is at the reader's sole risk.

Copyright

Copyright of the material on this website is vested in the Crown in right of Transport for NSW, subject to the Copyright Act 1968.

This material is copyright but may be reproduced without formal permission or charge for personal, in-house or non-commercial use.

No part of the material provided on this website may be reproduced or reused for any commercial purposes whatsoever without written permission of Transport for NSW:
 

Email: https://roadsafety.transport.nsw.gov.au/contactus/

Post:

Safer Vehicles (CRASH/MotoCAP Program)
Transport for NSW
PO BOX K659
HAYMARKET NSW 1240

Privacy

The Privacy Policy for this website details how user information is collected and stored.

Collection Notice

If you sign up to receive MotoCAP news and notifications as new products are rated by MotoCAP, the personal information collected from you will be used by Transport for NSW (TfNSW) to provide you periodic emails regarding MotoCAP news and notifications when new products are released. We will otherwise not use your personal information for any other purpose. Your information will not be disclosed to any third parties unless you consent or as authorised by law. Providing personal information is voluntary but without it we are unable to include you in our mailing list. Your information will be managed by us in accordance with the Privacy and Personal Information Protection Act 1998. If you wish to access or amend the personal information collected by us, or to opt-out of future newsletters you can let us know using the Contact MotoCAP page on this website.