Terms and conditions of use
These terms and conditions apply to the use of the online geo-spatial information system relating to land owned and leased by Victorian Rail Track (ABN 55 047 316 805) (“VicTrack”) and known as Railmap (“Railmap”). The following terms and conditions constitute a binding legal agreement between the user (“you”) of Railmap and VicTrack, as the provider of Railmap.
Your access, browsing and use of Railmap are conditional upon your acceptance and compliance with the terms and conditions set out in this document (“Terms and Conditions”).
By accessing and using Railmap, you will be deemed to have accepted each of the terms and conditions. If you do not accept these terms and conditions, you must refrain from accessing or using Railmap.
VicTrack may alter, vary, add to or replace all or part of these terms and conditions at any time without notice to you by updating these terms and conditions and posting the updated terms and conditions on its website.
Amendments, variations, and additions to, and replacement of, these terms and conditions will become effective immediately upon posting on this website. You agree that VicTrack is not required to notify you if these terms and conditions are amended, varied, added to or replaced. If you continue to use Railmap subsequent to the posting of any amendments to these terms and conditions, you will be taken to have accepted and be bound by these terms and conditions as amended. If you do not accept the amended terms and conditions as posted, you must cease using or accessing Railmap.
a) In order to access RailMap, You must first register to become a registered user with VicTrack. To become a registered user, You need to enter your details on VicTrack’s website and read and accept the Terms and Conditions.
b) You agree that VicTrack may in its absolute discretion either provide You with an account name and password to allow You to access all or part of RailMap or notify You that access will not be provided.
c) If You become a registered user, You agree to keep Your account name and password confidential and in a safe and secure manner.
d) If You become aware of any unauthorised use of RailMap, You agree to immediately notify VicTrack.
e) If a fee becomes payable for use of RailMap, You agree to pay the fee for access and use of RailMap. Details of any fee payable will be posted on VicTrack’s website.
f) You acknowledge that VicTrack reserves the right to grant, restrict or terminate Your access to all or any part of the information contained in RailMap at its discretion, at any time if VicTrack believes that You have or are breaching these Terms and Conditions.
2) USE OF RAILMAP
a) You are permitted to access information contained in RailMap for Your internal business purposes only and otherwise only to the extent authorised in writing by VicTrack.
b) You may not, without VicTrack’s prior written consent in any way:
i. Give access to RailMap to any other person, re-badge, resell or in any way commercialise any information obtained or derived from RailMap;
ii. Provide, transfer or disclose Your registration details to any other person; or
iii. By any medium, reproduce all or any part of the information contained in RailMap, except for the purpose of making physical copies for Your own personal use.
3) OWNERSHIP OF INFORMATION
a) For the purposes of this clause, “Intellectual Property” is defined to include any copyright, design, patent, trade mark, semiconductor or circuit layout (whether registered, unregistered or applied for) trade, business, company or domain name, know-how, inventions, processes, confidential information (whether in writing or recorded in any form) and any other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields.
b) All Intellectual Property rights in all information contained in RailMap are owned or licensed by VicTrack.
c) Use of RailMap does not confer on You any proprietary interest in the information contained in RailMap or on which RailMap is based or confer any right on You to claim copyright or any other right or interest in the information accessed by You.
d) You agree not to remove any copyright notice or VicTrack’s logo from the information You use in RailMap.
e) Where VicTrack has included any information in RailMap under licence or other authority from any third party (“Original Source”), You acknowledge:
i. The Original Source’s ownership of and rights in relation to that information;
ii. That the Original Source does not warrant the accuracy and completeness of the information that it has provided and bears no responsibility or liability whatsoever for any errors, faults, defects or omission in that information; and
iii. In the event that VicTrack’s licence from the Original Source is terminated, the material provided by the Original Source under that licence may be removed from RailMap.
4) ACKNOWLEDGEMENTS AND UNDERTAKINGS BY YOU
a) You acknowledge and agree that it is Your obligation and You undertake to:
i. Ensure that access to RailMap by You and each of Your relevant officers, employees, contractors or agents is not illegal or prohibited by or in breach of any applicable laws, including laws in relation to privacy;
ii. Take any precautions that may be necessary or appropriate to ensure that systems and processes used to access RailMap provide appropriate protection to Your hardware and software systems and do not expose VicTrack or You to the risk of viruses or other forms of interference that may damage VicTrack’s or Your own software or hardware systems; and
iii. To maintain and ensure that each of Your officers, employees, contractors or agents who has access to RailMap or any information derived from RailMap maintains the confidentiality of all such information.
