FITFLEET CUSTOMER PORTAL - TERMS OF USE
BACKGROUND
The FitFleet customer portal (“Portal”) is provided by WesTrac Pty Ltd ("We/Us"). The use of and access to the Portal by the user (“You”) is governed by these terms and conditions.
1. THE FITFLEET PORTAL
- (a) The FitFleet Customer Portal is the service provided to by Us to You to enable You to digitally access certain elements of our customer account information and data.
2. ACCESS
- (a) To access the Portal, You must register an account with Us by providing the required information as set out in the online registration form.
- (b) By completing the online registration form and accessing the Portal, You agree to be bound by these terms and conditions.
3. ACCURACY OF INFORMATION
- (a) You must ensure that all information (including account information) You provide Us is accurate at all times, and You acknowledge that We will rely on that information unless We receive notice from You of any change or update to that information.
- (b) You agree that, to the extent permitted by law, We will not be liable for any losses or liabilities arising out of or in connection with any incorrect information provided by You, and You indemnify Us against all claims losses or liabilities arising out of or in connection with our use of that information.
- (c) Whilst We have taken reasonable care in preparing and maintaining information accessible by You through the Portal, without limiting clause 10, We do not warrant the accuracy, adequacy or completeness of any such information. The use by You of, or your reliance on, any of the information provided through the Portal is entirely at Your own risk and You acknowledge and accept that any information You obtain through the Portal
4. ACCOUNT AND SECURITY
- (a) You agree that your customer account number, username and password (“Login Credentials”) must be kept secure and not be disclosed to other parties
- (b) You must not permit or authorise another person to access or use the Portal (or its data) using your Login Credentials
- (c) You agree that You are fully responsible for all user activities that occur on the Portal using your Login Credentials.
- (d) If You are concerned or become aware that your Login Credentials have been compromised or there has been unauthorised use of your portal account and login details, You must inform Us immediately.
- (e) In the event We determine that your account appears to be inactive, an account validation email will be sent by Us to the email registered to the account. Should account validation not occur in accordance with the directions provided in the validation
5. LINKS TO OTHER SITES
- (a) The Portal may contain links to other sites maintained by third parties and may on occasion display content from other sites within frames on the Portal. We do not make any representation as to the accuracy or suitability of any of the information contained on those other sites, and do not accept any responsibility or liability for the conduct or content of those other sites.
6. COOKIES
- (a) The Portal uses "cookies" which are used to improve the experience that You and other users have when using the Portal such as remembering your preferred settings for the next time You visit.
- (b) If You do not wish to allow cookies to be used, then You may decline the cookies by appropriately configuring your browser and computer. If You do elect to decline cookies, You may not be able to fully experience the features of the Portal.
7. INTELLECTUAL PROPERTY
- (a) Unless expressly stated otherwise, intellectual property (including copyright) in all information, data, images, logos and trademarks contained in the Portal, invoices and communications is owned by or licensed to Us and all rights are reserved.
- (b) Except as permitted by Us or under applicable laws, You must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any content or materials accessed through the Portal without our prior written consent.
- (c) You must not use any trademarks, service marks or logos which appear or are used on the Portal, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
8. MALICIOUS SOFTWARE
- (a) We do not warrant that any data (including any file) obtained through the Portal is free from computer viruses, other malicious software, faults or defects. Itis your responsibility to ensure that the Portal does not expose You to the risk of viruses, malicious computer code or other forms of interference. To the extent permissible by law, We disclaim all liability for any loss or damage caused (whether negligently or otherwise) by any software transmitted by the Portal and You waive any right to make such a claim for loss or damage.
9. PORTAL AVAILABILITY
- (a) We do not represent, warrant or guarantee the accessibility or availability of the Portal, or that access to and use of the Portal will be uninterrupted,
secure or error free.
- (b) We are not obliged to continue to operate any or all of the Portal. We may, at any time and for any reason (including no reason), modify or cease to make the Portal (or part of it) available without any liability on our part, and We may cancel or suspend your access to or use of the Portal at any time.
10. EXCLUSIONS AND LIMITATIONS OF AVAILABILITY
- (a) Subject to clause 10 (b) to the fullest extent permitted by law, in no event will We or any of our employees, contractors, representatives or agents be liable for, and You release Us from any liability for, any direct or indirect loss (including, without limitation, any losses in the nature of consequential losses, lost profits, loss of revenue, loss of management time, opportunity costs, special damages or loss of business profits or loss of data), damage, claim, expense, cost or other liability (whether as a result of negligence or otherwise) arising in connection with:
- (i) Your use of the Portal;
- (ii) Your reliance on information (including any action taken by You in connection with the information);
- (iii) Inaccuracy or incompleteness of any information;
- (iv) Temporary or permanent unavailability of the Portal or any goods or services advertised on it;
- (v) Defects in, or problems with, any computer system or communication link (including delays in electronic communication); or
- (vi) Any computer virus or other program device which could damage or interfere with data, hardware or software.
- (b) To the fullest extent permitted by law, including the Australian Consumer Law or other applicable laws:
- (i) all conditions, warranties and guarantees concerning the Portal, information and any relevant services (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded; and
- (ii) In the event that our liability cannot be excluded, the liability of Us to You is limited to either of the following as nominated by Us in our discretion, which You agree is your only remedy:
- A. Supply of the information provided through the Portal again; or
- B. Payment of the cost of having the information provided through the Portal supplied again.
11. PRIVACY
- (a) You acknowledge, accept and agree:
- (b) That We may obtain and use Personal Information and disclose to our related entities and if required Caterpillar Inc (USA) and its related entities; and
- (c) That without using such information We may be unable to make the Portal available to You.
12. COMPLAINTS
- (a) If you have a complaint in relation to the Portal, You may let Us know by calling 1300 881 064 or through our online contact us form (www.westrac.com.au/contact).
13. MISCELLANEOUS
- (a) You must comply with all applicable laws, regulations, and codes in relation to your access to, and use of, the Portal including those laws that apply outside of Australia if You are accessing the Portal from outside of Australia.
- (b) Any of our rights under these terms of use may only be waived by Us in writing. Any failure by Us to exercise or enforce any rights or any provision of these terms of use will not constitute a waiver of such right or provision.
- (c) If any provision of these terms of use is held void, unenforceable or illegal, that provision will be severed, and the rest of these terms of use will continue to have full force and effect.
- (d) The only terms of use which are binding on Us in relation to your use of the Portal are:
- (i) those set out in or expressly incorporated by these terms of use; and
- (ii) those which are imposed by law, and which may not be lawfully excluded
- (e) Headings in these terms of use are for convenience only and have no effect in limiting or extending the language of the provisions to which they refer.
- (f) The singular includes the plural and vice versa
- (g) We may amend these terms of use time to time without notice to You.
- (h) These terms of use are governed by, and are to be construed in accordance with, the laws in force in Australia, and You irrevocably and unconditionally submit to the exclusive jurisdiction of the Australian courts.
