1.1 Overview
This Agreement (“Agreement”) is a legally binding contract between you (“Driver” or “You”) and Golden Deer Solutions Pty Ltd, trading as Fleetree, ACN 653 825 382, (“Fleetree,” “We,” “Us,” or “Our”), a company registered in Australia. This Agreement governs your use of Fleetree’s online platform, mobile application, web-portal and services (collectively, the “Platform”).
1.2 Purpose
The purpose of this Agreement is to outline the terms and conditions, roles, responsibilities, and obligations of both Fleetree and the Drivers under which Fleetree provides the Platform to enable drivers to rent vehicles from vendors for personal or commercial use.
1.3 Definitions
2.1 Agreement Acceptance
By registering for an account on the Fleetree Platform, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree with these terms, you must not use the Fleetree Platform.
2.2 Modifications to the Agreement
Fleetree reserves the right to modify or amend this Agreement at any time. Any changes will be posted on the Fleetree Platform and, where appropriate, notified to you by email. Your continued use of the Platform after such modifications will constitute your acceptance of the new terms.
2.3 Electronic Acceptance
Your electronic acceptance of this Agreement, either by clicking on the “I Agree” button during the registration process, clicking on checkboxes, or through other electronic means, as well as by otherwise using the Fleetree Platform, shall have the same legal effect as if you had physically signed this Agreement.
2.4 Entire Agreement
This Agreement, along with any other policies or guidelines referenced herein, represents the entire understanding between Fleetree and you and supersedes any other agreements or understandings (oral or written) between you and Fleetree.
3.1 Fleetree
Fleetree, also known as Golden Deer Solutions Pty Ltd, is a company registered in Australia. Fleetree operates an online platform that facilitates the rental of vehicles between Vendors and Drivers. Fleetree is responsible for the management, maintenance, and operation of the Platform.
3.2 Vendors
Vendors are individuals or entities that list vehicles for rent on the Fleetree Platform. They are responsible for the condition, availability, and legality of the vehicles they list. Vendors are not employees, agents, or representatives of Fleetree.
3.3 Drivers
Drivers are individuals who have registered on the Fleetree Platform to rent vehicles from Vendors for personal or commercial use. Drivers are responsible for complying with all terms and conditions set forth in this Agreement and any additional agreements they may enter into with Vendors.
3.4 Third-Party Service Providers
Third-Party Service Providers include, but are not limited to, payment gateways and Driver Verification Services (DVS). These external companies or individuals may be engaged by Fleetree to provide specific services that facilitate the operation of the Platform. Fleetree is not responsible for the actions or omissions of these Third-Party Service Providers.
3.5 Agreement Binding on Related Parties
This Agreement is binding on all parties involved, including Fleetree, Vendors, Drivers, and Third-Party Service Providers.
4.1 Membership Application Process
To apply for membership, you must complete the online application form available on the Fleetree website or mobile application. By submitting your application, you agree to the following:
a) You meet the eligibility requirements as outlined in Section V (Member Eligibility Criteria) of this Agreement.
b) You consent to Fleetree or its third-party payment processor communicating with a credit reporting agency for the purpose of providing credit to you for the use of the Service, as described in Schedule 1.
4.2 Notification of Changes in Eligibility
You are obligated to inform Fleetree immediately if you no longer meet any of the eligibility requirements.
4.3 Discretionary Acceptance or Rejection of Membership
Fleetree reserves the right to accept or reject any membership application at its sole discretion.
4.4 Accuracy of Information
You warrant that all information provided by you to Fleetree in your Membership Application or at any time while you are a Member, including but not limited to your name, address, email address, and information about your Driving History or credit record, is true and correct. You must ensure that all information provided by you is current and up to date.
4.5 Identity Verification
You permit Fleetree and its Affiliates to verify your identity, including using the Document Verification Service (‘DVS’) to confirm that the personal information you provide in your identity documents matches the information held by the agency that issued that document. The use of DVS may involve third-party systems and services.
4.6 Indemnification for Incorrect Information
You agree to indemnify Fleetree and its affiliates against any claims or losses arising from incorrect or misleading information provided by you, whether intentionally or otherwise.
4.7 Corporate Memberships
If you are agreeing to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. In such cases, “you” and “your” will refer to that entity.
4.8 Agreement Applicability
This Section 4 and Section 5 (Member Eligibility Criteria) become applicable from the time you submit your membership application. The remainder of this Agreement becomes applicable upon Fleetree notifying you of the acceptance of your membership application.
5.1 General Criteria for All Drivers
All drivers must meet the following general criteria to be eligible for membership:
a) Be at least 18 years of age.
b) Possess a valid email address and mobile phone number.
c) Agree to all terms and conditions outlined in this Agreement.
d) Successfully complete the Fleetree identity verification process.
5.2 Specific Criteria for Drivers
In addition to the general criteria, drivers must also:
a) Possess a valid driving license.
b) Have a clean driving record, free of any major traffic violations for the past three years.
c) Agree to undergo periodic driving record checks.
d) Maintain personal auto insurance that meets or exceeds the minimum requirements set by law.
e) Not have been convicted of, or have any pending convictions for, a criminal offence in any jurisdiction.
f) Hold a full unrestricted driver’s licence.
