Introduction:
Welcome to Fleetree, your go-to platform for connecting car rental vendors with drivers seeking rental services. This document outlines the General Terms and Conditions governing your use of the Fleetree platform. Please read these terms carefully, as your use of our services constitutes your agreement to abide by them, as well as our Privacy Policy.
It’s important to note that this General Terms and Conditions agreement serves as a foundational guide for all users. However, depending on your role within the Fleetree ecosystem—whether you’re a vendor, driver, or another type of member—additional, more specific agreements will apply to you. These additional agreements can be found at the end of this document, and we strongly urge you to review each of them, as they contain crucial information that supersedes the terms found here.
By continuing to use the Fleetree platform, you acknowledge that you have read, understood, and agreed to be bound by all of these terms, including any future amendments and the more specific agreements relevant to your member type.
1. Use of the Platform:
Fleetree is a multi-faceted technology-driven platform that operates as a digital marketplace, web-portal, website, mobile application, software, and Software-as-a-Service (SaaS) company. Our primary aim is to solve the unique challenges faced by car rental vendors and drivers by facilitating seamless connections between the two. While we enable these transactions, it’s important to clarify that Fleetree does not own any of the vehicles listed nor employs the drivers who use them. We are the technological conduit that makes these interactions possible. By engaging with any facet of the Fleetree platform, you agree to the following:
a. Accuracy of Information: You commit to providing accurate, current, and complete information about yourself and your rental requirements. Any discrepancies or falsehoods could lead to the termination of your account.
b. Lawful Use: You are obligated to use the Fleetree platform solely for lawful activities. Any unlawful use may result in immediate account suspension or legal action.
c. Legal Compliance: You must adhere to all applicable local, state, and federal laws, with a particular emphasis on Australian legislation governing car rentals and online marketplaces.
d. Respectful Interaction: You are expected to interact respectfully with all other users of the Fleetree platform. Any conduct deemed harmful, offensive, or discriminatory will not be tolerated and may result in account termination.
e. Additional Agreements: As mentioned in the Introduction, this is a general agreement. Depending on your role within the Fleetree ecosystem, additional terms and conditions may apply. You are responsible for reviewing and complying with any such additional agreements.
2. Payments, Payouts, and Wallets:
a. Payments:
Fleetree offers a secure and user-friendly payment gateway for all your car rental needs. You can make payments using various methods including, but not limited to, credit/debit cards, online banking, and other digital payment solutions as periodically updated by Fleetree. The total payment amount will encompass the rental fee, any additional charges such as late fees or service charges, and all applicable taxes. Rest assured, all transactions are encrypted and processed in strict compliance with relevant financial regulations and data protection laws.
b. Payouts:
For our valued vendors, Fleetree provides a streamlined payout process. Once a rental service has been successfully completed and verified, Fleetree will initiate the payout. The payout amount will include the rental fee, any additional charges that may apply, and all relevant taxes. This total will be subject to Fleetree’s service fee. Payouts will be processed within a reasonable timeframe, adhering to both legal requirements and industry standards.
c. Wallets:
To enhance user experience, Fleetree offers a virtual wallet feature. This digital wallet can be funded in advance and used for quicker transactions on the platform. It serves as a convenient way to manage and allocate funds for future rentals, thereby expediting the payment process. The wallet is secured with multiple layers of encryption to ensure the utmost safety of your funds.
d. Additional Financial Agreements:
As highlighted in the Introduction, this section serves as a general guide for financial transactions on Fleetree. Depending on your specific role and activities on the platform, additional financial terms and conditions may apply. It is your responsibility to review and comply with those additional agreements, which can be found at the end of this document.
