The Fleet Office Terms and Conditions
By using these (“Services”) and (“Products”) provided by (“Us”) The Fleet Office Pty Ltd [ABN 42 603 641 050] through our (“Website”) you the (“Customer”) unconditionally and irrevocably agreed to and are bound by these Fleet Office Terms and Conditions (“Terms”). We may from time to time update our (“Terms”) and your continued use of these (“Products”) and (“Services”) is taken as acceptance of the updated (“Terms”) and all legislation and applicable current laws. We may also present to you other (“Terms”) and policies whilst using these (“Products”) and (“Services”) and continued use of taken as acceptance of the additional (“Terms”). The (“Customer”)’s general terms and conditions are hereby expressly excluded.
Definition of terms:
Australian Consumer Law: refers to “ACL” and means the law pursuant to Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Customers: refers to “Consumers”, “you” , “your” , “Client” , “Member” and any person who has access to the The Fleet Office Service either as a guest or through an account.
Customer Data: includes vehicle, location and any other data or information submitted as part of these Services.
User Form: means the electronic form offered by us that you can use in order to gather personal or other information from your employees and/or contractors in your sole discretion.
Fleet: means the vehicle(s) owned by the Customer.
Fleet Office: refers to “The Fleet Office” , and the terms “we” , “us” , “our” which is the party providing the “Product” , “Website” and “Services” to the “Customer.”
GPS: means Global Positioning System.
Intellectual Property: means: (a) copyright; (b) all rights conferred under statute, common law or equity in relation to inventions (including patents); (c) registered and unregistered trademarks; (d) registered and unregistered designs; (e) product imagery; (f) confidential information; (g) product descriptions, graphics and code; and (h) all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
Location Data: includes GPS data of the location of vehicles using this Service.
Login Information: means the information you chose and agree to keep secure while accessing these Services.
Mapping Data: means any third party GPS or location information.
Maximum Number: means the maximum number of Tracking Devices per Customer.
Products or Services: all “Services” , “Products” and “Online Services” we provide our “Customers.”
Subcontractor: means anyone who deals with Customers apart from “Us”.
Tracking Devices: – the hardware and software component connected to a vehicle for use of these Services.
Website: “website” , “site” , “apps” and all websites used in relation to the “Services.”
Use of the Services
You will be proving personal information as a Customer either through an account or as a guest. By using this Product, Services and Website, you agree to the Terms of these The Fleet Office terms and conditions.
Eligibility and Registration
To be eligible for registration and use of the Products, Services and Website you must:
- only register for the Products, Services and Website for the intended purpose of these Services; and
- only register for the Products, Services and Website legally pursuant to your state or country.
Responsibility for Minors
In cases where you have authorized a minor to use these Services you recognize that you are fully responsible for:
- the online conduct of such minor;
- controlling the minor’s access to and use of the Service; and
- the consequences of any misuse by the minor. You acknowledge that some of the areas of the Service and Website may contain material that is inappropriate for minors.
Registration, Accounts and Login
Customers can log in to the Website and Services via their The Fleet Office Account. The Fleet Office Account registration is free of charge.
We will aim to provide the Website and Services as accurately and up to date as possible. By using these Services you the Customer irrevocably and unconditionally agree to not act in a way that may constitute:
- Illegal activities;
- Breach of any applicable laws;
- Violation of these Terms, the Refunds Policy and Returns Policy;
- Accessing the Services via systems automation such as spambots or similar;
- Any such spam activities;
- Registering multiple accounts per one Customer;
- Using the Website in a way that could cause harm to others;
- Posting hateful, threatening, or violent reviews; and
- Hacking or accessing the Website other than methods listed in these Terms.
We reserve the right to suspend or terminate this agreement at our sole discretion if these Terms are violated.
The Fleet Office Responsibilities
It is our responsibility to provide the Products, Services and Website in good working order for the purposes of Customer purchases. We cannot take any responsibility for any loss, damage or consequential losses arising from using these Services. We will aim to provide the Products, Services and Website compatible with most browsers, interfaces, and website themes. However, this may not always be possible on every reader and every version.
We will provide access to tracking software via the Services for you to track delivery of goods.
