Last Updated: 1st January 2024
Effective Date: 1st January 2024
Carmunicate Pty Ltd (ABN: 29 673 130 535)
Director: Dale Bonello
BY DOWNLOADING, ACCESSING, OR USING THE CARMUNICATE MOBILE APPLICATION OR ANY RELATED SERVICES, FEATURES, CONTENT, OR WEBSITES (COLLECTIVELY, THE “APP”), YOU (WHETHER AN INDIVIDUAL, BUSINESS, COMPANY, LAW ENFORCEMENT AGENCY, POLICE FORCE, LOCAL COUNCIL, POLITICIAN, GOVERNMENT ENTITY, OR ANY OTHER LEGAL PERSON OR ORGANISATION) UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “TERMS”). IF YOU DO NOT AGREE, YOU MUST BY DOWNLOADING, ACCESSING, OR USING THE CARMUNICATE MOBILE APPLICATION OR ANY RELATED SERVICES, FEATURES, CONTENT, OR WEBSITES (COLLECTIVELY, THE “APP”), YOU (WHETHER AN INDIVIDUAL, BUSINESS, COMPANY, LAW ENFORCEMENT AGENCY, POLICE FORCE, LOCAL COUNCIL, POLITICIAN, GOVERNMENT ENTITY, OR ANY OTHER LEGAL PERSON OR ORGANISATION) UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “TERMS”). IF YOU DO NOT AGREE, YOU MUST UNINSTALL THE APP AND DELETE IT FROM YOUR DEVICES.
“Carmunicate”, “we”, “us”, “our” means Carmunicate Pty Ltd (ABN 29 673 130 535 ) and its Director, jointly and severally.
“You”, “your” means any user of the App, including individuals, businesses, companies, law enforcement/police, councils, politicians, government bodies, and any other legal entity or organisation.
“App” includes all current and future features, including but not limited to: number plate messaging, rego reminders, parking reminders, licence renewal reminders, YouTube tutorials, driving quiz, car sales, car raffles, Android Auto/ Apple CarPlay integration, pothole reporting (to any council), tow truck requests, Carmunicate’s own ride‑share feature, social media feed, in‑app store (for businesses to sell car products/ services), navigation maps, subscription features (decorate plate, business info, platform fees), and any other service we add.
2.1 By using the App, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal authority to bind yourself and any entity you represent to these Terms.
2.2 If you are using the App on behalf of a business, company, law enforcement agency, police force, local council, political office, or government, you warrant that you are authorised to accept these Terms on behalf of that entity, and that entity agrees to be bound by all provisions, including the release and covenant not to sue or charge in Section 15.
3.1 Carmunicate reserves the right to change, modify, add, or remove any part of these Terms at any time, for any reason, in our sole discretion, without prior individual notice. We may notify you by posting the revised Terms in the App or by any other means we choose.
3.2 Your continued use of the App after any change constitutes your unconditional acceptance of the new Terms. If you do not agree to the revised Terms, you must immediately stop using the App.
3.3 All past versions of these Terms shall remain in full force and effect concurrently with any future versions. This means that every version of these Terms ever published is binding on you, and Carmunicate may enforce any provision from any prior version at its sole discretion.
3.4 These Terms, including all past and future versions, shall remain binding on you indefinitely, even after you delete your account, uninstall the App, or cease using Carmunicate for any reason. No act of deletion or cessation shall relieve you of any obligation or liability arising from your prior use.
4.1 Carmunicate grants you a personal, non‑exclusive, non‑transferable, revocable, limited licence to use the App for your personal or internal business purposes, subject to these Terms.
4.2 You must not: Copy, modify, distribute, sell, or lease any part of the App.
Reverse engineer, decompile, or extract the source code.
Use any robot, spider, scraper, or automated means to access the App for any purpose without our written permission.
Interfere with or disrupt the App or its servers.
Track, monitor, or collect data about any user or their vehicle without their explicit consent, even if such tracking is technically possible. Any form of user tracking or surveillance through the App is strictly prohibited.
5.1 You must provide accurate information and maintain the security of your account credentials.
5.2 Number plates are used as usernames for messaging. Carmunicate does not verify feature entirely at your own risk.
5.3 You must not: Harass, threaten, impersonate, spam, or send unlawful messages.
Use another person’s number plate without lawful authority.
Send messages that encourage dangerous or illegal driving.
5.4 Carmunicate may monitor, suspend, or terminate messaging access for any violation, without notice.
These are convenience features only. Carmunicate is not liable for missed, delayed, or undelivered reminders. You remain solely responsible for complying with all vehicle registration, parking, and licensing laws.
