Terms of Use

Updated 30/09/2016

  1. ​ACCEPTANCE OF TERMS OF USE

    These Terms of Use apply to the use of the Website and the Services. In using any part of the Website (whether as a member of the public, a Customer or an Invited User) or using the Services You agree to be bound by these Terms of Use. If You do not accept these Terms of Use, You must refrain from using the Website and the Services.

  2. AMENDMENTS

    Fleetcoach reserves the right to make changes to these Terms of Use at any time, with the changes being effective immediately when available on the Website.  Your continued use of the Website following such publication will represent an agreement by You to be bound by the amended Terms of Use. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms of Use on the Website and therefore You are advised to revisit these Terms of Use regularly.

  3. TERMINOLOGY

    In these Terms of Use, the following terms will have the following meanings:

    “Customer” means the person or entity who registers with Fleetcoach using the registration process determined by Fleetcoach from time to time to use the Services or to enable Invited Users to use the Services.

    “Fleetcoach” means eDrive Solutions Ltd (trading as Fleetcoach) and all current and future related companies of eDrive Solutions Limited (as defined in the New Zealand Companies Act 1993 and the Corporations Act 2001) and all other current or future related or associated bodies corporate registered outside of New Zealand and Australia.

    “Invited User” means any person that accesses and/or uses the Services with the express authorisation of a Customer.

    “Personal Information” means information that can identify an individual person.

    “Services” means the services provided on the Website from time to time, including (without limitation) all online driver training solutions, courses, programmes and assessments.

    “Website” means the internet sites (together and each of them separately) attached to the domains www.fleetcoach.com, www.fleetcoach.net, au.fleetcoach.net, testdrive.fleetcoach.net and testdriveau.fleetcoach.net or any other site operated by Fleetcoach from time to time.

    “You” means the person using the Website, whether or not You are a Customer or an Invited User. “Your” has the corresponding meaning.

  4. DISCLAIMER

    The information available on or through the Website is intended to provide general information and all reasonable measures have been taken to ensure the quality and accuracy of that information. Fleetcoach:

    (a) may change, delete, add to, or otherwise amend information contained on the Website without notice;

    (b) is not responsible for the content of other websites linked to or referenced from the Website; and

    (c) neither endorses the information, content, presentation, or accuracy of such other websites, nor makes any warranty, express or implied, regarding these other websites.

    Reference to any specific third party commercial product, process, or service whether by trade name, trademark, manufacture, or otherwise does not constitute an endorsement or recommendation by Fleetcoach unless otherwise stated.

    The Website may also contain advice, opinions and statements of various third party information providers.  Fleetcoach does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any third party information provider, any other user of the Website or any other person or entity whatsoever. Reliance upon any such advice, opinion, statement, or other information shall be at Your own risk.

    Each page on the Website must be read in conjunction with these Terms of Use and any other terms, conditions or disclaimers that form part of the page or Website.

    Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Fleetcoach will use reasonable endeavours to protect such information, Fleetcoach does not warrant and cannot ensure the security of any information which You transmit to Fleetcoach. Accordingly, any information that is transmitted to Fleetcoach is transmitted at Your own risk. Nevertheless, once Fleetcoach receives Your transmission, Fleetcoach will use reasonable endeavours to preserve the security of such information.

    You must take Your own precautions to ensure that the process which You employ for accessing the Website and using the Services does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your own computer system.

  5. LIMITATION OF LIABILITY

    Fleetcoach does not accept any responsibility or liability whatsoever whether in contract, tort, equity or otherwise for any loss or damage, however caused which:

    (a) You may directly or indirectly suffer in connection with Your use of the Website or any linked website;

    (b) arises from any action taken by You as a result of reading and/or relying on any information contained on the Website;

    (c) arises as a result of any error, inadequacy, deficiency, flaw in or omission from the information provided in the Website; and/or

    (d) arises from Your misuse of the Website or the Services.

    If You suffer any loss or damage as a result of Fleetcoach’s failure to comply with these Terms of Use, then any claim by You against Fleetcoach will be limited in respect of any one incident, or series of connected incidents, to the fees paid by You or on Your behalf for Your use of the Services in the previous 12 months (if any).

    The contents of the Website should not be construed as legal advice. Before acting on any information You should take specific advice from an independent qualified professional.

    To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty which prohibits Fleetcoach from excluding or modifying the application of, or Fleetcoach’s liability under, any such condition or warranty, that condition or warranty will be deemed included to the minimum extent required by law, but, to the extent permitted by applicable law. Fleetcoach’s liability will be limited for a breach of that condition or warranty to supplying of the Services again or refunding the fees payable for the Services.

    If Your use of the Services is for a business purpose, then You agree that the statutory guarantees and implied terms, covenants and conditions contained in the New Zealand Consumer Guarantees Act 1993 and in the Australian Competition and Consumer Act 2010 are excluded by mutual agreement and do not apply.

    For the avoidance of doubt, these Terms of Use do not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.

  6. ACCESS TO AND USE OF THE SERVICES

    You may only use the Services if You are a Customer or an Invited User.