Orders and Acceptance Policy
We may cancel or refuse orders based on certain conditions and pursuant to these Terms. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to cancel or refuse any order as part of this Service for any reason. To avoid double handling, your payment will not be processed until we have verified the pending order. Such situations include but are not limited to nil quantities available, inaccuracies with the pricing in this Service or fraudulent identifications. We will contact you if your order is being reviewed, refused, or cancelled or if further information is required to process the order. If your order is cancelled following processing of your payment, we will issue a credit via that payment method.
Shipping and Delivery Policy
The Fleet Office will only replace orders that are proven to be lost in transit by our courier company. The Fleet Office will not be held responsible for goods delivered and accepted by a separate third party not connected to these Terms, the Service or the Customer.
Certain factors such as order size, weight and shipping address may require us to ship via another method. The Fleet Office reserves the right to change your shipping method in these cases and will provide tracking details for the new carrier once shipped.
The delivery times provided by The Fleet Office are estimates only. The Fleet Office will not be held accountable for loss or damage relating to late deliveries and undelivered orders/items. Orders that are reported as not received/delivered despite tracking number confirmation of delivery confirmation are not eligible for replacement nor will compensation be granted unless proof of delivery failure can be provided. In the event that multiple items are ordered, separate part deliveries may be made when some of the ordered items are not available in stock or on backorder. All reasonable attempts to notify you will be made using the details you provided. By agreeing to our terms and conditions you acknowledge all information set forth under our shipping pages.
Customers have twenty-four (24) hours from receipt of goods (receipt stated as taken place pursuant to these Terms) to make any refund claims. Such refund claims will be assessed on a case-by-case basis. No refunds outside of a twenty-four (24) hour period from receipt of goods or if they have been fitted to a vehicle and activated.
We reserve the right to issue returns on a case-by-case basis. Customers have twenty-four (24) hours from receipt of goods (receipt stated as taken place pursuant to these Terms) to request a return. No returns will be considered outside of a twenty-four (24) hour period from receipt of goods or if they have been fitted to a vehicle and activated.
Customers receive a two (2) year replacement warranty. You are required to notify The Fleet Office if there is a problem with the device. A qualified fitter will be required to remove the device and have it sent for inspection. If proven to be faulty, a new replacement will be provided at no extra cost to the customer. If the device shows that it is in good working condition, the customer will be responsible for the re-installation of the device. The warranty is void if the installation or removal of the device was by a non-qualified person. The Warranty does not cover if the device has been interfered or tampered with. If the device is not waterproof, the warranty does not apply if there is water/liquid damage present.
Refer to our Warranty and Returns Policy for further information.
Change of Address Policy
Customers are required to confirm their shipping address when placing their initial order. Subsequent orders will automatically be sent to the registered address, unless an alternative address is specified at the time of ordering. The Fleet Office is unable to accommodate address change requests once an order has been placed. Please note that The Fleet Office assumes no responsibility for orders delivered to an incorrect or invalid address and is not liable for any associated loss.
This website is intended for use by individuals and companies Australia wide. This includes all states.
Limitations of Use
We are under no obligation to guarantee the products under these Terms except as stated in the terms and conditions provided herein.
We retain the ownership of all Intellectual Property rights in and to the Services or Website. This includes the business name The Fleet Office and the tag line The Fleet Office. All content that is contained within these Services are licensed to The Fleet Office and includes all areas as defined above. We grant you a limited, revocable, personal, non-transferable, non-exclusive license to use the Website or Services for Customer purposes in line with applicable laws and to print or electronically copy order summaries for the sole purpose of placing an order or for personal records for an order that has been placed with The Fleet Office. Permission to use, distribute, or reproduce any content from The Fleet Office for commercial purposes is strictly prohibited unless authorised by The Fleet Office.
You retain the ownership of all Intellectual Property rights of any content or information you submit to the Service. Nothing in these Terms transfer the Intellectual Property Rights to the Services or Website. You grant us a royalty-free, sub-licensable, transferable, irrevocable and perpetual license to use, any contributions you make to the Website in connection with our operation of the Services.
Professional Information Disclaimer
We may make certain information available provided by third parties relating to these Services. This information is provided as a guide and as entertainment purposes only and should not be interpreted as a recommendation. Use of these Services does not replace consultations with professionals. As information is constantly updated some information may be out of date from time to time. You agree that all risk associated with the use of, or reliance on, any of the information rests with you. Further you agree that we and our suppliers shall not be liable, directly or indirectly in any way for any loss or damage of any kind as a result of your use of these Services.
