Terms of use

Permitted Use

Users may not: use the Service for any unlawful purpose; hack or interfere with OptiFleet, its servers or any connected networks, or attempt to do so; use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index OptiFleet in any manner; remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by OptiFleet; adapt, alter, license, sublicense or translate the Service for its own personal or commercial use; or upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.

Links to Other Web Sites

Links from the Service to other websites or services (such as hyperlinks, website framing or third party advertisements) do not constitute the endorsement by OptiFleet of those websites or their content. Such links are provided as an information service, for reference and convenience only. OptiFleet does not control any such sites, and is not responsible for their content. It is each Customer’s responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by OptiFleet's terms or Privacy Policy.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, trade names, trade marks and other content that users see or read on the Service and the software and other material underlying and forming part of the Service (collectively "Proprietary Material") are owned by OptiFleet or are used by permission of the owner. The Proprietary Material, in all its forms, is protected by domestic and international laws. Users may not copy, download, use, redesign, reconfigure, or retransmit any Proprietary Material without the prior permission of OptiFleet and/or the relevant right holder.

Disclaimer

Participation in the Service is undertaken entirely at each Customer’s own risk and the Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, OptiFleet disclaims and excludes all implied conditions or warranties, including but not limited to any warranties of merchantability, and fitness for a particular purpose. OptiFleet gives no representations or warranties in relation to: the timeliness, accuracy, reliability, completeness or content of the Service; the capability, experience or credentials of any Customer; the accuracy of any information provided by any Customer; the quality or ownership of any vehicle offered by any Supplier; or any payment by Buyers.

Liability

Each Customer agrees that, to the greatest extent permitted by law, OptiFleet, its related companies as defined in the Companies Act 1993, its licensors, or any of such parties’ agents, employees, officers, directors, or corporate partners (each an "OptiFleet Party") have no liability to the Customer or its Users for damages under any theory of law (including contract, tort, equity or restitution) under or in connection with the Agreement including, without limitation, any: direct, indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of the same; or liability in connection with any act or omission of OptiFleet or any User, any dispute with any User, or any loss of information (including personal information and credit card information). If, regardless of the above, it is determined that any OptiFleet Party is liable to a Customer or any of its Users under or in connection with the Agreement, the Customer will ensure that in no event will the aggregate amount of such liability exceed $100. The limitation of liability in this section is intended to be for the benefit of and enforceable by each OptiFleet Party, but the Agreement may be amended without their consent.

Dispute Resolution

OptiFleet is not a party to any contract between Customers, each Customer agrees: not to involve, or attempt to involve, any OptiFleet Party in any dispute or in the resolution of disputes that arise between Customers in relation to the Service; and to release each OptiFleet Party from any and all claims or demands arising out of or in any way connected with such disputes. Changes to the Agreement OptiFleet reserves the right, at its sole and absolute discretion, to change the terms and conditions of the Agreement (including the Privacy Policy and Service Fee Schedule) at any time, provided that changes will only be applied in advance. OptiFleet will notify Customers of any material changes to the Agreement that affect them, using the email address for notices they provided on the Service. If any changes to the Agreement are unacceptable to a Customer, or cause the Customer to no longer be in compliance with the Agreement, they must immediately stop using the Service. Each Customer’s continued use of the Service following any revision to the Agreement constitutes its complete and irrevocable acceptance of any and all such changes.

General

OptiFleet has no liability for any failure to comply with the Agreement that is caused by reasons beyond OptiFleet’s reasonable control. No agency, partnership or joint venture relationship is intended or created by the Agreement. Failure by OptiFleet to enforce any provision(s) of the Agreement will not be construed as a waiver of any provision or right. All waivers by OptiFleet must be in writing and signed by OptiFleet to be effective. The Agreement constitutes the entire agreement between each Customer and OptiFleet with respect to its subject matter. If any provision of the Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. Except as expressly provided in the Agreement, only the relevant Customer and OptiFleet have any benefit under the Agreement and any right to enforce the Agreement. The Agreement will endure to the benefit of OptiFleet, its successors and assignees.