Terms & Conditions

 Terms & Conditions Agreement Governing the Sale and Use of Fleet Management Solutions Pty Ltd as Trustee for FleetMS Trust (FleetMS) Products and Services (“Agreement”)  

This is an Agreement between FleetMS and the Customer.   

• All FleetMS Products and Services supplied to the Customer are supplied pursuant to the terms and conditions set out in this Agreement.   

• By accessing or using the Website or any FleetMS Product or Service, the Customer agrees to be bound by the terms and conditions of this Agreement and any other relevant policies published on the Website.   

• Nothing in this Agreement constitutes a transfer of any intellectual property rights. The Customer acknowledges and agrees that FleetMS or its licensors or third-party suppliers own all applicable intellectual property rights in the FleetMS Products or Services and any associated Software or Mapping Data.   

Ordering of Products   

• FleetMS’s products may be ordered via email contact with sales@FleetMS.com.au   

• Each order by you is an offer to purchase Products and/or Services and if accepted by FleetMS will be subject to this Agreement and the policies published on the Website.   

• FleetMS Products and Services   

• FleetMS through its products offers voice communications, tracking, location and monitoring units for installation in vehicles and other assets. The Products are designed to work with software hosted as a Service by FleetMS that enables the Customer to view and locate, track and monitor the tracking unit via the Vodafone/Telstra/Optus network using 3G/4G and GPS within the Coverage Area.   

The Customer acknowledges that:   

• Due to intermittent nature of internet and mobile networks, the Service may be temporarily unavailable from time to time;  

• 3G/4G data transmissions may be delayed or not delivered from time to time;  

• There may be location errors due to the GPS data or typographical errors in the Mapping Data used;  

• The operation of the Service is dependent on the tracking/radio unit having access to the 3G/4G network and a valid GPS signal. If the tracking unit is in a location where it cannot get coverage from the network or a GPS signal, then the service will not be able to locate the unit until such time as it moves into an area with network coverage or capable of receiving such signal;   

• FleetMS is not liable if any GPS or GSM signal blockers/jammers prevent communicating/reporting from installed trackers;  

• FleetMS warrants that the Equipment supplied in connection with the Services will be free from defects in materials and workmanship for the duration of the Service Term (12 months warranty on hardware). If the Equipment is defective within the Warranty Period, FleetMS will repair or replace them within a reasonable period using components or replacements that are new, or equivalent to new in accordance with industry standards and practice. The Customer shall allow FleetMS reasonable access to any relevant Vehicle to effect such repairs or replacements. Customer will, at its sole expense and at all times during the Service Term, maintain and preserve Equipment in good operating order, repair, condition, appearance, with ordinary wear and tear excepted. Customer shall be responsible for replacing any batteries required to operate the Equipment.   

• FleetMS is not liable for any loss or damage of an item being GPS Tracked as in vehicles/trailers or other assets, due to, but not limited to, the details listed above and the nature of radio signals.   

• Installation and Use of the Products and Services the Products and Services are intended for use within Australia. The Customer must use the Products and Services strictly in accordance with any instructions provided by FleetMS as to use, the Privacy Act and all other applicable Commonwealth or State law, Acts or regulations. The Customer must also ensure that all other persons using the Products and Services operate in accordance with the Privacy Act and any other applicable Commonwealth or State law, Act or Regulation and any instructions provided by FleetMS as to use. The Customer and those parties it allows to use the Product and Services have the sole responsibility to obtain any necessary consent from the users of those devices or assets or vehicles where the Product is installed and must not use the Product or Service to illegally track or monitor any person without consent. To the extent permitted by law, any liability that may arise from the use or operation of Products and Services in breach of the terms of the Privacy Act or any Commonwealth or State law, Act or regulation, or contrary to any instructions provided by FleetMS as to use, remains the sole responsibility of the Customer and the Customer agrees to indemnify FleetMS for any loss or damage it may suffer as a result of a breach of this clause.   

• FleetMS will in no way be liable for any loss or damage caused by a third-party installer or repairer in the course of installing or repairing the Products. The Customer’s rights for such damage lie against the third-party installer or repairer and the customer fully indemnifies FleetMS in relation thereto.   

• In order to obtain this full functionality, the Customer must arrange for the installation of the Product, the product will be supplied active with login details in return for a Hosting Fee payable by the Customer to FleetMS as part of the registration and activation process, FleetMS will provide the Customer with access to software which enables the Customer to locate, track and monitor their Products.   

• The Customer acknowledges and agrees that where the Hosting Fee is not paid within (14) fourteen days of the due date, FleetMS will have no further obligation or responsibility to provide the Services.   

• The Customer acknowledges and agrees that FleetMS does not carry out any location, tracking or monitoring of the Products and the only Service provided is to host software with the functionality to enable the Customer to undertake location, tracking and monitoring of the Product themselves.   

• FleetMS may suspend the use of the Service or the Customer’s access to location, tracking or monitoring information via the Product at any time without notice if:   

(i) The FleetMS system hosting the Service requires maintenance or upgrading; or   

(ii) We have a reasonable belief that the Product or Service is being used unlawfully or contrary to any Act, law or regulation; or   

(iii) As a result of an event outside our reasonable control.