Website terms of use

1. Acceptance of Terms

By accessing or using this website (www.customfleet.com.au) (the “Site”), you agree to these Terms & Conditions (“Terms”). If you do not accept these Terms, you must not use this Site.

2. Definitions

“We/Us/Our” means Custom Fleet Pty Ltd ACN 005 093701and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) operating in Australia and New Zealand (together, “Custom Fleet”).

“You” or “Your” means any person accessing or using the Site.

“Content” means all material on the Site, including text, images, software, data, graphics, trademarks, logos and services.

“Prohibited Conduct” includes:

• unlawful or illegal use;

• interference with the Site;

• infringement of Intellectual Property rights;

• distribution of malicious code;

• doing anything that unreasonably burdens, impairs or damages the Site;

• breach of the Site’s security and/or making unauthorised modifications to the Site;

• posting, uploading or transmitting any abusive, obscene, defamatory or other inappropriate material to the Site; and/or

• using this Site in a way that does not comply with these Terms.

3. Change to Terms

We may amend these Terms at any time. Updated Terms will be effective on publication. Your continued use of this Site after amendments are made constitutes your acceptance of any such amendments. Custom Fleet is under no obligation to notify you of amendments made to the Site and you are responsible for regularly checking these Terms.

4. Access and Use

The Site is provided for lawful use only. Prohibited Conduct on the Site is not permitted.

5. User Accounts and Security

Where user accounts are enabled and registration is required, you must provide accurate information and keep your credentials secure. You are responsible for all activity under your account. You must notify us immediately if you become aware of any unauthorised access.

6. Intellectual Property

All Content on the Site is owned by or licensed to Custom Fleet and is protected by copyright laws. You may view and print Content for your personal, non-commercial use only, unless otherwise authorised by Custom Fleet in writing.

7. User Content

7.1. If you post, upload or submit any material to the Site (“User Content”), you grant Custom Fleet a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, adapt, publish and communicate that User Content for any purpose connected with the Site and our business.

7.2. You represent and warrant that you own or are authorised to license any User Content and that its publication will not infringe third-party rights or any law.

7.3. We may remove or refuse to publish User Content at our discretion.

8. Third-Party Links

8.1 The Site may contain links to third-party websites. Custom Fleet does not control those sites or any changes that may made to the content of those sites.

8.2 Custom Fleet is not responsible for the content, accuracy or practices of third- party websites.

8.3 Links to third-party websites do not constitute endorsement of any material on those sites or the products and services offered.

9. Privacy

Our Privacy Policy (available on this Site) sets out how we collect, use, disclose and store personal information.

10. Limitation of Liability

To the extent permitted by law, you acknowledge and agree that Custom Fleet is not liable to you or any other person for loss, damage, cost or expense (including any type of consequential or indirect damage) caused by or arising out of:

• your use of the Site, or your inability to use the Site for any reason;

• the performance of the Site;

• any mistake or inaccuracies on the Site and/or any failure by Custom Fleet to correct such mistakes or inaccuracies immediately;

• any information obtained from the Site and/or your use of such information; and/or

• the Site containing any viruses, Trojan horses, bugs or other harmful code;

except to the extent that this arises as due to Custom Fleet’s fraud, negligence or wrongful act or omission.

Nothing in these Terms limits your rights under Consumer Law or Fair Trading Law as applicable.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia and any disputes in relation to these Terms and/or your use of the Site will be subject to the exclusive jurisdiction of the Courts in New South Wales.

12. Termination

We may suspend or terminate your access to this Site for your breach of these Terms or where Custom Fleet’s legitimate interests require us to do so. Custom Fleet reserves the right to identify and/or institute legal proceedings against anyone in breach of these Terms (including by of an applicable for injunctive relief).

13. Interpretation/Waiver

13.1 If a provision of these Terms is reasonably capable of an interpretation which would make that provision valid, lawful and enforceable and an alternative interpretation that would make it unenforceable, illegal, invalid or void then, so far as possible, that provision will be interpreted or construed to be limited and read down to the extent necessary to make it valid and enforceable.

13.2 If any of these Terms are unenforceable or invalid, the offending provision/s will be removed from these Terms, and the amended Terms will remain in force.

13.3 Custom Fleet undertakes to exercise any rights or discretions under these Terms fairly and reasonably and having regard to both your and its legitimate interests.

13.4 A failure by Custom Fleet to enforce these Terms immediately must not be considered a waiver of any of Custom Fleet’s rights under these Terms.