eTollCoin Terms & Conditions
The website located at www.eTollCoin.com is a copyrighted work belonging to eTollCoin. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Cookies and Web Beacons
Like any other website, uses ‘cookies’. These cookies are used to store information
including visitors’ preferences, and the pages on the website that the visitor
accessed or visited. The information is used to optimize the users’ experience by
customizing our web page content based on visitors’ browser type and/or other
information.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
1. Accounts
Account Creation. For you to use the Site, you have to start an account and provide
information about yourself. You warrant that: (a) all required registration
information you submit is truthful, up-to-date and accurate; (b) you will maintain
the accuracy of such information. You may delete your Account at any time by
following the instructions on the Site. Company may suspend or terminate your
Account in accordance with Section
Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Access to the Site
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are
subject to
the following restrictions: (a) you shall not sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Site; (b) you shall not
change, make derivative works of, disassemble, reverse compile or reverse engineer
any part of the Site; (c) you shall not access the Site in order to build a similar
or competitive website; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means unless otherwise indicated, any
future release, update, or other addition to functionality of the Site shall be
subject to these Terms. All copyright and other proprietary notices on the Site must
be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without
notice to you. You approved that Company will not be held liable to you or any
third-party for any change, interruption, or termination of the Site or any part.
You agree that Company will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
3. User Content
User Content. “User Content”, means any and all information and content
that a user submits to the Site. You are exclusively responsible for your User
Content. You bear all risks associated with use of your User Content. You hereby
certify that your User Content does not violate our Acceptable Use Policy. You
may not represent or imply to others that your User Content is in any way
provided, sponsored or endorsed by Company. Because you alone are responsible
for your User Content, you may expose yourself to liability. Company is not
obliged to backup any User Content that you post; also, your User Content may be
deleted at any time without prior notice to you. You are solely responsible for
making your own backup copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy.
The following terms constitute our “Acceptable Use Policy”: You agree not
to use the Site to collect, upload, transmit, display, or distribute any User
Content (i) that violates any third-party right or any intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive, tortious,
threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false,
intentionally misleading, trade libelous, pornographic, obscene, patently
offensive, promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual; (iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take
appropriate action against you in our sole discretion if you violate the
Acceptable Use Policy or any other provision of these Terms or otherwise create
liability for us or any other person. Such action may include removing or
modifying your User Content, terminating your Account in accordance with Section
8, and/or reporting you to law enforcement authorities.
If you provide Company with any feedback or suggestions regarding the Site, you
hereby assign to Company all rights in such Feedback and agree that Company
shall have the right to use and fully exploit such Feedback and related
information in any manner it believes appropriate. Company will treat any
Feedback you provide to Company as non-confidential and non-proprietary.
4. Indemnity.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links.
Third-Party Links, The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links are not under the control of the Company, and Company is not responsible for any Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
6. Disclaimers.
The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
7. Limitation on Liability.
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while
you use the Site. We may suspend or terminate your rights to use the Site at any
time for any reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these Terms,
your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of your
User Content associated with your Account from our live databases. Company will
not have any liability whatsoever to you for any termination of your rights
under these Terms. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2 through
2.5, Section 3 and Sections 4 through 10.
9. Copyright Policy.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Privacy Act 1988 (Cth) (Act).(c)) must be provided to our designated Copyright Agent:your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed; identification of the material on our services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to the Privacy Act 1988 (Cth) (Act). found here at: http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
10. General.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Level 1, 5 George Street, North Strathfield, NSW 2137, Sydney NSW Australia. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the NSW Tribunal Court Arbitration service, an established alternative dispute resolution provider that offers arbitration as set forth in this section. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the Tribunal/Consumer Rights Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The Site may be subject to Australian export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any Australian technical data acquired from Company, or any products utilizing such data, in violation of the Australian export laws or regulations.
Electronic Communications.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information.
Copyright © 2024. All rights reserved. All trademarks, logos and
service
marks
displayed on the Site are our property or the property of other third-parties.
You are not permitted to use these Marks without our prior written consent or
the consent of such third party which may own the Marks.
Contact Information:
Email: support@eTollCoin.com