Terms & Conditions

By using or accessing the Transport Accident Commission's (TAC's) everybodyhurts.com.au (Website) you agree to be bound by and abide by these terms of use. Your access to and use of this Website is also subject to the TAC's Privacy Policy.

1. Definitions
In these terms of use:
Content means the information and other content accessible to users on the Website, but excluding any information or other content accessible to users from a website that is controlled by a person other than the TAC or its service providers.

2. Use The TAC grants you a non-exclusive and non-transferable right to access the Website and, subject to these terms of use, to view, retrieve and display the Content.

3. Intellectual property rights
You acknowledge and agree that all copyright, trade marks and other intellectual property rights in this Website are owned by or licensed to the TAC and nothing in these terms of use conveys to you any right, title or interest (including any intellectual property rights) in or to the Content.

4. Prohibited use
4.1 You must not, at any time:
(a) publish, communicate or adapt any of the information or Content accessible on the Website;
(b) make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;
(c) adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
(d) directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code or item of a destructive nature in or on the Website or in any way corrupt, degrade or disrupt the Website;
(e) remove any copyright, trade mark, electronic rights management information or other proprietary rights notices contained in or on the Website;
(f) reformat or frame any part of the web pages that form part of the Website;
(g) use the Website to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store unlawful material (including, without limitation, material that is threatening or obscene); or
(h) use the Website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party's rights or is otherwise prohibited by these terms of use.

5. Other warranties given by you
You warrant that:
(a) your use of the Website will comply at all times with these terms of use and any directions published from time to time by the TAC on the Website; and
(b) you will not use the website in a way that is:
(i) unlawful or encourages unlawful conduct; or
(ii) inappropriate having regard to the purpose and objectives of the Website.

6. Links and frames
(a) Any links or frames which connect the Website to other websites are provided by the TAC for convenience only, and by accessing those linked sites, you agree to any terms of access or use imposed by those linked sites.
(b) The TAC is not responsible for any content, hyperlinks or information held on other websites. The TAC does not endorse any material on those websites and does not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor does the TAC warrant that material on other websites will not infringe the intellectual property rights or other rights of any other person.

7. Statutory rights and exclusions and limitations of liability
7.1 The Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into these terms of use, or may give you certain non-excludable remedies against the TAC (Statutory Rights). If the TAC breaches a non-excludable term, condition or warranty, then its liability for that breach will be limited to:
(a) (if the breach relates to goods) at the TAC's option, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
(b) (if the breach relates to services) at the TAC's option, the supplying of the services again or the payment of the cost of having the services supplied again.
7.2 Except as expressly provided in these terms of use or as required by law (including under your Statutory Rights), the Website is provided 'as is', and the TAC excludes all warranties, undertakings, conditions, terms and obligations of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Website. In particular (but without limitation) the TAC does not warrant that your access to or use of the Website will be uninterrupted or error free, or that the Website (including its Content) will be free from bugs or viruses.
7.3 Without limiting clause 8.2, and except as required by law (including under your Statutory Rights), the TAC will not be liable (including in negligence) for:
(a) any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your use or access to the Website (or any linked website);
(b) any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from your use or access to the Website (or any linked website).

8. Indemnity
You indemnify and hold the TAC, its employees, officers and agents (Indemnified Parties) harmless from and against any claims, liability, expenses, losses, damages and costs (including legal costs and expenses on a solicitor own client basis) (Loss) incurred or suffered by any of those indemnified where such Loss was caused, directly or indirectly, by your access to or use of the Website.

9. General
9.1 The TAC may change these terms of use from time to time. However, if the TAC reasonably considers that the change is likely to:
(a) benefit you or have a neutral or minor detrimental impact on you, it may change these terms of use by making such changes immediately without notifying you except by publishing these terms of use as amended on the Website; or
(b) have a significant detrimental impact on you, it will make such changes to these terms of use 30 days after it has notified you of those changes on the Website's homepage.
If you do not accept a change made by the TAC to these terms of use, your only remedy (except as set out elsewhere in these terms of use) is to immediately cease accessing the Website.
9.2 The laws of Victoria, Australia, govern these terms of use and in the event that we have a legal dispute, Victorian courts will have non-exclusive jurisdiction.
9.3 These terms of use and our Privacy Policy constitute the entire agreement between us as to their subject matter, and supersede all prior or inconsistent statements or representations, whether made verbally or in writing, as to that subject matter.