3. Cars and Drivers:
a. Cars:
Vendors are the backbone of the Fleetree platform, and as such, they bear the responsibility for the condition, safety, and legal compliance of their vehicles. All vehicles listed on Fleetree must be well-maintained, clean, and roadworthy. Vendors are required to adhere to all applicable laws and regulations, including but not limited to, vehicle registration, safety inspections, and insurance coverage. Failure to meet these standards may result in removal from the Fleetree platform.
b. Drivers:
Drivers are essential users of the Fleetree platform and must possess a valid driver’s license that is recognised by the jurisdiction in which the rental occurs. They are required to comply with all applicable laws and regulations, including obtaining necessary insurance coverage. Additionally, drivers must adhere to the terms and conditions set forth in the vendor’s rental agreement, as well as any other supplemental agreements or policies that may apply.
c. Additional Agreements for Cars and Drivers:
As mentioned in the Introduction, this section serves as a general guide for the responsibilities and requirements of cars and drivers on the Fleetree platform. Specific obligations, terms, and conditions may vary depending on your role and activities on the platform. Additional agreements related to cars and drivers can be found at the end of this document, and it is your responsibility to review and comply with those.
a. Vendor Insurance:
Vendors are required to maintain appropriate and comprehensive insurance coverage for their vehicles, in accordance with applicable laws and regulations. This insurance should cover, at a minimum, third-party liability, collision, and comprehensive damage. Failure to maintain such insurance may result in immediate termination from the Fleetree platform.
b. Fleetree’s Role:
It’s important to note that Fleetree does not provide, offer, or manage any form of insurance coverage for rentals facilitated through the platform. Fleetree acts solely as a technology-driven marketplace connecting vendors and drivers, and any insurance-related matters are strictly between the vendor and the driver.
c. Driver Insurance:
Drivers are responsible for obtaining their own insurance coverage to protect against potential liabilities or damages during the rental period. This may include, but is not limited to, liability insurance, personal injury protection, and uninsured/underinsured motorist coverage.
d. Additional Insurance Agreements:
As highlighted in the Introduction, this section is a general overview of insurance responsibilities on the Fleetree platform. For more specific and detailed insurance requirements, please refer to the additional member agreements related to insurance, available at the end of this document.
a. Independent Contractors:
Vendors who participate in the Fleetree platform are independent contractors and are not, in any way, considered employees, agents, or representatives of Fleetree.
b. Vendor Responsibilities:
Vendors are solely responsible for the actions, omissions, and conduct associated with their service offerings, including but not limited to, the condition of the vehicles they list, compliance with laws, and any damages or injuries that may occur during the rental period.
c. Fleetree’s Limitation of Liability:
Fleetree disclaims any liability for the actions or omissions of vendors. This includes, but is not limited to, any form of damage to vehicles, injuries to drivers or third parties, or any other liabilities that may arise from the rental transaction.
d. Additional Vendor Agreements:
As mentioned in the Introduction, this section provides a general outline of the roles and responsibilities of vendors on the Fleetree platform. For more specific and detailed information, vendors should refer to the additional Vendor-specific agreements available at the end of this document.
a. Eligibility for Refunds:
Fleetree may issue refunds under specific circumstances, which will be clearly outlined in the additional agreements tailored to Vendors and Drivers. These circumstances may include, but are not limited to, cancellations, service issues, or disputes between parties.
b. Compliance with Laws:
All refunds will be processed in strict compliance with applicable laws and regulations, including consumer protection laws in Australia.
c. Refund Process:
Refunds will be issued through the wallet system, unless otherwise specified. Fleetree aims to process these refunds in a timely manner, as stipulated in the additional agreements.
d. Additional Agreements:
As noted in the Introduction, this section serves as a general guideline for refunds on the Fleetree platform. For more specific and detailed information, please refer to the additional agreements related to your member type, available at the end of this document.
a. Marketing Content:
Fleetree may send marketing communications, promotional materials, and updates to users via various channels, including but not limited to email, SMS, and in-portal notifications.
b. User Preferences:
Users have the option to customise their communication preferences within their Fleetree account settings, including the types of communications they wish to receive.
c. Opt-Out:
Users can opt-out of receiving marketing communications at any time by following the ‘unsubscribe’ link in the email or SMS, or by adjusting their preferences in their Fleetree account settings.
d. Data Protection:
All marketing activities are conducted in compliance with data protection and privacy laws, including the Australian Privacy Principles.
e. Additional Agreements:
As with other sections, this serves as a general guideline. For more specific information related to marketing and communications, please refer to the additional agreements tailored to your member type, available at the end of this document.
a. Data Collection:
Fleetree collects various types of information from users, including personal details, rental history, payment information, and usage metrics, to facilitate and improve the services offered through the platform.
b. Data Storage:
All user data is securely stored in compliance with industry standards and applicable laws, including Australian data protection laws.
