Terms and Conditions
Track My Ride Pty. Ltd. ABN 71 617 307 570 offers tracking devices for vehicles and an accompanying software platform to help businesses and private individuals secure, manage and track their vehicles and team members.
1. Acceptance and Term
1.1. Track My Ride Pty. Ltd. ABN 71 617 307 570 (Track My Ride, we, us or our), own this website, the Software, the Hardware and the Services which are accessible via our mobile applications available on the Apple Store and Google Play Store, and accessible at trackmyride.com.au, and may be available through other addresses and channels (Site). These Terms are entered into between you and us, together the Parties and each a Party.
1.2. These Terms:
a) set out the terms and conditions upon which we sell Hardware to customers;
b) set out the terms and conditions upon which we grant you a right to use the Software, Site and the Services; and
c) are binding on you from the date on which you accept these Terms until the date on which these Terms and your Account (if applicable) are terminated in accordance with the Terms (Term).
1.3. In these Terms, “you” means (as applicable): (a) the entity (for example the company) registered with us as an Account and/or accessing the Services; or (b) the individual accessing or using the Services.
1.4. If you are using the Services on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s Personnel to these Terms.
1.5. You warrant that you are 18 years of age or older and have the legal authority to enter into these Terms.
1.6. By using or accessing the Site, Hardware or Services, and/or by agreeing to these Terms when you create or use an Account, you agree that you have read, understood and agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT USE OR ACCESS THE SITE, HARDWARE AND SERVICES, AND MUST CEASE ALL USAGE OF THE SITE, HARDWARE, AND SERVICES IMMEDIATELY.
1.7. If you were invited to use the services by another user, you are an Authorised User.
2. Purchasing Hardware
2.1. You may order Hardware from us as set out on the Site. Any order placed through the Site is an offer by you to purchase particular Hardware for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
2.2. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
2.3. Each order that we accept results in a separate binding agreement between you and us for the supply of Hardware in accordance with the Terms.
2.4. It is your responsibility to check the order details, including selected Hardware model and pricing, before you submit your order through the Site.
2.5. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing address and a description of what was ordered.
2.6. You must pay the Hardware Price for each piece of Hardware you order plus any applicable Delivery Costs based on the delivery options selected by you as set out on the Site in accordance with this clause. All amounts are stated in Australian dollars. We display Delivery Costs separately from the Hardware Price. Where you order Hardware for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Hardware Price.
3. Availability, cancellation and returns
3.1. All purchases made through the Site are subject to availability. We do our best to keep Hardware in stock and to keep the Site up to date with the availability of Hardware.
3.2. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Hardware you ordered (for example for an event beyond our reasonable control) or if the Hardware you ordered was subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on back-order. If you choose to place your order on back-order, we will contact you to arrange delivery once the Hardware is available.
3.3. We do not accept returns or issue refunds for change of mind.
4. Delivery, title and risk
4.1. If possible, we will deliver the Hardware to the delivery address you provide when making your order. We deliver Australia wide. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
4.2. We endeavour to dispatch Hardware within 72 hours of receiving payment for an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
4.3. We may deliver the Hardware using a range of delivery methods.
4.4. Title in any purchased Hardware will remain with us until the later of (i) receipt by us in full of the Hardware Price or (ii) the Delivery Date. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest on or over the Hardware.
4.5. Risk in any purchased Hardware will pass to you as soon as it is delivered to the delivery address you provided in your order. Once risk in the Hardware passes, you will be solely responsible for the Hardware.
5. Services and Subscriptions
5.1. In consideration of your payment of the Hardware Price and Subscription Fee, we will provide the Services in accordance with these Terms.
5.2. When you register an Account and create a Subscription to use the Services and accept these Terms through the Site you will become a subscriber. As a subscriber with an Account you may access the Services to customise your Account, set up Authorised User accounts, link Hardware and to access and use the Services, subject to you selecting and paying for a Subscription, as set out below.