5.3 Right to Update Criteria
Fleetree reserves the right to update or modify the Driver Eligibility Criteria at any time. Existing drivers may be required to meet any new criteria to continue using the service.
5.4 Disqualification
Failure to meet any of the above criteria may result in the rejection of your Membership Application or the termination of your existing membership.
6.1 Incorporation of Policies
By agreeing to this Driver Agreement, you also agree to comply with all of Fleetree’s policies, including but not limited to:
a) Privacy Policy
b) Payment Policy
c) Vehicle Usage Policy
d) Data Security Policy
e) Dispute Resolution Policy
These policies are incorporated by reference and form an integral part of this Agreement. Failure to comply with any of these policies may result in termination of your membership.
6.2 Notification of Changes
Fleetree reserves the right to modify or amend this Agreement and any of its policies at any time. Drivers will be notified of any changes through:
a) Email notifications
b) Updates on the Fleetree platform
c) SMS alerts
6.3 Effective Date of Changes
Changes to this Agreement or any incorporated policies will become effective immediately upon notification, unless otherwise specified. Continued use of the Fleetree platform after such changes constitutes your acceptance of the new terms.
6.4 Member’s Responsibility
It is the driver’s responsibility to regularly review this Agreement and all incorporated policies. Ignorance of any changes will not serve as a basis for non-compliance.
6.5 Severability of Policies
If any policy or portion of a policy is found to be unenforceable, it will be amended to achieve as closely as possible the same effect as originally drafted. All other policies and portions of policies will remain in full force and effect.
7.1 Description of Fleetree’s Online Platform
Fleetree provides an online platform accessible via a website and mobile application that facilitates the rental of vehicles for drivers. The platform operates as a Software as a Service (SaaS) for drivers, offering a range of services to facilitate vehicle rentals, manage transactions, and maintain records.
7.2 Services for Drivers
The Fleetree platform offers the following services to drivers:
a) Vehicle Booking (Limited features)
b) Payment Processing
c) Digital Wallet Features
d) Driving History and Reviews
e) Maintenance Scheduling Records
f) Driver Management Records
g) Reporting and Analytics
h) Document Management, including Insurance Policy Documents, Fines, Tolls, and Insurance Claims
i) Optional integration with driver-owned vehicle tracking devices (if available)
7.3 Payment Processing and Wallet Features
a) Payment Gateway: Fleetree uses a third-party payment gateway for secure payment processing.
b) Digital Wallet: Drivers will have a digital wallet within the Fleetree platform where all transactions and refunds are recorded.
c) Payments: Drivers can’t make payments for vehicle rentals through the balance in their digital wallet.
d) Payouts: Drivers can initiate payouts of refunds made to them by vendors from their digital wallet to their bank accounts.
e) Free Payouts: A specific number of free payouts are allowed, with details available on the driver’s dashboard. Additional payouts will incur a fee.
7.4 Transaction and Payment Fees
a) Transaction Fees: Fleetree does not charge drivers for vehicles rented through vendors directly. The fee structure between Fleetree and vendors is not disclosed to drivers.
b) Late Payment Fees: A penalty fee will be charged to drivers for late payments, accruing daily up to 7 days.
7.5 Penalty Fees and Conditions
a) Late Return by Drivers: A penalty fee will be charged to drivers for late return of vehicles.
b) Penalty Details: The specific penalty rates and conditions are available in the driver’s profile on the Fleetree platform.
7.6 Changes to Fees
Fleetree reserves the right to modify its fee structure at any time. Drivers will be notified of any changes through their registered email or via notifications on the Fleetree platform.
7.7 Service Limitations
Fleetree makes no guarantee regarding the uptime of the online platform or the availability of specific features and shall not be liable for any downtime or unavailability.
8.1 Information Required for Signup
To create an account on the Fleetree platform, drivers are required to provide the following information:
Name: Legal name as per government-issued identification.
Email Address: A valid email address for communication and notifications.
Driving License: A copy of a valid driving license.
Other Information: As defined in the Privacy Policy and sign-up forms, additional information may be required for enhanced functionality and verification.
8.2 Approval Process
After the initial signup, the driver’s account will undergo the following approval process:
Preliminary Review: Fleetree will review the submitted information for completeness and accuracy.
Notification: Drivers will be notified via email about the approval or rejection of their account.
Conditional Use: Until approval, certain features of the Fleetree platform may be restricted.
8.3 Identity Verification
Document Submission: Valid government-issued identification and driving license must be submitted for verification.
Document Verification Service (DVS): Fleetree may use DVS or other third-party services to confirm the validity of the submitted identification.
Verification Confirmation: Upon successful verification, drivers will receive a confirmation email, and full or eligible access to the Fleetree platform will be granted.
9.1 Driver’s Responsibilities
Accurate Information: Drivers must provide accurate and current information during signup and while using the Fleetree platform.
Eligibility: Drivers must meet all eligibility criteria as specified in this Agreement.
Safe Driving: Drivers are responsible for operating the vehicle in a safe and lawful manner at all times.
Payment Obligations: Drivers are responsible for timely payments, and any penalties incurred due to late payments will be borne by the driver.
Refunds and Payouts: Drivers can initiate payouts of refunds made to them by vendors from their digital wallets but cannot use wallet funds directly to make payments to Fleetree or vendors.
9.2 General Warranties
Authority: By using the Fleetree platform, drivers represent and warrant that they have the legal authority to enter into this Agreement.
