Terms of Service

1. Who this agreement is between

These terms are between HA Assure Group Pty Ltd (ABN 64 701 384 787) of Perth, Western Australia ("HA Assure", "we", "us") and the business that subscribes to Rental DB ("you", "the Subscriber"). By ticking the acceptance box at sign-up you confirm you are authorised to bind that business.

2. What we provide

Rental DB is software supplied as a service. We provide access to the platform, hosting, and support. We provide the tools you use to run your vehicle hire business; we do not run any part of that business.

3. What we do not do — the boundary

This is the most important clause in this agreement. HA Assure is a software provider only. We are not a party to any hire, any vehicle purchase, any finance arrangement, or any arrangement between you and a vehicle owner, and we hold no interest in any vehicle recorded in the platform. In particular, we do not:

• hire, own, lease, supply, store, maintain, inspect, or repair any vehicle;
• assess, approve, or decline any hirer;
• hold, handle, or remit money on your behalf, or act as your agent for payment;
• debit, charge, or take payment from any of your clients, or hold their card or account details — you collect your own money and record it in the platform afterwards;
• supply, review, or endorse the wording of any agreement you issue to your own clients;
• provide legal, accounting, taxation, insurance, or credit advice; or
• supply, operate, host, or receive data from any telematics or GPS device.

Everything the platform records is information you or your staff have entered. Its accuracy is your responsibility.

4. Your obligations

You are responsible for holding every licence, registration, permit, and insurance your business requires; for complying with all laws applying to vehicle hire, consumer credit, privacy, and surveillance in your jurisdiction — including, if you track your vehicles by any means, obtaining the consents the Surveillance Devices Act 1998 (WA) requires from the person in possession of the vehicle; for the content and legal effect of the agreements you issue; for the accuracy of what you enter; and for the conduct of every user you invite to your account.

5. Users and access

You control who has access to your account and what they may do. You must keep credentials secure and remove access promptly when someone leaves. Anything done through your account is treated as done by you.

6. Your data

Your data remains yours. We do not sell it and we do not use it to compete with you. We process it to operate the platform, and we may use aggregated, de-identified statistics to improve it. You may export your data at any time while your subscription is active. See our Privacy Policy.

7. Fees

The subscription fee is stated at sign-up and is charged monthly in advance. HA Assure is not currently registered for GST, so no GST is charged. If we become registered we will give you notice before GST is added. Fees are non-refundable for a period already commenced, except where the Australian Consumer Law requires otherwise.

8. Cancellation

You may cancel at any time, effective at the end of your current paid month. You will keep access until then. We do not require you to telephone or email us to cancel — you can do it from your account.

9. Availability

We aim for high availability but do not promise uninterrupted service. We may take the platform down for maintenance, and will give notice where we reasonably can.

10. Liability

Nothing in this agreement excludes, restricts, or modifies any guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where the law permits us to limit our liability, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

Subject to the paragraph above, and to the maximum extent the law allows, our total aggregate liability arising out of or in connection with this agreement is limited to the subscription fees you paid us in the twelve months before the claim arose, and we are not liable for loss of profit, loss of revenue, loss of data, or any indirect or consequential loss.

We are not liable for any loss arising out of a hire, a vehicle, a hirer, a vehicle owner, a finance arrangement, a fine or infringement, an accident, or any decision you make using information in the platform.

11. Changes to these terms

We may update these terms. We will give you at least 30 days' notice by email before a change that materially affects you takes effect, and you may cancel without penalty before it does. Continuing to use the platform after that date means you accept the new version. Each version is published with its own version number and date, and the version you accepted is recorded against your account.

12. Suspension and termination

We may suspend or terminate your account if you do not pay, if you use the platform unlawfully, or if your use threatens the security of the platform or other subscribers. Except where the issue is urgent or unlawful conduct is involved, we will tell you the problem and give you a reasonable chance to fix it first. On termination you have 30 days to export your data.

13. General

These terms are governed by the laws of Western Australia, and you and we submit to the courts of that State. If a clause is unenforceable it is severed and the rest continues. Our failure to enforce a right is not a waiver of it.

14. Contact

HA Assure Group Pty Ltd (ABN 64 701 384 787) — info@ha-assure.com