5.3. Once you have an Account, you can activate and link all Hardware you purchase from us to your Account from within your Account.
5.4. You must ensure that any information you provide to us, or we request from you, for your Account, is complete and accurate and you are authorised to provide this information to us.
5.6. We are not responsible for the management or administration of your Account or your Authorised Users.
6. Payment for Subscriptions and Services
6.1. Unless you’re in a free trial or other offer period, you’ll need to pay for a Subscription based on the pricing of your selected Subscription. The pricing details and other terms of your Subscription are explained when you select your Subscription on the Site.
6.2. To access the Services, you must maintain an active Subscription set out on the Site or be an Authorised User of an account with an active Subscription.
6.3. Your Subscription Fee will be dependent on your chosen pricing plan (Subscription). We may update or amend the pricing plan from time to time.
6.4. Your Subscription may begin with a free trial. The free trial period of your Account will last for the period specified on the Site. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible.
6.5. Any applicable Hardware bundled sign-up bonus such as “3 months free tracking service”, “90 days free tracking service”, “60 days free tracking service”, or “30 days free tracking service” is applicable for new accounts with the purchase of a new Track My Ride GPS tracker that comes bundled with this offer and is redeemed automatically with the creation of a new Account once only.
6.6. If you do not cancel your Account during the free trial period, we will charge your chosen payment method for the Subscription you have chosen and its corresponding Subscription Fee on the day your free trial ends. If your payment method cannot be charged, you will not be able to access the Services once the free trial ends.
6.7. You agree to pay us the Subscription Fee to benefit from our Services, at the interval described in your Subscription, throughout the duration of your Subscription.
6.8. In some cases, your payment date may change, for example, if payment is unable to be processed or if your Subscription began on a day not contained in a given month.
6.9. We may modify the Subscription Fee from time to time upon notice to you. The updated Subscription Fee will apply in the next billing cycle after the change has occurred. If you do not agree to the fee change, you may cancel your Subscription before the next billing cycle.
6.10. You may, as a corporate entity, select to receive a custom quote for our Hardware and Services. In this instance, the parties must agree on the fees and payment terms in writing and we will issue invoices to you for the Hardware and Services outside of the Site and you must pay these invoices in accordance with the agreed payment terms. To the extent of any ambiguity or discrepancy between the agreed upon payment terms and the Terms, the payment terms agreed between the parties will prevail.
6.11. Other than as expressly stated in these Terms, to the maximum extent permitted by law, any Subscription Fees paid are non-refundable and there will be no refunds for any unused part of your Subscription.
6.12. You may upgrade or downgrade your Subscription at any time using your Account settings. Unless otherwise agreed between the Parties, if you upgrade your Subscription, the payment method linked to your account will automatically be charged the Subscription Fee on a pro rata basis for your Subscription at the time you upgrade. If you downgrade your Subscription, your downgrade will be scheduled to occur at the start of your next billing cycle.
6.13. Subscriptions automatically renew for additional periods equal to the preceding term, unless you terminate your Subscription in accordance with the Termination clause below.
6.14. The Hardware has a built in Sim Card that is not user serviceable and is intended to be used by the Hardware only to provide data connections to our servers. Any unauthorised usage of the Hardware, Software or parts of the Hardware or Sim Card by you, your Personnel or Authorised Users in a way not authorised by us which causes a financial liability to us will be billed to you at the price charged to us by our telecommunications service providers in addition to any other applicable fees. If you use the Sim Card from Hardware provided by us in any way not authorised by us you are liable for any data usage associated with that Sim Card, charged at AU$1.50 + AU$0.15 GST (Total Price AU$1.65) per megabyte.
7. Licence and restrictions on use
7.1. Subject to the payment of any applicable Subscription Fee and your Authorised Users’ compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable (except to Authorised Users’ or as otherwise permitted under these Terms), personal and revocable licence to access and use the Services for the Term in accordance with any usage limits set out in your Subscription (Licence).
