Algemene voorwaarden

This is where the fine print lives. It’s really just a bunch of legal stuff to ensure we’re all on the same page. Makes for some good weekend reading if you’ve got time to spare!

These Terms and Conditions govern the use of the Fleetfines.com platform.

Your consent

By using our platform, you consent to our privacy policy.

Changes

If we decide to change these terms and conditions (including our privacy policy), we will post those changes on this website.

Contacting Us

If you have any questions regarding these terms and conditions you may contact us at contact@fleetfines.com.

Introduction

This website and any related applications is a product and service by Fleetfines.com (“Fleetfines.com”) which is part of Gearlab B.V. Fleetfines.com is a company duly incorporated in accordance with the laws of the Netherlands. The registered postal and business address of Fleetfines.com is Van Musschenbroekstraat 41 with postal code 3514XH in Utrecht.

– The word “Tenant” will refer to any partner and/or subsidiary that uses this service to service their clients as a value-added product or refer any client to Fleetfines.com.
– The word “Agent” will refer to any service provider and/or partner and/or subsidiary that works in conjunction with Fleetfines.com to provide the services as discussed herein.
– Fleetfines.com and this website offers a traffic fine liability discharge service, fleet management and vehicle administration services.
– The terms of service and conditions herein applies to all electronic services provided by Fleetfines.com including websites and applications (thus “service” hereinafter will refer to all websites and applications).

These terms and conditions govern your use of this service; by using this service, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this service. This service is integrated with third party service providers who are authorised to access information relating to road and traffic infringements issued by the relevant local issuing authority. All fine information that is furnished to you is received by us from such service providers who in turn obtain it from the local issuing authorities. All licensing and vehicle data is retrieved by us from third party service providers or agents.

As Fleetfines.com is reliant on the information received by it from third parties, and has no way of verifying this information independently, Fleetfines.com is not liable or responsible for inaccurate information received by service providers and/or agents.

General

This website is governed by the laws of the Netherlands. The Dutch courts shall have exclusive jurisdiction in regard to any dispute arising out of this service.

IP

Unless otherwise stated, Fleetfines.com or persons related to it (as defined in the 2022) owns the intellectual property rights pertaining to this service and material in the service. Subject to any license granted as set out herein, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the service for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

– republish material from this service (including republication on another service);
– sell, rent or sub-license material from the service;
– show any material from the service in public;
– reproduce, duplicate, copy or otherwise exploit material on this service for a commercial purpose;
– edit or otherwise modify any material on the service; or
– redistribute material from this service except for personal use or use within your organisation if you are a juristic person.

Use

You must not use this service in any way that causes, or may cause: damage to the website or application; impairment of the availability or accessibility of the website or application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this service without Fleetfines.com express written consent. You must not use this service to transmit or send unsolicited commercial communications. You must not use this service for any purposes related to marketing without Fleetfines.com express written consent. You may not use this service to collect fines and vehicle administration service data to perform these functions yourself. Fleetfines.com may at any time disable your user ID and password at its sole discretion without notice or explanation.

Privacy Policy and Information

Fleetfines.com respects your privacy and is committed to protecting it. We operate in compliance with the Protection of Personal Information Act no 4 of 2013 and regulations. This Privacy Policy is intended to inform you of our privacy practices and of the choices you can make about the way your information is collected online and how that information is utilized by us.

Certain pages on the website have been structured so that you can access the website without identifying yourself or revealing any personal information. However, should you wish to make full use of the website, you will be required to register and provide us with personal information and accordingly we have made this notice readily available on the home page of the website.

When you register on the website we need to collect certain personal information about you in order to provide you with the services you have requested. This information may include, but is not limited to: i) Name; ii) Registration no or ID number; iii) Email Address; iv) Contact Telephone Numbers.

Once you choose to register on the website and provide us with personal information, it will be used for the purposes of providing you with the services. We respect your privacy and undertake not to sell, rent or lease your personal information to others. We will not disclose your personal information without your consent or as required by law enforcement action, subpoena or local law. Certain non-personal information may be collected while you are using the website. This will comprise of data about usage and service operation that is not associated with a specific personal identity. Fleetfines.com may collect and use this non-personal information to evaluate how the website is being used.

