TERMS AND CONDITIONS

Last Updated: April 22, 2025

1. INTRODUCTION

These Terms and Conditions ("Terms") govern your access to and use of the FleetFlow platform, website, mobile applications, and services (collectively, the "Services") provided by FleetFlow ("we," "our," or "us").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. DEFINITIONS

In these Terms, unless the context indicates otherwise:

  • "Account" means the account created by you to access and use the Services.
  • "Content" means any information, data, text, software, graphics, messages, or other materials that are uploaded, transmitted, or displayed on or through the Services.
  • "Customer" means any person or entity that uses the Services to manage their fleet or delivery operations.
  • "Driver" means any person who uses the Services to receive and fulfill delivery assignments.
  • "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
  • "User" means any person who accesses or uses the Services, including Customers, Drivers, and their authorized representatives.

3. ELIGIBILITY

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding contract
  • Not be prohibited from using the Services under applicable law
  • Complete the registration process and create an Account

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Registration

To access certain features of the Services, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your Account credentials
  • All activities that occur under your Account
  • Immediately notifying us of any unauthorized use of your Account or any other breach of security

We will not be liable for any loss or damage arising from your failure to comply with this section.

4.3 Account Types

We offer different types of Accounts with varying features and pricing. The specific features available to you will depend on the type of Account you register for and the subscription plan you select.

5. SERVICES DESCRIPTION

5.1 Fleet Management and Delivery Logistics

FleetFlow provides a platform that enables Customers to manage their fleet operations, optimise delivery routes, track deliveries in real-time, and communicate with Drivers. The Services may include, but are not limited to:

  • Fleet management tools
  • Route optimisation
  • Real-time tracking
  • Delivery status updates
  • Communication tools
  • Analytics and reporting
  • Mobile applications for Drivers and Customers

5.2 Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5.3 Support Services

We will provide support services as specified in your subscription plan. Support services may include technical assistance, training, and documentation.

6. USER OBLIGATIONS

6.1 General Obligations

You agree to:

  • Use the Services in compliance with these Terms and all applicable laws and regulations
  • Maintain accurate and up-to-date information in your Account
  • Use the Services only for lawful purposes and in accordance with these Terms
  • Respect the privacy and rights of other users
  • Cooperate with any reasonable requests from us

6.2 Prohibited Activities

You agree not to:

  • Use the Services in any way that violates any applicable law or regulation
  • Use the Services for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to the Services or related systems
  • Interfere with or disrupt the integrity or performance of the Services
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services
  • Use the Services to transmit any malware, spyware, or other harmful code
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
  • Collect or harvest any information from the Services, including personal information
  • Use the Services in a manner that could disable, overburden, damage, or impair the Services
  • Use any robot, spider, or other automatic device to access the Services
  • Bypass any measures we may use to prevent or restrict access to the Services

6.3 Driver-Specific Obligations

If you are a Driver, you additionally agree to:

  • Comply with all applicable transportation and traffic laws and regulations
  • Maintain all required licenses, permits, and insurance
  • Maintain your vehicle in safe and roadworthy condition
  • Follow all delivery instructions provided through the Services
  • Treat customers with respect and professionalism
  • Report any issues or incidents promptly

6.4 Customer-Specific Obligations

If you are a Customer, you additionally agree to:

  • Provide accurate and complete information about deliveries
  • Ensure that items for delivery comply with all applicable laws and regulations
  • Not request delivery of prohibited or dangerous items
  • Provide reasonable access for deliveries
  • Treat Drivers with respect and professionalism

7. FEES AND PAYMENT

7.1 Subscription Fees

Access to and use of the Services requires payment of subscription fees as specified in your subscription plan. All fees are exclusive of applicable taxes unless stated otherwise.

7.2 Payment Terms

  • Subscription fees are payable in advance according to the billing cycle specified in your subscription plan
  • Payment must be made using an approved payment method
  • We may change the fees for the Services by providing you with notice at least 30 days before the change takes effect
  • If your payment method fails or your Account is past due, we may suspend or terminate your access to the Services

7.3 Refunds

All fees are non-refundable except as expressly provided in these Terms or as required by law.

