1.1 This website, www.freightmetrics.com.au (the Website), and the calculators, tools, spreadsheets, data and related services made available through it (together, the Services) are operated by Freight Metrics Pty Ltd ABN [insert ABN] (Freight Metrics, we, us, our).
1.2 These Terms of Use (Terms) apply to anyone who visits the Website or uses the Services (you, your). By using the Website, registering for an account or buying a subscription, you agree to these Terms. If you do not agree, please do not use the Website or Services.
1.3 If you use the Services on behalf of a business, you confirm you are authorised to accept these Terms for that business.
1.4 Our Privacy Policy explains how we collect and handle personal information. It forms part of these Terms.
2.1 The Services include operating cost calculators for road transport, aviation, marine and finance, a fuel levy calculator and related tools. They produce estimates based on the information you enter and on default or indicative values we supply. Examples of default values include fuel burn rates, aircraft values, maintenance and tyre costs, and suggested fixed costs.
2.2 Default and indicative values are general figures only. They may not reflect current market prices, your operation, your location or your equipment. You should replace them with your own figures wherever possible.
2.3 The Services provide general information only. They are not financial, taxation, accounting, legal, engineering, airworthiness or other professional advice. They do not take into account your objectives, financial situation or needs. Before you make a business decision based on the results, such as setting rates, buying or financing a vehicle, aircraft or vessel, or tendering for work, you should get advice from a suitably qualified professional.
2.4 You are responsible for the accuracy of the information you enter and for how you use the results.
3.1 Some Services require you to register an account. You must give accurate, current information and keep it up to date.
3.2 Each subscription is for one named user unless we agree otherwise in writing. You must not share your login details or allow anyone else to use your account.
3.3 You are responsible for keeping your password secure and for all activity on your account. Tell us promptly at [insert email] if you suspect unauthorised use.
4.1 Prices. Subscription prices are shown on our Pricing page in Australian dollars and [include / exclude] GST. We will issue a tax invoice for each payment.
4.2 Term. A subscription gives you access to the Services described on the Pricing page for the period you select (for example 1 month, 3 months or 12 months), starting when payment is confirmed.
4.3 Renewal. Subscriptions [do not renew automatically. You may renew at the end of your subscription period at the then-current price.] [If you introduce automatic renewal, replace this clause with clear renewal, reminder and cancellation terms.]
4.4 Payment. Payments are processed by third-party payment providers. We do not store your full card details.
4.5 Price changes. We may change our prices from time to time. A price change will not affect a subscription you have already paid for.
4.6 Refunds. We do not give refunds if you simply change your mind. This does not limit your rights under the Australian Consumer Law (see clause 10). If the Services have a major failure, or a problem we cannot fix within a reasonable time, you may be entitled to a refund.
4.7 Free trials. Trial versions may show limited results or features. We may change or withdraw a trial at any time.
5.1 You must use the Website and Services lawfully and in line with these Terms. You must not:
(a) copy, reproduce, sell, resell, sub-license, distribute or commercially exploit the Services, calculators, spreadsheets, formulas or data, except as these Terms allow;
(b) reverse engineer, decompile, scrape, extract or attempt to access the underlying formulas, code, databases or locked content, or get around any access controls;
(c) use the Services to build a competing product or service;
(d) upload or transmit viruses, malware or any other harmful code, or interfere with the operation, security or performance of the Website;
(e) use automated tools (such as bots or scrapers) to access the Website without our written consent; or
(f) use the Website to infringe anyone’s rights, including intellectual property or privacy rights, or to send unsolicited commercial messages.
5.2 You may use the results you generate for your own internal business purposes. This includes sharing printed or exported results with your staff, customers, lenders, insurers or advisers in the normal course of your business.
6.1 We, or our licensors, own all intellectual property rights in the Website and Services. This includes the calculators, spreadsheet designs, formulas, databases, text, graphics, logos and software.
6.2 Subject to these Terms and payment of any applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to use the Services during your subscription period for your own internal business purposes.
6.3 “Freight Metrics” and our logos are our trade marks. You must not use them without our written permission.
6.4 Other product and company names shown on the Website, including aircraft, vehicle and equipment manufacturers and models, may be trade marks of their respective owners. They are used for identification only and do not imply any endorsement or association.
