1 About your Agreement
- This Agreement contains the terms and conditions under which we (Tracking Mate) supply the tracking device and other services to you.
- These terms along with any other terms that you agree to are binding on you and us. When we say ‘we’, ‘us’ or ‘our’, we mean Tracking Mate.
- Details of our address can be found on our website www.trackingmate.com.au
- Your agreement commences once you have received one of our trackers/or signed the contract and we acknowledge receipt of your signed agreement.
- Your Agreement is personal to you. You remain responsible for complying with your Agreement. You may only assign your Agreement to another person with our prior approval.
2 Terms of your Agreement
- You agree to these Terms as at the date of acknowledging these terms and conditions or receiving a tracker and these Terms will continue to apply until this Agreement is terminated by you or us.
- By agreeing to these Terms and Conditions, you acknowledge that you are of legal age of 18years
- You agree that this Agreement will automatically renew each year until you provide notice of non-renewal at least 28 days prior to the renewal date.
- You may end your Agreement in the following ways:
2.1.1 if we are in breach of your agreement; or
2.1.2 if you choose to do so, then the charges you will have to pay us on termination of your agreement are set out in section 5.
- We may end your agreement or suspend your account if you have breached a term of your agreement and have failed to rectify your breach.
3 Payment Terms
- Service begins as soon as your initial payment is processed. Your subscription will renew automatically, on your annual renewal date until you cancel. You’ll be charged the rate stated at the time of purchase. Renewal is paid 12month in advance
- You agree that you will pay for all services or any payments as described in the ‘Price and Plan’ schedule outlined above.
- We maintain the right to increase charges. At such a time that we increase charges we will give you advance warning and a chance to inform us if you would like to cease subscribing for, or otherwise accessing, that element of the Service/s before that date. You will still be liable for any outstanding payments for services rendered and products provided.
- If you cancel within 28 days of your initial order, you’ll be fully refunded upon the return of all items contracted. All items must be in original working condition
- A non-payment, due to insufficient funds will incur a $20 admin fee
- Notice period for cancellation:
If you want to cancel your subscription, a 28 day notice period applies.
- When your Agreement ends you must pay all charges due, which may include remaining Product Instalment Plan payments and a Cancellation Fee.
- Refunds are not provided for the unused proportion of subscription if cancelled within the 12 months
4 New Agreement and Reconnection
- For all new customers there is a connection fee.
- If you decide you would like to reconnect to the service, you will be charged a reconnection fee, which will be paid at the time of reconnection. The fee is subject to change and will be disclosed to you prior to reconnecting. The fee will be a one off fee charged in addition to your first month or annual payment. If paying by month, all payments are for the full month regardless of when in the month you reconnect your service.
5 What we will provide to you
- Once your contract is activated, we will provide you with access to the services throughout the term from the date of this agreement. You must comply with all reasonable directions by us relating to the use of your system or accessory.
- We will always try to make the services available to you. However, there are inherent limitations involved in the supply of services. Services are only available within the Tracking Mate telecommunication providers Network Coverage Area. Before you enter into your agreement with us, you should be satisfied that the Tracking Mate meets your Services requirements.
- There may be situations where services are not continuously available or the quality is effected, for example:
- when we need to perform any upgrade, maintenance or other work on the Tracking Mate network or services;
- because of factors outside our control, such as the weather or interference caused by physical obstructions.
6 30 Day Customer Satisfaction.
- If you purchase a System or Accessory directly from us, you enter into an agreement with us for the purchase of those goods. We will retain ownership of all goods purchased from us until you have paid for them in full.
- You will be responsible for any System or Accessory as soon as they are delivered to you. If you damage or lose any goods before you have paid for them in full, you will still be required to pay us for the full price of those goods. You are responsible for arranging your own insurance for any system or accessory.
- If you are not satisfied with the system or accessories within the 1st 30days of purchase, you can return the system to us within those first 30 days after purchase.
- Any system or accessory that is returned to us must be in the original working condition.
- You are responsible for the cost of returning any items.
