Terms and Conditions

Terms and conditions updated on 14th December 2015.

If you continue to use this application, you are agreeing to comply with and be bound by the following terms and conditions, which together with our Privacy Policy govern abil.io and Sming’s relationship with you in relation to this application. If you disagree with any part of these terms and conditions, please do not use our application. If you have any queries about these terms and conditions, please contact us.


The term “abil.io”, “Sming”, “us”, or “we” refers to the creator of the application and owner of the routing services whose contact details are available on the abil.io website. The term “you” or “customer” refers to the user of this application and viewer or consumer of it’s data. The term “goods” means all goods on this application sold and/or delivered by abil.io and Sming to you.

  1. Application
    1. No amendment, alteration, waiver or cancellation of any of these Terms and Conditions is binding on us unless confirmed by us in writing.
    2. The customer acknowledges that no employee or agent of Sming or abil.io has any right to make any representation, warranty or promise in relation to the data or the use of the data other than as contained in these Terms and Conditions.
  2. Use of the Application
    1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
    2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance or completeness of the information or materials found on in this application for any particular purpose. You acknowledge that such information or materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    3. Your use of any information or materials on this application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any data, services or information available through this application meet your specific requirements.
    4. This application contains materials which are owned by or licensed to us, unless otherwise acknowledged on the abil.io website. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited in all circumstances unless permission is provided in writing by an officer of Sming.
    5. Unauthorised use of this application may give rise to a claim for damages and/or be a criminal offence.
    6. From time to time, this application may also include links to other websites. These links are provided for your convenience and to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
    7. Your use of this application and any dispute arising out of such of the application is subject to the laws and courts of New South Wales and Australia.
  3. Risk and Insurance
    1. The use of this application is entirely at the risk of the customer from the moment of delivery to the device.
    2. It is up to the user, at its own expense, to maintain the application and insure against any use of the application, it’s data, breakdown, fire, water and other risks as from the moment of first use of the application.
    3. Sming and abil.io are not responsible for any reimbursement for losses, including loss of profits, death, disablement, or criminal use of the application.
  4. Limited Liability
    1. These terms and conditions do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
    2. Sming and abil.io are not subject to, and the user releases Sming and abil.io from, any liability (including but not limited to the consequential loss or damage) because of any delay in delivery or fault or defect in the application.
  5. Agreement
    1. The terms of the agreement are wholly contained in these Terms and Conditions and any other writing provided on the abil.io website.
    2. You, as the user, expressly acknowledge and agree that you have not relied upon, and we are not responsible for any advice given by us in relation to the suitability for any purpose of the advice given in this application.
    3. Abil.io provides computed data that is derived from a number of sources, advice given on the route is provided without any warranty and abil.io and Sming are not responsible for issues relating to it’s use.
    4. Data provided in the application is accurate at the time the timetables are generated and may be out of date. Abil.io and Sming are not responsible for data accuracy in the event of inaccuracies.
    5. We are not responsible for disruption to your journey (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).
    6. No failure by abil.io and Sming to insist on strict performance of any of these Terms and Conditions is a waiver of any right or remedy which abil.io and Sming may have, and is not a waiver or any subsequent breach or default by the user.
    7. If any provision in these Terms and Conditions is held by a Court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
    8. These Terms and Conditions shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in relation to any dispute arising.
    9. These terms and conditions may change at the discretion of abil.io and Sming. In the event these terms and conditions change we will update them on the website.
    10. Continued use of this application you are agreeing to comply with and be bound by the updated terms and conditions
    11. You agree that you will not reverse engineer any aspect of the application and that Sming as the provider of abil.io are the rightful owners to it’s logos, content, data, APIs and functionality.
    12. Sming does not permit any use of the abil.io name, application, screens, imagery, data, the Sming logo, company name, customer stories, or other materials contained, provided by, generated by, or as the result of use of the application.
    13. Sming and abil.io may at any time terminate your access to the use of the application, or any aspect of it’s use such as removal of features, refusal of access to data, modifications to the visual attributes or flow of the application or any other modification, reduction in service or removal of functionality at Sming or abil.io’s discretion.

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