TERMS

197drive SMS Service & Web Site - TERMS OF USE

PLEASE NOTE: An abridged version of the following is automatically sent to every mobile phone number via SMS at no charge, upon receipt of the first SMS Text Message request sent to 197 drive by that number.

“COST: 55 cents incl. GST per returned message. Up to 5 messages can be returned per request. See www.197drive.com.au for full terms.”

Sentinel Content Pty Limited and its subsidiaries, affiliates, directors, officers and/or employees (collectively, “Sentinel ”) provide the materials, products and services contained, offered or otherwise available on or through this web site and its related web pages (including, but not limited to, the one located at URL http://www.197drive) as a service to our customers and visitors, subject to the terms of use set forth herein.

IMPORTANT - READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, SUBSCRIBING, DOWNLOADING AND/OR OTHERWISE USING THE 197drive SITE, 197drive SERVICES, AND THE RELATED 197drive PRODUCTS, SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE "197drive TECHNOLOGY"). SENTINEL IS WILLING TO PROVIDE THE 197drive TECHNOLOGY TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF USE SET FORTH HEREIN, ON ANY REGISTRATION FORMS SUBMITTED BY YOU TO SENTINEL IN CONNECTION WITH 197drive TECHNOLOGY (COLLECTIVELY, "REGISTRATION FORM") AND ON ANY DOCUMENTS REFERENCED HEREIN (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF USE OF THIS AGREEMENT, PROMPTLY CEASE USING THE 197drive TECHNOLOGY AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, SUBSCRIBING OR INSTALLING THE 197drive TECHNOLOGY.

Authority

BY ACCESSING, SUBSCRIBING, DOWNLOADING AND/OR OTHERWISE USING THE 197drive TECHNOLOGY, YOU(I) CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT, IF YOU ARE ACTING ON BEHALF OF ANY PERSON OR ENTITY, YOU ARE AUTHORISED TO ACT ON BEHALF OF SUCH PARTY; (II) HAVE READ THIS AGREEMENT AND HAVE AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT; AND (III) AGREE TO ALL OPERATING RULES AND POLICIES OF SENTINEL THAT MAY BE PUBLISHED WITHIN THE 197drive TECHNOLOGY OR ON THIS 197drive SITE.

Trademark and Copyright Information

197drive™ is a trademark of Sentinel Content Pty Limited.

All information on this site (unless otherwise stated) is governed by copyright law. Reproduction, distribution or transmission for any purpose other than for private, non-commercial viewing purposes without the prior written permission of Sentinel Content Pty Limited is prohibited. All images and text on this internet web site publication are copyright and are protected under Australian and international copyright laws and treaties which provide substantial penalties for infringement. The creation of derivative works based on the materials contained on this Web Site including, without limitation, products, services, icons, logos, link buttons, wallpaper and desktop themes is expressly prohibited. 197drive™, Intelecast®, Sentinel Content™ are trademarks or registered marks of Sentinel Content Pty Limited.

All other names are trademarks and/or registered trademarks of their respective owners and their content used with permission or under license.

WARNING - intentional theft of data content is a punishable crime.

It is illegal to take and distribute brands, images and data content without the consent of the owner.
Data content on this site contains copyright traps and data-watermarks for the purposes of Intellectual Property protection.
Use of mobile phones for text messaging while driving is an offence.
Please drive responsibly and do not use 197drive whilst the vehicle you are driving is in motion.

Use of the 197drive Technology

Subject to the terms of use set forth herein, Sentinel grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the 197drive Technology and incidentally view and download the images, text, graphics, photographs, audio, video and other content available within the 197drive Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use provided you retain all Sentinel copyright and proprietary notices contained in the original materials or any copies thereof. Without limiting the foregoing, Sentinel specifically prohibits the use of the 197drive Technology in television, radio, web, telephone, or telematics applications without the specific written approval of Sentinel. All rights not expressly stated herein are reserved by Sentinel and Sentinel disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:(i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the 197drive Technology, or any part thereof; (ii) copy or reproduce the 197drive Technology, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the 197drive Technology, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or (v) use the 197drive Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Sentinel, its third party suppliers or any other third party. You agree not to access the 197drive Technology by any means other than through the interface that is provided to you by Sentinel for use in accessing the 197drive Technology.

