Date Last Revised: August 18, 2010
This Agreement sets out the terms and conditions that apply to your access and use of the web site located at www.nowfleet.com.au ('NowFleet') as owned and operated by Hutchinson Software Pty Ltd.
By using NowFleet you agree to be bound by the terms and conditions of this Agreement as they may be amended from time to time
By using the information, tools, features and functionality located on NowFleet (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the NowFleet.com.au website) or you are a “Member” (which means that you have registered with NowFleet.com.au and are recognised as such by Us).
The term “You” and “Your” refers to you in your individual capacity and as a User of the Service.
The term “User” refers to a Visitor or a Member.
The term “We”, “Our” or “Us” refers to Hutchinson Software Pty Ltd.
If You wish to become a Member and make use of the Service, You must read this Agreement and indicate Your acceptance during the Registration process.
Use of the Service is restricted to users over 18 years of age
If You accept this Agreement, You represent that You have the capacity to be bound by it or if You are acting on behalf of a company or entity that You have the authority to bind such entity. Before You continue, You should print or save a local copy of this Agreement for Your records.
For information about Our data protection practices, please read Our Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how We treat Your personal information when You access NowFleet.com.au and use the Service. The policy may be updated from time to time at Our discretion. Changes will be effective upon posting to the site.
The Service is a motor vehicle information management service that allows Members to record and track their motor vehicle information on NowFleet.com.au.
NEITHER Us NOR THE SERVICE IS INTENDED TO PROVIDE TAX OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER OR TAX ADVISOR. The Service is intended only to assist you in your vehicle fleet management.
The Service is meant as an aid to assist You in organizing and managing Your vehicle fleet. It is not intended to nor does the Service constitute or purport to provide legal, tax or financial advice. . Before making any final decisions or implementing any tax strategy concerning the Service We recommend that You should consider obtaining additional information and advice from Your accountant or other financial advisers who are fully aware of your individual circumstances and can advise You accordingly.
With the Service, Members may direct Us to retrieve their own information maintained online by third-party institutions with which they have maintain accounts (“External Information”). We make no effort to review the External Information for any purpose, including but not limited to accuracy, legality or non-infringement. We are not responsible for the products, information and services offered by or on third-party sites.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, External Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID , allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
You must provide Your legal full name, a valid email address, and any other information requested by Us in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
One person or legal entity may not maintain more than one free account.
By providing us with Your e-mail address, You agree to receive all required notices electronically, to that e-mail address. It is Your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if Your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of Your Registration Information, You agree to notify Hutchinson Software immediately at the email address - security@NowFleet.com.au.
Your right to access and use NowFleet.com.au and the Service is personal to You and is not transferable by You to any other person or entity. You are only entitled to access and use NowFleet.com.au for lawful purposes.
Your access and use of NowFleet.com.au may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of NowFleet.com.au or other actions that We in Our sole discretion, may elect to take.
We may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to You following certain changes made online to Your account with Us, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by You. These alerts allow you to choose alert messages for Your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time at Our sole discretion. Each alert has different options available, and You may be asked to select from among these options upon activation of Your alerts service.
Electronic alerts will be sent to the email address selected when activating Your alerts service. If Your email address changes, You are responsible for informing Us of that change.
Because alerts are not encrypted, We will never include your password. However, alerts may include your NowFleet.com.au Login ID and some information about Your vehicles. At any time You may disable future alerts.
By submitting information, data, passwords, usernames, other log-in information, materials and other content to Us through the Service, you are licensing that content to Us solely for the purpose of providing the Service. We may use and store the content, but only to provide the Service to You. By submitting this content to Us you represent that You are entitled to submit it to Us for use for the stated purpose, without any obligation by Us to pay any fees or other limitations.
YOU ACKNOWLEDGE AND AGREE THAT WHEN We are ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, We are ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
The contents of NowFleet.com.au, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Australian and other applicable copyright, trade mark and other laws. The content of NowFleet.com.au belong or are licensed to Us or its software or content suppliers. We grant you the right to view and use NowFleet.com.au subject to these terms. You may download or print a copy of information provided on NowFleet.com.au for Your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from NowFleet.com.au in whole or in part for any other purpose is expressly prohibited without Our prior written consent.
You agree that You will not:
1.Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor NowFleet.com.au or any portion of NowFleet.com.au, without Our express written consent, which may be withheld in Our sole discretion;
2.Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search NowFleet.com.au, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
3.Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of NowFleet.com.au or the Service; or
4.Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of NowFleet.com.au or the Service.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH NowFleet.com.au OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. We MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF NowFleet.com.au OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Except for any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this paragraph to be void We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Our aggregate liability to You for any other losses resulting from Your use of the Services is limited to the nominal amount of $1.00.
We MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON NowFleet.com.au OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Further, We MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
We recommend that prior to using the Service You carry out an appropriate virus check.
You understand and agree that any alerts provided to You through the Service may be delayed or prevented by a variety of factors. We do Our best to provide alerts in a timely manner with accurate information. However, We neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
You shall defend, indemnify and hold harmless Us and Our officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this Agreement by You.
You are solely responsible for properly cancelling Your account. An email or phone request to cancel Your account is not considered cancelled. You can cancel Your account at any by following the directions below:
We may at any time, terminate Our agreement with You and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of Your Account and the forfeiture and relinquishment of all data in Your Account. We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to You.
Prices of all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from Us. Such notice may be provided at any time by posting the changes to the NowFleet website (nowfleet.com.au) or the Service itself.
We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may modify, change or amend the terms and conditions of this Agreement from time to time. Any and all changes to this Agreement will be posted on the NowFleet.com.au site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those modifications, changes or amendments are posted.
This document is governed by, and is to be construed in accordance with, the law of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts..
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if We do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which We have the benefit of under any applicable law), this will not be taken to be a formal waiver of Our rights and that those rights or remedies will still be available to Us.
All covenants, agreements, representations and warranties made in this Agreement shall survive Your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Us regarding the subject matter of the same, and supersedes all other previous agreements.