Terms and Conditions of Use

Legal Notices

Before accessing or using any of the Sites accessed via www.gopenske.com.au (the "Sites"), please carefully review the Terms and Conditions of Use ("Terms of Use") provided below. These Terms of Use apply to and govern use of all the Sites. These Terms of Use relate solely to your access to and use of the Sites and do not govern any truck hire, leasing or rental arrangement or any other commercial relationship between you and Penske, which will be subject to separate terms and conditions. By accessing or using any of the Sites, or by registering and maintaining a Single Sign On ("SSO") account to access the Sites, you acknowledge your careful review and acceptance of these Terms of Use. If you do not agree to the Terms of Use, you may not register or maintain an account or otherwise use or access any of the Sites or their contents.

1. Acceptance of Terms of Use

These Terms of Use constitute an express agreement between Penske Truck Leasing Co., L.P. and its subsidiaries (collectively, "Penske"), the provider of the Sites, and you for access to and use of the Sites. For the avoidance of doubt, these Terms of Use govern only your use of and access to the Sites and do not form part of, and are separate to, any truck hire, leasing, rental or other service agreement between you and Penske. BY ACCESSING THE SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ ALL OF THESE TERMS OF USE, THAT YOU UNDERSTAND EACH OF THEM AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM.

2. Use of the Sites

The purpose of the Sites is to provide you with information and to provide and enhance services that Penske offers. You agree your access to any of the Sites and their contents, shall be solely used for obtaining information and/or services and that you shall not use your account or otherwise access any of the Sites or their contents to directly compete with or gain competitive advantage over Penske. You shall not disrupt or otherwise interfere with the normal operation of the Sites, including without limitation posting or transmitting files that contain viruses, worms, Trojan horses, or any other contaminating or destructive features, or material that is harmful, offensive, threatening, abusive or hateful. You shall not access or use the Sites in any manner that violates any applicable Commonwealth, State or Territory law of Australia.

You shall not use any robot, spider, scripting program, "page-scrape" or other automatic or manual device, program, algorithm or methodology to access, monitor, upload, download, "scrape," or otherwise copy any portion of the Sites or their contents without the express prior written consent of Penske. You shall not reproduce or circumvent the navigational structure or presentation of the Sites to obtain or attempt to obtain any content of any portion of the Sites.

You agree that violation of these Terms of Use constitutes an unlawful and unfair business practice causing irreparable harm to Penske for which monetary damages would be inadequate, thus subjecting you to injunctive or equitable relief in addition to any other remedies available at law.

Penske cannot and does not represent or warrant that the files available for downloading through the Sites will be free of infection, viruses, worms, Trojan horses or other code that manifest contaminating or destructive ties. You assume all risk and responsibility for your use of the Sites and the Internet.

3. Proprietary Information

As between you and Penske, all content of the Sites, including each Site's appearance, "look and feel," report formats and information or system hardware used or supplied by Penske in connection with the use of such Site, are owned by or licensed to Penske unless otherwise expressly indicated. You may not copy, distribute, transmit, display, modify, perform, or create derivative works from information or material on the Sites, except as expressly permitted in these Terms of Use. You may, however, download and make one copy of the content and other downloadable items displayed on the Sites for your personal, noncompetitive use only, provided that you maintain all copyright and other proprietary notices contained in such content. Nothing in these Terms of Use constitutes a transfer or assignment of any intellectual property rights to you.

Any Penske trademarks, trade dress, service marks, logos or trade names that appear on the Sites or are otherwise referenced on the Sites are the property of Penske and no license or other right to use such marks, names, logos or dress shall be deemed given without the express written permission of Penske.

4. Confidentiality

With the exception of materials obtained from or available in the public domain, you shall treat as confidential the content provided on the Sites. You also shall treat as confidential information or systems hardware used or supplied by Penske in connection with the Sites. You shall not disclose such content, information or systems hardware to any third party without Penske's prior written consent. You will not use such content, information or systems hardware for purposes other than as expressly permitted in these Terms of Use.

Please note that if you have entered into a separate confidentiality agreement with Penske, the content, information or systems hardware of the Sites shall be included within the definition for "confidential information" for purposes of and pursuant to the term of any such agreement(s).

