Terms and Conditions

These Terms and Conditions (the Terms) govern the use of FleetDest, an online system for bus and coach operators (the Service). In these Terms, FleetDest, we and us mean the provider of the Service; the Operator means the company that subscribes to the Service; and Users means the people the Operator allows to use its account.

By creating an account, signing in or using the Service, the Operator agrees to these Terms on behalf of itself and its Users. The person accepting them confirms they are authorised to bind the Operator.

The Operator's owner account manages its Users and their permissions. The Operator is responsible for everything done under its account, for keeping passwords secret and for removing Users who should no longer have access.

FleetDest support staff may sign in to an Operator's portal in support mode to resolve a problem or answer a request. Every action taken in support mode is recorded in the Operator's activity log under a FleetDest support name.

The Service is provided on a subscription basis: monthly, quarterly, semi-annual or annual, as agreed with the Operator. Subscription fees are payable in advance for each period and renew automatically for the same period unless the subscription is cancelled before the renewal date.

Fees are shown exclusive of tax unless stated otherwise; applicable taxes such as GST or VAT are added. We will give at least 30 days' notice of any change to the subscription fees, which then applies from the next renewal.

Fees already paid are not refunded for a partly used period, except where a refund is required by law.

We may suspend an Operator's access if fees are overdue, if these Terms are breached, or if suspension is needed to protect the Service, its users or their data. When access is suspended, Users see a notice to contact FleetDest support.

During a suspension the Operator's data is kept unchanged. Access is restored once the reason for the suspension has been resolved.

The Operator may cancel its subscription at any time by contacting FleetDest support. We may cancel a subscription that remains unpaid or suspended, or after a serious breach of these Terms. When a subscription is cancelled, Users can no longer use the operator portal and see a notice that the subscription has been cancelled.

When an Operator is removed from FleetDest, all of its data is permanently and completely deleted. This includes its work orders, quotes, bookings, invoices, payments, receipts and credit notes, customers and contacts, drivers, vehicles, vehicle types and depots, uploaded documents and files, users, notes, messages, supplier connections and settings. No copy of the Operator's data is kept in the FleetDest database or file storage, and deleted data can not be recovered by FleetDest or anyone else.

Remaining copies inside FleetDest's encrypted system backups expire automatically within 30 days and are never used to restore an individual Operator's data.

• Backing up its data before cancelling is the sole responsibility of the Operator.
• The Operator can download its data at any time as CSV files from Reports (assets, customers, work orders, invoices, payments and credit notes) and download its documents from each work order.
• FleetDest is not responsible for any loss arising from data that was not backed up by the Operator before it was removed.

The Operator owns all data it enters into the Service, including information about its customers, passengers, drivers and suppliers. FleetDest uses that data only to provide, secure, support and improve the Service for the Operator, and never sells it.

For personal information about the Operator's customers, passengers and staff, the Operator decides why and how it is collected and used, and FleetDest processes it on the Operator's behalf. The Operator is responsible for having a lawful basis to collect and use that information, for telling the people concerned how it is used, and for keeping it accurate.

Each Operator's business data is kept in its own separate database, and the Service is designed so that no Operator can see another Operator's data, except information an Operator chooses to share through the FleetDest Network or a subcontract offer.

FleetDest complies with the data privacy laws and regulations of the country in which each Operator is registered, as recorded in the Operator's account, for the personal information it handles for that Operator. In particular:

• Australia: the Privacy Act 1988 (Cth), including the Australian Privacy Principles and the Notifiable Data Breaches scheme.
• United Kingdom: the UK General Data Protection Regulation and the Data Protection Act 2018.
• Any other country: the data protection and privacy laws that apply in that country.

We use industry-standard measures to protect the Operator's data, including encrypted connections (HTTPS), encryption of stored data, encrypted storage of passwords and connected email and calendar credentials, separate databases per Operator, access controls and permissions, activity logging and regular security updates.

If a data breach affects an Operator's data, we will notify the Operator without undue delay and give it the information it needs to meet its own obligations, and we will notify regulators and affected people where the law of the Operator's country requires it.

We use carefully selected service providers to host and run the Service, such as cloud hosting, email delivery and error monitoring providers, and require them to protect data to the same standard. A current list is available from FleetDest support.

Posts on the FleetDest Network are visible to every Operator using the Service. Operators are responsible for what they post and message, must not post personal information about customers or passengers, and must not post anything unlawful, misleading or offensive.

When an Operator offers work to a supplier, the job details (journeys, passenger numbers, vehicle type, luggage, driver notes and the offering Operator's contact details) are shared with that supplier; the end customer's details are not. Any agreement to supply work is a contract between the two Operators. FleetDest is not a party to it and is not responsible for its performance or payment.

The Operator and its Users must not:

• use the Service for anything unlawful or to send unsolicited bulk email;
• try to access another Operator's data or any part of the Service they are not authorised to use;
• interfere with the security or operation of the Service, or upload malicious files;
• copy, resell or reverse engineer the Service.

The Service connects to third-party services chosen by the Operator, such as Microsoft 365, Google Workspace, Gmail and online calendars, and uses mapping and routing services for addresses and journey times. The Operator's use of those services is subject to their own terms. Distances, times and addresses from mapping services are estimates.

We work to keep the Service available and reliable but do not promise it will be uninterrupted or error-free. Planned maintenance is carried out at quiet times where possible. Support is available through the Support Center and by email.

Nothing in these Terms excludes rights the Operator has under law that can not be excluded, including under the Australian Consumer Law or UK consumer protection law.

To the extent permitted by law, FleetDest is not liable for indirect or consequential loss, loss of profit, or loss of data that the Operator did not back up, and FleetDest's total liability in any 12 months is limited to the subscription fees paid by the Operator in those 12 months.

We may update these Terms from time to time. We will give Operators at least 30 days' notice of material changes. Continuing to use the Service after the changes take effect means the Operator accepts them.

These Terms are governed by the laws of the country in which the Operator is registered, and the courts of that country have jurisdiction over any dispute about them.