7.2. You must not (and must ensure your Authorised Users do not) access or use the Services except as permitted by the Licence and you must not (and must not permit any other person to) use the Services in any way which is in breach of any applicable Laws or which infringes any person’s rights, including Intellectual Property Rights, including to:
a) use the Services to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or
b) use the Services in any way that damages, interferes with or interrupts the supply of the Services, Customer Data, Marketing Data or Track My Ride Data including location data; or
c) introduce or upload anything to our Site or Services that includes viruses or malicious code; or
d) reveal or allow others access to your Account’s password or authentication details or allow others to use your Account or authentication details (other than Authorised Users); or
e) carry out security breaches, penetration testing or disruptions of a network, including accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes) unless you have been expressly authorised by us to do so; or
f) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Services; or
g) if applicable, send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages, or use the Services in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
h) circumvent user authentication or security of any of our Services, networks, accounts or hosts or those of our other users.
8. Third Party Inputs
8.1. You acknowledge and agree that:
a) the provision of the Services may be contingent on, or impacted by, third parties, other customers’ use of the Services, suppliers, or subcontractors (Third Party Inputs); and
b) despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability, for any default or breach of these Terms or Law, if such default or breach was caused or contributed to by any Third Party Inputs.
c) Third Party inputs may include location based map image tiles which your use of this Service implies consent to use of their service.
8.2. You acknowledge that the Services include certain optional functionality that may interface or interoperate with third party software or services.
8.3. To the extent that you choose to use such functionality and they are not a part of the Services, you are responsible for the purchase of, the requirements and the licensing obligations related to the applicable third party software and services.
8.4. It is your responsibility to ensure these requirements are met in order for you to benefit from the specific functionality made available to you.
9. Support services
9.1. During the Term we will provide you with technical support services, via email and/or telephone during Business Hours if support services are included in your Subscription, or as otherwise agreed between the Parties, provided that where required, you assist us in investigating and ascertaining the cause of the fault and provide us with access to all necessary information relevant to the fault (including what you have done in relation to the fault).
9.2. The Track My Ride service centre operates during Business Hours only. We will deal with any reasonable request during these hours to offer support or rectify, repair or replace any fault with our Hardware or Software services.
9.3. Should you, during the course of a telephone conversation, in person, email or support ticket, make reference to “legal action” or say anything we might reasonably understand to imply or infer that you may intend to pursue a legal claim against us, we reserve the right to refuse support services going forward. Any further correspondence must then be by email only.
10. Development and Professional services
10.1. You may request development or professional services, including bespoke customisation to the scope or functionality of the Services (not set out in your Subscription), by providing written notice (including by email) to us.
10.2. We may, at our discretion, provide you with written notice in the form of a scope of services, a proposal or a statement of work (as applicable) covering the development or professional services requested and any further fee required for us to undertake the development or professional services.
10.3. If you agree to the scope of services, proposal or statement of work (as applicable), for the development or professional services, then we will provide the development or professional services to you in consideration for payment of the additional fee, which will form part of the price payable by you to us under these Terms.
11. Your obligations and conduct
11.1. You will not, and will ensure that your officers, employees and agents will not, use the Service (or any part of it) for any illegal, unlawful or offensive act and will ensure that it is used in accordance with all applicable laws, regulations, standards and industry codes of conduct.
11.2. You will comply with the reasonable directions of us from time to time regarding the use of the Service and Documentation.
11.3. You will only install and operate our Hardware in vehicles or equipment that you personally own or have written permission from the owner authorising the installation and operation of our Hardware and Services in the vehicle.
11.4. You will not install or operate our Hardware or Services in connection with the Service in any vehicle or equipment that is operated by a third party to you at any given time unless you have their written consent to do so.
11.5. Under no circumstances will we tolerate threatening or abusive behaviour from you towards our Personnel. Should this occur, we reserve the right to terminate the agreement effective immediately.
