These terms and conditions of use (Terms of Use) apply to your use of the declaration service (Declaration Service)provided by eDrive Solutions Limited trading as Fleetcoach (Fleetcoach).The Declaration Service is a subscription service which allows a Fleetcoach customer (Customer) who subscribes to the Declaration Service to upload the Customer’s documents and policies (Documents) to allow the Customer’s invited employee’s or contractors (Invited User) to view and accept or decline Documents electronically.
Where you are a Customer your use of, subscription to and payment for the Declaration Service will be subject to Fleetcoach’s Terms of Trade in addition to these Terms of Use.
Acceptance and amendments
By accessing and using the Declaration Service as either an Invited User or a Customer, you are agreeing to these Terms of Use. If you do not accept these Terms of Use, you must refrain from using the Declaration Service. If you are accepting these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “you” and “your” shall refer to such entity or person. If you do not have such authority you may not use the Declaration Service.
Fleetcoach reserve the right to amend these Terms of Use from time to time. Any amendments will be notified to you, if you do not accept the amended Terms of Use, you should refrain from using the Declaration Service. Your continued use of the Declaration Service following such notification will represent an agreement by you to be bound by the amended Terms of Use.
Licence
Subject to these Terms of Use, Fleetcoach grants the Customer a limited, non-exclusive, non-transferable subscription license for the subscription term to use and access the Declaration Service for its business purposes as expressly permitted in these Terms of Use. Your use and access to the Declaration Service is subject to any limitations in an applicable subscription plan as agreed with Fleetcoach.
Content of Documents
The Customer has the sole responsibility for the content of the Documents and ensuring that the Documents comply with all applicable laws. Fleetcoach does not and shall not be required to review the content of the Documents and only provides the platform for a Customer to upload Documents and for Invited Users to view and accept or decline the Documents.
You expressly acknowledge and agree that any Document or content whatsoever provided by you for uploading to the Declaration Service is not reviewed or moderated by Fleetcoach. The Customer is responsible at all times for the content of the Documents within the Declaration Service. Although Fleetcoach do not review or moderate the Documents or any other content, if Fleetcoach become aware of any unlawful, objectionable, false or misleading content then this will be removed immediately from the Declaration Service.
Access to and use of the Declaration Service
You may only access the Declaration Service if you are a Customer or an Invited User.
Should Fleetcoach provide you with access to the Declaration Service this access will be subject to limitations and permissions available to you according to whether you are an Invited User or a Customer.
You acknowledge and agree that:
- where the Customer provides the names of the Invited Users to Fleetcoach it is the Customer’s responsibility to obtain all relevant consents from the Invited User including but not limited to privacy obligations under the Privacy Act 2020;
- the provision of, access to, and use of the Declaration Service is on an “as is” basis and at your own risk; and
- the Declaration Service may be temporarily unavailable from time to time at Fleetcoach’s discretion for the purposes of maintenance, upgrading or other reasons.
You agree that you must not:
- use this Declaration Service for any purpose other than as specified in these Terms of Use and as permitted by the scope of access rights granted to you as an Invited User or a Customer;
- use the Declaration Service for any activity which infringes a third party's rights, is unlawful, or breaches these Terms of Use;
- share your login or other access details or credentials with any other person;
- knowingly provide false registration information;
- do, or attempt to do, or allow anything to be attempted or done which may disable, damage, provide unauthorised access to or otherwise interfere with the proper functioning of the Declaration Service;
- license, sublicense, sell, resell, rent, lease, transfer, assign, distribute or otherwise commercially exploit or make the Declaration Service available to any third party, other than as expressly permitted by these Terms of Use;
- modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, or hack the Declaration Service;
- upload, post, transmit, share or otherwise make available any content that is:
a. unlawful, abusive, defamatory or harassing; or
b. is false, misleading or deceptive. - use the Declaration Service in any unlawful manner, including but not limited to breaches of any person’s privacy rights;
- use the Declaration Service to knowingly transmit, post, upload, link to, send or store any viruses or any other similar harmful or malicious software, content that may be offensive, material that is in violation of any law, or content that may be offensive; or
- attempt to gain unauthorised access to any materials or data other than those that you have been provided express permission to access, or to the computer systems or networks on which the Declaration Service are hosted.