No Conflicts: Drivers warrant that their participation in the Fleetree platform does not conflict with any other agreement or obligation.
Indemnification: Drivers agree to indemnify and hold harmless Fleetree from any claims, damages, or losses resulting from their breach of these representations and warranties.
10.1 Description of Fleetree’s Online Platform and Its Functionalities
Platform Overview: Fleetree provides an online SaaS platform designed to facilitate fleet management, payment processing, and other related services between vendors and drivers.
Fleet Management: Drivers can view records of their rented vehicles, including service records and insurance policies.
Payment Processing: The platform facilitates payments between drivers and vendors. Drivers are responsible for making timely payments.
Digital Wallet: Drivers can view transaction history, manage payouts of refunds made to them by vendors, and access other financial functionalities through their digital wallet on the Fleetree platform.
10.2 Use of Platform and Vehicles
Driver Responsibilities: Drivers are responsible for adhering to all terms and conditions set forth by the vendor and Fleetree, including making timely payments. Drivers can view but not initiate bookings.
Platform Guidelines: All users must adhere to the guidelines and policies set forth by Fleetree, including but not limited to, the terms of this Agreement.
10.3 Driver Limitations
Age Requirement: Drivers must meet the minimum age requirement as specified in the Member Eligibility Criteria.
Driving Record: Drivers must have a clean driving record and meet all other eligibility criteria set forth in this Agreement.
Vehicle Usage: Drivers are limited to using the vehicle for the purposes outlined in the vehicle’s listing and must adhere to any restrictions set by the vendor.
10.4 Liability and Disclaimers
No Liability for Member Actions: Fleetree and its affiliates are not liable for the actions or inactions of any member, including vendors and drivers. All interactions and transactions are at the members’ own risk.
Consumer Guarantees: The service comes with consumer guarantees under the Australian Consumer Law that cannot be excluded. Fleetree gives no additional warranties beyond these consumer guarantees.
10.5 Additional Provisions
Future Changes: Fleetree reserves the right to modify the platform’s functionalities, introduce new features, or transition into a marketplace model in the future.
Payouts: Drivers can initiate payouts of refunds made to them by vendors from their digital wallets but cannot use wallet funds directly to make payments to Fleetree or vendors.
11.1 Policies Regarding the Use of Vehicle Key
Key Handover: The vehicle key will be handed over to the driver by the vendor at the start of the rental period.
Key Responsibility: Drivers are responsible for the safekeeping of the vehicle key during the rental period.
Lost Key: In the event of a lost key, drivers must report the loss to the vendor and Fleetree immediately. The cost of replacing the key may be charged to the driver.
Unauthorised Duplication: Unauthorized duplication of the vehicle key is strictly prohibited and may result in termination of the driver’s membership.
Key Return: The driver is obligated to return the vehicle key to the vendor at the end of the rental period. Failure to do so may result in additional charges or penalties.
12.1 License and Access
License Grant: Subject to the terms of this Agreement, Fleetree grants drivers a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use the website and associated systems for the purpose of accessing Fleetree services.
Ownership: All intellectual property rights in the website and associated systems remain the property of Fleetree or its licensors.
12.2 Account Creation and Verification
Unique IDs: Upon successful account creation, drivers will be issued unique identifiers such as DriverID and Vehicle AssignID.
Login Credentials: Drivers will use their email address and password to log in. These credentials must be kept confidential and secure.
12.3 Use of Booking and Listing Systems
Dashboard Access: Drivers have access to a dashboard for viewing transaction history, assigned vehicles, and initiating payouts.
Driver Access: Drivers can view records related to their assigned vehicles and payments but cannot initiate bookings.
12.4 Profile Management
Profile Creation: A profile will be created using the information provided during the signup process. This profile will be accessible via a user-specific section of the website/web-portal.
Profile Updates: Drivers are responsible for keeping their profile information up-to-date and accurate.
12.5 Intellectual Property and Content
User Content: Drivers warrant that any content they include in their profiles does not infringe on any third-party intellectual property rights.
License to Fleetree: Drivers grant Fleetree a non-exclusive, irrevocable, worldwide, assignable, sub-licensable perpetual license to use any content they provide for the purpose of operating and marketing the service.
12.6 Restrictions and Prohibitions
Prohibited Actions: Drivers may not engage in actions that impair the functionality of the website or associated systems, including but not limited to reverse engineering, data scraping, and unauthorized access attempts.
12.7 Disclaimers and Limitations
Verification: While Fleetree takes reasonable steps to verify information, it does not guarantee the completeness or accuracy of driver-provided information and will not be liable for any inaccuracies or misrepresentations.
13.1 Vehicle Assignments
Vendor’s Role: Vendors are responsible for assigning vehicles to drivers through the Fleetree dashboard.
Driver’s Role: Drivers cannot initiate bookings but can view details of their assigned vehicles on their dashboard.
Future Changes: The current assignment system may evolve into a reservation system where drivers can initiate bookings.
13.2 Assignment Confirmation
Notification: Once a vehicle is assigned, a confirmation notification will be sent to the driver’s registered email.
Assignment Details: The notification will include essential details such as VehicleID, Vehicle AssignID, and assignment duration.
13.3 Assignment Periods
Minimum Assignment Period: The minimum assignment period is one day.
