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Website terms and conditions of use

1. About the website

This website is operated by Fleetcare Pty Ltd ABN 34 009 243 627 (Fleetcare). The terms covering the access to and the use of this website are set out in the Terms and Conditions of use. Please read these Terms and Conditions (the Terms) carefully. By using, browsing and / or reading the website, this signifies you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website or any service immediately.

Through this website and in accessing the services provided by Fleetcare you may also accept the Terms by clicking to accept or agree to the Terms where this option is given to you in service portals.

2. Services

As a user of the services, you agree to comply with the following:

  • You will use the services only for the purposes they are permitted under the Terms and any applicable law, regulation or generally accepted practice;
  • You have the sole responsibility for protecting the confidentiality of your password and / or email address;
  • You will not use the services or Website in connection with any commercial endeavour, except for those approved in writing by Fleetcare; and
  • You will not use the services or website for any illegal and or unauthorised use.

3. Intellectual property

This website contains proprietary information and trademarks of Fleetcare. As such the website and its contents are protected by laws associated with copyright and confidentiality. The use of the website in a fashion it was not intended or reproduction of the website or content without prior written consent is prohibited.

Fleetcare retains all rights, title and interest in the website and its content. Nothing you do on or in relation to the website will transfer any business name, domain name, trade mark, registered design or copyright.

4. Privacy

Fleetcare takes your privacy seriously and any information provided through your use of the website and or services are subject Fleetcare’s Privacy Policy which is available on the website.

You acknowledge that your use of the website indicates your acceptance of Fleetcare’s Privacy Policy.

Fleetcare reserves the right to modify the Privacy Policy from time to time on the website.

5. Limitation of liability

Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law.

Subject to clause 5.1 Fleetcare will not be liable for special, incidental, consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from failure to meet an applicable consumer guarantee).

Fleetcare will not be liable for loss of profit or opportunity, or damage to goodwill arising out of or in connection with the use of the website, services or these Terms (including as a result of note being able to use the services, or the late supply of services, whether at common law, under contract or tort (including negligence).

Access to and the use of this website including the content is at the user’s own risk. Fleetcare does not warrant the use of this website or content will not cause damage to any property including but not limited to loss of data, computer virus infection, or other software damage.

Use of the website is at your own risk, everything on the website is provided to you “as is” without warranty or condition of any kind. None of the affiliates, Directors or officers of Fleetcare make any express or implied representation or warranty about the content or services referred to on the website.

You agree to indemnify Fleetcare, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the website;
  • Any direct or indirect consequences of you accessing, using or transacting on the website, or attempting to do so; and / or
  • Any breach of the Terms.

6. Termination

These Terms and your acceptance of them may be terminated at any time by Fleetcare without notice. All restrictions, disclaimers and limitations of liability by Fleetcare will survive termination, however you will no longer be able to access the Fleetcare website.

7. Applicable Law

The Terms of use of this website are governed by the laws of Western Australia and any dispute regarding this website shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.

8. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.