7 SIM cards/Data Usage
- We retain ownership of any SIM card installed in the device or provided by us. These SIM cards must remain in the tracker provided by us to you. You are not permitted to remove the SIM cards and use elsewhere. Removal of the SIM card will be determined as a breach of the agreement and charges will apply for any additional usage charges
- Your agreement includes 15mb of data per month. This is based on the M2M system which is adequate data for the tracking device with 3minute intervals. Excess usage of the 15MB data will be charged to you.
8 Suspension of Services
- We may suspend your account or any or all services, as appropriate, if:
- you have not paid the charges on time;
- you have breached your Agreement and have failed to rectify the breach.
- you die or become bankrupt, insolvent or subject to a winding up order or similar insolvency event and we reasonably believe we are unlikely to receive payment for amounts you owe to us;
- We are unable to continue to provide the relevant Services because of an event outside our reasonable control.
- Unless otherwise stated in warranty terms, the System or Accessory warranty is conditional upon:
- the System or Accessory being operated, handled and repaired in accordance with its intended use;
- The System or Accessory having been properly stored or maintained by you; and no modification of the System or Accessory without our consent.
- The System or Accessory warranty does not cover damage, malfunction or failure resulting from misuse, neglect, abuse, use for a purpose for which the System or Accessory was not designed or is not suited or normal wear and tear.
- If the System or Accessory purchased by you is faulty or not functioning because you have misused it or because of wear and tear, it will be your responsibility to arrange, at your cost, to have it repaired or replaced so you can continue to use the Services.
- Warranty commences from the time of purchase.
10 Your Obligations
- You must pay us all charges for services, products and Product Instalment Plans, whether used by you or not. You will remain responsible for any payments for the duration of the Term of the Agreement, including any automatic renewals. You are liable to pay these charges.
Credits on your account are non-refundable, non-transferable and not redeemable for cash.
You will remain responsible for all charges for services until such time your agreement ends in accordance with Clause 2 of these Terms.
- Your application for Services and Product Instalment Plan may be subject to a credit assessment, verification of your personal details and an employment check. If we regard these checks as unsatisfactory, we will not enter into an agreement with you. Please see our Clause relating to privacy regarding the information shared with credit agencies.
- If you fail to pay your bill on time, you will be in breach of your agreement. If your bill is not paid by the due date, we will notify you and request payment immediately. If you fail to pay the overdue amount within a reasonable time, we can suspend your service. If we suspend your service in these circumstances, we will not re-connect you until you pay us your outstanding charges, including all fees for late payment and re-connection.
- We may terminate your agreement if you continue not to pay your bills on time.
- If we take legal action or other collection action against you for non-payment of the charges, we will require you to pay our reasonable costs and expenses (including legal costs) of taking that action plus interest calculated at a rate of 2% per annum above the National Australia Bank’s corporate overdraft rate from time to time calculated on the daily balance of the unpaid amount from the due date until the date of payment in full.
- All state and federal legislations requirements for tracking devices are your responsibility. Including but not limited to, advising other users that a tracking device is fitted to any device owned and operated.
- By applying for Services and any Product Instalment Plan, you undertake to provide your correct name, address and all other factual information and to advise us promptly of any change to your billing address. You agree that:
- if the account is in your name as an individual, even where you have also nominated a business name, you have full contractual capacity to agree to the agreement and are able to pay the charges; or
- If the account is established in the name of a company – the person held out by the company is taken to be authorised by the company to enter into such an agreement.
- We may give to a credit reporting agency information such as your name, address and other details which identify you; the fact that you have applied for credit and the amount; the fact that we are a current credit provider to you; payments that are more than 60 days overdue and for which debt collection action has started; cheques drawn by you for $100 or more which have been dishonoured more than once; information that in our opinion you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations) and advice that payments are no longer overdue.
- You agree that for the purpose of assessing your application we may obtain from a credit reporting agency, a credit report containing information about your personal creditworthiness. You also agree to us conducting a credit check in relation to your business or commercial activities (if any) or your commercial creditworthiness for the purpose of your application. We can also conduct these credit checks for the purpose of collecting any overdue payments.