c. Data Usage:
Fleetree uses the collected information for purposes such as improving user experience, facilitating transactions, and for analytical and marketing activities.
d. Third-Party Sharing:
Fleetree may share user information with third-party service providers for specific purposes, such as payment processing and data analytics, in compliance with privacy laws.
e. Data Retention:
Data will be retained for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations.
f. User Rights:
Users have the right to access, correct, or delete their personal information stored by Fleetree, subject to certain limitations as provided by law.
g. Additional Agreements:
This section serves as a general guideline. For more specific information related to data storage and management, please refer to the additional agreements tailored to your member type, available at the end of this document.
a. Platform Modifications:
Fleetree reserves the right to update, modify, or discontinue any features, functionalities, or services provided through the Fleetree platform at its sole discretion, without prior notice to users.
b. Account Suspension:
Fleetree may suspend or terminate user accounts that are found to be in violation of these Terms and Conditions, or for any other reason deemed necessary for the safe and lawful operation of the platform.
c. Service Interruptions:
While Fleetree aims to provide a seamless user experience, there may be instances where the platform may be unavailable due to maintenance, updates, or unforeseen circumstances. Fleetree will not be liable for any inconvenience or loss arising from such interruptions.
d. User Conduct:
Users are expected to use the Fleetree platform in a responsible and lawful manner. Any misuse or fraudulent activities could lead to immediate termination of the user account and legal action.
e. Additional Agreements:
This section serves as a general guideline. For more specific terms related to platform usage, please refer to the additional agreements tailored to your member type, available at the end of this document.
a. Governing Law:
These Terms and Conditions, as well as any disputes arising from or related to them, shall be governed by and construed in accordance with the laws of Australia.
b. Jurisdiction:
Any legal action or proceedings arising out of or in connection with these Terms and Conditions shall be brought exclusively in the courts of Australia. By using the Fleetree platform, you consent to the jurisdiction of these courts.
c. Dispute Resolution:
In the event of a dispute between you and Fleetree, or between users, we strongly encourage an initial attempt at resolving the matter amicably through dialogue or mediation. If such resolution is not possible, the dispute will then be subject to legal proceedings as per Australian law.
d. Legal Compliance:
Users are responsible for complying with all local laws and regulations when using the Fleetree platform. Failure to comply may result in account termination and legal action.
e. Additional Agreements:
This section serves as a general guideline. For more specific terms related to legal and jurisdictional matters, please refer to the additional agreements tailored to your member type, available at the end of this document.
a. Entire Agreement:
These General Terms and Conditions, along with any additional terms, conditions, and policies referenced herein and/or available by hyperlink, constitute the entire agreement between Fleetree and the User.
b. Precedence:
In the event of any inconsistency or conflict between these General Terms and Conditions and any other agreement, rule, policies, or terms of service, the terms of the specific agreement related to your member type shall prevail.
c. Amendments:
Fleetree reserves the right to amend these Terms and Conditions at any time. Users will be notified of any changes via email or through the Fleetree platform. Continued use of the platform after such notification constitutes agreement to the amended terms.
d. Additional Agreements:
This section serves as a general guideline. For more specific terms, please refer to the additional agreements tailored to your member type, available at the end of this document.
a. Right to Amend:
Fleetree reserves the right to amend, modify, or update these Terms and Conditions at any time to reflect changes in our practices, service offerings, or compliance requirements.
b. Notification:
Users will be notified of any amendments via email or through notifications on the Fleetree platform. We may also post updates on our website, web-portal or within the mobile application.
c. Acceptance:
Continued use of the Fleetree platform following the notification of any amendments constitutes your acceptance of the revised terms. If you do not agree to the amendments, you must cease using the Fleetree platform immediately.
d. Review:
We encourage users to regularly review these Terms and Conditions, along with any other agreements related to their member type, to stay informed about any changes.
a. Invalid Provisions:
In the event that any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed or modified to the extent necessary.
b. Effect on Remaining Provisions:
The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. The remaining terms shall remain in full force and effect.
c. Reformation:
If possible, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches the intent of the original provision.
a. Non-Waiver:
The failure or delay by Fleetree to exercise or enforce any right, remedy, or provision under these Terms and Conditions at any time shall not serve as a waiver of such right, remedy, or provision.
