- “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.
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.
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.
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.
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.
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;
- (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.
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.
- (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.
12. NO WAIVER
13. FORCE MAJEURE
14. GOVERNING LAW
15. PARTIAL INVALIDITY
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.