Terms and Conditions (“Agreement”)
|Track Car Terms and Conditions (“Agreement”)|
|This Agreement was last modified on November 18, 2020.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://trackcar.com.au/, https://trackcar.com.au/, https://trackcar.com.au/ or https://trackcar.com.au/ (Collectively known as “the Site”) operated by TrackCar.com.au. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://trackcar.com.au/, https://trackcar.com.au/,
|https://trackcar.com.au/ or https://trackcar.com.au/.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
TrackCar.com.au, will supply you with telecommunications Services and online software Services (Collectively known as “Services”), on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.
1. OUR AGREEMENT WITH YOU
2. Service DESCRIPTION
|(a) may change Carriers without reference to you and at any time; and
(b) have your express authorisation to notify any relevant Carrier in respect of and to effect any such change.
2.2 We do not warrant that we will be able to supply Services and we are not liable for any failure to provide all or part of any of the Services, but, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Services to you as soon as we can.
2.3 When using the Services, you agree to –
(a) comply with all statutes, regulations, by-laws or licence conditions of any government body; and
(b) not breach any person’s rights or otherwise cause us or a Carrier loss, liability or expense. 2.4 Our obligations to provide the Services ceases when we transfer your account to another supplier and the other supplier takes over full billing of those Services.
2.5 Our obligations to provide the Services ceases when the agreement has been terminated
|under clause 8.|
|2.6 We do not warrant that we will be able to supply the Services with any guarantee of availability or accuracy.
3. CHARGES AND PAYMENT
|fourteen days setting out reasons for the dispute and the amount in dispute. Notwithstanding any dispute as to any amount of any charge, you must pay the whole amount of each account by the Due Date.
3.3 If you do not pay the account by the Due Date, then we may charge interest at the rate of 1.5% per month or part thereof on the outstanding amount of the invoice and suspend all or part of your Services pending payment of outstanding amounts on the account. Nothing in this clause affects our rights to terminate this agreement under clause 8. 3.4 If you do not pay the account by the Due Date, we also reserve the right (at our discretion) to adjust the prices you pay for the Services.
3.5 If you do not pay the account by the Due Date, we also reserve the right (at our discretion) to charge a late payment fee of up to $20 + $2 GST (Total Price $22.00).
3.6 If you do not pay the account by the Due Date, we also reserve the right (at our discretion) to terminate the Agreement and any Services associated with your account immediately.
3.8 You will give written notification by email to sales@TrackCar.com.au, or registered mail to our listed contact address, or by initiating the ‘Cancel Subscription’ function in your account management control panel to cancel your account and stop charges accruing. Accrued unpaid charges may be sent to debt collection after we have made written request for you to make payment and you fail to comply. You will be liable for all costs related to the collection of your unpaid debt.
3.9 You will not modify or use the hardware, software or parts of the hardware in a way that was not originally intended. The hardware has a built in data Sim Card that is not user serviceable and is intended to be used by the TrackCar.com.au. hardware only to provide data connections to our servers. Any unauthorised usage of the hardware, software or parts of the hardware or data sim by the customer in a way not authorised by TrackCar.com.au. which causes a financial liability to TrackCar.com.au. will be billed to the customer at the price charged to TrackCar.com.au. by TrackCar.com.au.’
|telecommunications service providers in addition to any other applicable fees. If you use the data sim card from hardware provider by TrackCar.com.au. in a device not authorised by TrackCar.com.au. you are liable for any data usage associated with that sim card, charged at $1.50 + $0.15 GST (Total Price $1.65) per megabyte.
4. AMENDMENTS TO TERMS AND CONDITIONS
5. CREDIT CHECK – (Not Applicable to Prepaid Accounts)
|relevant to our assessment of your credit rating. You have consented to the following:|
|(a) our obtaining from a credit reporting agency a credit report containing personal information about you;
(b) our giving to and seeking from any credit provider named in a credit report or in your application, information in relation to your credit rating including without limitation any information about your credit worthiness, credit history or credit capacity that credit providers are allowed to give or receive from other credit providers under the Privacy Act 1988; (c) our making independent enquiries of third parties concerning your financial standing and for this purpose you have authorised and permitted such third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought; and
(d) our providing any information we obtain about you to the relevant Carrier.
|number during business hours as provided by TrackCar.com.au. in writing.