11.6. You agree to:
a) comply with these Terms, our reasonable requests or requirements, and all applicable Laws; and
b) provide all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions reasonably necessary to enable us to comply with our obligations under these Terms or at Law; and
c) ensure that only your Personnel and Authorised Users access and use the Services and such use and access is in accordance with these Terms; and
d) ensure all information provided to us is kept up-to-date and the email address you provide is valid and regularly checked; and
e) make any changes to your Environment, such as system upgrades, that may be required to support the delivery and operation of any Services or Hardware.
12.1. You agree to pay us as they fall due:
a) the Hardware Price (where applicable); and
b) all Delivery Costs (where applicable); and
c) the Subscription Fees; and
d) any other amount payable to us under these Terms,
in accordance with the payment terms.
12.2. You must pay the Hardware Price and Subscription Fee using one of the methods set out on the Site and you must not pay, or attempt to pay, the Hardware Price or Subscription Fee by fraudulent or unlawful means. If we offer payment via a third party payment processor, the third party payment processor’s terms and conditions will apply.
12.3. In the absence of fraud or mistake, all payments made are final. If you make a payment by direct debit, debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the direct debit bank account details, debit card or credit card to make the payment, that your payment will be honoured by your bank or card issuer, and that you will maintain sufficient funds in your account to cover the Hardware Price and/or Subscription Fee (as applicable).
12.4. In order to continue accessing our Services, you need to make timely payments based on the pricing plan (Subscription) you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your Account until the payment is made.
12.5. If any payment has not been made in accordance with these Terms, we may (at our absolute discretion):
a) immediately cease or suspend providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so (including the engagement of any debt collection services and/or solicitor’s fees to recover our costs); and/or
b) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment in accordance with this clause 12.
13.1. We represent, warrant and agree that:
a) We will be able to supply the Services with any guarantee of availability or accuracy.
b) Our services and all third-party products are made available to you on an “as is” basis. Subject to the exclusion in clause 18, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
c) That any Service provided to you by us is of a complicated and technical nature and may have minor or inherent defects of any nature. We will provide all reasonable programming and remedial actions to correct documented code errors which are caused by a defect in the Service within a reasonable time as deemed by us. Any such programming and remedial Services will be your sole remedy in respect of the supply of defective Service; and
d) We are properly constituted and have the right and authority to enter into these Terms; and
e) We will provide the Services in accordance with all applicable Laws; and
f) We will use reasonable effort to ensure all of our obligations under these Terms will be carried out:
1. by suitably competent and trained Personnel; and
2. in an efficient and professional manner.
13.2. You represent, warrant and agree that:
a) there are no legal restrictions preventing you from entering into these Terms; and
b) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
c) you have not relied on any representations or warranties made by us in relation to the Hardware and Services (including as to whether the Hardware and Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms; and
d) the Hardware and Services are provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, our Hardware and Services to third parties (other than Authorised Users) without our prior written consent; and
e) you will not use the Hardware and Services for any illegal purpose; and
f) you will not install the Hardware into any aircraft or drone; and
g) you will not use the Hardware or Services to track or monitor anyone that is not aware they are being tracked or has not given their express authorisation to be tracked; and
h) you will not alter or modify the Hardware in any way that is not contemplated by the purposes of the Hardware; and
i) you are not and have not been the subject of an Insolvency Event.
14. Intellectual Property
14.1. You agree that all Intellectual Property Rights:
a) in the Services, including the Software; and
b) in the Intellectual Property developed, adapted, modified or created by us, or our Personnel (including in connection with these Terms, the Software and the Services and any machine learning algorithms output from the Services); and
c) feedback; and
d) Trademark registrations, word and signature marks; and
e) all background and foreground Intellectual Property including and not limited to present and future rights in Copyright, Trademarks, Designs and Patents that are solely and exclusively the property of us or Track My Ride Holdings Pty Ltd (ABN 31 646 116 234)
f) will at all times vest, or remain vested, in us (or, if applicable, our third party service providers). To the extent that ownership of the Intellectual Property Rights do not automatically vest in us, you agree to do all acts necessary or desirable to assure our title to such rights.
