Terms and Conditions

General

The Northpoint Fleet Management Website is a service provided by Northpoint Fleet Management for the following purposes:

a) informing its Customers,
b) enabling Customers to provide information to Northpoint Fleet Management, and
c) providing information and commercial services to Business Partners.

Northpoint Fleet Management IVMS Services and information contained on this website is provided by Northpoint Fleet Management.

By accessing or otherwise using the Northpoint Fleet Management Website you agree to be bound by these conditions of use and you acknowledge that Northpoint Fleet Management provides the Northpoint Fleet Management Website to you on these conditions of use. Northpoint Fleet Management is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Northpoint Fleet Management Website at any time without notice. Your continued use of the Northpoint Fleet Management Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property Protection

Northpoint Fleet Management owns all intellectual property in the Northpoint Fleet Management Website including IVMS, unless indicated otherwise. Subject to these conditions of use, Northpoint Fleet Management grants to you a non-exclusive and non transferable limited licence to do the following:

  • View and download information directly accessible through the Northpoint Fleet Management Website.
  • Use information directly accessible through the Northpoint Fleet Management Website.

You agree that, subject to your use of the Northpoint Fleet Management Website in accordance with the limited licence granted to you, you will not infringe Northpoint Fleet Management's intellectual property in the Northpoint Fleet Management Website and will not modify, copy, republish, frame, distribute or communicate any part of the Northpoint Fleet Management Website or any information contained therein or otherwise use them in a way which will infringe Northpoint Fleet Management's intellectual property or other property rights.

Disclaimer

Except as provided by law, the Northpoint Fleet Management Website is provided "as is" and without any warranty or condition, express or implied. Northpoint Fleet Management does not warrant that the information contained in or accessible through the Northpoint Fleet Management Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Northpoint Fleet Management guarantee continuous, uninterrupted or secure access to the Northpoint Fleet Management Website.

You acknowledge that access and use of the Northpoint Fleet Management Website (including the software operating in connection with the Northpoint Fleet Management Website) may be interfered with by numerous factors outside of Northpoint Fleet Management's control. Northpoint Fleet Management does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Northpoint Fleet Management Website. Subject to the provisions of the Competition and Consumer Act 2010, Northpoint Fleet Management makes no representations or warranties in respect of the information and materials available on the Northpoint Fleet Management Website or the means of accessing that information and material (including the software operating in connection with the Northpoint Fleet Management Website).

Northpoint Fleet Management makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Northpoint Fleet Management which are or may become linked or framed to or from the Northpoint Fleet Management Website.

Use of Information

If you upload or otherwise provide any information or content ('Content') in the course of accessing or using the Northpoint Fleet Management Website, you agree that such Content will be available to Northpoint Fleet Management to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or
  • infringes the intellectual or other proprietary interests of third parties; or
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Northpoint Fleet Management considers to be inappropriate; or
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Northpoint Fleet Management Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Northpoint Fleet Management Website or otherwise breaches or encourages other users to breach these terms of use; or
  • violates any law, statute or regulation; or
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant Northpoint Fleet Management a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability

You agree that Northpoint Fleet Management is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Northpoint Fleet Management Website, the use by Northpoint Fleet Management of information provided by you to Northpoint Fleet Management through the Northpoint Fleet Management Website or any such loss or damage which may arise should you be unable to access the Northpoint Fleet Management Website, for whatever reason and however arising, including negligence.

To the extent that Northpoint Fleet Management is able to limit the remedies available under these conditions of use, Northpoint Fleet Management expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Northpoint Fleet Management's sole discretion):

  • in the case of goods, any one or more of the following:
  • the replacement of the goods or supply of equivalent goods;
  • the repair of the goods;
  • the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired; and
  • in the case of services:
  • supply of the services again; or
  • the payment of the cost of having the services supplied again.

You indemnify Northpoint Fleet Management against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any of your representations or warranties.

Breach and termination

If you breach any provision of these terms of use Northpoint Fleet Management may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Northpoint Fleet Management Website. In any event, Northpoint Fleet Management may terminate these terms of use (and your right to use the Northpoint Fleet Management Website) at any time and for any reason without prior notice to you.

Choice of Law and Use of Northpoint Fleet Management Website

These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. Northpoint Fleet Management has designed the Northpoint Fleet Management Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Northpoint Fleet Management Website outside the Commonwealth of Australia. The Northpoint Fleet Management Website is available only to people in Australia who can form legally binding contracts under applicable law.

For Any Enquiries on Tern so Use please contact us on.

Northpoint Fleet Management
Unit 1 / 459 North East Road,
Hillcrest
SA 5086


T 1800 881 485
F 08 8369 0569

 

 

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