Links

Links in the 197drive website may allow you to access other web sites and are provided as a convenience to you. Sentinel is not responsible for any of these web sites or their content.

SENTINEL HEREBY DISCLAIMS ALL LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES. 197drive DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THE THIRD PARTY SITES, NOR IS 197drive LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTIES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF SENTINEL AND THIRD PARTY SITES MAY PROVIDE LESS SECURITY THAN USED BY SENTINEL.

The 197drive website may contain offers for the purchase or lease of merchandise or services. Such merchandise and services may be obtained only by linking to the merchant web site in order to make the transaction. Any differences in the terms of an offer between the 197drive Technology and a merchant's site will be governed by the terms shown on the merchant's site. Sentinel is not responsible or liable for any such differences or discrepancies.

Submission of Materials

Other than personally identifiable information, which is addressed under our Privacy Statement, any and all comments, suggestions, ideas, graphics, or other information that you transmit to Sentinel through the 197drive Technology ("Submission") become and will remain the sole and exclusive property of Sentinel and may be used by Sentinel anywhere, anytime and for any reason whatsoever. Personally identifiable information will also remain the property of Sentinel and may be used by Sentinel subject only to our Privacy Policy. To the extent Sentinel does not acquire ownership to your Submission, you hereby assign all right, title and interest in and to such information to Sentinel without the payment of any further consideration to you by Sentinel.

Your Obligations - Mobile Phone Numbers and Passwords

It is a condition of use that in using the 197drive service, you warrant that all requests to the service from your registered mobile phone number are solely from you.
If you choose to register on 197drive.com.au, you are responsible for maintaining the confidentiality and security of your unique username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorised by you. You agree to immediately notify Sentinel in writing of any breach of security, including, without limitation, unauthorised use of your username or password. You also understand that exiting immediately from your account (i.e. "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you may be liable for all activity and transactions made by that person including transactions for which you may not have intended to be liable.Please notify us immediately of any unauthorised use of your user name and password through via email to advisor@197drive.com.au
Representations

Subject to the terms of use set forth herein, you may use the 197drive Technology only for lawful purposes. The 197drive Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, rules and regulations that are applicable to the use of the 197drive Technology. You shall not transmit to the 197drive Technology or use the 197drive Technology to send, any material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, infringe on a third party's intellectual property right, offensive or disruptive (including, but not limited to, spam, offensive sexual, racial or gender related material, and material that violates Sentinel's then current policies). Even though Sentinel may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Security

The 197drive.com.au website technology resides on the public internet. Sentinel uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Sentinel and any information stored on servers controlled by Sentinel. Notwithstanding these efforts, Sentinel cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom. Without limiting the foregoing, you shall not(i) violate or attempt to violate the security of the 197drive Technology; (ii) access data or materials not intended for you; (iii) log into a server or account which you are not authorised to access; (iv) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (v) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the 197drive Technology, overloading, "flooding," "mailbombing" or "crashing" the 197drive Technology. Violations of system or network security may result in civil or criminal liability. Sentinel reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Termination

Sentinel reserves the right to terminate or suspend your access to and use of the 197drive Technology (or any part thereof) at its sole discretion at any time and for any reason whatsoever, including, without limitation, for lack of use by you or if Sentinel believes that you have violated or acted inconsistently with the terms of use of this Agreement. You agree that Sentinel shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the 197drive Technology. Your obligations under this Agreement continue even after Sentinel has done this.

Disclaimer of Warranty

Sentinel uses reasonable efforts to make available accurate information, but disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed via the 197drive Technology.