14.2. You agree that we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
14.3. In the use of any Intellectual Property Rights in connection with these Terms, you must not (and you must ensure that your Personnel or Authorised Users do not) commit any Intellectual Property Breach.
14.4. This clause 14 will survive termination or expiry of these Terms.
15.1. When you enter or upload your Data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back-up or otherwise access all Data, including personal data of yourself and others, to:
a) supply the Services to you (including to enable you, your Authorised Users and your Personnel to benefit from the Services);
b) diagnose problems with the Services;
c) allow us to improve, develop and protect our Services; and
d) communicate with you about your Subscription; and
e) send you information we think may be of interest to you based on your marketing preferences; and
f) develop other services, provided we de-identify the Data; and
g) enhance and otherwise modify the Services; and
h) as reasonably required to perform our obligations under these Terms; and
i) disclose to third party service providers and partners to enable and support such purposes.
15.2. You must, at all times, ensure the integrity of the Data and that your use of the Data is compliant with all Laws.
15.3. You represent and warrant that:
a) you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in these Terms; and
b) the Data is accurate and complete; and
c) the Data (and its transfer to and use by us as authorised by you) under these Terms does not violate any Laws (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property Rights, rights of privacy, or rights of publicity; and
d) any use, collection and disclosure authorised in these Terms is not inconsistent with the terms of any applicable privacy policies.
15.4. We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it.
15.5. You acknowledge and agree that the operation of the Services is reliant on the accuracy of the Data, and the provision of inaccurate or incomplete Data by you may affect the use, output and operation of the Services.
16.1. Despite anything to the contrary, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it:
a) does not contain identifying information; and
b) is not compiled using a sample size small enough to make the underlying Data identifiable.
16.2. We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.
17. Confidential Information
17.1. Each Receiving Party agrees:
a) not to disclose the Confidential Information of the Disclosing Party to any third party; and
b) to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and
c) to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.
17.2. The obligations in clause 17.1 do not apply to Confidential Information that:
a) is required to be disclosed in order for the Parties to comply with their obligations under these Terms; or
b) is authorised to be disclosed by the Disclosing Party; or
c) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; or
d) must be disclosed by Law or by a regulatory authority, including under subpoena.
17.3. Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 17. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 17.
17.4. This clause 17 will survive the termination of these Terms.
18. Your Rights at Law
18.1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. (c) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
18.2. Where you return Hardware to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example Delivery Costs) of you returning the Hardware to us.
18.3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return Delivery Costs and, depending on the failure, either dispatch a new or repaired replacement Hardware or refund you the Hardware Price of the relevant Hardware. Please contact us for further information.
18.4. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
18.5. This clause 18 will survive the termination or expiry of these Terms.
19. Exclusions to liability and Indemnity
19.1. You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
19.2. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
a) your or your Personnel’s or Authorised User’s acts or omissions; and/or
b) any use or application of the Hardware and Services by a person or entity other than you, or other than as reasonably contemplated by these Terms; and/or
c) any works, services, data, hardware, materials or items which do not form part of the Hardware and Services (as expressed in these Terms), or which have not been provided by us; and/or
d) any Third Party Inputs; and/or
e) the Hardware, Services and Data being unavailable, or any delay in us providing the Hardware, Services and Data to you, for whatever reason; and/or
f) any event outside of our reasonable control.
19.3. This clause 19 will survive the termination or expiry of these Terms.
20. Limitations on liability
20.1. Despite anything to the contrary, to the maximum extent permitted by law:
a) we will not be liable for Consequential Loss; and
b) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel or Authorised Users); and
c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Hardware and Services to you or, in our sole discretion, to us repaying you the amount of the Hardware Price and/or Subscription Fee paid by you to us in respect of the supply of the relevant Hardware and Services to which the Liability relates.