Maximum Assignment Period: The maximum assignment period is subject to vendor policies and vehicle availability.
13.4 Cancellation Policies
Vendor-Initiated Cancellation: Vendors can cancel vehicle assignments through the dashboard. Cancellation fees may apply.
Payment Issues: Assignments may be cancelled if PayTo payment agreements are not accepted on time or PayTo agreements are cancelled by drivers before the end date of assignment/mistakenly/ or before returning the vehicle. This is done to ensure the accuracy of the system records in relation to payment. Possession of vehicles after cancellations and/or without Vendor’s written permission might be considered illegal and can be reported as theft by Vendor or Fleetree.
Driver-Initiated Cancellation: Currently, drivers cannot cancel assignments. Any cancellation requests must go through the vendor.
13.5 Assignment Modifications
Changes: Any changes to vehicle assignments, such as extension or early termination, must be made by the vendor through the Fleetree dashboard.
Notification: Both vendors and drivers will receive notifications for any changes made to the assignment.
13.6 No-Shows and Penalties
Vendor No-Show: If a vendor fails to assign a vehicle as agreed, penalties may apply as per the terms outlined in the agreement.
Driver No-Show: If a driver fails to take possession of an assigned vehicle, penalties may apply as per the terms outlined in the agreement.
13.7 Dispute Resolution
Disputes: Any disputes related to vehicle assignments or cancellations will be handled as per the “Dispute Resolution” section of this agreement.
14.1 Vendor Liability
Vehicle Condition: Vendors must ensure that vehicles are in the same condition at the end of the assignment as they were at the beginning.
Damage Reporting: Vendors are responsible for inspecting the vehicle upon its return and reporting any damages to Fleetree and the driver, in accordance with the Damage Policy.
Max Liability: The maximum liability for vendors is the fee paid for that specific month of service.
14.2 Driver Liability
Vehicle Inspection: Drivers are required to take photographs of the vehicle at both the beginning and end of their assignment, in accordance with the Damage Policy. Failure to comply may result in the driver being held accountable for any subsequent damages. Drivers should ensure that vendors have uploaded these photographs to the portal. If not, it is the driver’s responsibility to follow up with the vendor. Once uploaded, these photographs are automatically locked and cannot be edited after 24 hours. Drivers should promptly review these photographs upon receiving notifications. If any issues arise after the 24-hour lock period, drivers can address these with the vendor through phone calls, text messages, or other communication methods. Additionally, drivers can use the comment functionality on the photographs to document their conversations and agreements with the vendor.
Damage Responsibility: Drivers are responsible for all damages and losses that occur during their assignment, regardless of fault.
Max Liability: The maximum liability for drivers is the fee paid for that specific month of service.
14.3 Shared Liability
Immediate Reporting: Both vendors and drivers must report any damages or losses immediately to Fleetree and each other.
Internal Agreements: Vendors and drivers should have their own internal agreements outlining liabilities, which should be in compliance with this agreement.
14.4 Limitations
Force Majeure: Fleetree will not be liable for damages caused by events beyond their reasonable control, such as natural disasters.
14.5 Indemnification
Indemnity Clause: Both vendors and drivers agree to indemnify and hold harmless Fleetree from any claims, damages, or losses arising from their use of the service.
14.6 Notifications and Reporting
Documentation: All incidents must be documented with relevant evidence, such as photographs and police reports, for insurance and dispute resolution purposes.
15.1 Pre-Assignment Inspections
Vehicle Examination: Prior to initiating an assignment, both drivers and vendors must capture photographs that comprehensively display the vehicle’s exterior. These images should be promptly uploaded to the Fleetree platform, in line with the Damage Policy. Vendors are responsible for uploading photographs at the time of vehicle pick-up and drop-off. Drivers have a 24-hour window to flag any issues by commenting on these photographs, after which the images become permanently locked. Fleetree acts solely as a custodian for these images and neither vouches for their authenticity nor assumes any related liability.
Fuel Status: Both vendors and drivers must ensure the fuel gauge reads at least one-quarter full. If this is not the case, a photograph of the fuel gauge should be shared between the vendor and driver through personal communication channels like SMS, email, etc., and also uploaded to Fleetree.
15.2 Vehicle Use Limitations
Valid Assignments: Drivers are prohibited from using a vehicle without a legitimate assignment from the vendor.
Authorized Operators: Only drivers possessing a valid DriverID and Driver Licence are authorized to operate the assigned vehicle.
15.3 Licensing Stipulations
License Validity: Drivers are forbidden from operating the vehicle if their driver’s license is expired, suspended, or not of the required category.
15.4 Prohibited Conduct
Handheld Devices: No utilization of handheld devices is allowed while driving.
Cargo and Passenger Limits: Overloading the vehicle beyond its cargo or passenger capacity is not allowed.
Illegal Activities: The vehicle must not be used for unlawful activities.
Substance Abuse: Driving under the influence of alcohol or drugs is strictly prohibited.
Reckless Behavior: Reckless or dangerous driving is not allowed.
15.5 Safety and Regulatory Compliance
Traffic Laws: Drivers are required to comply with all traffic laws.
Vehicle State: The vehicle should not be used if it is in an unsafe or unroadworthy condition.
15.6 Additional Guidelines
Smoking and Vaping: Smoking, vaping, or the use of e-cigarettes in the vehicle is not permitted.
