These Terms of Service are subject to the agreement between LBM and the entity subscribing to the services (“Customer”). As part of our Service delivery, LBM provides access to Services to End Users of the Customer. The End User is bound to these Terms of Service in respect to their access and usage of LBM’s Service.
“LBM” means (i) LBM FLEET PTY LTD, with offices at Level 4, 275 Alfred Street N, North Sydney NSW 2060 Australia, and (ii) and LOGBOOK ME PTY LTD, with offices at Level 4, 275 Alfred Street N, North Sydney NSW 2060 Australia.
These Terms of Service are effective as of the date you click the “I Accept” button (the “Effective Date”). If you are accepting on behalf of someone else, you represent and warrant that: (i) you have full legal authority to bind that person to these terms; (ii) you have read and understand these Terms of Service; and (iii) you agree on behalf of that person that you represent to this Terms of Service. These Terms of Service governs Customer’s access to and use of the Services as ordered in the applicable Order Form including end users.
1. Services. LBM will provide the Services ordered by the Customer in accordance with the applicable terms. The End User may use the Services in accordance with this Agreement.
1.1 Facilities and Data Transfer. All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where LBM stores and processes its own information of a similar type. As part of providing the Services, LBM will only transfer, store and process Customer Data in Australia. By using the Services, Customer consents to this transfer, processing and storage of Customer Data.
1.2 New Features or Services. LBM may make new applications, modules, features or functionality for the Services available from time to time, the use of which may be contingent upon Customer’s agreement to additional terms. These changes, if material, will require and trigger an new “I Accept” button for End Users to accept.
2. Obligations.
2.1 Compliance. Customer will (a) ensure that Customer and its End Users’ use of the Services, including all access to and use of Customer Data by it and its End Users, complies with these Terms of Service and with any of its applicable contract terms or policies, including any employment contracts or employer’s policies regarding technology usage, security, or confidentiality; (b) use commercially reasonable efforts to prevent unauthorised access or use of the Services; (c) use the Services for the intended purposes only; and (d) promptly notify LBM of any unauthorised use of, or access to, the Services of which Customer becomes aware.
2.2 Administration of Services.
(a) Manage Portal. LBM will provide Customer access to the Manage Portal for the Administrator to manage its use of the Services (and use of the Services by its End Users, if applicable). Customer may use the Manage Portal to specify one or more Administrators who will have the rights to access Admin Account(s). Customer is responsible for: (a) maintaining the confidentiality and security of the End User Accounts and associated passwords; and (b) any use of the End User Accounts. Customer agrees that LBM’s responsibilities do not extend to the internal management or administration of the Services for Customer or any End Users.
(b) Administrator Access to End User Accounts. An Administrator will have the ability to access, monitor, use, modify, withhold, or disclose Customer Data associated with any End User Accounts and control End User’s access to the Services. An Administrator may also have the ability to: (i) control account settings for End User Accounts (including resetting End User Account passwords) and (ii) remove or disable any Services or Additional Products or other services/products enabled or installed using the End User Account. Use of Additional Products or other services/products with the End User Accounts is at Customer’s own risk.
(c) Consents. Customer will obtain and maintain all required consents to permit: (i) Customer’s, and its End Users’ if applicable, use of the Services; and (ii) accessing, storing, and processing of Customer Data under these Terms of Service.
2.3 Use Restrictions. Customer will not, and will not allow End Users or third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any of the source code of the Services (except to the extent such restriction is expressly prohibited by applicable law); (b) sublicense, transfer or distribute any of the Services; (c) sell, resell, or otherwise make the Services available to a third party as part of a commercial offering that does not have material value independent of the Services; or (d) access or use the Services: (i) for High Risk Activities; (ii) in a manner intended to avoid incurring Fees; or (iii) for materials or activities that are subject to the breach of any laws or regulations.
3. Support Services. LBM will provide SS to Customer and End Users during the Order Term. If Customer orders the Services from Reseller, then Customer acknowledges and agrees that Reseller may disclose Customer Data to LBM as reasonably required in order for Reseller to handle any support issues that Customer escalates to or via Reseller.
4. Definitions.
- “Account” means Customer’s LBM account credentials and correlating access to the Services under this Agreement.
- “Additional Products” means products, services and applications that are not part of the Services but that may be accessible for use with the Services.
- “Admin Account” means a type of End User Account that Customer (or Reseller, if applicable) may use to administer the Services.
- “Manage Portal” means the online console(s) and tool(s) provided by LBM to Customer for administering the Services.
- “Administrators” mean the Customer-designated technical personnel who administer the Services on Customer’s behalf, and may have the ability to access Customer Data and End User Accounts.
- “End Users” means the individuals Customer permits to use the Services and who are managed by an Administrator.
- “End User Account” means a LBM account established by Customer through its Administrator for an End User to use the Services.
- “Reseller” means, if applicable, the authorized non-Affiliate third party reseller that sells the Services to Customer.
- “SS” means the technical support services provided by LBM to Customer and End Users.
