Terms of Service – FleetMan

These Terms of Service ("Terms") form a binding agreement between you (and the organisation you represent, the "Customer") 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.

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 subscription 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.

3. Subscription and payment

Subscriptions are billed monthly or annually in advance according to the plan you select.
All prices are in Australian Dollars (AUD) and are inclusive of GST (Goods and Services Tax) unless expressly stated otherwise. GST is charged in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Tax invoices (as required under the GST Act) will be issued for all subscription payments.
Failure to pay may result in suspension of your account after a 7-day grace period with written notice to your registered email address.
Refunds: Where the ACL applies, refunds will be provided for major service failures as described in Section 1. For other cases, annual subscriptions may be refunded on a pro-rata basis within 14 days of purchase at our discretion. Monthly subscriptions are non-refundable once the billing period has commenced, except as required by the ACL.
We reserve the right to change pricing with at least 30 days' written notice to account administrators. Price increases do not apply to the current billing period.

4. 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
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.

5. 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.

6. 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).

7. 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.

8. Service availability

We aim for 99.9% monthly uptime on paid plans. Scheduled maintenance windows will be announced with at least 48 hours' notice where practicable. We are not liable for downtime caused by third-party providers, force majeure events, or factors outside our reasonable control. Planned downtime will not be counted against any uptime commitments.

9. 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.
FleetMan's total 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 fees you paid to us in the 12 months preceding the claim.
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.

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.

10. 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, 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 or breach of the ACL.

11. Termination

Either party may terminate these Terms at any time. You may cancel your subscription via account settings or by contacting us; cancellation takes effect at the end of the current billing period. We may suspend or terminate your account immediately for material breach, non-payment (after notice), or to comply with Australian legal obligations. Where we terminate for convenience rather than breach, we will provide a pro-rata refund for the unused portion of your subscription. Sections 5, 7, 9, 10, and 13 survive termination.

12. 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 binding arbitration by mutual agreement, before commencing court proceedings.

13. 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 12 shall be submitted to the exclusive jurisdiction of the courts of New South Wales. You waive any objection to such jurisdiction or venue.

14. 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, as required by Australian consumer law. 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 subscription and receive a pro-rata refund for any unused prepaid period.

15. 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.

16. Contact

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