Suspension and termination of Declaration Service
Fleetcoach may terminate or suspend access to the Declaration Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Use. All provisions of the Terms of Use intended to survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability. Fleetcoach are not responsible for any damages arising from such termination, suspension or amendment. For the avoidance of doubt any licence will not survive termination.
Fleetcoach reserves the right to monitor and review your access to and use of the Declaration Service to ensure compliance with these Terms of Use. Fleetcoach may revoke or amend your access rights at any time with no refund to be provided.
Liability and indemnity
To the extent permissible by applicable law, we are not liable to you, as an Invited User or a Customer for any direct or indirect losses, costs, expenses or damages arising out of your use of the Declaration Service, the content of the Declaration Service or the Documents.
Fleetcoach do not accept responsibility for any loss, damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Declaration Service, acceptance or rejection of the Documents, or the content of the Declaration Service and Documents, nor do Fleetcoach accept any responsibility for any loss arising out of your use of or reliance on the Declaration Service or the content of the Declaration Service and Documents.
You agree to indemnify Fleetcoach, in respect of all liabilities, costs and expenses (including without limitation full costs between solicitor and client), claims or demands incurred by Fleetcoach or any third party resulting from the Documents provided by the Customer, your acceptance or rejection of the Documents as an Invited User, your breach of these Terms of Use or arising out of or incidental to your use of the Declaration Service, the content of the Declaration Service or the Documents.
The Customer agrees to indemnify and hold Fleetcoach harmless to the maximum extent permitted by law, against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses on a solicitor and own client basis) suffered or incurred by Fleetcoach arising directly out of, or in connection with, any claim in relation to the Declaration Services, the content of the Declaration Service or the content of the Documents uploaded by the Customer to the Declaration Service that infringes the intellectual property or other rights, including but not limited to the employment rights of any third party or Invited User.
No warranties
The Declaration Service is made available on an “as-is” and “as-available” basis, and Fleetcoach make no representations or warranties of any kind concerning the Declaration Service, the content of the Declaration Service, the Documents, including without limitation warranties relating to title, fitness for a particular purpose, non-infringement, absence of defects, accuracy, or the presence or absence of defects, errors or omissions.
Fleetcoach do not warrant that the content contained within the Declaration Service including the Documents is true, correct or complete nor do Fleetcoach warrant that the Declaration Service will be available, free from errors, malfunctions, or other failures.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded. The implied terms, guarantees, covenants, and conditions in the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and14(1) of the Fair Trading Act 1993, do not apply, and are excluded to the fullest extent permitted by applicable law.
Copyright
Copyright in the Declaration Service (including without limitation text, graphics, photos, logos, icons, sound recordings or video recordings) is owned or licensed by Fleetcoach. You may not without Fleetcoach’s prior written permission in any form or by any means:
- copy any of the content of the Declaration Service;
- adapt, reproduce, store, distribute, print, modify, display, perform, publish, reverse engineer, decompile, segment or create derivative works for any part of the Declaration Service; or
- use any information obtained from any part of the Declaration Service for a commercial purpose other than for the purposes of using the Declaration Service.
Trademarks
Except where otherwise specified, any word or device to which the ® symbol is attached is a registered trade mark, and any word or device to which the ™ symbol is attached is an unregistered trade mark. You are not permitted to use any of Fleetcoach’s trade marks, trade names, logo’s, devices or by-lines without Fleetcoach’s prior written consent.
Privacy Policy
You agree that you will not collect information that could be considered personal data about others without their explicit consent and/or appropriate lawful basis.
Please refer to Fleetcoach’s Privacy Policy for information on the way Fleetcoach collect, use and share personal information about you when you access and use the Declaration Service. Our Privacy Policy can be found here.
Governing Law
These Terms of Use are governed by New Zealand law and are deemed to have been made in New Zealand and except where the matter is determined by an alternative dispute resolution process is subject to the non-exclusive jurisdiction of the New Zealand Courts but on points of patent, trade mark or copyright law or procedure is to be governed by the law of the country granting the patent or trade mark registration or copyright protection.