Personal data given to Fleetfines.com may be transferred across provincial and national borders for the purposes of data consolidation, storage and simplified customer information management. Personal data given to Fleetfines.com will be shared with Agents for purposes of providing the services to you. You confirm that you consent to the transfer and use of your personal information for these stated purposes. Except as stated herein will not share personal information with any third parties without your permission, unless required by law enforcement action, subpoena, or local law. Fleetfines.com will not use your personal information for a different purpose than the one stated when you provided your data. Fleetfines.com undertakes to take all reasonable measures to protect the information you provide.

Warranties

This service is provided “as is” without any representations or warranties, express or implied. Fleetfines.com makes no representations or warranties in relation to this service or the information and materials provided on this service. Without prejudice to the generality of the foregoing paragraph, Fleetfines.com does not warrant that: this service will be constantly available, or available at all; nothing on this service constitutes, or is meant to constitute, advice of any kind.

Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Fleetfines.com TO YOU. EACH OF THE SUBCLAUSES BELOW ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

Fleetfines.com will not be liable to you (whether under the law of contract, the law of delict or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this service: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. Fleetfines.com will not be liable for any incorrect information and/or fine-data. Fleetfines.com will not be liable for any loss or damages suffered by you due to fines that you are unaware of or which do not appear in any quotation or statement provided to you. Fleetfines.com in no way guarantees complete and national coverage. Fleetfines.com will not be liable for any act and/or omission by a Tenant and/or Agent.

These limitations of liability apply even if Fleetfines.com has been expressly advised of the potential loss. By using this service, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.

You accept that Fleetfines.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fleetfines.com officers or employees in respect of any losses you suffer in connection with the service. You agree that the limitations of warranties and liability set out in these terms and conditions will protect Fleetfines.com officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Without prejudice to Fleetfines.com other rights under these terms and conditions, if you breach these terms and conditions in any way, Fleetfines.com may take such action as they deems appropriate to deal with the breach, including suspending your access to the service, prohibiting you from accessing the service, blocking computers using your IP address from accessing the service, contacting your internet service provider to request that they block your access to the service and/or bringing court proceedings against you.

Your sole and exclusive right and remedy in case of dissatisfaction with the service, or any other grievance in connection with your use of the service, shall be your termination and discontinuation of access to, or use of, the service.

Variation

Fleetfines.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this service from the date of the publication of the revised terms and conditions on this service. Please check this page regularly to ensure you are familiar with the current version.

Fleetfines.com may transfer, sub-contract or otherwise deal with Fleetfines.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Fees, Payments and Discounts

Fleetfines.com shall furnish you with a quotation reflecting a fixed amount which Fleetfines.com will charge you to procure that your liability in respect of the fine with the relevant local issuing authorities is discharged inclusive of the fine itself and the services provided by Fleetfines.com to procure such discharge (“settlement amount”). The settlement amount quoted is valid for 7 days only. Once the quotation is accepted by you and the amount is paid by you to Fleetfines.com, Fleetfines.com undertakes to procure that your liability in respect of the fine in question is discharged. If the settlement amount is more or less than the actual cost incurred by Fleetfines.com to procure that your liability in respect of the fine is discharged, then such shortfall or surplus, as the case may be, shall be for the cost or benefit of Fleetfines.com. During the process of providing the services to procure such discharge, but prior to the actual discharge of your liability for the fine, a portion of the settlement amount, as determined by Fleetfines.com acting reasonably, shall be deemed earned by Fleetfines.com, as and when Fleetfines.com completes each step in its process to procure such discharge. Notwithstanding any provision herein, any portion of the settlement amount not already earned as aforesaid, shall, upon discharge of your liability for the fine for any reason (whether through the services of Fleetfines.com or by operation of law) be deemed fully earned by Fleetfines.com.

By accepting the quotation and making payment of the settlement amount to Fleetfines.com, you authorise a representative of Fleetfines.com to act on your behalf in relation to the fine, including to communicate with any relevant person, and to deal with the fine in any manner which Fleetfines.com deems fit for purposes of having your liability in respect of such fine discharged.

Regarding Companies

The contact person and/or representative of the company warrants that he/she has the full authority to operate the account of the company. The company representative operating this system on behalf of the company warrants that the company agrees to these terms and conditions.

Miscellaneous

When you register on the website, you consent to us using your personal information for purposes of sending to you marketing and promotional materials in relation to our products or services. You may opt out of receiving further marketing and promotional communications or change how you receive such communications, at any time, by way of clicking on the unsubscribe button at the bottom of any email we send you or by sending an email to hello@fleetfines.com requesting to unsubscribe or change your communication preferences.