20.2. You acknowledge and agree that:
a) you are responsible for all users using the Services, including any Authorised Users; and
b) you are responsible for obtaining any necessary consents from your Personnel and any Authorised Users to use the Hardware and the Services as required (including any necessary consent to place the Hardware in a person’s vehicle and to track their location or other metrics via the Services); and
c) you use the Services and any associated programs and files at your own risk; and
d) the technical processing and transmission of the Services, including your Data, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and
e) we may use third-party service providers to assist in transmitting or hosting the Services, including for the collection of and provision of the Data. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without liability or entitling you to any refund, credit, or other compensation; and
f) the Services may use Third Party Inputs such as products, facilities or services (e.g. any mobile network). We do not make any warranty or representation in respect of the third-party products, facilities or services; and
g) we do not guarantee that any file or program available for download from or via the Services is free from viruses or other conditions which could damage or interfere with Data, or any Hardware or Software with which it might be used; and
h) any collation, conversion and analysis of Data performed as part of the Services (whether by the Services or otherwise) is likely to be subject to human input and machine errors, omissions, delays and losses, including any loss of Data; we are not liable for any such errors, omissions, delays or losses; and you are responsible for adopting reasonable measures to limit the impact of such omissions, delays, losses and errors; and
i) we are not responsible for any corruption or loss of any Data if such corruption or loss is due to an act or omission by you, your Personnel, your related bodies corporate or any Authorised Users; and
j) we are not responsible for the integrity or existence of any Data on the in the Environment, network or any device controlled by you or your Personnel or any Authorised User.
20.3. This clause 20 will survive the termination or expiry of these Terms.
21.1. You may terminate these Terms at any time via the “Cancel Account” (or similar) feature in your Account. Your subscription will be marked as Non-renewing and the termination will be in effect at the end of your current billing cycle, in which case clause 21.3 will apply.
21.2. These Terms will terminate immediately upon written notice by:
a) us, if:
1. you (or any of your Personnel or Authorised Users) breach any provision of these Terms (including the warranties under clause 13) and that breach has not been remedied within 10 Business Days of being notified by us; or
2. you (or any of your Personnel or Authorised Users) breach any provision of these Terms (including the warranties under clause 13) and that breach cannot be remedied; or
3. you fail to provide us with clear or timely instructions or information to enable us to provide the Hardware and Services; or
4. for any other reason outside our control which has the effect of compromising our ability to provide the Hardware and Services; or
5. you are unable to pay your debts as they fall due; or
6. you fail to pay subscription fees as they fall due; or
7. you or your business is the subject of an Insolvency Event; and
b) you, if we:
1. are in breach of a material term of these Terms, and that breach has not been remedied within 10 Business Days of being notified by you; or
2. are unable to pay our debts as they fall due.
21.3. Upon expiry or termination of these Terms:
a) we will immediately cease providing the Hardware and Services;
b) you agree that subject to the exclusion in clause 18, any payments made by you to us are not refundable to you and you are to pay for all Hardware and Services provided prior to termination and for the full duration of your current billing cycle, including Hardware and Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;
c) each Party agrees not to disparage or otherwise make any unfavourable statements or comments regarding us, the other Party or the other Party’s Personnel, or clients, either directly or by implication, verbally or in writing.
21.4. We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms.
21.5. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
21.6. This clause 21 will survive the termination or expiry of these Terms.
22.1. If GST is payable on any supply made under these Terms, the recipient of the supply must pay an amount equal to the GST payable on the supply. That amount must be paid at the same time that the consideration is to be provided under these Terms and must be paid in addition to the consideration expressed elsewhere in these Terms, unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.
22.2. If an adjustment event arises in respect of any supply made under these Terms, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.