5. User-Supplied Content

You agree that you are solely responsible for the accuracy and content of all information, data, text, or other materials that you provide to Penske via the Sites and that Penske is not responsible or liable for this information. You understand that your participation in online communications may occur in real time and is not edited, censored or otherwise controlled by Penske. Penske cannot and does not screen content provided by users of the Sites. Penske reserves the right to monitor such content and has the right, in its sole discretion, to remove such content if Penske determines it to be harmful, offensive or otherwise in violation of these Terms of Use or Penske's Privacy Policy. By providing such content, you grant to Penske an unrestricted, irrevocable, worldwide, royalty-free, fully-paid license to use, reproduce, display, perform, transmit, distribute, modify or create derivative works from such content.

You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Penske all of the license rights granted herein.

6. Disclaimer and Links to Third-Party Sites

The Sites may contain information provided to Penske by third parties, including without limitation fuel tax summaries, rates and locations of fuelling stations. This information is provided on the Sites for your convenience and general information only. Penske makes no warranties or representations as to the accuracy, reliability, currency or completeness of such information. You acknowledge and agree that any reliance you place on any information, content or materials provided on the Sites is entirely at your own risk. Penske does not accept any responsibility or liability for any loss or damage whatsoever suffered by any person as a result of, or in connection with, any reliance on any information, content or materials provided on the Sites. You should make your own enquiries and seek independent professional advice before acting on any information obtained from the Sites.

The Sites also may contain links to other third-party websites, which may offer other services, software or resources. These links are provided for your convenience only. Penske has no responsibility for these third-party websites or the content contained therein. Such links do not constitute endorsements by or affiliations with Penske of such websites, their content or any products or services made available thereon. Such links do not constitute authorisation to use any trademark, service mark, trade name, logo, trade dress or copyright of Penske. You agree and acknowledge that Penske is not responsible or liable for any content or related materials contained on any of these third-party websites and that any reliance you place on such content is entirely at your own risk. Penske cannot and does not make any representations or warranties in connection with such third-party websites or the content contained thereon.

You will not link or frame any portions of the Sites without the express written permission of Penske.

The information, content and materials provided on the Sites are of a general nature only and are not intended to constitute professional advice or a recommendation. You must not rely on any information, content or materials on the Sites as an alternative to professional advice relevant to your particular circumstances. Penske expressly disclaims all liability for any loss or damage arising from any person's reliance on any information, content or materials provided on the Sites.

7. No Warranty

THE INFORMATION AND MATERIALS CONTAINED ON THESE SITES IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW (SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)), PENSKE AND ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS HEREBY DISCLAIM (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT THE SITES' CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SYSTEMS THAT MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) ALL WARRANTIES AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE SITES; AND (iii) ANY LIABILITY FOR ERRORS, INACCURACIES OR OMISSIONS IN THE INFORMATION CONTAINED ON THESE SITES, AND FOR ANY DOWNTIME EXPERIENCED ON THE SITES. NOTHING IN THESE TERMS OF USE EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE OR OTHER RIGHT OR REMEDY CONFERRED ON YOU UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, WARRANTY OR STATEMENT MADE BY PENSKE OR ANY OTHER PERSON ON PENSKE'S BEHALF IN RELATION TO THE SITES, OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW (SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)), PENSKE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE) ARISING OUT OF OR RELATED TO YOUR USE OF OR RELIANCE ON THE SITES OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED ON THE SITES, OR A DELAY OR INABILITY TO USE THE SITES, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF PENSKE HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE PENSKE'S LIABILITY CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW, PENSKE'S LIABILITY IS LIMITED, AT PENSKE'S OPTION, TO THE RESUPPLY OF THE RELEVANT SERVICES OR THE PAYMENT OF THE COST OF HAVING THE RELEVANT SERVICES RESUPPLIED.

9. Indemnification

You hereby agree to release and hold Penske, its officers, directors, employees, agents and representatives harmless from and defend and indemnify them against any and all third-party claims, liability, damages and/or costs (including without limitation attorney’s fees) they incur arising out of or related to (i) your use of or reliance on the Sites, (ii) your violation of the Terms of Use, or (iii) your infringement of any intellectual property or other right.

