Community terms and conditions
TRANSPORT COMMUNITY TERMS OF MEMBERSHIP
These Terms of Membership govern your Membership, participation, access to and use of the Transport Community and contain important information, including disclaimers and limitations of liability. Your Membership, participation, access or use of the Transport Community constitutes acceptance of these Terms of Membership.
1. Definitions
In these Membership Terms:
Australian Consumer Law means all laws and regulations made under Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Bastion Insights means Bastion Insights Pty Ltd (ABN 27 610 294 829);
Confidential Information means all confidential information and includes (a) information about DoT and the DoT Related parties, and its products that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; and (b) Responses provided in connection with the Project;
DoT means Department of Transport (ABN 69 981 208 782)
DoT Related Parties means the Department of Transport agencies, promotional partners, servants, employees, contractors and agents of Department of Transport;
to be a Member;
Member means a person who has been accepted for membership of the Project;
Membership means a Member's membership of the Project;
Membership Terms includes this document and all documents incorporated by reference;
Project means the Transport Community and established by Bastion Insights to survey the opinions of people and/or Members for market research purposes;
Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;
Registration Survey means the application survey and record of personal details submitted by a person applying
Website means the Project website located at www.transportcommunity.com.au
2. Membership
2.1 To become and to remain a Member, you must:
- be aged 18 years or over;
- live and be a resident in Australia;
- apply to become a Member by completing and submitting to Bastion Insights Registration Survey;
- have an active, permanent and operational email address to communicate with Bastion Insights for the purposes of the Project;
- be accepted as a Member by Bastion Insights;
- provide at least one response each calendar month;
- regularly participate in any surveys or discussions in which you are invited to take part, not including the Registration Survey; and
- comply with these Membership Terms.
Bastion Insights has the sole right to determine your eligibility for, and the extent of your access to, the Project.
2.2 Membership numbers are limited. Bastion Insights may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. Membership is personal to you and cannot be transferred to another person.
2.3 You may cancel your Membership by sending an email to admin@transportcommunity.com.au
and inserting the words "Request Removal" in the subject line.
2.4 By becoming a Member, you consent to receiving emails from Bastion Insights in connection with the Project, including emails inviting you to participate in research.
2.5 DoT and Bastion Insights may provide you with Confidential Information. You agree not to disclose or use any of the Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.
2.6 DoT and Bastion Insights may, at their discretion, provide you with DoT products as part of your participation in the Project. You agree that your participation in the Project is voluntary and that, other than an opportunity to participate in Project-related promotions run by Bastion Insights, you will not receive remuneration or reward from DoT or Bastion Insights for your participation in the Project.
2.7 You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity that may cause loss, damage or diminish the reputation of you, DoT or its products and services.
3. Termination
3.1 Bastion Insights may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).
4. Project Rewards
4.1 Each time you participate in a Project-related activity, you will be eligible to earn points, which are called ‘reward points’. You will be notified about the number or amount of ‘reward points’ at the time of being invited to participate in the said activity.
4.2 Accumulated reward points can be redeemed for products and services via Bastion Insights’ online Rewards Portal, managed by egiftpay. Click here to learn more about egiftpay.
4.3 Unless otherwise stipulated, 100 points has an equivalent dollar value of $1.
4.4 Rewards can only be redeemed once a minimum balance of 500 points has been accumulated.
4.5 On a regular basis, Bastion Insights will issue emails alerting you to the number of Rewards Points you have accumulated and, provided there are sufficient points, Bastion Insights will issue a redemption code. The redemption code allows you access to the online Rewards Portal, where the code can be exchanged for a wide variety of products and services.
4.6 Each time you are delivered a new redemption code, the associated points will be deducted from your Rewards Points balance.
4.7 Your points will expire after 3 years after being issued.
4.8 Rewards are personal to you and cannot be transferred to another person.
5. Limitation of Liability and Disclaimers
5.1 Except for the statutory guarantees set out in the Australian Consumer Law, DoT and Bastion Insights exclude all warranties and disclaim all representations in relation to any goods or services provided to you by DoT or Bastion Insights in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available" basis. DoT does not provide telecommunications services and does not warrant that you will have continuous access to the Project or that it will be supplied fault free. DoT will not be liable in the event that the Project is unavailable to you for any reason including due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. DoT reserves the right to suspend or terminate the availability of the Project at any time. You agree to access and use the Project entirely at your own risk including in relation to all information that you choose to transmit through the Project.
5.3 Bastion Insights and DoT will not be liable for any loss, damage or injury suffered or sustained as a result of any person becoming a Member or participating in the Project, except for any liability which cannot be excluded by law.