You assume total responsibility and risk for use of the 197drive Technology. To the extent you use any 197drive Technology in connection with a handheld or telephone device, it is your responsibility to use your device safely at all times and not to be distracted while driving.

THE 197drive TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT.

Sentinel further does not warrant the accuracy, completeness, or timeliness of the materials within the 197drive Technology. Sentinel may make changes to the materials in the 197drive Technology, or to the products or services described in it, at any time without notice. Further, Sentinel assumes no liability or responsibility for any errors or omissions in the content of the 197drive Technology. The materials in the 197drive Technology may be out of date, and Sentinel specifically disclaims any duty to update the information in the 197drive Technology.

Limitation of Liability

NEITHER SENTINEL, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE 197drive TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING 197drive TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, OR ACCESS TO THE 197drive TECHNOLOGY OR FROM YOUR INABILITY TO ACCESS AND USE THE 197drive TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE 197drive TECHNOLOGY; THE LINKING TO OTHER WEB SITES FROM THE 197drive TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH, OR OBTAINED FROM THE 197drive TECHNOLOGY; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE 197drive TECHNOLOGY WHETHER OR NOT SENTINEL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL SENTINELÂ’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, STRICT LIABILITY OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE LESSER OF THE FEES, IF ANY, PAID BY YOU TO SENTINEL, FOR ACCESSING THE 197drive TECHNOLGY OR FIVE DOLLARS ($5.00). SOME LEGAL JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Indemnification by User

You agree to indemnify and hold Sentinel and its subsidiaries, affiliates, agents, co-branders and their officers, directors, employees and agents ("Sentinel Parties") harmless from any liability, loss, claim, action, debt and expense, including, without limitation, legal fees, and, you agree, at Sentinel's request, to defend the Sentinel Parties from and against any and all claims arising out of or relating to:(i) your use of (or inability to use) the 197drive Technology; (ii) your breach of any of the representations, warranties, covenants or other terms of use set forth herein; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy right; (iv) any other activities of yours attempted or accomplished using the 197drive Technology; (v) any use of your account and password information; (vi) any use by the Sentinel Parties of your Submission; and (vii) your Submission and/or the Sentinel Parties, use of your Submission infringing on any intellectual property and/or proprietary right including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy right.

197drive Intellectual Property Notice

Sentinel respects the intellectual property of others, and Sentinel asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sentinel the following information (the "Notice"):
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim has been infringed is located in the 197drive Technology; (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

Deep Links: Spidering

You shall not "deep-link" to the 197drive Technology, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the 197drive Technology, for any purpose whatsoever, unless specifically authorized in writing by Sentinel. The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the 197drive Technology or any of the pages of the 197drive Site is expressly prohibited and infringes on Sentinel's intellectual property rights.

Revisions and Consents

Sentinel reserves the right, subject to the laws of Australia, to make changes at any time, without notice or obligation and incurring no liability whatsoever, to any of the information or services on the 197drive Site. We also reserve the right to revise this Agreement at any time and for any reason. By entering this 197drive Site and/or using the 197drive Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically visit this page to review these terms of use. The terms of use of this Agreement were last updated February 2008.

Contact Information

Requests for the consent or approval of Sentinel should be made in writing and directed to info@197drive

PRIVACY

This statement sets out the policies relating to the collection and use of your personal information by Sentinel Content Pty Limited ("Sentinel"). It applies to your conduct on the web sites owned by Sentinel.

Your personal information is important to us.

We recognise that your privacy is very important and that you have a right to control personal information. We know that providing personal information is an act of trust and we take that seriously. The following sections set out how we handle and protect your personal information and safeguard your privacy.