Filling User Forms
You confirm that User Forms are provided for your convenience, and you are solely responsibly and liable for using such forms. You can use User Forms for receiving relevant information from your employees and contractors. You shall determine the category of information received by you through such forms and you shall inform your employees and contractors in writing that you are solely responsible for determining the data and information received through such forms.
Prices and Goods
Prices displayed on our Website may be updated from time to time and may change without notice. However, at point of sale the price is fixed and will be delivered according to the terms agreed to at that point in time. Point of sale is determined when an order is processed and a receipt email notice is sent. All orders are immediately actioned at this point of sale. All prices listed are separate to handling and shipping charges. All prices are exclusive of GST.
All credit cards are charged in Australian Dollars. PayPal may also be used; in Australian Dollars. If there is an anomaly in pricing on the Website we will contact you and give you the option to accept the correct price or cancel the order pursuant to these Terms. Once we have dispatched the goods it is your responsibility to liaise with delivery and tracking systems to make a time for delivery if applicable.
It is a requirement that the devices are paid for in advance. The Fleet Office will discuss and agree the delivery and or fitting terms with the customer prior to payment. The monthly subscription will commence once the device is activated. An invoice will be issued, and the customer agrees to pay this within 7 days. The subscription invoice is sent every 30 days from the date of activation. The customer is responsible to pay for the services through bank transfer, credit card payment or direct debit. Failure to make payment will result in the customers subscription being suspended or cancelled. If you are unable to make the payment you will need to notify The Fleet Office prior to when it is due. The price of the subscription will remain fixed throughout the calendar year. You will be notified in writing of any changes.
If you are accessing our Services via a third party the prices and availability may differ. Please assess these prices and availability along with any relevant terms and conditions when considering the Services.
We strongly recommend that you have the tracking devices fitted by either one of our recommended qualified technicians, or by a qualified auto electrician. The warranty applies for only The Fleet Office-approved installers and fully qualified technicians.
The Fleet Office will provide a fitting guide to assist with all self-installed devices. The customer certifies that they have read The Fleet Office installation Guidelines document completely.
The Fleet Office is not liable for damage caused during the installation process to vehicles, individuals or to the device itself.
There is no lock in contract. However, the customer is required to provide in writing 30 days’ notice if they wish to cancel or suspend the subscription service. Until this happens, the customer is responsible for payment.
All reasonable customisations will be considered, for example bespoke alerts and reports creation however customers may incur a fee prior to work commencing if it falls outside of scope. The Fleet Office cannot guarantee correct set up or if incorrect data is produced as a result of alerts and reports that you the customer proposes.
Commission and Referral Policy
We pay a handling fee to Subcontractors who hold stock on our behalf and take payment from Customers.
Product descriptions and models on the Website may be updated from time to time. It is the Customers responsibility to ensure they are purchasing the correct product. Product dimensions, net weights and shipping weights are estimates only. We are not liable for any delays that may occur through the supply chain and any such delays beyond our control will be subject to an extension of delivery time. Where an incorrect or insufficient delivery address is used there may be an additional redelivery fee. See our Return Policy for more information.
Depending on the type of device you have purchased there may be limitations as to where the device will work. Our LMU devices work entirely on GSM Telstra Network and will not work outside of these areas, however it will store up to 1 month’s data and transmit this upon receipt of the Telstra signal. Satellite devices work in all areas with clear access to the sky. Other interruptions to the service include if the Telstra server is down, electrical failures and limitations on wireless coverage. This will limit access to the data that is outside of The Fleet Office’s control, and therefore The Fleet Office is not liable for this service disruption. It is also recommended that you install and use anti-virus and antispyware on your computer at all times as The Fleet Office cannot be held responsible for computer related problems.
Mutual No Exclusivity
These Terms do not create an exclusive relationship between the parties. We are free to engage other Customers and to advertise of the same or similar nature to those provided by you, and you shall be entitled to engage Services of others.
Changes and Variations
We may change, suspend, or discontinue any part of the Services at any time at our sole discretion and without any liability to you. We may revise, change, or modify these Terms at any time by making updated Terms available through the Website. Continued use of the Services will be deemed acceptance of the updated The Fleet Office terms and conditions.
Termination and Breach of Terms
We reserve the right to decline, suspend, or terminate your Customer registration and use of the Services, or cease the Services in its entirety, at any time for any reason, including for a breach of these Terms by you or for our own business reasons. If this occurs you will no longer be able to access some or all of the Services, as determined by us.