10. Scheduled Downtime and Outages

Penske does not guarantee continuous, uninterrupted or secure access to the Sites, and operation of the Sites may be affected by factors outside of Penske's control, for which Penske shall not be liable. Penske may from time to time in its sole discretion periodically schedule system downtime for system maintenance and other purposes.

11. Privacy

Penske collects, holds, uses and discloses personal information in connection with the Sites in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By accessing or using the Sites, you acknowledge and consent to Penske's collection of your personal information through the Sites, including information provided by you directly (such as your name, contact details, and account information) and information collected automatically (such as your IP address, browser type, and usage data).

Penske collects personal information through the Sites for the purposes of providing and improving the Sites and the services offered through them, communicating with you, responding to your enquiries, administering your account, complying with applicable laws, and for such other purposes as are set out in the Penske Privacy Policy.

Penske may disclose your personal information to its related bodies corporate, service providers, contractors and agents who assist Penske in operating the Sites or providing services to you, and to such other third parties as are described in the Penske Privacy Policy. Penske will not disclose your personal information to any third party for a purpose other than as set out in these Terms of Use or the Penske Privacy Policy, except with your consent or as required or authorised by law.

You have the right to request access to, and correction of, any personal information that Penske holds about you, in accordance with the APPs. To make such a request, please contact Penske using the details set out in the Penske Privacy Policy. Penske will respond to any such request within a reasonable period and in accordance with the Privacy Act 1988 (Cth).

For full details of how Penske collects, holds, uses and discloses personal information, please refer to the Penske Privacy Policy, found at [www.gopenske.com/privacy], the terms of which are incorporated into and form part of these Terms of Use.

12. Severability

If any part of these Terms of Use is determined to be invalid, illegal or unenforceable pursuant to applicable Australian law, then the invalid, illegal or unenforceable provision will be severed and the remainder of these Terms of Use shall continue in full force and effect. To the extent permitted by law, the parties agree that any such invalid, illegal or unenforceable provision shall be deemed replaced by a valid, enforceable provision that most closely reflects the intent of the original provision.

Nothing in these Terms of Use is intended to exclude, restrict or modify any consumer guarantee or other right or remedy conferred on you under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. All provisions contained herein are only enforceable to the extent permitted by applicable Australian law.

13. Termination or Suspension of Access

Penske may terminate or suspend your access to any or all of the Sites at any time, with or without cause.

14. Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Penske.

15. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Queensland Australia, and the Commonwealth laws of Australia applicable therein.

16. Jurisdiction

Any claim or dispute arising out of or in relation to these Terms of Use or use of the Sites shall be subject to the non-exclusive jurisdiction of the courts of Queensland, Australia, and any courts competent to hear appeals therefrom. You irrevocably submit to the jurisdiction of such courts and waive any objection to proceedings being brought in those courts on the grounds of venue or inconvenient forum. Any claim that you may have arising out of or relating to these Terms of Use or use of the Sites must be commenced within the applicable limitation period prescribed by law.

17. Geographic Scope

The Sites are controlled and operated by Penske from Australia. The Sites are intended for use by persons located in Australia only. Penske makes no representations or warranties that the content of the Sites is appropriate or available for use in locations outside Australia, and access to the Sites from jurisdictions where the content may be illegal is strictly prohibited. If you access the Sites from outside Australia, you do so at your own risk and are responsible for compliance with all applicable local laws.

18. Miscellaneous

Penske's failure to strictly enforce the performance of any provision of these Terms of Use shall not be deemed a waiver of its rights under such provision. Penske may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

19. Entire Agreement

These Terms of Use, together with the Penske Privacy Policy and any other policies or documents expressly referenced herein, constitute the entire agreement between you and Penske in relation to your access to and use of the Sites. These Terms of Use supersede all prior or contemporaneous communications, representations, understandings and agreements, whether oral or written, between you and Penske with respect to the subject matter hereof. For the avoidance of doubt, these Terms of Use do not form part of, and are separate to, any truck hire, leasing, rental or other service agreement between you and Penske.

20. Changes in The Sites and These Terms of Use

Penske has the right, at its sole discretion, to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Sites at any time, without notice, with such changes effective upon posting on the Sites.

21. Questions, Comments, Complaints, or Service Issues

If you have any questions, comments, complaints or service issues pertaining to the Sites, please contact Customer Service at 1300 GO PENSKE or via email.