6.2 Support will be given to you by a representative of TrackCar.com.au. at the earliest time possible. TrackCar.com.au makes no claim as to the responsiveness or effectiveness of any support given or requested at any time.
6.3 You acknowledge that support is not offered outside business hours 09:00 to 17:00 Monday to Friday GMT+10 EST. 7. LIMIT ON LIABILITY
7.1 We do not exclude or limit –
(a) the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 7 to be void; or
(b) direct losses and damages which arise only as a result of our gross negligence (which means where we commit an act or allow an omission to occur in reckless disregard of the consequences of the act or omission).
7.2 Except where clause 7.1 applies, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement.
7.3 Including, but not limited to, liability for gross negligence and except to the extent of clause 7.1(a), we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of equipment, loss of vehicles, loss of income or profit or loss of actual or potential business opportunities.
7.4 Our liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at our option, to refunding the price of the goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
|7.5 We are not liable to you for any delay in the connection or failure in the operation of the Services.
7.6 You acknowledge that any liability of any Carrier to you in relation to the Services is governed by the terms and conditions on which that Carrier from time to time supplies that Service to its own retail customers. 7.7 You acknowledge that any Service provided to you by TrackCar.com.au. is of a complicated and technical nature and may have minor or inherent defects of any nature. TrackCar.com.au. 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 TrackCar.com.au. Any such programming and remedial Services will be your sole remedy in respect of the supply of defective Service.
7.8 TrackCar.com.au.’ liability to you arising out of all claims for damages under this Agreement will not exceed in aggregate the total amount actually paid by you to TrackCar.com.au. under this Agreement in the three months prior to the time such liability arises. 7.9 You acknowledge that any Service provided to you by TrackCar.com.au. may
|(“Equipment”) passes to you upon delivery. You will accept any Equipment on the basis of these|
|Terms and Conditions and any additional terms and conditions notified at the time of delivery. 13.2 Title to any Equipment provided for purchase does not pass to you until all amounts owing to us under this agreement and the cost of such Equipment have been paid in full. Until title passes to you, the Equipment will be held by you as bailee for us.
13.3 If Equipment is installed at premises occupied by you, you must not interfere with the Equipment or its installation.
13.5 On the termination of this agreement for any reason, you will immediately return all
|Equipment owned by us or make it available for our collection.
14. YOUR OBLIGATION AND CONDUCT
15. REFUNDS POLICY
|the purchase price will be refunded. Postage from you to Track Car will be at your own expense. If the hardware is deemed defective or inoperable by Track Car will cover postage of the hardware back to you. If it is deemed not defective and not inoperable, return postage to you of the hardware will be covered by you. 15.2 If you cancel your Services you will still incur charges for the billing period in which the termination is requested for all Services associated with your account. No refunds will be issued for prepaid credit associated with your account. The account credit will always remain active though and can be used for other Track Car Services.
16. SHIPPING POLICY
|17.1 Any notice, demand, consent or other communication required to be given to either party must be in writing and delivered personally, sent by prepaid mail or by email to the address of the other party as last notified.
17.2 Clauses 2.4, 3.5, 5, 7, 10, 12, 13.4, 13.5 and 14 shall survive the expiration or termination of this agreement. 17.3 This agreement shall be governed by and construed in accordance with the law of Queensland Australia and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
17.4 This agreement contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written. 17.5 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
|17.6 On termination of this agreement by Track Car, We may deem it reasonable to provide you with alternative operating instructions for any hardware originally purchased from or supplied by us. Track Car does not warrant any continuation or equivalence of prior supplied functionality or Services after termination of the agreement.
17.7 Neither you or Track Car will be liable for any delay or failure in the performance of its obligations under this Agreement if such delay or failure is due to a force majeure event, being any cause outside its reasonable control including but not limited to acts of God, natural disaster, riot, malicious damage, fire or acts of any governmental authority.
Track Car is committed to providing you with the best possible customer service experience. Track Car is bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.
Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to future Track Car customer support features you are required to submit personally identifiable information. This may include but not limited to a unique
|username and password, or provide sensitive information in the recovery of your lost password.
Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Track Car takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system,
|pages viewed while browsing the Site, page access times and referring website address. This|
|Collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
|Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Track Car reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.