Terms and Conditions

1. General
   These terms and conditions constitute the entire agreement (the "Agreement") between the User and E-Log Systems Pty Ltd (ACN 149 386 229) as trustee for E-Log Systems Unit Trust (ABN 59 828 020 187 (“E-Log Systems"), relating to purchase of the LDR^tm Application (“LDR^tm App.) and use of the LDR^tm Website. Use of the LDR^tm App. and the LDR^tm Website is licensed to you for use only under the terms of this Agreement, and E-Log Systems reserves the right to refuse access for non-compliance with any part of this Agreement. You should read these Terms and Conditions and E-Log Systems’ Privacy Policy carefully before agreeing to purchase the LDR^tm App. or use the LDR^tm Website.
2. Scope of the Licence
   By entering into this Agreement and purchasing and downloading the LDR^tm App. from E-Log Systems, E-Log Systems is granting you a limited non-transferable, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable licence to download and install the LDR^tm App. on any smart-phone or wireless device that you own or control. You may not distribute to make the LDR^tm App. available over a network that could be used by multiple devices at the same time. You may not rent, lease, lend, sell, re-distribute or sub-licence the LDR^tm App. You may not modify, de-compile, reverse engineer, disassemble, create derivative works of or attempt to derive a source-code of the LDR^tm App., any updates, or any part thereof.
3. Intellectual Property
   This Agreement does not transfer from E-Log Systems to you any intellectual property of E-Log Systems or of any third party. Any and all intellectual property rights in the LDR^tm App., the LDR^tm Website and any promotional materials are to remain the exclusive property of E-Log Systems Pty Ltd. You are only entitled to the limited use of the intellectual property rights granted to you in this Agreement.
4. Use of Information
   The information provided on the LDR^tm Website and through the LDR^tm App. are for your general information and use only, and E-Log Systems makes no warrant as to the accuracy, timeliness, completeness or suitability of the information and materials, and any liability for inaccuracies or errors is expressly excluded. Use of the information and materials is at your own risk, and it is your responsibility to ensure that any products, services or information provided meet your specific requirements.
5. Accounts
   The use of the LDR^tm Website requires a user account, which is automatically created upon installation and first use of the LDR^tm App. All data stored through the LDR Website is at the risk of the user, and E-Log Systems is not responsible for loss of account information due to either device malfunction or loss, or system or website malfunction or loss. It is your responsibility to ensure either backup or printing of hardcopy of data to prevent loss. E-Log Systems shall use best endeavours to ensure that all data remains accessible and available, but accepts no liability for temporary unavailability or permanent loss of data. E-Log Systems retains the right to access your account for support and maintenance purposes, and as instructed by you for account service enquiries.
6. Links to Third Party Websites
   The LDR^tm Website may contain links to third party websites from time to time. These links are provided for your information only E-Log Systems has no control over the content of the third party website.
7. Limitation of Liability
   
   7.1 No warranties, except as required by law and that cannot be excluded, are given by E-Log Systems in respect of the LDR^tm App. and the LDR^tm Website. Where it is lawful to do so, the liability of E-Log Systems for breach of a condition or warranty is limited to the re-supply of the LDR^tm App. or the LDR^tm Website services.
   
   7.2 You acknowledge and agree that use of the LDR^tm App. is at your own risk absolutely. The LDR^tm App. and the LDR^tm Website are provided as is and as available.
   
   7.3 No guarantee of performance of the LDR^tm App. is given, and it is understood that the LDR^tm App. is subject to the limitations of the device and your service provider.
   
   7.4 The LDR^tm App. utilises the GPS function in your device, and therefore data charges may be imposed by your service provider for using the LDR^tm App. In addition, the LDR^tm App. may not function where full service is not provided by your service provider.
   
   7.5 You acknowledge and agree that use of the LDR^tm App. does not constitute compliance with relevant laws relating to recording of learner-driver hours, and that it is your responsibility to ensure compliance with all relevant laws.
8. Indemnity
   The User agrees to indemnity and hold harmless E-Log Systems, its contractors and licensors and their respective directors, officers, employees and agents from against any and all claims and expenses, including lawyers’ fees arising out of your use of the LDR^tm App. and the LDR^tm Website, including but not limited to any breach of this agreement.
9. Privacy Policy
   The use of the LDR^tm App. and the LDR^tm Website is subject to E-Log Systems’ Privacy Policy, which is available on the website and may be changed or updated from time to time.
10. Termination
    E-Log Systems reserves the right, and at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. The continued use of or access to the LDR^tm App. and the LDR^tm Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
11. Termination
    E-Log Systems may terminate this Agreement and prevent access to your account for breach of this Agreement.
12. Legal Construction
    12.1 These Terms shall be governed by and interpreted according to the laws of Australia and E-Log Systems and the User consent and submit to the jurisdiction of the Courts of Victoria.
    12.2 Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.