22.3. If the recipient is required under these Terms to pay for or reimburse an expense or outgoing of the supplier, or is required to make a payment under an indemnity in respect of an expense or outgoing of the supplier, the amount to be paid by the recipient is to be reduced by the amount of any input tax credit in respect of that expense or outgoing that the supplier is entitled to.
22.4. The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement.
22.5. If GST is payable on any supply made under these Terms and the supply was originally expressed to be inclusive of GST and the amount of GST on taxable supplies changes, an adjustment event will occur in respect of any supply made under these Terms to adjust the supply to be inclusive of GST at the new rate.
23.1. Illegal Requests: We reserve the right to refuse any request for or in relation to any Hardware and Services that we deem inappropriate, unreasonable, illegal or otherwise non-compliant with these Terms.
23.2. Upgrades: Despite any provision to the contrary we reserve the right to upgrade, update, alter or substitute the Services (including any Software), provided that any such upgrade does not materially and detrimentally impact on the performance or function of the relevant Services.
23.3. Changes to the Terms: Without limiting clause 12, we may vary, alter, replace or revoke any of these terms and conditions by posting the updated terms and conditions on the Site. Changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our Services. If a change isn’t material, we may not notify you. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
23.4. Publicity: With your written consent, you agree that we may advertise or publicise the broad nature of our provision of the Hardware and Services to you, including on our Site or in our promotional material.
c) You agree we may use any contact details you provide to us, such as your phone number or email address, to send to you information relevant to your Account, Subscription, or related to the Hardware and/or Services. It is solely your responsibility to ensure your contact details are correct and up-to-date.
23.6. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent (such consent is not to be unreasonably withheld).
23.7. Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
23.8. Entire agreement: These Terms contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
23.9. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
23.10. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
23.11. Governing law: These Terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
23.12. Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
23.13. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
24. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in any Order, and:
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Account means an account accessible to you and/or your Authorised Users to use the Services.
Authorised User, if applicable, means a user permitted to access and use the Services under your Account.
Business Day means a day on which banks are open for general banking business in Victoria Australia, excluding Saturdays, Sundays and public holidays.
Business Hours means the hours between 9am to 5pm on a Business Day.
Confidential Information includes information which:
a) is disclosed to the Receiving Party in connection with these Terms at any time;
b) is prepared or produced under or in connection with these Terms at any time;
c) relates to the Disclosing Party’s business, assets or affairs; or
d) relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Data means any information, materials or other data created by the use of the Hardware and Services or data inputted by you, your Personnel or Authorised Users into the Services or stored by the Services or generated by the Services as a result of your use of the Services. Data also constitutes any Copyright owned by us including algorithms, meta data, derived data, data sets, coding or location data which is owned exclusively by us under the Copyright Act 1968.
Delivery Costs means the costs associated with the delivery or provision of the Hardware, including any insurance, customs, tariffs, duties or other such charges that may apply to the Hardware, as set out on the Site when you make an order.
Delivery Date means the date when the Hardware is delivered to you at the delivery location provided when you make your order.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Feedback means any idea, suggestion, recommendation or request by you or any of your Personnel or Authorised Users, whether made verbally, in writing, directly or indirectly, in connection with the Services.
Hardware means any hardware, including GPS trackers, that you purchase from the Site or operates in conjunction with our Services.
Hardware Price means the price due and payable by you for the Hardware, as set out on the Site.