- All Tracking Mate distributors of Tracking Mate Trackers and services will have master access to the services supplied to their customers for warranty purposes. Distributors are restricted to the terms of the agreement and privacy laws.
- We may send you information about services and our products, including special promotions or offers, unless you ask us not to by contacting us by email or phone.
- You agree that we may use or disclose your information as required by law, or as required for emergency services, law enforcement and other approved purposes; whether the recipients of the information are in or outside Australia.
- You acknowledge that each state and territory has its own Surveillance Act, which tracking mate cannot be held responsible for if breached by you. It is your responsibility to ensure you comply with the relevant laws and regulations
12 Our liability to you
- We will perform the services with due care and skill, but do not guarantee that they will be continuous or fault free
- We have no liability to you for any loss of income, business or profits, for any loss resulting from theft, failure to receive an alert, or for any consequential loss sustained and arising out of or in connection with your use of the services or the system.
- We are not liable for any loss or damage to the extent that it was caused by you, or to the extent that you have failed to take reasonable steps to minimise or prevent the loss.
- We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under your agreement. We will give you reasonable notice of any assignment.
- We will send you information by the most appropriate of the following methods: directly communicating it to you in person, by mail using your most recent contact details given to us, by email if you have provided us with your email address or by a notice on your bill. Notices may also be displayed on our website www.trackingmate.com.au.
- The Tracking Mate trademark and other related images, logos and names are proprietary marks licensed or owned by us and can not be used without our written permission
13 Implied warranties and conditions
- The Competition and Consumer Act 2010 (Cth) and State fair trading laws imply warranties or conditions into contracts for the supply of goods or services. Where the products or services we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption and it is fair or reasonable for us to do so, we limit our liability to you for a breach of these implied warranties or conditions, at our option to:
- in the case of the supply of the system, the replacement of the system or supply of an equivalent system, the payment of the cost of replacing the system or acquiring an equivalent system, the payment of the cost of having the system repaired or the repair of the system; and
- in the case of the supply of Services, the supply of the Services again or the payment of the cost of having the Services supplied again.
- We will try to ensure the accuracy, quality and timely delivery of the Services, however:
- we accept no responsibility and have no liability to you for any reliance on Services, or for any disruptions to, or any failures or delays in, Services; and
- we do not make any representations as to, and have no liability to you in relation to, the accuracy, quality, currency, error-free nature of Services.
- We will not be liable to you if we cannot carry out our obligations, or provide Services, because of an event beyond our reasonable control including, but not limited to, an explosion, natural disaster, earthquake, war or act of God.
- Tracking Mate Coverage Area: the spread spectrum radio network and other systems owned or operated by us, by which we make Services available to you.
- Services: the services offered by us including but not limited to asset tracking, but excluding any Optional Services.
- Accessory: any battery, battery charger, consumable item (items which are regularly replaced), software, or any other item that may be used with a System.
- System: Any physical device provided by us, including GPS Trackers.
- Account: all records about you, including your personal account information, your use of Services, your Charges and payments.
- Activation: Is when any data including SMS is sent from the device to another device, including the webtracking system
- Cancellation Fee: a fee charged if we terminate the agreement due to your conduct or if you terminate the agreement within the Minimum Term. This fee may cover (without limitation) your fixed periodic Charges for the Minimum Term, our administrative costs, costs incurred by us in Connecting and Disconnecting Services for you and our payments to authorised dealers.
- Charges: the charges for access to, and use of, Services and Product Instalment Plans.
- Connect: the procedure by which we give you access to Services. ‘Reconnection’ has corresponding meanings.
- Product Instalment Plan: an arrangement by us where you purchase a System or Accessory and pay for the System or Accessory by making periodic instalment payments to us in accordance with that arrangement.
- Monitoring Term: The minimum fixed term for supply of Services.
- Optional Services: any services that are only available if requested by you and approved by us.
- Suspension: the procedure by which we temporarily Disconnect your access to Services. ‘Suspend’ has a corresponding meaning.
- If you are unhappy about any aspect of the services, you may communicate this to us by contacting us via email or phone.
firstname.lastname@example.org or 1300 970 045