Terms of Service

1. Agreement and Scope

These Terms of Service are a single agreement covering your use of the services operated by Farrell Transport Group Pty Ltd (ABN 64 646 273 592) ("we", "us", "our"):

• Our website at farrelltransport.com.au
• The Nexum Portal at nexum.net.au — including the administrator, subcontractor, driver, customer, sales and onboarding areas
• The DriverX mobile application for iOS and Android, and its connected services

Together these are "the Services". By accessing or using any of the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Eligibility and Accounts

Different parts of the Services are available to different people:

• The website is available to the general public.
• The subcontractor onboarding area of the Nexum Portal is available to businesses applying to work with us.
• All other portal areas and the DriverX app require an account issued by us or by your company administrator. DriverX is for authorised drivers of companies engaged by us, and access requires valid credentials and your company code.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials.
• You must not share your account with any other person.
• You must notify your administrator or us immediately if you suspect unauthorised access to your account.
• All activities performed under your account are your responsibility.
• If you enable biometric login on the DriverX app, you are responsible for controlling who is enrolled in your device's biometrics.

4. Acceptable Use

When using the Services, you agree to:

• Provide accurate and truthful information — including job records, prestart inspections, dockets, timesheets, compliance documents and onboarding details
• Use the Services only for legitimate work-related purposes
• Comply with all applicable road safety laws — do not interact with the DriverX app while driving
• Not attempt to reverse engineer, probe, disrupt or interfere with the Services or access data belonging to another user or company
• Not use the Services to transmit harmful, offensive, or unlawful content
• Only capture information about other people (such as a delivery receiver's signature) as needed to complete a job, and for no other purpose

5. Location Tracking and Monitoring

The DriverX app records your location continuously for the duration of a shift — from clock-on to clock-off, including breaks, and including while the app is in the background or your phone is locked. This tracking, along with fatigue hour monitoring and related work records, is a condition of using DriverX for shift work: the app will not allow you to clock on if your device's location permissions or battery settings prevent tracking, and tracking cannot be switched off during a shift.

By clocking on you consent to this collection as described in our Privacy Policy. No location data is collected outside shifts.

6. Safety Compliance and Automated Features

The Services help us meet obligations under heavy vehicle national law, workplace safety law and Chain of Responsibility duties. As part of this, some actions are automated, and you acknowledge that the Services may:

• Require a completed vehicle prestart inspection before work
• Monitor work and rest hours, issue fatigue alerts and record breaches — fatigue alerts are high-priority notifications that may sound even when your phone is on silent or Do Not Disturb
• Automatically clock you off at your legal daily work limit
• Restrict job steps that are attempted away from the expected location
• Require app updates — the app updates itself over the air and outdated versions may be blocked until updated

Automated records (such as a recorded fatigue breach) can be reviewed with your administrator, and corrections to time records can be requested through the app.

7. Subcontractors

If you are or apply to become a subcontractor, additional agreements accepted during onboarding — including the Agency Agreement, RCTI Agreement, Terms & Conditions of Subcontract, and the related declarations — govern your commercial relationship with us. If there is any inconsistency between those agreements and these Terms, those agreements prevail. Information and documents submitted through onboarding must be true, correct and kept current, and compliance documents are subject to verification by our team before approval.

8. Customers

The customer portal provides visibility of your jobs, quotes and invoices with us. The information displayed is provided for convenience and does not replace the commercial terms agreed between your company and us. If portal information conflicts with an issued document (such as a tax invoice), the issued document prevails.

9. Data and Content

Job records, dockets, photos, prestart checks, signatures, compliance documents and other content submitted through the Services are stored on our systems. Work records belong to us and, where applicable, to your employing or contracting company. You grant us the right to store, process, and transmit this content as necessary to provide the Services and meet our legal obligations.

For details on how we handle personal information, see our Privacy Policy.

10. Availability and Updates

We strive to maintain the availability of the Services but do not guarantee uninterrupted service. The DriverX app includes offline functionality for core features, and queued records are uploaded when connectivity returns. We may change, add or remove features at any time, and continued use constitutes acceptance of changes.

11. Intellectual Property

The Services, including the Nexum platform, the DriverX app, and all associated software, designs and branding, are owned by Farrell Transport Group Pty Ltd. You are granted a limited, non-exclusive, non-transferable licence to use the Services for their intended purpose while you are authorised to do so.

12. Limitation of Liability

To the maximum extent permitted by Australian law, we are not liable for any indirect, incidental, or consequential damages arising from your use of the Services. The Services are provided "as is" without warranties of any kind, except as required by the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee or right you have under that law.

13. Termination

Your access to the Services may be terminated by your company administrator or by us at any time. Upon termination, your right to use the Services ceases immediately. Job records and compliance data will be retained as required by law, as described in our Privacy Policy.

14. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated through the Services. Continued use after changes constitutes acceptance.

16. Contact

For questions about these Terms, contact us at: