TAP Terms of Use

Definitions 

“We” or “TCA” (which terms are used interchangeably in these Terms of Use) means Transport Certification Australia Ltd ABN 83 113 379 936 of Level 17, 360 Elizabeth St, Melbourne. 

“You” means the Organisation and the Employee in conjunction. 

“Loss” in these Terms of Use means any loss, damage, cost or expense (to any person or property), including loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote, abnormal or unforeseeable loss. 

Why these Terms of Use are important 

In opening a Telematics Analytics Platform (TAP) account with TCA, You agree to be bound by these Terms of Use. 

You are responsible for ensuring your compliance with these Terms of Use. 

Importantly, this means making sure You know and follow your responsibilities outlined in these Terms of Use. 

Changes to Terms of Use 

If We make changes to these Terms of Use, You will be informed via email and will need to confirm your acceptance of the new Terms of Use, in order to keep using your TAP account. 

By having a TAP account, You consent to Us contacting you via email about changes to the Terms of Use.

Privacy and your personal information 

By having a TAP account, You agree to TCA’s Privacy Policy. 

Your responsibilities 

It is important to understand your responsibilities when using TAP. 

If You do not keep your account information secure, it is possible someone could impersonate You online and obtain information and services from TAP. 

If You do not comply with the responsibilities set out below, We may suspend or terminate your TAP account. 

Provision of correct and up-to-date information to TAP 

You are responsible for making sure your account details (such as your name and contact information) are correct and up-to-date in TAP. If your details change, You should contact us to update your details. 

TAP account safety 

You are responsible for your TAP account and making sure no one else can sign in or use your TAP account. Do not share your TAP username and password with anyone else. Access requires two-factor authentication and You must not share your account or authentication details with another party. 

If You do not take reasonable precautions to keep your TAP details safe and someone is able to sign in to your account, or if You give someone your details so that they can sign into your account, You may be held responsible for anything that person does with your account. 

Likewise, You are not allowed to access another person’s TAP account. 

If You think that someone else has accessed your TAP account, contact TCA as soon as possible. You should change your password immediately if You think someone else has become aware of it.

Prohibited uses of TAP 

You are not allowed to use TAP to: 

• Undertake any activity in breach of TCA’s Privacy Policy (such as seeking to re-identify data that has been anonymised)
• Participate in any illegal or fraudulent activity
• Cause disruption to TAP
• Copy its contents (unless for permitted law enforcement purposes)
• Without TCA’s prior express written consent, reproduce, publish, communicate or use commercially the information, data or datasets contained within TAP (note that if such approval is given, then You will be required to comply with TCA’s copyright and attribution requirements – which will be stated in the written consent).

When your access can be withdrawn 

Your access to TAP may be withdrawn by TCA if: 

• You do not comply with your responsibilities under these Terms of Use
• You have not signed in to your TAP account for an extended period
• If your account has been closed and You wish to resume using TAP, You will need to contact TCA to reactivate or create a new TAP account
• Your access to TAP may be terminated by TCA on twenty-eight days’ notice if TCA determines that because of change within TCA’s business processes and/or priorities, the TAP service should be terminated. 

By having a TAP account, You consent to Us contacting you via email about your access to TAP.

What TCA is responsible for 

TCA is responsible for: 

• Taking steps to ensure the security of your account information, as per TCA’s Privacy Policy
• Making sure the links to and within TAP are secure
• Taking reasonable care to provide You with information about changes to the TAP service.

By having a TAP account, You consent to Us contacting you via email about the security of your account or security of TAP.

What TCA is not responsible for 

TCA is not responsible for: 

• Ensuring that You have continuous access to TAP
• Any Loss as a result of your use, or your inability to use, TAP
• Any notification delivery failures to your nominated mobile number or email address
• Supporting the site outside of Australian (Eastern Standard or Daylight Time) business hours
• Making sure your details are up to date.

Email notifications

You may subscribe via the TAP portal to receive email notifications on the following topics:

• dashboard updates;
• version upgrades;
• scheduled outages; and
• training resources.

You may choose to unsubscribe and stop receiving these email notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of these email notifications.

Separately, You may receive email notifications from Us to You at any time in relation to your access to TAP, security issues, or to notify you about changes to these Terms of Use. These email notifications are sent through your email address on our record. To opt out of these emails, You should contact Us to inactivate your TAP account.

Data disclaimer 

The content of the TAP site is made available for general information purposes and as part of our role in supporting the use of telematics applications administered within the National Telematics Framework. 

Users of the TAP portal should be aware that datasets and data displayed and provided through the TAP site have been provided by Application Service Providers. As such, TCA does not represent or warrant that any dataset or the data it contains is accurate, current, consistent or complete, or suitable for your needs. Changes in circumstances after the time of publication may impact the overall quality of datasets and their contents.

To the maximum extent permitted by law, TCA accepts no liability whatsoever and disclaims all liability to You or to any other person or entity for any Loss arising from or connected to the use of or reliance upon any information or advice provided on the TAP site or incorporated into it by reference, including any dataset or data it contains. 

Assumption of risk 

We recommend that You exercise your own skill and care with respect to your use of the TAP site and carefully evaluate the accuracy, currency, completeness, and relevance of information on the site for your purposes, including datasets and data. 

You are responsible at all times for your interpretation of the information provided, including datasets and data, and its consequences. 

Applicable law 

The laws of the State of Victoria and the Commonwealth of Australia apply to these Terms of Use.