Terms of Service | FleetMan

These Terms of Service ("Terms") form a binding agreement between you (and the organisation you represent, the "Customer" or "Organisation") and FleetMan ("FleetMan", "we", "us") governing your access to and use of the FleetMan platform and related services (the "Service"). By creating an account or using the Service you agree to these Terms. If you do not agree, do not use the Service.

These Terms are governed by the laws of New South Wales, Australia and are subject to the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

1. Australian Consumer Law — Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to:

Cancel your subscription and receive a refund for unused portions; or
Receive compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the Service remedied if it is not of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the ACL and that cannot be excluded, restricted, or modified by agreement. These guarantees apply whether or not you have paid us anything.

2. Accounts and access

You must be at least 18 years old and have authority to bind the organisation you register.
You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
You must notify us immediately at contact.fleetman@gmail.com if you suspect unauthorised access.
One account covers one organisation. You may not share access across multiple separate legal entities without a separate written agreement.
You must provide accurate and complete information when registering, including your organisation's ABN or ACN where requested.

2.1 Your warranty as to information

You represent and warrant that all information you supply to us, on registration and at all times afterwards, is true, accurate, current, complete and not misleading, and that you will keep it up to date. This applies to your organisation's legal and trading name, its ABN or ACN, its registered and place-of-business addresses, its contact details, and the identity and authority of each person you authorise to administer the account. You must notify us promptly if any of that information ceases to be accurate.

2.2 Verification

We may verify any information you supply, at any time, including by reference to publicly available registers such as the Australian Business Register and ASIC, and we may ask you to produce reasonable supporting documentation. You must respond to a verification request within 14 days, or any longer period we reasonably allow. We are under no obligation to verify any information, and no verification we do carry out is a representation by us that the information is accurate or that your account is compliant.

2.3 Suspension for false, misleading or falsified information

We may suspend or terminate your account, any individual user's access, or both, immediately and without prior notice, where we reasonably believe that:

information you have supplied is false, inaccurate, misleading, incomplete or falsified;
you have used an ABN, ACN, business name, licence number or registration number that you are not entitled to use, or have impersonated another person or entity;
a document supplied to us has been altered, fabricated, or obtained by fraud;
you have not responded to a verification request under Section 2.2 within the period allowed;
the account is being operated by a person who is not authorised to bind the Organisation;
the account is being used to conceal the identity of the person or entity actually operating it; or
suspension is reasonably necessary to prevent fraud, to protect other users or individuals whose personal information is held in the Service, or to comply with Australian law or a direction from a regulator, court or law-enforcement agency.

Where the conduct is serious or repeated, we may terminate under Section 12 and decline to provide the Service to you, or to any entity you control, in future.

2.4 Effect of suspension, and your right to have it reviewed

We will exercise the rights in Section 2.3 reasonably and proportionately, having regard to the seriousness of the matter. Unless we are prohibited from doing so by law, or doing so would prejudice an investigation, we will notify the account administrator of the suspension and its general reason, and give you a reasonable opportunity to correct the information or respond. If you correct the matter to our reasonable satisfaction, we will restore access at no charge. If you dispute a suspension, you may raise it under Section 13.

A suspension under Section 2.3 does not:

affect your ownership of Customer Data, or your right to export it under Section 6;
discharge, reduce or alter any amount a driver owes your Organisation, or that your Organisation owes any third party — ledger and transaction records are retained;
affect your Stripe account, which you hold directly with Stripe, or any obligation you owe your own drivers or customers as described in Section 4.

Nothing in Sections 2.1 to 2.4 limits your rights under Section 1.

3. Fees and pricing

The Service is currently provided free of charge. FleetMan is in its early access period. There is no subscription fee, no per-vehicle fee, and no charge for adding drivers or mechanics. We do not require payment details to open or operate an account.

Paid plans are planned, and pricing will be announced in due course. We intend to introduce paid subscription plans in the future. When we do:

We will publish pricing and give account administrators at least 30 days' written notice before any charge applies to your account.
We will not charge you without your express agreement. Your account will not convert automatically from free to paid, and we will not take payment using details you supplied for any other purpose.
If you choose not to move to a paid plan, you may continue on any free tier we offer at that time, or terminate under Section 12 and export your data under Section 6.
All prices, when announced, will be in Australian Dollars (AUD) and will state clearly whether they are inclusive or exclusive of GST. Where GST applies, it will be charged in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and a compliant tax invoice will be issued for each payment.
Once paid plans commence, we may change pricing with at least 30 days' written notice. Price increases will not apply to a billing period already paid for.