YOUR ACCESS TO AND USE OF RAILMAP IS AT YOUR SOLE RISK. THE MATERIALS AND INFORMATION CONTAINED IN RAILMAP ARE PROVIDED ‘AS IS’ FOR INFORMATION PURPOSES AND AS A GUIDE ONLY. CHANGES ARE PERIODICALLY MADE TO RAILMAP (INCLUDING ANY DATA OR INFORMATION STORED IN OR ACCESSIBLE THROUGH RAILMAP) AND MAY BE MADE AT ANY TIME. VICTRACK EXPRESSLY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.
VICTRACK MAKES NO WARRANTY, GUARANTEE OR REPRESENTATION THAT RAILMAP (INCLUDING ANY DATA OR INFORMATION STORED IN OR ACCESSIBLE THROUGH RAILMAP) WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, AVAILABLE, TIMELY, SECURE, ERROR FREE OR FREE FROM COMPUTER VIRUSES OR OTHER DEFECTS OR THAT YOU WILL ACHIEVE ANY PARTICULAR OBJECTIVE OR PURPOSE OR GUARANTEE ANY OUTCOME (INCLUDING WITHOUT LIMITATION ANY COMPLIANCE WITH ANY APPLICABLE LAWS) BY USING THIS INFORMATION.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE DERIVE OR USE INFORMATION FROM RAILMAP, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
7) INDEMNITY AND LIMITATION ON LIABILITY
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU INDEMNIFY VICTRACK, ITS EMPLOYEES, CONTRACTORS AND AGENTS AGAINST ALL LOSSES, DAMAGES, COSTS (INCLUDING LEGAL COSTS ON A FULL INDEMNITY BASIS), EXPENSES, ACTIONS, CLAIMS, SUITS OR DEMANDS (INCLUDING CONSEQUENTIAL LOSS) ARISING OUT OF OR IN CONNECTION WITH:
A. YOUR USE OF OR ACCESS TO OR RELIANCE ON THE INFORMATION IN RAILMAP;
B. YOUR USE OF THE RAILMAP SITE;
C. YOUR BREACH OF THESE TERMS AND CONDITIONS;
D. ANY NEGLIGENCE, FRAUD, ERROR OR OTHER WRONGFUL ACT OR OMISSION BY YOU OR YOUR EMPLOYEES, CONTRACTORS OR AGENTS SUBCONTRACTORS OR OF ANY OTHER PERSONS FOR WHOSE ACTS OR OMISSIONS YOU ARE VICARIOUSLY LIABLE;
E. ANY DEATH, PERSONAL INJURY OR DAMAGE TO PROPERTY IN CONNECTION WITH THE SUPPLY OR USE OF RAILMAP, EXCEPT TO THE EXTENT THAT ANY ACTION, PROCEEDING, CLAIM OR DEMAND ARISES OUT OF ANY NEGLIGENCE, FRAUD OR OTHER WRONGFUL ACT OR OMISSION OF VICTRACK OR ITS EMPLOYEES;
F. ANY COMPUTER VIRUSES OR OTHER DEFECTS OR ANY DAMAGE TO YOUR COMPUTER OR SOFTWARE OR DATA DAMAGED BY ANY VIRUS WHICH MIGHT BE TRANSMITTED OR ACTIVATED ELECTRONICALLY;
G. ANY INCORRECT, OUT-OF-DATE OR INCOMPLETE INFORMATION PROVIDED TO YOU OR THE FAILURE TO PROVIDE INFORMATION TO YOU; OR
H. A FAILURE BY YOU TO USE OR CORRECTLY OR ACCURATELY INTERPRET INFORMATION SUPPLIED TO YOU BY VICTRACK.
7.2 TO THE FULLEST EXTENT PERMITTED BY LAW VICTRACK WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF GOODWILL OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF RAILMAP.
7.3 TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY LIABILITY INCURRED BY VICTRACK IN RELATION TO RAILMAP (INCLUDING ANY WARRANTY, GUARANTEE, CONDITIONS OR REPRESENTATION THAT CANNOT BE EXCLUDED UNDER ANY APPLICABLE LAW) IS LIMITED TO, AT VICTRACK’S OPTION, THE RESUPPLY OF THE RAILMAP INFORMATION OR THE SUPPLY OF EQUIVALENT SERVICES.
8) GOVERNING LAW
These Terms and Conditions are governed by, construed and enforced in accordance with the laws of Victoria, Australia. Any disputes arising from these Terms and Conditions are subject to the exclusive jurisdiction of the courts in Victoria, Australia.