Acceptance and amendments
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:
- 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;
- 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
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.
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.
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.
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.
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.
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.