Free access is not a permanent entitlement. We may end or change the early access period on the notice described above. Nothing in this Section limits your rights under Section 1.

4. Payments between an Organisation and its drivers

This Section is important. It describes money that moves between an Organisation and its own drivers — rent, deposits, late fees, and similar amounts. That money is not paid to FleetMan and does not pass through us.

4.1 The Organisation is the merchant

Where an Organisation enables card payments, it does so through a payment account that it opens and holds in its own name with Stripe. In respect of every such payment, the Organisation is the merchant of record. This means:

Funds settle directly into the Organisation's own bank account. FleetMan never receives, holds, or has any entitlement to them.
The Organisation's trading name — not FleetMan's — appears on the driver's card statement.
FleetMan deducts no commission, application fee, or margin from a driver's payment. The Organisation receives the full amount, less only the fees charged by Stripe under the Organisation's own agreement with Stripe.
The Organisation is responsible for refunds, chargebacks, disputed transactions, and any resulting fees or losses. It issues refunds itself, through its own Stripe dashboard, to which it has full and independent access.
The Organisation is responsible for its own tax obligations on that revenue, including GST and the issuing of tax invoices to its drivers or customers.

4.2 FleetMan is not a party to the rental relationship

FleetMan provides software for recording and administering an Organisation's arrangements with its drivers. We are not a party to any rental, hire, lease, or employment agreement between an Organisation and a driver, customer, or mechanic. Accordingly:

We are not a lender, credit provider, debt collector, or provider of any financial service or product, and we give no financial, taxation, or credit advice.
We do not decide what a driver owes. Rent amounts, grace periods, late fee amounts, deposits, and deductions are configured by the Organisation, and charges are posted at its direction.
Any rental agreement, invoice, or contract document the Service generates is produced from terms the Organisation supplies or adopts. It is the Organisation's document. We do not provide legal advice, and we do not warrant that any generated document is complete, current, or suitable for the Organisation's circumstances. Organisations should obtain their own legal advice on the terms they use.
Disputes about rent, vehicle condition, damage, deposits, or termination of a rental are between the Organisation and the individual concerned. We may provide records from the Service on lawful request, but we do not adjudicate such disputes.

4.3 Obligations of an Organisation that accepts payments

You must complete Stripe's own onboarding and identity verification, and you remain bound by Stripe's terms. Your ability to accept payments depends on Stripe, and may be restricted or withdrawn by Stripe independently of us.
You must ensure that amounts you charge are properly owed and that you have the individual's authority to charge them.
You must handle refund requests and disputes promptly and in accordance with the ACL and any other law that applies to you.
You must not use the Service to charge for anything other than your genuine fleet, rental, or related services.

Card details are entered directly into fields hosted by Stripe. FleetMan does not receive, process, or store card numbers. See our Privacy Policy, Section 6.

5. Acceptable use

You agree not to use the Service:

For any unlawful purpose or in violation of any applicable Australian or international law or regulation
To attempt to gain unauthorised access to any part of the Service or its infrastructure
To reverse-engineer, decompile, or create derivative works from the Service
To scrape, crawl, or systematically extract data from the Service without our written permission
To introduce malware, viruses, or any code that could harm the Service or other users
To resell or sublicense access to the Service without a written reseller agreement with us
To upload personal information about any individual without a lawful basis for doing so, or to use the Service to contact individuals in breach of the Spam Act 2003 (Cth) or the Do Not Call Register Act 2006 (Cth)
In any manner that could constitute misleading or deceptive conduct under the ACL or breach of the Competition and Consumer Act 2010 (Cth)

We reserve the right to suspend or terminate accounts that breach this section, consistent with our obligations under Australian law.

6. Your data

You retain ownership of all data you submit to the Service ("Customer Data"). You grant FleetMan a limited licence to host, process, and display Customer Data solely to provide the Service to you. We will not access Customer Data except to provide the Service, troubleshoot issues at your request, or as required by Australian law. On termination you may export your data within 90 days; thereafter it will be deleted in accordance with our Privacy Policy and any applicable Australian data retention requirements.

Where Customer Data includes personal information about drivers, mechanics, customers, or other individuals, you are responsible for having a lawful basis to collect it and to provide it to us, and for giving those individuals any notice required by the Privacy Act 1988 (Cth). We handle that information on your behalf and on your instructions, as described in Section 2 of our Privacy Policy.

7. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms and complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). All electronic communications we send comply with the Spam Act 2003 (Cth).

8. Intellectual property

The Service, including all software, designs, trade marks, and content created by FleetMan, is and remains the exclusive property of FleetMan. These Terms do not transfer any intellectual property rights to you. Any trade marks or registered trade marks of FleetMan may not be used without our prior written consent. Feedback or suggestions you provide may be used by us without restriction or compensation.

