Terms and Conditions
1. Agreement to terms
These Terms & Conditions (“Terms”) govern your access to and use of the Brownways Webtrack platform — including our website and our iOS and Android mobile applications (together, the “Services” or the “App”) — provided by Brownways Transport Pty Ltd (“Brownways”, “we”, “us” or “our”).
By accessing or using the Services on any platform, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Services. Where you download the app from the Apple App Store or Google Play, these Terms apply in addition to those stores’ terms and standard end user licence agreements.
2. Definitions
Services / App: the Brownways Webtrack website and iOS and Android applications.
User / you: any person who accesses or uses the Services as a Client, Driver or Admin.
Account: the credentials (mobile number and password) used to access the Services.
Content: all data, text, information and materials made available through the Services.
3. Eligibility and accounts
To use the Services you must be at least 16 years old and, where you use them on behalf of a business, be authorised to bind that business to these Terms.
Access to the Services is provided by Brownways and requires a valid account. You must provide accurate information and keep your credentials secure. You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorised use or suspected security breach.
Brownways may issue, suspend or revoke access at its discretion, including for Client, Driver or Admin roles.
4. Licence to use the Services
Subject to your compliance with these Terms, Brownways grants you a limited, non-exclusive, non-transferable, revocable licence to access the website and to install and use the mobile applications on a device that you own or control, solely for their intended freight-tracking purpose. Where the mobile app is obtained through the Apple App Store or Google Play, this licence is granted in accordance with the applicable store usage rules.
5. Acceptable use
You agree that you will not:
Use the Services for any unlawful, fraudulent or unauthorised purpose.
Access data or accounts that do not belong to you, or attempt to gain unauthorised access to the Services.
Copy, modify, reverse engineer, decompile or create derivative works of the Services, except as permitted by law.
Interfere with, disrupt or overload the Services, servers or networks.
Introduce viruses, malware or any harmful code.
Use the Services to transmit unsolicited or misleading communications.
Brownways may suspend or terminate access for any breach of this section.
6. Freight services and tracking information
The Services provide visibility into shipments, deliveries and consignment status. While we take care to keep tracking information accurate and up to date, information is provided on an operational “as is” basis and may be subject to delay or change. Tracking data does not itself constitute a contract of carriage; the carriage of goods is governed by the separate commercial terms agreed between Brownways and its customers.
7. Intellectual property
The Services and all associated Content, trademarks, logos, designs and software are owned by or licensed to Brownways and are protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you. You must not use the Brownways name or branding without prior written consent.
8. Third-party services
The Services may rely on third-party services and platforms, including Apple, Google, hosting and messaging providers, and mapping services. Your use of the Services may also be subject to the terms of those third parties. Brownways is not responsible for third-party services that it does not control.
9. Privacy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use and protect your personal information. By using the Services you consent to that handling of your information.
10. Disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied. Brownways does not warrant that the Services will be uninterrupted, error-free, secure, or that defects will be corrected.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.
11. Limitation of liability
To the maximum extent permitted by law, Brownways will not be liable for any indirect, incidental, special or consequential loss, or for loss of profits, data or goodwill, arising from or in connection with your use of, or inability to use, the Services. Where liability cannot be excluded, our total liability is limited to the extent permitted by law.
12. Indemnity
You agree to indemnify and hold harmless Brownways and its officers, employees and agents from any claims, losses, liabilities and expenses arising from your breach of these Terms or your misuse of the Services.
13. Suspension and termination
Brownways may suspend or terminate your access to the Services at any time, with or without notice, if you breach these Terms, if required by law, or for operational or security reasons. You may stop using the Services at any time and may request deletion of your account as described in the Privacy Policy. Provisions that by their nature should survive termination will continue to apply.
14. App store terms (Apple and Google)
Where you obtain the mobile app from the Apple App Store, you acknowledge that these Terms are between you and Brownways only, and not with Apple. Apple is not responsible for the app or its content and has no obligation to provide maintenance or support. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple and, where applicable, Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple is not responsible for addressing any claims relating to the app, including product-liability, regulatory or intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Where you obtain the mobile app from Google Play, your use is also subject to the Google Play Terms of Service, and you agree to comply with all applicable Google Play usage rules.
15. Governing law
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
16. Changes to these terms
We may update these Terms from time to time. The current version will be available within the Services, and the “Effective date” above will be updated. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
17. Contact us
For any questions about these Terms, please contact:
Entity: Brownways Transport Pty Ltd
ABN: [insert ABN]
Address: 4 Military Road, Matraville, NSW 2036, Australia
Phone: 1300 020 165
Email: [support@brownways.com.au]