6. Your Privacy and Responses
6.1 If you provide information and Responses to Bastion Insights, Bastion Insights will collect and use the information and Reponses for the purposes of surveying your opinion for market research. Your information and Responses may be disclosed to DoT and DoT Related Parties to assist in improving DoT respective websites, and products and services and to contact you in the future with information about marketing research via any medium including but not limited to telephone and commercial electronic messages.
6.2 You can gain access to, update or correct any personal information by contacting the persons identified in DoT Privacy Policy (https://transport.vic.gov.au/privacy) or please write to: Privacy Officer, The Department of Transport (GPO Box 2392 Melbourne Vic 3001) or e-mail (andrew.weston@ecodev.vic.gov.au). DoT also refers you to the Office of the Victorian Information Commissioner (https://ovic.vic.gov.au/) for more information about the handling of personal information
6.3 DoT will not publicly disclose the identity of Members.
6.4 DoT and Bastion Insights may use your Responses for purposes connected with conducting the Project and for any reasonable research and commercial purposes.
6.5 If you provide Bastion Insights with personal (including sensitive) information about another person, you must ensure that, prior to providing the Information about that person to Bastion Insights, the person is aware of how their Information will be handled by Bastion Insights under these Membership Terms and that they consent to Bastion Insights handling their Information in accordance with these Membership Terms.
7. Intellectual Property
7.1 By participating in the Project, you assign to DoT absolutely all rights, title and interest in your Reponses upon creation and you consent to DoT and DoT Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.
7.2 You warrant that each Response is your original work and that you must not breach any third party rights in communicating a Response to DoT. You warrant that your Response is accurate and reliable.
7.3 You will provide DoT and DoT Related Parties with any consent or other permission that DoT requires to use your Response as set out in these Membership Terms. For the avoidance of doubt, DoT is not required to pay any fee to use any Responses, no matter how that Response is used.
7.4 All DoT and DoT Related Parties’ trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without DoT or DoT Related Parties’ express prior written consent.
8. Website
8.1 DoT owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not use, change, reproduce, or communicate on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.
8.2 You agree that any "Project" and "DoT" logos are trademarks of DoT or DoT Related Parties. All rights in those trademarks are reserved by DoT and DoT Related Parties. Any other trademark appearing on the Website is the property of its respective owner.
9. General
9.1 These Membership Terms may be changed or varied at any time without notice and with immediate effect by Bastion Insights in its absolute discretion.
9.2 DoT may use an agent or contractor to carry out all or part of the Project in its absolute discretion.
9.3 These Membership Terms are governed by the laws of Victoria, Australia. Both you and DoT irrevocably submit to the non-exclusive jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.
9.4 You are not, by virtue of your participation in the Project, an employee or contractor of DoT or DoT Related Parties. The relationship between you and DoT is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.
9.4 If the whole or any part of these Terms of Membership are invalid, unenforceable, illegal, void or voidable for any reason, these Terms of Membership will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
9.5 A waiver by DoT of any breach or a failure to enforce or to insist on the observance of a condition of these Terms of Membership will not be a waiver of any other or of any subsequent breach.
9.6 DoT will not be responsible or liable for failure to perform any obligation under these Terms of Membership if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God.
10. Appropriate use of the Project
10.1 You must only use, access or participate in the Project for the purposes described in these terms and conditions. You must not use or attempt to use Project to:
(a) corrupt, damage or interfere with the Project or DoT, Bastion Insights or third party data, software, hardware, website or information technology systems;
(b) send any offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information or information that infringes third party rights;
(c) adversely affect the reputation or public image of DoT and/or Bastion Insights;
(d) use or send any offensive, distressful, distasteful or defamatory language or images that are or may be considered offensive or cause annoyance to other Member(s) also using the Project; or
(e) cause annoyance or inconvenience to DoT and/or Bastion Insights, any third party or other Member(s).
10.2 You acknowledge that DoT can terminate your use of the Project if either DoT reasonably believes that you have breached these Terms of Membership.
10.3 If you are aware of any inappropriate use of the Project that is in breach of these Terms of Membership, for DoT, please send an email to admin@transportcommunity.com.au
11. Indemnity
11.3 You agree to defend, indemnify and hold harmless DoT and its officers, directors, employees and agents from and against all claims, actions, loss, damages, liabilities and costs related to or arising directly or indirectly from the following:
(a) any breach by you of these Terms of Membership; and
(b) subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), your use of the Project.
12. Other terms and conditions
12.1 These Terms of Membership are in addition to the Disclaimer relating to your use of:
(a) DoT’s website generally [https://transport.vic.gov.au/terms-and-conditions]
13. Cookies
13.1 If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit DoT’s Website and the Project. Cookies allow DoT to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website. DoT uses cookies to track and collect information about whether you have been invited to the Project already. Cookies will also allow DoT to recognise your computer while you are on the Project.
13.2 If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies.
These Terms of Membership were last updated on 1st September 2020