Insolvency Event means any of the following events or any analogous event:
a) a Party disposes of the whole or any part of the Party’s assets, operations or business other than in the ordinary course of business; or
b) a Party ceases, or threatens to cease, carrying on business; or
c) a Party is unable to pay the Party’s debts as the debts fall due; or
d) a Party goes into liquidation or has a receiver or manager appointed over any of its assets; or
e) a Party becomes insolvent; or
f) any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Party’s assets, operations or business; or
g) any step is taken for a party to enter into any arrangement or compromise with, or assignment for the benefit of, a Party’s creditors or any class of a Party’s creditors; or
h) any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or any part of a Party’s assets, operations or business.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you (or your Personnel):
a) copying, altering, enhancing, adapting or modifying any of our Intellectual Property;
b) creating derivative works from our Intellectual Property;
c) providing or disclosing our Intellectual Property to, or allowing our Intellectual Property to be used by, any third party;
d) assigning or transferring any of our Intellectual Property Rights or granting sublicences of any of our Intellectual Property Rights, except as expressly permitted in these Terms;
e) reverse engineering or decompiling any of our Intellectual Property Rights, except where permitted by Law; or
f) using or exploiting our Intellectual Property for purposes other than as expressly stated in these Terms (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Hardware and Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Services means the provision of access to our Site and Software which will provide you with Data, data analysis, an overview of your vehicles, Personnel, Authorised Users, alerts, reports and statistics.
Subscription means the plan you choose, including the associated Subscription Fee, billing cycle, features, provision of support services, and number of Tracking Licences (Tracking Licence), as set out on the Site and post purchase, and as set out within your Account.
Subscription Fee means those fees due and payable by you for the Services, as set out in your relevant Subscription.
Software means the software used to provide any of the Services, and includes any software within any Hardware, any software as a service, any instructions in hard copy or electronic form and any update, modification or release of any part of that software after these Terms are entered into by the Parties.
Tracking Licence means a single licence which permits a single device of the licence category to be accessible, capture, record and transmit Data against your Account.
Terms means these terms and conditions and any terms agreed under it and any documents attached to, or referred to in them.
In these Terms, unless the context otherwise requires:
a) a reference to these Terms or any other document includes the document, all schedules, attachments and all annexures as novated, amended, supplemented, varied or replaced from time to time;
b) a reference to “Hardware and Services” or “Hardware or Services” includes “Hardware and/or Services”;
c) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
d) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
e) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
f) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
g) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
h) a reference to time is to local time in Victoria Australia; and
i) a reference to $ or dollars refers to the currency of Australia from time to time.
For any questions and notices, please contact us at:
Track My Ride Pty. Ltd. ABN 71 617 307 570
Address: 661 Waterdale Rd, Heidelberg West QLD 3081
Email: [email protected]
Last update: 22nd May 2023
TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
- mailing or street address;
- email address;
- social media information;
- telephone number and other contact details;
- date of birth;
- credit card or other payment information;
- geo-location information;
- vehicle information, including number plate;
- information about your business or personal circumstances;
- information in connection with client surveys, questionnaires and promotions;
- your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
- information about third parties; and
- any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.
HOW WE COLLECT PERSONAL INFORMATION
We may collect personal information either directly from you, or from third parties, including where you:
- contact us through our website;
- receive goods or services from us;
- submit any of our online sign-up forms;
- communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
- interact with our website, mobile applications (iPhone and Android), social applications, services, content and advertising; and
- invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
We may use Google Analytics to collect and process data, including when you use third-party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.
USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
- to provide goods, services or information to you;
- to provide goods, services or information to the relevant account holder (being your employer, contractor or the owner of the relevant vehicle);
- to store your identity documents for verification purposes;
- for record-keeping and administrative purposes;
- to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
- to improve and optimise our service offering and customer experience;
- to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
- to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
- to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
- to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
WE DO NOT SELL YOUR DATA
We do not sell your data. It couldn’t be more simple than that!
LOCATION SERVICES DATA
On using our platform, we will request your consent to use location services to precisely identify your location. If you provide your consent, we will share your location with the relevant approved account holder, being your employer, contractor or the owner of the relevant vehicle.
If you do not provide your consent, you may not be able to access our services. To withdraw your consent at any time you can turn off the localisation permissions for our app on your device.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe. We reserve the right to charge a fee for searching for, and providing access to, your information on a per request basis.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.
Email: [email protected]