These Terms and Conditions (“Terms”) govern access to and use of the website, site and fleet portals, and driver mobile application operated by Pathpoint Pty Ltd (ABN 26 692 283 873) (“PathPoint”, “we”, “us”, “our”), together the “Services”. By creating an account, accepting an invitation, or otherwise accessing or using the Services, you agree to be bound by these Terms. If you are accessing the Services on behalf of an organisation, you confirm you have authority to bind that organisation, and “you” includes that organisation.
If you do not agree to these Terms, do not access or use the Services.
“Customer” means a site operator, transport company, or other business that has an agreement with PathPoint to use the Services.
“Site Manager” means a user who manages a site through the site portal.
“Transport Company” means a business that manages a fleet and drivers through the fleet portal.
“Driver” means an individual who uses the PathPoint driver app.
“User” means any individual who accesses the Services, including Site Managers, Transport Company administrators, and Drivers.
“Content” means site plans, sketches, evacuation maps, safety and induction documents, receipts, and other materials uploaded to the Services.
PathPoint is a real-time platform that overlays customer site plans onto map tiles and connects site managers, transport companies and drivers, including features for site management, marshalling and queuing, fleet and driver management, near- and on-site navigation, and activity and document logging. Site maps are built by PathPoint staff from plans, sketches or emergency evacuation maps supplied by the Customer.
You must be at least 18 years old and, where applicable, hold a valid driver’s licence appropriate to the vehicle you operate.
Transport Companies onboard Drivers by email invitation. Drivers must confirm their vehicle registration and other details as prompted in the app before undertaking a trip.
You must provide accurate, current and complete information when creating or updating an account, and promptly update it if it changes.
You are responsible for maintaining the confidentiality of your login credentials, including where you sign in via Google or Apple, and for all activity that occurs under your account. Notify us immediately of any unauthorised use.
Site Managers and Transport Company administrators are responsible for the accuracy of information they input or upload about their personnel, vehicles and drivers, and for ensuring they have the right to provide that information to PathPoint.
The driver app uses GPS and geofencing to provide navigation, queue position, and entry/exit logging. Location accuracy can be affected by GPS signal, device settings, connectivity, and the accuracy of site plans supplied by Customers. PathPoint does not guarantee that navigation, queue, or location information will be accurate, complete, or available at all times, and Users must exercise their own judgment and comply with site personnel instructions, signage and applicable law regardless of information shown in the Services.
Customers retain ownership of Content they upload or supply (including site plans, sketches and documents) and personal information they input about their personnel. By uploading or supplying Content, you grant PathPoint a non-exclusive, worldwide licence to host, reproduce, adapt and display that Content solely to provide and improve the Services, including building navigable site maps. You are responsible for ensuring you have the necessary rights and consents to upload Content and to provide personal information about your personnel to PathPoint.
Where the Services are provided under a paid subscription or pilot agreement with a Customer, fees, invoicing and payment terms will be set out in a separate order form or agreement with that Customer. Unless otherwise agreed in writing, fees are non-refundable and PathPoint may suspend access for overdue payment.
The Services may incorporate or rely on third-party services, including Google and Apple Sign-In and mapping/map-tile providers. Your use of those third-party services is also subject to the relevant third party’s terms and privacy policy. PathPoint is not responsible for the availability or performance of third-party services.
Except for Content supplied by Customers, all intellectual property in the Services, including software, design, trademarks and the PathPoint name and logo, is owned by or licensed to PathPoint. Nothing in these Terms transfers any intellectual property rights to you, except the limited licence to access and use the Services in accordance with these Terms.
Each party must keep confidential any non-public information disclosed by the other party in connection with the Services and use it only for the purpose of receiving or providing the Services, except where disclosure is required by law or with the disclosing party’s consent.
PathPoint collects, uses and discloses personal information in accordance with our Privacy Policy, available at pathpoint.co, which forms part of these Terms.
To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. PathPoint does not warrant that the Services will be uninterrupted, error-free, or completely secure. Nothing in these Terms excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.
To the maximum extent permitted by law, PathPoint’s total liability arising out of or in connection with the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by the relevant Customer for the Services in the 12 months preceding the event giving rise to the claim. PathPoint is not liable for any indirect, special, incidental or consequential loss, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such loss. Where PathPoint’s liability cannot be excluded but may be limited under the Australian Consumer Law, PathPoint’s liability is limited, at its option, to re-supplying the Services or paying the cost of having the Services re-supplied.
You agree to indemnify and hold PathPoint harmless from and against any claims, losses, liabilities and expenses (including reasonable legal costs) arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right, except to the extent caused by PathPoint’s negligence or wilful misconduct.
We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms, if required to comply with the law, or where necessary to protect the safety, security or integrity of the Services or other users. A Customer may terminate its use of the Services in accordance with its separate agreement with PathPoint, or, where no such agreement exists, by ceasing use and providing written notice. Sections that by their nature should survive termination (including sections 9, 10, 12, 13, 14 and 17) will survive.
We may update these Terms from time to time to reflect changes to the Services or our legal obligations. The updated Terms will be posted with a revised effective date. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If a change materially reduces your rights, we will use reasonable efforts to notify affected Customers in advance.
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
Entire agreement: these Terms, together with our Privacy Policy and any separate agreement with a Customer, constitute the entire agreement between the parties regarding the Services.
Severability: if any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
Assignment: you may not assign or transfer your rights under these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
No waiver: a failure to enforce any provision is not a waiver of that provision.
Notices: notices to PathPoint should be sent to the contact details in section 19.
Pathpoint Pty Ltd
Email: admin@pathpoint.co
Address: Ground Suite 2/24 Young St, Wollongong NSW 2500