Animals: Only certified assistance animals are allowed, and they must be in suitable carriers.
15.7 Vendor Obligations
Vehicle Assignments: Vendors are tasked with assigning vehicles to drivers and ensuring the vehicles meet the conditions outlined in this agreement.
15.8 Supplementary Provisions
Authorized Usage: Vehicles can only be used by authorized drivers who meet all the eligibility criteria outlined in this Agreement.
Vehicle Inspection: Drivers must inspect the vehicle prior to use and report any issues to the vendor immediately.
Prohibited Uses: The vehicle must not be used for illegal activities, racing, towing, or any other activities that violate this Agreement or the law.
Maintenance and Repairs: Routine maintenance is the vendor’s responsibility. Drivers must report any issues immediately.
Fuel Policy: Drivers must return the vehicle with the same fuel level as at the start, unless otherwise agreed with the vendor.
Vehicle Tracking: While Fleetree doesn’t offer tracking services, vendors may use their own tracking devices in compliance with the law.
Emergency Protocols: In the event of an accident, theft, or breakdown, drivers must adhere to the procedures specified in the “Accidents, Theft, and Breakdowns” section of this Agreement.
Vehicle Return: The vehicle must be returned to the agreed location by the end of the rental period, in the same condition as it was received, except for normal wear and tear.
In the absence of a separate, executed agreement between the vendor and the user, the terms and conditions governing vehicle usage and interactions between the vendor and the user shall default to those stipulated in the Fleetree Vendor and Driver Agreement, which is publicly accessible at Fleetree Vendor and Driver Agreement.
16.1 Procedures in Case of Accidents
16.2 Procedures in Case of Theft
16.3 Procedures in Case of Breakdowns
16.4 Financial Responsibilities
16.5 General Responsibilities
16.6 Fleetree’s Role
17.1 General Refuelling Policy
17.2 Fuel Type and Quality
17.3 Fuel Receipts
17.4 Fuel Cards
17.5 Emergency Refuelling
17.6 Fleetree’s Role
18.1 General Return Policy
18.2 Vehicle Inspection
18.3 Fuel Level
18.4 Key Return
18.5 Late Returns
18.6 Unauthorized Extensions
18.7 Fleetree’s Role
19.1 Review Submission
19.2 Review Content
19.3 Review Display
19.4 Review Moderation
19.5 Review Impact
19.6 Fleetree’s Role
20.1 Vendor Liability
20.2 Driver Liability
20.3 Fleetree’s Role
20.4 Disputes
20.5 Additional Charges
21.1 Vendor Liability
21.2 Driver Liability
21.3 Fleetree’s Role
21.4 Disputes
21.5 Additional Charges
22.1 Transaction Fees for Vendors
22.2 Late Fees
Late Return Fee: Drivers will incur a penalty fee for the late return of vehicles. This fee is levied on a per-day basis, up to a maximum of 7 days, and can be viewed on the user dashboard for transparency.
22.3 Payment Methods
22.4 Refunds
22.5 Taxes
22.6 Additional Charges
22.7 Fleetree’s Role
23.1 Authorization Process
23.2 Payment Gateways
23.3 Recurring Payments and Penalties
23.4 Payment Confirmation
23.5 Disputes and Chargebacks
23.6 Fleetree’s Role
24.1 General Tax Responsibility
24.2 Vendor Tax Responsibility
24.3 Driver Tax Responsibility
24.4 Tax Documentation
24.5 Tax Compliance
24.6 Tax Disputes
24.7 Fleetree’s Role
25.1 Payment Processing
Third-Party Gateway: All transactions conducted through Fleetree are processed using a secure third-party payment gateway. Fleetree does not retain any sensitive financial data.
25.2 Fee Deductions
Transaction Fees: Fleetree applies a fee for each transaction, which is automatically deducted from the vendor’s payment.
25.3 Digital Wallet
Wallet Functionality: Fleetree provides a digital wallet feature, allowing both vendors and drivers to store funds for future transactions. The use of this digital wallet is governed by separate terms and conditions.
25.4 Penalty for Late Payments
Late Fee: Drivers who make late payments will incur a daily penalty fee for up to 7 days. Specific details about this fee are available on the dashboard.
25.5 Payment Modes
BSB and Account Number: Payments are facilitated using BSB and Account Numbers and can be completed via PayTo, Direct Debit, or Bank Transfer.
25.6 PayTo Agreements
Agreement Acceptance: Transactions using PayTo require the payer to accept a PayTo Agreement, accessible within their banking app or internet banking under the “PayTo Agreements” section.
25.7 Direct Debit Authorization
Automatic Initiation: Direct Debit transactions are automatically initiated and do not require formal acceptance. By agreeing to rent a vehicle through Fleetree, drivers implicitly consent to Direct Debit terms.
25.8 Bank Transfers
Manual Initiation: Bank Transfers necessitate manual initiation by the driver. Relevant payment details, including PayID and PaymentID, can be found in the “Payments Due” section of the portal.
25.9 Receipts and Invoices
Documentation: Upon successful completion of a payment, Fleetree generates receipts and invoices, which are available in the portal for both vendors and drivers.
26.1 Security Deposit (Bond)
Deposit Amount: The amount of the security deposit or bond is at the vendor’s discretion and may vary depending on the driver and vehicle.
