And: Easy To Use Pty. Ltd (ACN 131 481 840) of Suite 2, 1st Floor, 05 Peter Brock Drive Oran Park NSW 2570(Easy to Use, Us Our or We)
This agreement relates to all versions of the Easy to Use product known as “smallFleet” (Product) which includes but is not limited to software and related documentation and information as well as any upgrades, improvements or patches provided to you by Easy to Use in relation to that Product. By using the system you agree to the following terms and conditions.Governing Law / Severance
This agreement is governed by the laws of New South Wales, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that jurisdiction. If any term of this agreement is illegal or otherwise unenforceable, it will be deemed to be severed from this agreement, and all other terms of this agreement will remain in full force and effect.Acknowledgement
y using the Product you agree to accept and abide by the terms and conditions set out in this agreement as well as any intellectual property laws that apply to the Product or its use by you. You further agree to take all necessary steps to ensure that the terms and conditions of this agreement are not breached by any of your employees, consultants, agents, officers or contractors who use or have access to the Product.Grant of Licence / General Use
Easy to Use grants to you a personal, limited, non-exclusive, non-transferable and non-assignable licence to use the Product on the terms and conditions set out in this agreement. The licence granted to you under this agreement will be revoked when this agreement ends.
You must not modify, copy, distribute, adapt, transfer or sell the Product without the prior written approval of Easy to Use. You must not reverse engineer, rent, sub-licence, lease, loan, modify, decompile, disassemble, attempt to discover the source code of, or create derivative works based on, the Product, nor permit anyone else to do so. Furthermore, Easy to Use will not be liable for any unauthorised access by any means with respect to the Product.Ownership of Product
Easy to Use owns all rights or protections (including any intellectual property rights) in the Product that may exist from time to time in Australia (or any other jurisdiction) under any applicable law regardless of whether or not such rights or protections are registered or perfected (Intellectual Property Rights). All Intellectual Property Rights in the Product as well as any improvements made to the Product or the Intellectual Property Rights remain vested in Easy to Use at all times and you are not entitled to those rights at any time.Warranties & Disclaimer
To the extent permitted by law, the Product is provided on an "as is" and "as available" basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance, merchantability or fitness for a particular purpose. Easy to Use does not warrant that the Product will be error-free, complete, correct or completely secure. Without limiting the effect of the preceding sentence, our liability is limited to the repayment to you of the total of the monthly subscription fees paid by you for the preceding six (6) month period.
By agreeing to the terms and conditions set out in this agreement you acknowledge that the performance of the Product relies upon the correct entry of data by you and Easy to Use is not liable to you for any loss or damage suffered by you as a result of the incorrect entry of, or the failure to enter any, data required to allow the Product to operate or any fault with respect to the Product.
Easy to Use is not liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or for loss of use, data or profits or other categories of economic loss, whether or not Easy to Use had been advised of the possibility of such damages, and whether arising in contract, tort or otherwise, arising out of or in connection with the use of the Product.Changes to Terms and Conditions
We may change the terms and conditions contained in this agreement at any time and we will notify you of those changes either by way of email or by presenting the updated terms and conditions when you next login to use the Product. By installing or using the Product, or paying the subscription fee as set out below, you are accepting the terms and conditions (as updated) set out in this agreement and you will be legally bound by this agreement.Indemnity
You agree to indemnify Easy to Use against any claims made with respect to the Product to the extent that any such claim or loss arises or is caused by your wilful or negligent act of omission, by your failure to use the Product in accordance with the instructions and directions provided by Easy to Use from time to time or as a result of the breach of this agreement by you.Using the Product on your mobile phone or tablet device
You are responsible for any charges imposed by your telecommunications provider for the use of the Product on your mobile phone or tablet device, including call costs and data costs associated with the use of the Product.Term / Termination
The term of this agreement will commence on the date of this agreement and will continue to apply on a month to month basis until you advise Us in writing that you no longer wish to use the Product. We can terminate this agreement immediately if:
Before We allowed you to use the Product, you acknowledge that We have provided you with details of the fees you need to pay to continue with that use and that those fees need to be paid by you in order to allow you to continue to use the Product. As at the date of this agreement, the fees that must be paid by you are the monthly subscription fee for the use of the Product ($49.95, $129.95 or $239.95) per month (exclusive of GST) (Subscription Fee), however, these fees are subject to change as outlined below.Payments
Subscriptions Fees are charged to your nominated credit card on the 15th day of each month for that month and will be adjusted on a pro-rata basis on the first and last month of the term of this agreement. The monthly subscription will be adjusted ( higher or lower ) to the number of vehicles in the system at that time as notified by Us from time to time. It is your responsibility to ensure that there are current details for a valid, working credit card or debit card with sufficient funds to pay for all fees charged to that card. Fees paid with an American Express or Diners Club card will incur a surcharge of 3% (excluding GST) of the invoice amount each time We debit the card. If any direct debit payment is rejected by your bank, then we reserve the right to charge you a $20.00 dishonour fee.Change in Subscription Fees
Unfortunately, it is necessary to review Our Subscription Fees and to increase them from time to time. If We need to increase Our fees for any reason We will provide you with notice of the change in the Subscription Fees. We understand that an increase in the Subscription Fees impacts on your operation and because of this We will not ask you to pay any increased amount until fourteen (14) days after We advise you of the proposed increase. After that period the new fees will apply to your use of the Product. All correspondence will be by email – it is your responsibility to notify us of any change in your email address.Failure to pay and Breach of Agreement / No Claim for Suspended Service
If you do not pay any fees you are required to pay under this agreement to use the Product We can, but are not obliged to, issue you with a reminder notice and give you a further seven (7) days to pay. If any payment required to be made to Us is not paid on the due date or if you have breached any other term of this agreement, We can suspend your right to use the Product by disabling your login. If you still do not pay the full amount owing, including any late payment fees by the time stated in Our notice, then We may terminate this agreement along with your account and access to the Product.
If your payment is overdue for more 30 days or you fail to rectify any breach of this agreement within the time required by Us, We may delete the data you have stored using the Product from the server. Once this is done, the data cannot be recovered. Export of your data to a flat file (csv or similar) will incur a developer charge of minimum 2 hours, but must be requested in writing within 30 days of the cancellation of the use of the Product by you.
If We suspend the use of the Product by you or exercise any of our rights under this agreement because you have not paid the fees you agreed to pay Us, or because you have breached any other term of this agreement, you may not make any claim (of any nature whatsoever) against Us for any loss or damage you incur or suffer as a result of that suspension or termination.