Issued Industry Codes of Practice

Introduction

These Terms of Use apply to your use of a issued Industry Code of Practice (ICP) and any other material relevant to them obtained through the NHVR (https://www.nhvr.gov.au/) (Website) (collectively, the Content). By using the Content, you agree to these Terms of Use and enter into an agreement with National Heavy Vehicle Regulator (We, Us and Our). If you do not agree to these Terms of Use, you must not use the Content.

We reserve the right to amend, supplement or replace these Terms of Use at any time and by continuing to use the Content you acknowledge and agree to such amended, supplemented or replaced Terms of Use.

Use and access

Subject to your full and continued compliance with these Terms of Use, We grant you a limited, personal, revocable, non-exclusive, non-sub-licensable and non-transferable right to access and use the Content.

By using the Content you agree an ICP must only be used for the following uses:

• reading;
• downloading;
• printing; and
• copying for training purposes;
• performing for training purposes.

By using the Content you must not do any of the following in respect of an ICP:

• breach any provision of the Copyright Act;
• copy without attribution to the Developer, alter, re-publish, sell, lease, communicate, modify, create derivative works from, translate, disassemble, reverse-engineer, decompile or otherwise exploit any of the Content; or
• commercialise or exploit for a profit, any of the Content; 

unless we have given our express written authority for you to do so.

You acknowledge and agree that the Content does not constitute legal advice and you will obtain independent legal advice before deciding on any course of action.

Liability and indemnity

To the maximum extent permitted by law, We exclude all representations, warranties, terms and conditions, whether express or implied (whether by statue, custom, law or otherwise), except as expressly set out in these Terms of Use.

To the maximum extent permitted by law, We will not be liable for any claim or loss (including direct and indirect loss and damage) however arising (including through Our negligence) suffered or incurred by you arising from or in connection with:

• your access to, or use of, the Content;
• any decision, action, omission or other course of conduct which you take in reliance on any content provided in connection with the Content;
• any error or defect in the Content; or
• any contravention by any other user of any applicable laws.

You agree to indemnify Us, Our officers, employees, agents and contractors, from and against all claims or loss (including direct and indirect loss and damage) which arises out of or in connection with:

• your use of the Content;
• any act of fraud or wilful misconduct by or on your behalf; and
• your breach of these Terms of Use.
• We will use Our best endeavours to ensure the Content is current at all times and consistent with the HVNL.

Intellectual Property

Except as otherwise provided in these Terms of Use, all Content, including text, graphics, logos, images, audio and/or visual files, software and other data, is the valuable property of Us and/or our content providers and may be protected by copyright.

NHVR and any other logos, trade names or getup used on the Website relating to us are our trade marks whether they are registered or unregistered (Our Marks). You must not use Our Marks in any way without our written consent (which may be given or withheld at our discretion). You must not act in any manner that is likely to confuse customers or in any way that may harm our reputation.

Any other trade-marks appearing within the Content not belonging to us are the property of their respective owners who we may or may not be affiliated with. You do not have any rights to any such trade-marks.

International Access

Products available on the Website may be limited to supply within Australia. If you access the website from outside Australia, you acknowledge that we may not be able to supply any products to you. You agree to comply with any local laws in relation to the Content.

These Terms of Use are governed by the laws in force in Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Queensland, and any courts competent to hear appeals from those courts, in relation to any dispute arising out of or in connection with the Content.