7.4 Taxes

You are responsible for all taxes associated with your use of the Services, except for taxes based on our net income.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Intellectual Property

The Services and all Intellectual Property Rights in and to the Services, including but not limited to software, designs, text, graphics, pictures, information, data, and other content, are owned by or licensed to us. Nothing in these Terms grants you a right or license to use any of our Intellectual Property Rights.

8.2 License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.

8.3 User Content

You retain all Intellectual Property Rights in and to any Content you submit, post, or display on or through the Services. By submitting, posting, or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, modify, publish, distribute, and display such Content for the purpose of providing and improving the Services.

8.4 Feedback

If you provide us with any feedback or suggestions regarding the Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.

9. CONFIDENTIALITY

9.1 Confidential Information

"Confidential Information" means all non-public information disclosed by one party to the other, whether orally, in writing, or by other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

9.2 Protection of Confidential Information

Each party agrees to:

  • Use the Confidential Information only for the purpose of performing its obligations under these Terms
  • Protect the Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care
  • Not disclose the Confidential Information to any third party without the prior written consent of the disclosing party

9.3 Exceptions

The obligations in Section 9.2 will not apply to information that:

  • Is or becomes publicly available through no fault of the receiving party
  • Was known to the receiving party prior to disclosure
  • Is rightfully obtained by the receiving party from a third party without restriction
  • Is independently developed by the receiving party without use of the Confidential Information
  • Is required to be disclosed by law or court order

10. PRIVACY

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

11. THIRD-PARTY SERVICES AND CONTENT

11.1 Third-Party Services

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content or practices of any third-party websites, services, or resources. Your use of such third-party websites, services, or resources is at your own risk and is subject to their terms and policies.

11.2 Third-Party Content

The Services may display content from third parties. We do not control, endorse, or adopt any third-party content and will have no responsibility for third-party content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable.

12. DISCLAIMERS

12.1 Services Provided "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

12.2 No Guarantee of Reliability, Accuracy, or Availability

We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content available through the Services.

12.3 No Control Over Delivery Execution

We do not guarantee that any delivery will be executed successfully, on time, or at all. We are not responsible for the actions or inactions of Drivers or Customers.

13. LIMITATION OF LIABILITY

13.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE CLAIM.

13.3 Exclusions

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FleetFlow and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to:

  • Your use of the Services
  • Your Content
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your violation of applicable laws or regulations

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

15. TERM AND TERMINATION

15.1 Term

These Terms will remain in effect until terminated by you or us.

15.2 Termination by You

You may terminate these Terms at any time by:

  • Deactivating your Account
  • Discontinuing your use of the Services
  • Notifying us of your intention to terminate

15.3 Termination by Us

We may terminate these Terms and your access to the Services, in whole or in part, at any time:

  • With notice for any reason
  • Immediately and without notice if you violate these Terms or any applicable law

15.4 Effect of Termination

Upon termination:

  • Your right to access and use the Services will immediately cease
  • We may delete your Account and all related information and Content
  • All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of South Africa, without giving effect to any choice or conflict of law provision or rule.

16.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) in force on the date when the notice of arbitration is submitted.

  • The number of arbitrators shall be one
  • The seat of arbitration shall be Cape Town, South Africa
  • The language of the arbitration shall be English
  • The decision of the arbitrator shall be final and binding

16.3 Exceptions to Arbitration

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights, confidential information, or other proprietary rights in any court of competent jurisdiction.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Services and supersede all prior or contemporaneous communications, representations, understandings, and agreements, whether written or oral.

17.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

17.5 Notices

All notices to us must be in writing and sent to the address provided in the "Contact Us" section. All notices to you will be sent to the email address associated with your Account or posted on our website.

17.6 Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from any cause that is beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemic, epidemic, civil unrest, terrorism, war, fire, flood, explosion, governmental actions, strikes, or other labor problems.

17.7 No Third-Party Beneficiaries

These Terms do not confer any rights, benefits, or remedies upon any person or entity other than you and us.

17.8 Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency relationship, or employment relationship between you and us.

18. CONTACT US

If you have any questions about these Terms, please contact us at:

FleetFlow
Email: info@fleetflow.co.za
Phone: 087 265 2153
Phone: 072 617 4839
Address: 87 Marjoram Avenue, Sinoville
Pretoria, 0129
South Africa