YouTube tutorials are provided via integration with YouTube. YouTube’s own terms apply to that content. Carmunicate does not control, endorse, or take responsibility for any tutorial. · The driving quiz is for informational/ entertainment purposes only; it does not certify driving ability or replace official driver education.
Carmunicate is not a party to any transaction between buyers and sellers. We do not verify listings, vehicle condition, ownership, or legality.
All sales are “as is” and at your own risk. You assume all liability for disputes, fraud, or misrepresentation.
Raffles are subject to additional rules displayed at entry. You must comply with all applicable gambling and lottery laws in your jurisdiction.
Carmunicate may cancel, modify, or suspend any raffle at any time without liability.
You agree that you will NOT use any manual feature of the App (typing, scrolling, entering destinations) while driving a moving vehicle.
If you use voice controls via Android Auto or CarPlay, you do so entirely at your own risk. Carmunicate strongly discourages any interaction while driving.
You assume full and sole responsibility for any accident, injury, death, property damage, traffic fine, or legal consequence arising from your use of the App while driving.
Pothole reports are submitted to the relevant council as a courtesy. Carmunicate and its Director are not responsible for any council’s failure to act, delay, or any damage caused by potholes. You assume all risk of relying on this feature.
Tow requests are sent to third‑party providers (or Carmunicate’s own network). Carmunicate is not responsible for the quality, availability, safety, cost, or conduct of any towing service.
If Carmunicate offers a ride‑share service, you agree that Carmunicate acts solely as a technology platform. We are not a transportation carrier. You assume all risks associated with ride‑sharing, including accidents, injury, theft, or misconduct by drivers or passengers.
You are responsible for your posts. Carmunicate may remove content that violates.
You are responsible for your posts. Carmunicate may remove content that violates but has no duty to monitor all posts.
Third‑party businesses sell products/services through the store. Carmunicate does not warrant any product’s quality, safety, legality, or fitness for purpose. Transactions are solely between you and the seller. Carmunicate may charge platform fees, which are disclosed at the time of transaction.
The App integrates with a third‑party mapping service (e.g., Google Maps). Carmunicate is not liable for routing errors, traffic inaccuracies, or location data. Obey all traffic laws and signage.
The App is free with no third‑party ads. Subscriptions are optional and auto‑renew unless cancelled. No refunds except as required by law. Carmunicate may introduce platform fees for transactions (e.g., car sales, store purchases) – such fees will be disclosed.
7.1 You retain ownership of content you submit (“User Content”). By submitting, you grant Carmunicate a worldwide, royalty‑free, perpetual, irrevocable, sub‑licensable, transferable licence to host, store, display, reproduce, modify, create derivative works of, and use that content for any purpose, including commercial purposes, without compensation to you.
7.2 You warrant that your User Content does not infringe any third‑party rights and is not unlawful, defamatory, obscene, or dangerous (including content that encourages reckless driving).
7.3 Carmunicate may disclose your information to law enforcement, regulators, councils, or government agencies if required by law or if we believe such disclosure is necessary to prevent harm or enforce these Terms.
You agree NOT to: Use the App while driving a moving vehicle (except voice‑only if safe and legal).
Send spam, harass, bully, threaten, or stalk any user.
Manipulate car sales, raffles, or the store for fraud.
Submit false pothole, tow, or ride‑share requests.
Track, monitor, or spy on any other user’s location, behaviour, or data in any way.
Bypass geographic restrictions or use VPNs to access features not available in your region.
Use the App for any illegal purpose, including violating road traffic laws, data protection laws, or anti‑surveillance laws. Violation may result in immediate account termination without notice and referral to law enforcement.
All trademarks, logos, software, and content (excluding User Content and third‑party integrations) are owned by Carmunicate or its licensors. You may not use the Carmunicate name, logo, or “decorated plate” designs without our prior written permission.
10.1 Your use of the App is also governed by our Privacy Policy, which explains: Collection of location data (for maps, potholes, towing, ride‑share).
Sharing with third parties (mapping service, tow providers, payment processors, councils for pothole reports).
Compliance with Australian privacy law and, where applicable, local laws in the USA, Canada, New Zealand, UK, China, Russia, and Japan.
10.2 By using the App, you consent to such collection, use, and sharing.
10.3 Carmunicate is not responsible for the privacy practices of any third‑party service (including councils, tow companies, or mapping services).
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.
Carmunicate does not warrant that:
The App will be uninterrupted, secure, error‑free, or available at any specific time or place.