    Should Fleetcoach provide You with access to the Services this will be on a non-exclusive and non-transferrable basis. This access will be subject to limitations placed on the particular user roles available to You according to Your account and Your Invited User level of access.

    You acknowledge that the use of the Services requires a high speed Internet connection.  It is Your responsibility to procure and maintain the network connections that connect Your network to the Services This includes, but is not limited to, browser software that supports protocols used by Fleetcoach, including Secure Socket Layer (SSL) protocol and HTML5, or other protocols accepted by Fleetcoach.

    You acknowledge and agree that:

    (a) the Customer, with the consent of Fleetcoach, determines who is an Invited User and the Invited User’s level of access;

    (b) the Customer is responsible and liable for all Invited Users’ use of the Service;

    (c) the Customer controls each Invited User’s access and may change or revoke that access at any time for any reason;

    (d) the provision of, access to, and the use of, the Services is on an “as is” basis and is at Your own risk;

    (e) Fleetcoach does not warrant that the Services will be error free or uninterrupted;

    (f) the Services should not be used as a substitute for hands-on driving experience; and

    (g) the Website and/or the Services may be temporarily unavailable from time to time at Fleetcoach’s discretion for the purposes of maintenance, upgrading or other reasons.

    You agree not to:

    (a) share Your login or other access details or credentials with any other person;

    (c) do, or to 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 Website, or the Services;

    (d) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Website or the Services available to any third party, other than in the continuance of Your internal business purposes as expressly permitted by these Terms of Use;

    (b) modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, or hack the Website or the;

    (c) use the Website or the Services in any unlawful manner, including but not limited to violation of any person’s privacy rights;

    (d) use the Website or the Services to knowingly transmit, post, upload, link to, send or store any viruses or any other similar harmful software, content that may be offensive, material that is in violation of any law, or content that may be offensive; or

    (e) 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 on which the Website or the Services are hosted.

    We may cease to provide the Services or otherwise exclude You from the Website if You breach these Terms of Use.

    You acknowledge and agree that all proprietary rights and interests in any information, results or data collected by Fleetcoach in the course of Your use of this Website or the Services will be owned by Fleetcoach. Subject to your right to access and correct personal information under the Privacy Act 1993 and the Privacy Act 1988, You have no proprietary right in any such information.

  7. PRIVACY

    It is Your obligation to read the Fleetcoach Privacy Policy to understand the obligations with regards to personal information.  You will be taken to have read and accepted that policy when You accept these Terms of Use.

  8. INDEMNITY

    You agree to indemnify and keep indemnified, Fleetcoach from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands arising out of or in connection with Your failure to comply with these Terms of Use.

  9. COPYRIGHT

    Copyright in the Website and the Services (including text, graphics, photos, logos, icons, sound recordings or video recordings) is owned or licensed by Fleetcoach. Other than for the purposes of, and subject to the conditions prescribed under the New Zealand Copyright Act 1994 and the Australian Copyright Act 1968 and similar legislation which applies in Your location, and except as expressly authorised by these Terms of Use or in any other written agreement between You and Fleetcoach, You may not without Fleetcoach’s prior written permission in any form or by any means:

    (a) copy any of the Website or Services content, except for the sole purpose of viewing the Website or using the Services;

    (b) adapt, reproduce, store, distribute, print, modify, display, perform, publish, reverse engineer, decompile, segment or create derivative works for any part of this Website or the Services; or

    (c) use any information obtained from any part of the Website or the Services for a commercial purpose other than for the purposes of using the Services.

  10. TRADE MARKS

    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.

  11. TERMINATION

    Fleetcoach at its complete discretion has the right to either temporarily suspend or terminate Your access to this Website or the Services at any time without notice. Termination of these Terms of Use for any reason will not affect such rights and obligations of the parties as are intended to survive termination.

  12. NO WAIVER

    A party will not have waived or be deemed to have waived any provision of these Terms of Use unless such waiver is in writing and executed by that party.

  13. FORCE MAJEURE

    No failure or omission by Fleetcoach to carry out or observe any of the terms of these Terms of Use will give rise to any claim against Fleetcoach or be deemed a breach of these Term of Trade, if such failure or omission arises from any cause reasonably beyond the control of Fleetcoach. For the avoidance of doubt but without limitation, unavailability of staff or contractors with the requisite skills shall be a cause reasonably beyond the control of Fleetcoach.

  14. 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.

  15. PARTIAL INVALIDITY

    If any provision of these Terms of Use is found to be illegal, invalid or unenforceable, that provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation.  If it cannot be so read down, that provision will be void and severable and the remaining provisions will not in any way be affected or impaired.

  16. INTELLECTUAL PROPERTY RIGHTS

    Fleetcoach owns all proprietary and intellectual property rights in the Website and Services. Without prior written permission, You may not, use any part of this website to reproduce, copy, distribute, print, display, perform, publish or onsell.

Fleetcoach is a registered trademark of eDrive Solutions Limited and may not be used without permission.