9. Service availability

We aim to keep the Service available at all times and will use reasonable efforts to do so. Scheduled maintenance windows will be announced with at least 48 hours' notice where practicable. While the Service is provided free of charge we do not offer a contractual uptime guarantee; a specific service level may be offered with paid plans when they are introduced. We are not liable for downtime caused by third-party providers, force majeure events, or factors outside our reasonable control. This Section does not limit your rights under Section 1.

10. Disclaimers and limitation of liability

To the maximum extent permitted by the Australian Consumer Law and other applicable Australian legislation, and subject to Section 1 (Consumer Guarantees):

The Service is provided "as is" and "as available". We make no representations or warranties, express or implied, regarding merchantability, fitness for a particular purpose, or non-infringement, except as required by the ACL.
Where the ACL applies and permits us to do so, our liability for a failure to comply with a consumer guarantee is limited, at our option, to supplying the Service again or paying the cost of having it supplied again.
Otherwise, FleetMan's total aggregate liability for any claim arising from or related to these Terms or the Service (other than a liability that cannot be limited under the ACL) shall not exceed the greater of (a) the fees you paid to us in the 12 months preceding the claim, and (b) AUD $1,000.
We are not liable for indirect, incidental, consequential, special, or punitive damages (including loss of profit, loss of revenue, or loss of data) to the extent permitted by law.
We are not liable for amounts owed between an Organisation and its drivers or customers, for a payment processor's acts or omissions, or for any chargeback, refund, or dispute arising from a payment described in Section 4.

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under Australian law, including liability for fraud, death, or personal injury caused by our negligence.

11. Indemnification

You agree to indemnify and hold harmless FleetMan and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service in breach of these Terms, your breach of any applicable law, your breach of Section 4 or Section 6, or your violation of any third-party rights. This indemnification obligation does not apply to the extent that any loss arises from our own negligence, our breach of these Terms, or our breach of the ACL.

12. Termination

Either party may terminate these Terms at any time. You may close your account via account settings or by contacting us. We may suspend or terminate your account immediately for material breach, or to comply with Australian legal obligations; where the reason is not a material breach we will give you reasonable prior notice and an opportunity to export your data. Once paid plans are in effect, cancellation takes effect at the end of the current billing period, and where we terminate for convenience rather than breach we will provide a pro-rata refund for the unused portion of any prepaid period. Termination of your FleetMan account does not affect your Stripe account, which you hold directly with Stripe. Sections 4.2, 6, 8, 10, 11, and 14 survive termination.

13. Complaints and dispute resolution

We are committed to resolving disputes fairly and promptly. If you have a complaint:

Contact us first at contact.fleetman@gmail.com. We will acknowledge your complaint within 5 business days and provide a substantive response within 30 days.
If the matter is not resolved, you may refer it to an appropriate Australian dispute resolution body, including the Australian Competition and Consumer Commission (ACCC) for consumer-related matters or your relevant state consumer protection agency.
If the dispute cannot be resolved through the above steps, either party may refer the matter to mediation or arbitration by mutual agreement, before commencing court proceedings. Nothing in this Section prevents either party from seeking urgent interlocutory relief, or from commencing proceedings in a court or tribunal that has jurisdiction.

14. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia, including without limitation the Competition and Consumer Act 2010 (Cth) and the Privacy Act 1988 (Cth). Any dispute that cannot be resolved informally or through dispute resolution under Section 13 shall be submitted to the non-exclusive jurisdiction of the courts of New South Wales. Nothing in this Section limits any right you have to bring proceedings in another Australian court or tribunal that has jurisdiction.

15. Changes to these Terms

We may update these Terms from time to time. Material changes (including changes to pricing, liability, or your rights) will be communicated to account administrators by email at least 30 days before taking effect. Non-material changes (such as typographical corrections) may take effect immediately. Continued use of the Service after the effective date constitutes acceptance. If you do not accept the changes, you may terminate your account and, where you have prepaid for a period, receive a pro-rata refund for any unused portion.

16. General

Entire agreement: These Terms (together with our Privacy Policy) constitute the entire agreement between you and FleetMan regarding the Service and supersede any prior agreements.
Severability: If any provision of these Terms is found to be unenforceable under Australian law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed; the remaining provisions continue in full force.
Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations with 30 days' written notice to you.
Force majeure: Neither party is liable for any delay or failure to perform obligations due to events beyond their reasonable control.
Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and FleetMan.

17. Contact

Questions about these Terms or our services? contact.fleetman@gmail.com