Usage of Deposit: Vendors may use the deposit to cover damages, late returns, or other violations. Clear communication about pick-up and drop-off images is essential for drivers.
Facilitation by Fleetree: Fleetree acts as a facilitator for the deposit feature but does not make decisions regarding refund amounts.
26.2 Invoicing
Invoice Generation: Invoices are automatically generated at the end of each transaction and are accessible to both vendors and drivers in the portal.
Invoice Details: Invoices provide a breakdown of all fees, including transaction fees and any penalties.
GST Inclusive: All amounts listed in the invoice include GST.
26.3 Payment Processing
Payment Modes: Payments can be made through PayTo, Direct Debit, or Bank Transfer. Payment details are available in the “Payments Due” section.
Payment Authorisation: PayTo payments require acceptance of the PayTo Agreement. Direct Debits are automatic, while Bank Transfers need manual initiation by the driver.
26.4 Payment Terms
Due Date: Payments are due according to the terms agreed upon during vehicle assignment. Late payments will incur penalties as described in Section 25.4.
26.5 Late Payment Consequences
Handling Fee and Interest: Late payments may result in a handling fee and daily interest, the rate of which is determined by Fleetree.
Service Suspension: Fleetree may suspend access to the platform until all outstanding amounts are settled.
26.6 Refunds
Vendor-Initiated Refunds: Vendors have the ability to initiate refunds to drivers, which may sometimes require Fleetree’s approval.
26.7 Payment Records
Record-Keeping: Fleetree keeps records of all transactions, accessible to both vendors and drivers for accounting and auditing purposes.
27.1 Communication Channels
Commenting on Pickup and Drop-off Images: Fleetree offers a commenting feature for secure and traceable communication between vendors and drivers on pickup and drop-off images.
Dashboard Notifications: Vendors can send notifications to drivers, which will appear in the drivers’ dashboard.
Email and Notifications: Fleetree will send official communications, including updates and announcements, via email or dashboard notifications.
27.2 Guidelines for Communication
Professional Conduct: All members must maintain a professional tone and respectful language in all communications.
Confidentiality: Confidential information should only be disclosed if necessary for the transaction.
27.3 Data Privacy and Security
Data Retention: Fleetree stores communication records, including comments and notifications, for compliance and dispute resolution.
27.4 Communication for Dispute Resolution
Evidence: Comments and notifications within the platform may serve as evidence in the event of a dispute.
Fleetree’s Role: While Fleetree may facilitate communication between disputing parties, it does not take sides or make judgments.
27.5 Emergency Communication
Emergency Contacts: Fleetree provides an emergency helpline accessible to both vendors and drivers but we don’t guarantee this until unless we are paid for it. Please contact us to know more and opt for it.
Immediate Reporting: Incidents, accidents, or emergencies must be reported immediately through Fleetree’s designated channels.
27.6 Marketing and Promotions
Opt-in/Opt-out: Members can choose to receive or decline marketing communications from Fleetree.
Third-Party Communications: Fleetree will not share contact information with third parties for marketing without explicit consent.
27.7 Feedback and Reviews
Feedback System: Fleetree encourages members to leave feedback and reviews to improve service quality and user experience.
Review Moderation: Fleetree reserves the right to moderate reviews to ensure compliance with guidelines and policies.
28.1 Data Collection
Personal Information: Fleetree gathers personal details such as name, email, phone number, and driver’s license during registration.
Transaction Data: Information related to bookings, payments, and other transactions is collected and stored.
Usage Data: Data on platform usage, including login times, accessed features, and device information, is collected.
28.2 Data Storage
Secure Storage: All data is stored in secure, encrypted databases.
Data Retention: Data is retained for periods mandated by law and as needed for service provision.
28.3 Data Usage
Service Provision: Data is mainly used to facilitate and enhance Fleetree services.
Communication: Contact information may be used for service-related communications, updates, and promotions unless opted out.
Legal Compliance: Data may be used to meet legal obligations, including tax and regulatory requirements.
28.4 Data Sharing
Third-Party Services: Data may be shared with third-party services solely to enhance Fleetree services, such as with payment processors and customer support.
No Unauthorised Sharing: Personal information will not be shared with third parties for marketing without explicit consent.
28.5 User Rights
Access and Correction: Members can access and correct their personal data.
Data Portability: Members can request their data in a structured, commonly used, and machine-readable format upon request.
Deletion: Members can request data deletion, subject to legal obligations and existing contract terms.
28.6 Data Security
Encryption: Data is encrypted using industry-standard algorithms during transmission to and from Fleetree.
Regular Audits: Security audits are conducted regularly to ensure data integrity and security.
28.7 Changes to Privacy Policy
Notification: Changes to the privacy policy will be communicated via the platform and/or email.
Consent: Continued use of Fleetree after privacy policy changes implies acceptance of those changes.
Privacy Policy Details: A comprehensive Privacy Policy can be found at Fleetree Privacy Policy.
29.1 Limitation of Fleetree’s Liability
General Limitation: Fleetree is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, even if advised of such damages.
Cap on Liability: Fleetree’s total liability is limited to the amount paid by the member for services during the one-month period prior to the event causing the liability.
29.2 Vendor’s Responsibilities and Liabilities
Service Level Commitments: Vendors are liable for any breach of service level commitments.