197drive Registration

Sentinel has implemented 197drive registration which offers a more rewarding and personalised web experience ("Membership"). To become a member and obtain the full benefits of Membership, you register your details with us and log in as a member each time you visit the 197drive web site. The benefits of Membership currently include direct email and SMS information to keep you up to date with updates, issues and offers regarding the 197drive service. We use your email for Membership access. To become a subscription member, you must register first. At sign-up, you will be prompted for information such as your serial number, email address, country, state and postcode.

How we collect information about you

There are two ways we collect information about you:

i) If you are not or do not log in as a member.
Whenever you visit the web site, our servers automatically record information about your usage of the web site, such as the time of the visit, its duration and the pages you visit. This is to help us understand what parts of our web site our users enjoy the most. If you have not identified yourself on the web site, such as by subscribing for Membership or logging in as a member, the information we collect about you remains anonymous.

ii) If you log in as a member
Once you have become a registered member, we collect personal information about you in order to provide you with the full benefits of Membership. When you first register, we collect information from you such as your email, name and suburb, and will continue to add to your member profile as you interact more on the web site, for example, if you make an enquiry to 197drive.com.au.

How we preserve your privacy

We understand that even with our Privacy Policy, some people will not feel comfortable disclosing personal information in order to become a 197drive member. If you don't feel comfortable disclosing your real identity but still want to take advantage of Membership, you can register for Membership using a pseudonym (or "nym") - a different name. This way, you choose your own nym, which might be "Joe Bloggs" or "Jane Doe", and that's what we will call you. We won't know who you really are, but we will still be able to service you and give you the most enjoyable and customised experience of the website as possible.

How we use and disclose your information

By signing up to 197drive services you consent to Sentinel using and disclosing your personal information in any of the following ways:

To inform you about offers about products and services.
To our contractors to carry out specialised activities on our behalf, for example, a mailing house or a debt collection firm.
If it is required or authorised by law.
If we suspect that your use of the Web Site is unlawful.
To protect the rights or property of Sentinel, any 197drive member or any member of the public.
To lessen a serious and imminent threat to a person's health or safety or to public health and safety.
You are free to withdraw your consent to Sentinel using and disclosing your personal information at anytime. To withdraw your consent please email this request to advisor@197drive.com.au

Communicating with 197drive members

197drive provides secure information straight to your mobile phone. The information is provided in strict accordance with the rules set down by the relevant State Authority.

You may receive occasional information SMSs from us, which is completely FREE. If you do not wish to receive this, please SMS the word 'STOP' to 197drive. Please see the FAQ for more information.

We send our members service emails which contain important information about updates, changes and developments with 197drive, such as if we take down a service which we know you are currently using, or, if we have improved a service and want to communicate its new functionality to you. For you to continue to make the most of what's available on the Web Site, it is essential that we send these communications. From time to time, we will send you member-only offers from our carefully selected partners and emails to which you have subscribed. You can manage the type of information you receive from us by emailing us at advisor@197drive.com.au

How we store your information and keep it secure

We will take all reasonable steps to keep secure any information we hold about you and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

How you can access your information

If you are a 197drive member, and wish to know what other information we have gathered about you while you have subscribed to us you can look at your details under the "myProfile" section of the website, or request this information by emailing us at advisor@197drive We will endeavour to respond to your request within ten business days.

What to do if you have a problem or question

If you make us aware of any ongoing concerns or problems with our Web Site, we will take these issues seriously and work to address these concerns. You can contact us by emailing us at advisor@197drive.com.au

Changes to the Privacy Policy

Our commitment to make 197drive Australia's leading live driving assistance web site means that we are constantly adding new pages and features. We will continuously review our Privacy Policy to ensure that it protects your privacy while supporting your user experience on the Web Site. We encourage you to keep visiting our Privacy Policy to see if any updates have been made.

Further information on privacy

For more information about privacy issues in Australia, visit the Australian Federal Privacy Commissioner's web site.

CONTACT US

advisor@197drive.com.au

For issues concerning billing of the 197drive service, please direct your enquiry to your telecommunications provider.

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