Terms & Conditions

Terms and Conditions

Thanks for being a Where The Truck member and signing up for a membership subscription. By signing up or otherwise using the Where The Truck service, websites, and software applications (together, the “Where The Truck” or “Service”), or accessing any content or material that is made available by Where The Truck through the Service (the “Content”) you are entering into a binding contract with the Where The Truck entity indicated at the bottom of this document.

The Where The Truck Service includes social and interactive features. Use of the Where The Truck Service relies on several technical requirements.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Where The Truck Service.
Please read the Agreements carefully. They cover important information about Where The Truck Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

In order to use the Where The Truck and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Where The Truck is true, accurate, and complete, and you agree to keep it that way at all times.

Changes to the AgreementsOccasionally we may, in our discretion, make changes to the Agreements.

Our Services & Paid Subscriptions

Where The Truck  provides digital services offering a selection of trading locations displays and other trading opportunities. Certain Where The Truck services are provided to you free-of-charge. Other Where The Truck services require payment before you can access them. The Where The Truck services that may be accessed after payment are currently referred to as the “Membership” (the “Paid Subscription”). The Where The Truck service that does not require payment is currently referred to as the “Free User”. You can learn more about our services or membership by visiting our website.

The Membership may not be available to all users. If you cancel your subscription to the Membership, or if your subscription to the Membership is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Membership. Note that the Membership may be discontinued in the future, in which case you will no longer be charged for the Service.

Trials

From time to time, we or others on our behalf may offer trials of Membership for a specified period without payment or at a reduced rate (a “Trial”). Where The Truck reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some Trials, we’ll require you to provide your payment details to start the Trial.

AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID MEMBERSHIP ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING YEARLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR WHERE THE TRUCK ACCOUNT’S PROFILE PAGE OR TERMINATE YOUR WHERE THE TRUCK ACCOUNT BEFORE THE END OF THE TRIAL. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WHERE THE TRUCK WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.

Rights we grant youThe Where The Truck Service and the Content are the property of Where The Truck. We grant you limited, non-exclusive, revocable permission to access the Where The Truck Service, and limited, non-exclusive, revocable permission to access the Content for personal or commercial purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or Where The Truck. You promise and agree that you are accessing the Content for your own personal or commercial purposes and that you will not redistribute or transfer the Where The Truck Service or the Content.

The Where The Truck software applications are not sold, to you, and Where The Truck retain ownership of the Content and all copies of the Where The Truck software applications even after the latter is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All Where The Truck trademarks, service marks, trade names, logos, domain names, and any other features of the Where The Truck brand are the sole property of Where The Truck. The Agreements do not grant you any rights to use any Where The Truck Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Where The Truck, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Where The Truck grants no right, title, or interest to you in the Where The Truck Service or Content.

Third party software (for example, open source software libraries) included in the Where The Truck Service are made available to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.
Third Party ApplicationsWhere The Truck is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Where The Truck does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

User-Generated ContentWhere The Truck users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Where The Truck truck profiles, locations, as well as any other part of the Where The Truck Service.

You promise that, with respect to any User Content you post on Where The Truck, (1) you have the right to post such User Content, and (2) such User Content, or its use by Where The Truck as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Where The Truck or individual without express written consent from such individual or entity.

Where The Truck may, but has no obligation to, monitor, review, or edit User Content. In all cases, Where The Truck reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Where The Truck sole discretion, violates the Agreements. Where The Truck may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. Where The Truck is not responsible for User Content nor does it endorse any opinion contained in any User Content.

YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST WHERE THE TRUCK RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD WHERE THE TRUCK HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Rights you grant usIn consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Where The Truck Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Where The Truck Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Where The Truck may contain advertising as part of the Content. In such cases, Where The Truck will make such Content available to you unmodified.