7.1 You keep ownership of the information you enter into the Services. You grant us a licence to store, process and use it to provide and support the Services. We may also use it in de-identified or aggregated form to maintain and improve them, as described in our Privacy Policy.
7.2 If you send us feedback or suggestions, we may use them without restriction or payment to you.
8.1 Some Services are hosted or delivered by third-party providers, such as spreadsheet hosting, website hosting and payment providers. The Website may also link to third-party websites.
8.2 We are not responsible for the content, availability or practices of third-party websites. A link does not mean we endorse the site. Your use of third-party services may be subject to their own terms.
9.1 We aim to keep the Website and Services available and accurate, but we do not guarantee uninterrupted or error-free access. Access may occasionally be suspended for maintenance, upgrades or reasons beyond our control.
9.2 We may update, improve or change the Services, including calculator layouts, default values and features. If a change materially reduces the Services you have paid for during a current subscription, you may contact us to discuss a pro-rata refund.
10.1 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
10.2 Where the ACL allows us to limit our liability for a failure to comply with a consumer guarantee, and the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to supplying the Services again or paying the cost of having them supplied again.
11.1 Subject to clause 10 and to the extent permitted by law:
(a) the Website and Services are provided on an “as is” and “as available” basis, and we exclude all warranties and conditions not expressly set out in these Terms;
(b) we are not liable for any loss arising from your reliance on estimates, default values or results produced by the Services, including pricing, rate-setting, purchasing, financing or tendering decisions;
(c) we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, contracts, data or goodwill, however it arises; and
(d) our total liability to you for all claims connected with the Website or Services is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.
11.2 Our liability is reduced to the extent that any loss is caused or contributed to by you, including by inaccurate information you entered or a breach of these Terms.
12.1 You agree to indemnify us against any loss, damage, cost or expense (including reasonable legal costs) that we suffer as a result of your breach of these Terms or your unlawful use of the Services. Your liability under this clause is reduced to the extent that the loss was caused by our negligence or breach.
13.1 You may stop using the Services at any time. Refunds are dealt with under clauses 4.6 and 10.
13.2 We may suspend or cancel your account if you materially breach these Terms, including clauses 3.2 or 5. Where reasonable, we will first give you notice and a chance to fix the breach. We may act immediately if the breach cannot be fixed or poses a risk to the Services or other users.
13.3 We may also end a subscription for any other reason by giving you reasonable notice and a pro-rata refund of any prepaid fees for the unused period.
14.1 We handle personal information in line with the Privacy Act 1988 (Cth) and our Privacy Policy.
14.2 We will only send you marketing emails in line with the Spam Act 2003 (Cth). You can unsubscribe at any time using the link in each message. We may still send you account and service messages, such as receipts and renewal reminders.
15.1 We may update these Terms from time to time, for example to reflect changes in the law or the Services. We will post the updated Terms on this page with a new “Last updated” date. If a change materially affects paying subscribers, we will notify them by email or on the Website at least 14 days before it takes effect.
15.2 If you do not agree with a change, you may stop using the Services. Where the change materially disadvantages you during a paid subscription, you may request a pro-rata refund for the unused period. By continuing to use the Services after a change takes effect, you accept the updated Terms.
16.1 Governing law. These Terms are governed by the laws of [State/Territory], Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State or Territory and the courts of the Commonwealth of Australia.
16.2 Severability. If any part of these Terms is invalid or unenforceable, it will be read down or severed to the extent necessary, and the rest of these Terms will continue in effect.
16.3 No waiver. A failure or delay by us in exercising a right does not waive that right.
16.4 Assignment. You may not transfer your account or subscription without our written consent. We may transfer our rights and obligations under these Terms to a successor to our business, provided your rights are not adversely affected.
16.5 Entire agreement. These Terms, the Privacy Policy and the details on our Pricing page are the entire agreement between you and us about the Website and Services.
16.6 Electronic communications. You agree to receive notices and communications from us electronically, and that these meet any legal requirement for communications to be in writing.
Freight Metrics Pty Ltd
PO Box 112, Maryborough, Victoria, Australia 3465
Email: admin@freightmetrics.com.au
Phone: +61 439 663 129
To report a suspected copyright infringement or other concern about content on the Website, contact us at the details above with enough information for us to identify the material.