Website Terms and Conditions
Please read these Terms & Conditions carefully as they govern your use of this web site and any goods or services obtained through it.
This website (hereafter known as 'The Site') provides information on services that may be provided by whydrive, other associated companies or independent transport operators. The Site also provides access to a booking facility.
whydrive reserves the right to change, modify, add or remove sections of these Site Terms & Conditions and to add to, change or discontinue the products, services and information contained in, or any other aspect of the Site at any time and without notice or liability.
By using the Site, you agree to be bound by the following Agreement between yourself and whydrive, comprising these Terms and Conditions:
1. The Site is for your personal, non-commercial use. You may not modify, adapt, copy, distribute, transmit, broadcast, display, reproduce, publish, license, create derivative works from, incorporate in other works, transfer, or sell any information, software, products or service found on or obtained from the Site.
2. Your use of the Site and your acquisition of services through the Site is at your own risk. To the extent permitted by law, whydrive, its agents, representatives or licensors shall not be liable for any loss or injury or any damages whatsoever, whether direct, indirect, exemplary, punitive, special, incidental, consequential or otherwise, including without limitation claims for loss of profits, business, use, bargain or goodwill, loss or corruption of data, or loss of savings, resulting from, or in any way connected to, the use of or access to, or inability to use or access the Site or any information presented on the Site or any services provided through the Site, in each case regardless of whether based in contract, tort (including without limitation) negligence, equity, strict liability, statute or any other basis. To the extent permitted by law, you hereby waive any and all claims against whydrive, its agents, representatives and licensors arising out of your use of the Site or any other whydrive information.
3. The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of whydrive and/or other third parties, or references to the same. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of whydrive and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the contents of the Site, without the express written consent of whydrive or unless expressly authorised by law, is prohibited.
4. You represent and warrant that all information that you Submit is true and accurate, and that all content Submitted by you is owned by you and whydrive's use of such content does not infringe or violate the intellectual property rights or any other rights of any third parties. You acknowledge that whydrive may use information provided through your use of the Site as provided for in the whydrive Privacy Policy.
5. The Site may contain links (including, without limitation, sites linked through advertisements) which will enable you to leave the Site. whydrive does not review or monitor any web sites linked to the Site and is not responsible for the content or accuracy of any such linked web sites. Your linking to any web sites is at your sole risk and subject to the terms and conditions of those sites. whydrive is not responsible for the information, products, or services obtained on such other sites and will not be liable for any loss or damage arising from your access to or use of such sites. Any links to other sites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement of the linked sites or the content therein. In addition, you agree not to link your web sites or any other third party web site to the Site without the express prior written consent of whydrive.
6. You agree to defend, indemnify and hold harmless whydrive and each of its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Web Site Terms & Conditions.
7. You agree that no joint venture, partnership, employment, or agency relationship exists between you and whydrive as a result of this agreement or use of the Site.
8. Any rights not expressly granted to you herein are expressly reserved by whydrive.
9. If any part of these Site Terms & Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
10. These Site Terms & Conditions constitute the entire agreement between whydrive and you in relation to the Site, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between whydrive and you in relation to the Site.
11. Your use of the Site is conducted electronically and you agree that whydrive may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices.
12. These Web Site Terms and Conditions will be governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.