Where we terminate your Customer registration and use or a part of the Service for a breach of these Terms by you, we will have no liability to you. Where we terminate your Customer registration for our own business reasons, we will refund you any costs and fees which have not yet been received. To the extent permitted by law, you will not otherwise be entitled to a refund of any costs and fees. For further information see our The Fleet Office Returns Policy.
You must not use the Website or Services for any purpose not permitted or contemplated by these Terms (or otherwise not authorised by us), or which is unlawful.
To the extent permitted by law:
- you are responsible for your access to and use of the Website, including for other people’s use of the Service using your Customer name, password and/or answers to security questions (with or without your permission) not limited to products and Services;
- we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the provision of, or your access to or use of, the Website; and
- any guarantee, warranty, term or condition is implied or imposed into these Terms by legislation and cannot be excluded, then our liability for breach of that guarantee, warranty, term or condition is limited to the re-supply of the Services, or the payment of the cost of re-supplying the Services pursuant only to our The Fleet Office Returns Policy and The Fleet Office Warranty Terms.
Complaints and Disputes
If you have any concerns or complaints regarding the Services, please report it to firstname.lastname@example.org. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, the escalation is to lodge a complaint with a relevant regulator in Queensland, Australia. No third party is entitled to enforce any term under this agreement under any applicable source of contract law.
Release and Indemnity
In consideration of us (which expression shall be taken to include our servants, agents, officers and directors, successors or assignees) agreeing to permit you use of the Website and Services:
I release The Fleet Office Pty Ltd from all claims which I have, now or later against The Fleet Office Pty Ltd whether for: personal injury (including death and disability) or otherwise, and whether occasioned by:
- breach of contract;
- breach of statutory duty; or
suffered as a result of or in connection with my using the Website and Services.
I indemnify and will at all times in the future indemnify The Fleet Office Pty Ltd against all proceedings, actions, claims or demands made by any person for: personal injury (including death and disability) or otherwise, and whether occasioned by: suffered as a result of or in connection with my using the Website and Services.
We will provide the Website or Services with due care and skill but except to the fullest extent permitted by law, we do not warrant that the Website or Services will be provided without fault or disruption.
To the fullest extent permitted at law and except as expressed to the contrary these Terms, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website or Services including, but not limited to, loss or damage you might suffer as a result of:
- incorrect product listing information from other merchants;
- errors, mistakes or inaccuracies on our Services and Website;
- any unauthorised access to or use of our secure servers located in Australia;
- any bugs, viruses, or other harmful code or communications which may be transmitted to or through our Website or Services by any third party;
- you acting, or failing to act, on any information contained on or referred to on the Website or Services and/or any linked website;
- personal injury or property damage of any nature resulting from your access to, and use of, the Website or Services and any purchases made from the Website;
- any limitations stated in these The Fleet Office terms and conditions;
- any interruption or cessation of transmission to or from our Services and Website; and/or
- failures or deficiencies in relation to the merchantability or fitness for any purpose of any Service appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in these Terms, we do not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party at the Website or Services or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
Where any law implies a warranty into these Terms which may not be lawfully excluded then to the fullest extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is www.thefleetoffice.com.au with no characters before or after.
It is important that you determine prior to purchase, whether a Service is suitable for you.
Entire agreement: These The Fleet Office terms and conditions comprise the entire agreement between you and us in relation to your access to and use of the Website and Services.
Applicable law: The provision of the Services and these Terms, including all of the rights and duties of the parties arising from or relating in any way to the provision of the Services and these Terms, are governed by the laws of Queensland, and we and you each submit to the exclusive jurisdiction of those courts.
Severability: If any of these Terms are invalid, unenforceable or illegal, the remaining Terms will continue to apply.
Competitors: if you are involved with the industry and compete with The Fleet Office in any way you are deemed a Competitor. Competitors are not permitted to access these Services or Products in any way or the information associated with these Services. If a breach occurs full remedy will be sought for any loss.
Assignment: You must not assign or novate these Terms or otherwise deal with their benefit or a right under them without our prior written consent, which may be withheld at our absolute discretion. We may at any time, without notice to you, novate or assign our rights and obligations under these Terms, and to the extent necessary you hereby consent to such novation, assignment or transfer.
Waiver: No waiver of a right or remedy under these Terms is effective unless it is in writing and signed by the party granting it.