Intellectual Property: Vendors are responsible for any infringement of Fleetree’s intellectual property rights.
Confidentiality: Vendors must maintain confidentiality and are liable for breaches.
Reputation and Goodwill: Vendors are liable for harm to Fleetree’s reputation directly attributable to them.
Vehicle Condition: Vendors must ensure vehicles meet the agreement’s guidelines.
Legal Compliance: Vendors must comply with all applicable laws and regulations.
Disputes: Vendors are responsible for resolving disputes with drivers.
29.3 Indemnification Clauses
By Vendor: Vendors agree to indemnify Fleetree from losses, damages, and liabilities due to any breach of this agreement.
By Fleetree: Fleetree will indemnify members from claims arising out of its gross negligence or willful misconduct, subject to the liability cap.
29.4 No Employment Relationship
Independent Contractors: Vendors and drivers are independent contractors, not Fleetree employees, partners, or agents.
No Employee Benefits: Neither vendors nor drivers are entitled to employment benefits.
29.5 Specific Indemnity
Accidents/Incidents: Drivers are solely liable for any accidents or incidents involving the vehicle.
Miscellaneous Expenses: All miscellaneous expenses related to the vehicle are solely the driver’s responsibility.
29.1 Limitation of Fleetree’s Liability to Drivers
29.2 Driver’s Responsibilities and Liabilities
Service Level Commitments: Drivers are responsible for adhering to the service level commitments outlined in the agreement.
Confidentiality: Drivers are obligated to maintain confidentiality and could be held liable for any breaches.
Vehicle Condition: Drivers are responsible for returning the vehicle in a condition that meets the guidelines set forth in this agreement.
Legal Compliance: Drivers must comply with all applicable traffic laws and regulations.
Disputes: Drivers are responsible for resolving any disputes with vendors, including issues related to vehicle condition, payments, and security deposits.
29.3 Indemnification Clauses
By Driver: Driver agrees to indemnify and hold harmless Fleetree from any losses, damages, liability, claims, costs, penalties, and expenses incurred due to any breach of this agreement by the driver, including but not limited to, deficient transport services and unauthorised use of intellectual property.
29.4 No Employment Relationship
29.5 Specific Indemnity
Accidents/Incidents: The driver shall be solely liable for any and all accidents/incidents involving the vehicle. Fleetree shall not be held liable for any such occurrences.
Miscellaneous Expenses: All miscellaneous expenses pertaining to the vehicle shall be borne solely by the driver, and Fleetree shall not be held liable or responsible for the same.
30.1 Insurance Requirements for Drivers
Minimum Coverage: Before renting a vehicle, drivers must have at least the minimum insurance coverage required by law, typically including third-party liability insurance.
Optional Coverage: For added protection, drivers are encouraged to consider additional insurance options such as personal injury protection and uninsured motorist coverage.
Proof of Insurance: Drivers are required to provide valid proof of insurance before renting a vehicle. Failure to do so could prevent them from using the Fleetree platform.
30.2 Additional Provisions for Drivers
Deductibles: Drivers are responsible for any insurance deductibles that may arise from claims related to their use of the Fleetree platform.
Insurance Lapses: Should there be a lapse in insurance coverage, drivers must immediately notify Fleetree. Such a lapse could result in temporary or permanent removal from the platform.
31.1 Fleetree’s Rights to Terminate
Breach of Agreement: Fleetree can terminate the agreement with immediate effect if a driver breaches any of the terms or conditions.
Non-Compliance: Failure to comply with legal or insurance requirements may also result in termination by Fleetree.
Operational Reasons: Fleetree can terminate the agreement for operational or business reasons, provided that reasonable notice is given to the driver.
31.2 Driver’s Notice Requirements
Termination Notice: If a driver wishes to terminate the agreement without specifying a reason, they must provide a written notice to Fleetree at least 7 (seven) business days in advance.
Immediate Notice: In cases requiring immediate termination due to breach or non-compliance, drivers are obligated to notify Fleetree immediately.
31.3 Conditions for Renewal
Automatic Renewal: Unless either party gives written notice of non-renewal at least 30 days before the end of the current term, the agreement will automatically renew for successive periods of the same length as the initial term.
Review of Terms: The terms of the agreement may be reviewed and amended upon renewal, with mutual consent from both parties.
31.4 Additional Provisions
Data Retention: Fleetree will retain any data or records for a period as mandated by law or as necessary for operational reasons after termination.
Settlement of Accounts: All outstanding payments, fees, or charges must be settled before the agreement is terminated.
Liabilities Post-Termination: Termination of the agreement does not relieve the driver from any liability or obligation incurred prior to the termination.
