Terms of Service

1. Introduction

Welcome to FleetFlow. These Terms of Service ("Terms") outline the conditions under which Exceder Pty Ltd ("we", "us", or "our") provides access to and use of the FleetFlow platform — including our mobile application for drivers and the web-based administration portal (in development).

By accessing or using any part of the FleetFlow platform or related services, you ("the Customer" or "you") agree to be bound by these Terms.

2. Our Services

FleetFlow is a compliance management platform for heavy vehicle transport operators in Australia. It includes:

• A mobile application for capturing data from drivers;
• A web-based platform for compliance tracking, reporting, and accreditation management (to be released);
• Implementation services including onboarding, configuration, data migration, and training.

3. Your Responsibilities

To ensure successful use of the platform, you agree to:

• Provide accurate and complete information during onboarding and ongoing use;
• Ensure that your employees, drivers, and users comply with these Terms and any applicable End User Licence Agreement (EULA);
• Keep all login credentials secure and notify us of any unauthorised access;
• Use the platform in accordance with applicable laws, regulations, and industry standards.

4. Data Ownership and Access

• You retain all rights to your data entered into or captured through FleetFlow.
• We may access your data only for the purpose of providing support, maintaining system performance, or as required by law.
• Your data will never be sold or shared with third parties without your permission.

5. Pricing and Payment

• Pricing for services will be outlined in a separate proposal, scope of work, or agreement.
• Invoices are due within 14 days unless otherwise agreed in writing.
• Late payments may attract interest at the rate specified in the Penalty Interest Rates Act 1983 (Vic).

6. Intellectual Property

FleetFlow, including all software, branding, documentation, and associated intellectual property, remains the property of Exceder Pty Ltd or our licensors. You are granted a limited, non-exclusive, non-transferable licence to use the platform for your internal business purposes only.

7. Consumer Guarantees

Nothing in these Terms limits your rights under the Australian Consumer Law (ACL). If a mandatory consumer guarantee applies, and we fail to comply, our liability is limited (where lawful) to the resupply of the services or the cost of doing so.

8. Limitation of Liability

To the extent permitted by law:

• We are not liable for indirect, special, or consequential loss, including lost profits, lost data, or business interruption;
• Our liability under any claim is limited to the total amount paid by you in the 3 months prior to the claim.

9. Termination

We may suspend or terminate your access to the platform with written notice if:

• You breach these Terms and fail to remedy it within 14 days;
• You become insolvent or are unable to pay debts as they fall due;
• Required to do so by law or a regulatory body.

You may terminate at any time with written notice, subject to any agreed minimum contract term.

10. Privacy

We handle personal information in accordance with our [Privacy Policy] and the Privacy Act 1988 (Cth). You are responsible for ensuring any data you provide or upload complies with Australian privacy and data protection laws.

11. Changes to These Terms

We may update these Terms by providing at least 30 days' notice via email or on our website. Continued use of the platform after that date will be deemed acceptance of the revised Terms.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts in Victoria.

13. Entire Agreement

These Terms, along with any written proposal or agreement, form the entire agreement between you and us regarding FleetFlow. They supersede any prior representations, discussions, or agreements.