Any defects will be corrected.
The App is free of viruses or other harmful components.
Any information (e.g., pothole reports, map directions, car listings, ride‑share driver background) is accurate, reliable, or complete.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARMUNICATE OR ITS DIRECTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE ARISING OUT OF OR IN CONNECTION WITH:
YOUR USE OR INABILITY TO USE THE APP.
ANY INTERACTION BETWEEN USERS (MESSAGING, CAR SALES, RAFFLES, RIDE‑SHARE).
ANY THIRD‑PARTY SERVICE (TOW, MAPPING, YOUTUBE, COUNCILS).
ANY ACCIDENT, INJURY, DEATH, OR VEHICLE DAMAGE ARISING FROM YOUR USE OF THE APP WHILE DRIVING.
ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR DATA.
ANY TRACKING, SURVEILLANCE, OR DATA BREACH CAUSED BY A THIRD PARTY. YOUR SOLE REMEDY IS TO STOP USING THE APP AND DELETE IT.
You agree to indemnify, defend, and hold harmless Carmunicate and its Director (including our officers, employees, agents, affiliates, successors, and assigns) from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
Your use of the App (including while driving).
Your violation of these Terms. · Your violation of any law or third‑party right.
Any dispute between you and another user.
Any claim, fine, penalty, or demand made by any law enforcement agency, council, politician, or government body arising from your conduct.
14.1 No class actions: You agree that any dispute with Carmunicate will be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, consolidated action, or representative action, whether as a plaintiff or class member, in any jurisdiction worldwide.
14.2 Binding arbitration: Except for claims that can be brought in a small claims court in Queensland, any dispute arising out of or relating to these Terms or the App shall be submitted to binding arbitration in Brisbane, Queensland, under the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
14.3 You waive any right to a trial by jury.
15.1 YOU, ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT (INCLUDING ANY BUSINESS, COMPANY, LAW ENFORCEMENT AGENCY, POLICE FORCE, LOCAL COUNCIL, POLITICIAN, POLITICAL PARTY, GOVERNMENT BODY, STATE OR FEDERAL GOVERNMENT, OR ANY GOVERNMENTAL SUBDIVISION IN ANY COUNTRY), AGREE THAT YOU SHALL NEVER SUE, FILE ANY CLAIM, INITIATE ANY LEGAL OR ADMINISTRATIVE PROCEEDING, OR PARTICIPATE IN ANY ACTION AGAINST CARMUNICATE OR ITS DIRECTOR FOR ANY REASON WHATSOEVER — WHETHER ARISING FROM YOUR USE OF THE APP, THESE TERMS, ANY FEATURE OF THE APP, ANY INTERACTION BETWEEN USERS, OR EVEN FROM MATTERS THAT HAVE NO CONNECTION TO THE APP (I.E., “WITH IN OR WITH OUT CARMUNICATE”).
15.2 **YOU FURTHER AGREE THAT YOU SHALL NEVER SEEK TO CHARGE, FINE, PENALISE, DEMAND, OR COLLECT ANY PAYMENT, TAX, LEVY, FEE, FINE, PENALTY, OR COST OF ANY KIND FROM CARMUNICATE OR ITS DIRECTOR, WHETHER BY GOVERNMENT ACTION, REGULATORY ORDER, COURT JUDGMENT, ARBITRATION AWARD, STATUTORY DEMAND, COUNCIL RATE, TAX ASSESSMENT, OR OTHERWISE, ARISING FROM YOUR USE OF THE APP OR FROM ANY OTHER MATTER WHATSOEVER, WHETHER RELATED TO THE APP OR NOT. **
15.3 THIS COVENANT NOT TO SUE OR CHARGE APPLIES TO ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY, CONSTITUTIONAL LAW, HUMAN RIGHTS, CRIMINAL LAW, REGULATORY LAW, TAX LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, DEATH, FINANCIAL LOSS, EMOTIONAL DISTRESS, LOSS OF BUSINESS OPPORTUNITY, VIOLATION OF PRIVACY, DEFAMATION, OR ANY ALLEGED VIOLATION OF ANY LAW, REGULATION, OR ORDINANCE OF ANY COUNTRY, STATE, THIS COVENANT NOT TO SUE OR CHARGE APPLIES TO ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY, CONSTITUTIONAL LAW, HUMAN RIGHTS, CRIMINAL LAW, REGULATORY LAW, TAX LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, DEATH, FINANCIAL LOSS, EMOTIONAL DISTRESS, LOSS OF BUSINESS OPPORTUNITY, VIOLATION OF PRIVACY, DEFAMATION, OR ANY ALLEGED VIOLATION OF ANY LAW, REGULATION, OR ORDINANCE OF ANY COUNTRY, STATE, LOCAL GOVERNMENT.