If you provide feedback, ideas or suggestions to Where The Truck in connection with the Where The Truck Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Where The Truck to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant Where The Truck a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
User guidelinesWhere The Truck respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Where The Truck stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
• using the Where The Truck Service to import or copy any local files you do not have the legal right to import or copy in this way; • circumventing any technology used by Where The Truck, its licensors, or any third party to protect the Content or the Service; • selling, renting, sublicensing or leasing of any part of the Where The Truck Service or the Content; • circumventing any territorial restrictions applied by Where The Truck or it licensors; • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Where The Truck Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content); • providing your password to any other person or using any other person’s username and password;

Please respect Where The Truck, the owners of the Content, and other users of the Where The Truck Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
• is offensive, abusive, defamatory, pornographic, threatening, or obscene; • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Where The Truck or a third party; • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; • is intended to or does harass or bully other users; • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; • uses automated means to artificially promote content; • involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Where The Truck inbox; • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Where The Truck; • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Where The Truck; • interferes with or in any way disrupts the Where The Truck Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Where The Truck computer systems, network, usage rules, or any of Where The Truck security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or • conflicts with the Agreements, as determined by Where The Truck.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Where The Truck account. You also agree that Where The Truck may also reclaim your username for any reason.

Please be thoughtful about how you use the Where The Truck Service and what you share. The Where The Truck Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Where The Truck or across the web, so please use Where The Truck carefully and be mindful of your account settings. Where The Truck has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Infringement and reporting User ContentWhere The Truck respects the rights of intellectual property owners. If Where The Truck is notified by a copyright holder that any Content infringes a copyright, Where The Truck may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Where The Truck with a request to restore the removed content.If you believe that any Content does not comply with the User guidelines, please contact Where The Truck.

Service limitations and modificationsWhere The Truck will make reasonable efforts to keep the Where The Truck Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Where The Truck reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Where The Truck Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Where The Truck Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Membership that Where The Truck permanently discontinues prior to the end of the Pre-Paid Period, Where The Truck will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Where The Truck has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Where The Truck and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

Brand AccountsIf you establish a Where The Truck account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements.

Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please email Where The Truck. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

Payments, cancellations, and cooling offPaid Subscriptions “Memberships” can be purchased directly from Where The Truck. When you register for a Paid Membership or Trial you consent to get access to Where The Truck Membership benefits immediately.

Your payment to Where The Truck will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your profile page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free User Service. However, if you cancel your payment or Membership Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.

Where The Truck may change the price for the Membership Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Where The Truck Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Where The Truck Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

Term and termination

The Agreements will continue to apply to you until terminated by either you or Where The Truck. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Where The Truck may terminate the Agreements or suspend your access to the Where The Truck Service at any time, including in the event of your actual or suspected unauthorised use of the Where The Truck Service and/or Content, or non-compliance with the Agreements. If you or Where The Truck terminate the Agreements, or if Where The Truck suspends your access to the Where The Truck Service, you agree that Where The Truck shall have no liability or responsibility to you and Where The Truck will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Where The Truck account, please email Where The Truck. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE WHERE THE TRUCK SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE WHERE THE TRUCK SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHERE THE TRUCK AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WHERE THE TRUCK NOR ANY OWNER OF CONTENT WARRANTS THAT THE WHERE THE TRUCK SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WHERE THE TRUCK MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SPOTIFY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT WHERE THE TRUCK IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE WHERE THE TRUCK SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF WHERE THE TRUCK IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

LimitationYOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WHERE THE TRUCK SERVICE IS TO UNINSTALL ANY WHERE THE TRUCK SOFTWARE AND TO STOP USING THE WHERE THE TRUCK SERVICE. WHILE WHERE THE TRUCK ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO WHERE THE TRUCK, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WHERE THE TRUCK, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE WHERE THE TRUCK SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WHERE THE TRUCK SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Where The Truck’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Where The Truck, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Where The Truck only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Where The Truck, the Agreements constitute all the terms and conditions agreed upon between you and Where The Truck and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Severability and waiverUnless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Where The Truck or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Where The Truck or the applicable third party beneficiary’s right to do so.

Assignment

Where The Truck may assign the Agreements or any part of them, and Where The Truck may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or your rights under the Agreements, to any third party.
IndemnificationTo the fullest extent permitted by applicable law, you agree to indemnify and hold Where The Truck harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Where The Truck Service; and (4) your violation of any law or the rights of a third party.

Contact us

If you have any questions concerning the Where The Truck Service or the Agreements, please contact Where The Truck by email.
Where The Truck
ABN 29270502436
PO Box 841, Torquay, VIC, Australia, 3228
hello@wherethetruck.com.au