32.1 Non-Disclosure of Confidential Information
32.2 Non-Compete Clauses
32.3 Prohibition on Reverse Engineering and Unauthorized Use
32.4 Additional Provisions
33.1 Applicable Laws
33.2 Jurisdiction
33.3 Alternative Dispute Resolution
33.4 Legal Representation
33.5 Severability
33.6 Waiver
34.1 Fleetree’s Role in Disputes
34.2 Arbitration or Court Proceedings
34.3 Time Limitation
34.4 Costs
34.5 Confidentiality
34.6 Finality
35.1 Data Collection
35.2 Data Usage
35.3 Data Storage and Security
35.4 User Rights
35.5 Third-Party Sharing
A detailed copy of privacy policy can be found at https://fleetree.com.au/privacy-policy/
36.1 Ownership of Content
36.2 Ownership of Software
36.3 Prohibitions
37.1 General
37.2 User Responsibility
37.3 Liability
37.4 Data Sharing
37.5 Terms and Conditions
38.1 Future Changes to the Business Model
38.2 Amendments to the Agreement
39.1 Superseding Clause
40.1 Unenforceable Provisions
41.1 Conditions for Waiver
42.1 Transferability by Fleetree
Fleetree reserves the right to assign or transfer this Agreement, in whole or in part, without requiring the Vendor’s or Driver’s consent. Such assignment or transfer shall not affect the rights and obligations of the Vendor or Driver under this Agreement.
42.2 Vendor and Driver Restrictions
The Vendor and Driver may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of Fleetree. Any unauthorized assignment or transfer shall be null and void.
42.3 Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
42.4 Change of Control
In the event of a change of control or sale of all or substantially all of the assets of Fleetree, this Agreement shall continue to be in effect and shall be binding upon the new controlling entity.
43.1 Method of Notice
All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery if delivered personally, or on the date of sending if sent by email, unless otherwise specified in this Agreement.
43.2 Contact Information
For Fleetree:
Email: support@fleetree.com.au
For Vendor and Driver:
As provided during the registration process on the Fleetree platform.
43.3 Electronic Mail
Notices sent by electronic mail shall be deemed delivered when the email is sent, provided that no “bounce-back” or delivery failure message is received by the sender.
43.4 Receipt Acknowledgment
For notices delivered by hand or registered mail, an acknowledgment of receipt must be obtained from the receiving party.
43.5 Change of Contact Details
Any change in the contact details for the receipt of notices must be communicated in writing to the other party within a reasonable time frame.
43.6 Legal Requirements
All notices must comply with any legal requirements and procedures that may be applicable, including but not limited to the manner of service and record-keeping.
44.1 Providing Feedback
Both Vendors and Drivers are encouraged to provide feedback about their experiences with the Fleetree platform. Feedback can be submitted through the designated section within the Fleetree user dashboard or by contacting Fleetree’s customer support.
44.2 Filing Complaints
If a Vendor or Driver has a complaint regarding the Fleetree service, the following steps should be taken:
44.3 Resolution Process
Fleetree will make reasonable efforts to resolve any complaints to the satisfaction of both parties involved. If a resolution cannot be reached, the matter may be escalated as outlined in the “Dispute Resolution” section of this Agreement.
44.4 Record-Keeping
All feedback and complaints will be recorded and may be used to improve the Fleetree platform and services. Personal information will be handled in accordance with the “Data Privacy” section of this Agreement.
44.5 Non-Retaliation
Fleetree prohibits any form of retaliation against any Vendor or Driver for filing a complaint or providing feedback. Any such retaliation is a violation of this Agreement and may result in termination of the offending party’s account.
45.1 Additional Terms and Conditions
Vendor-Specific Requirements: Vendors may have additional terms and conditions specific to their vehicle, fleet, and business operations. These terms may cover aspects not included in this general Driver Agreement with Fleetree.
45.2 Agreement Acceptance
45.3 Conflict of Terms
Priority: In the event of any conflict between the terms of this Driver Agreement and the Vendor and Driver Agreement, the terms of the Vendor and Driver Agreement shall take precedence.
45.4 Awareness and Consent
Driver’s Responsibility: It is the driver’s responsibility to be aware of and consent to these additional terms before initiating any transaction with a vendor.
(Section 18(E)(1) Privacy Act 1988)
NOTICE OF DISCLOSURE OF YOUR CREDIT INFORMATION TO A CREDIT REPORTING AGENCY
Our Affiliate, Fleetree Support, may provide credit to you.
Fleetree Support may collect, hold, and use information related to your commercial and consumer creditworthiness from credit reporting agencies, including Equifax (Equifax Contact), for all purposes permitted by law. Fleetree Support may also disclose information to them. This activity is conducted for the purpose of assessing your credit capacity, eligibility, or history in connection with an application or an obligation as a guarantor, collecting payments from you, and managing Fleetree Support’s credit relationship.
Creditworthiness information includes information that is both positive (like payment information) and negative (like defaults or serious credit infringements that Fleetree Support may disclose to credit reporting agencies if you fail to pay us).
Fleetree’s privacy policy and the credit reporting agencies’ privacy policies (see our websites) have more information on how your personal information, including creditworthiness information, is managed. The policies also include how you can access, correct, and make complaints about personal information, request that your information is not used for credit pre-screening, and request a ban on the use of credit information where you have been a victim of fraud.
PERIOD TO WHICH THIS UNDERSTANDING APPLIES
This information may be given before, during, or after the provision of credit to you.
STATEMENT BY APPLICANT(S) FOR CREDIT
You agree to Fleetree Support’s exchange of creditworthiness information with credit reporting agencies and agree that Fleetree Support will obtain (and to the extent permitted by law, provide) information about both consumer and commercial credit to credit reporting agencies as stated above.
Your ticking of the checkbox on the online application form constitutes a binding statement equivalent to your signature under Sections 8 and 9 of the Electronic Transactions Act 1999 (Cth).
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