15.4 **YOU HEREBY FULLY AND FOREVER RELEASE AND DISCHARGE CARMUNICATE AND ITS DIRECTOR FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING LEGAL FEES) OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APP OR WITH ANY OTHER MATTER, WHETHER RELATED TO THE APP OR NOT. **
15.5 IF YOU ARE A LAW ENFORCEMENT AGENCY, POLICE FORCE, LOCAL COUNCIL, POLITICIAN, OR GOVERNMENT ENTITY, YOU EXPRESSLY WAIVE ANY SOVEREIGN IMMUNITY, CROWN IMMUNITY, DIPLOMATIC IMMUNITY, OR 15.5 IF YOU ARE A LAW ENFORCEMENT AGENCY, POLICE FORCE, LOCAL COUNCIL, POLITICIAN, OR GOVERNMENT ENTITY, YOU EXPRESSLY WAIVE ANY SOVEREIGN IMMUNITY, CROWN IMMUNITY, DIPLOMATIC IMMUNITY, OR TO THE EXTENT PERMITTED BY LAW, AND AGREE THAT THIS COVENANT NOT TO SUE OR CHARGE IS ENFORCEABLE AGAINST YOU. YOU FURTHER AGREE THAT ANY OFFICER, AGENT, OR EMPLOYEE ACTING WITHIN THE SCOPE OF THEIR DUTIES IS BOUND BY THIS PROVISION.
15.6 THIS COVENANT NOT TO SUE OR CHARGE SHALL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF THE APP, AND SHALL BIND YOUR HEIRS, SUCCESSORS, ASSIGNS, AND ANY ENTITY YOU REPRESENT, IN PERPETUITY, EVEN AFTER YOUR ACCOUNT IS DELETED.
16.1 Carmunicate is based in Queensland, Australia, but accessible from Australia, USA, Canada, New Zealand, UK, China, Russia, Japan, and other countries. You are responsible for complying with all local laws in your jurisdiction, except that any local law that would impose liability on Carmunicate or its Director or that would invalidate any part of these Terms is hereby superseded by these Terms to the maximum extent possible.
16.2 These Terms are governed by the laws of Queensland, Australia, without regard to conflict of laws principles. Any matter not subject to arbitration shall be litigated exclusively in the courts of Brisbane, Queensland. You agree not to invoke the jurisdiction of any other court or tribunal worldwide.
16.3 If any provision of these Terms is found to be void, invalid, or unenforceable under the laws of a particular jurisdiction, that provision shall be severed only as to that jurisdiction to the minimum extent necessary, and the remaining provisions (including the covenant not to sue or charge) shall remain in full force.
17.1 Carmunicate may suspend or terminate your access to the App at any time, with or without cause, with or without notice.
17.2 Upon termination, your licence ends immediately. However, all provisions of these Terms, including but not limited to Sections 7 (User Content licence), 11 (disclaimer), 12 (limitation of liability), 13 (indemnification), 14 (arbitration), 15 (release and covenant not to sue or charge), and 16 (governing law), shall survive termination and continue to bind you forever, even after you delete your account.
Severability: If any provision is held unenforceable, the remainder remains in effect.
No waiver: Our failure to enforce a right is not a waiver.
Entire agreement: These Terms (plus our Privacy Policy) are the entire agreement between you and Carmunicate.
Assignment: You may not assign these Terms without our written consent. Carmunicate may assign them freely.
Third‑party rights: No third party (including but not limited to any council, police force, or government) has any rights under these Terms except as expressly stated in Section 15.
For legal notices or questions regarding these Terms:
Carmunicate Pty Ltd – Legal
Attn: Director
Email: legal@carmunicate.app
BY DOWNLOADING, ACCESSING, OR USING CARMUNICATE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE RELEASE AND COVENANT NOT TO SUE OR CHARGE IN SECTION 15. YOU ALSO AGREE THAT CARMUNICATE MAY CHANGE THESE TERMS AT ANY TIME, AND THAT ALL PAST VERSIONS REMAIN IN FULL FORCE AND EFFECT, EVEN AFTER YOUR ACCOUNT IS DELETED. YOUR CONTINUED USE CONSTITUTES ACCEPTANCE OF ALL PRESENT AND PAST TERMS.