b. No Implied Waivers:
No waiver by Fleetree of any breach or default under these Terms and Conditions will constitute a waiver of any subsequent breach or default, and no waiver shall be effective unless made in writing and signed by an authorised representative of Fleetree.
c. Reservation of Rights:
Fleetree reserves all rights granted under these Terms and Conditions, and a waiver of any provision in a specific instance shall not constitute a waiver of any other provision or of that provision in future instances.
a. User Restrictions:
The User may not assign, delegate, or otherwise transfer any of their rights, obligations, or duties under these Terms and Conditions to another party without the prior written consent of Fleetree.
b. Fleetree’s Rights:
Fleetree reserves the right to assign, delegate, or otherwise transfer any of its rights, obligations, or duties under these Terms and Conditions to any third party at its sole discretion, without requiring the User’s consent.
c. Successors and Assigns:
These Terms and Conditions shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
d. Invalid Assignment:
Any assignment or transfer in violation of this section will be deemed null and void.
a. General Inquiries:
For any general inquiries, questions, or concerns related to the Fleetree platform, the User can contact Fleetree by sending an email to support@fleetree.com.au.
b. Response Time:
Fleetree will use its best efforts to respond to any inquiries or concerns within a reasonable time, typically within 48 hours of receiving the email.
c. Emergency Support:
For urgent matters requiring immediate attention, Fleetree may provide an emergency contact number or live chat support, details of which will be available on the Fleetree platform.
d. Social Media:
Users can also reach out to Fleetree through various social media platforms where Fleetree maintains an active presence. However, for official and legal communications, email is the preferred method.
e. Postal Address:
For formal communications, the User may also contact Fleetree via postal mail at the address provided on the Fleetree platform.
f. Business Hours:
Customer support is generally available during standard business hours, as specified on the Fleetree platform, except on recognized holidays.
a. Refund Policy:
Fleetree offers a structured refund policy for Users in case of disputes or other issues related to the services provided through the platform.
b. Dispute Resolution:
In the event of a dispute between a Vendor and a Driver, Fleetree may hold the involved funds for up to 30 days to facilitate dispute resolution, fraud identification, or risk management.
c. Vendor Responsibilities:
Vendors are responsible for settling any required refunds within 24 hours. Fleetree will then process these refunds to the Driver within 7-14 days, provided that the Vendor agrees to this timeframe.
d. Recovery of Costs:
Should Fleetree incur any additional costs or be required to cover refunds, Fleetree reserves the right to recover those costs from the Vendors.
Fleetree reserves the right to take appropriate legal action against any User who attempts to exploit, manipulate, or otherwise misuse the Fleetree platform. Users found engaging in such activities may have their access to the Fleetree platform terminated.
Fleetree shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use of the Fleetree platform. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses. The total liability of Fleetree to the User shall not exceed the amount paid by the User for access to the Fleetree platform.
a. User Responsibilities:
The User agrees to indemnify and hold harmless Fleetree, its affiliates, officers, directors, employees, and agents from any claims, demands, losses, liabilities, or expenses, including reasonable attorneys’ fees.
b. Conditions for Indemnification:
This indemnification applies in the event that claims are made against Fleetree due to:
The User’s use or misuse of the Fleetree platform.
The User’s violation of these Terms and Conditions.
The User’s violation of any laws, regulations, or third-party rights.
c. Cooperation:
The User agrees to cooperate fully in the defense of any claim. Fleetree reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
By using the Fleetree platform, you agree to these Terms and Conditions. Please read them carefully. Fleetree takes data security seriously and employs robust measures to protect your data. However, we cannot guarantee absolute security against unauthorised access. In case of a data breach, we will take all reasonable steps to mitigate the harm and notify affected users as required by law.
Fleetree retains absolute authority over all aspects of its operations, including:
We may take any actions necessary to protect our interests, including shutting down the platform temporarily or permanently, with or without notice.
By using the Fleetree platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any other agreements pertinent to your membership type, which can be accessed through the links provided below. If you encounter any difficulties in accessing these additional agreements, please contact our support team, who will be more than happy to assist you by providing copies. You also agree to comply with all applicable laws, including those related to the protection of personal information and privacy.
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