Terms of Service

Agreement to these terms

These Terms of Service (the "Terms") are a legal agreement between you (or the organisation you represent) and Trakkrr Systems (ABN 71 624 068 591) ("Trakkrr", "we", "us"). By accessing our website, creating an account, or using the Trakkrr platform or hardware (together, the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

If you enter into a separate written agreement or order form with us, that agreement takes precedence over these Terms where they conflict.

Definitions

• "Customer" - the organisation or individual that contracts with us for the Service.
• "Hardware" - the tracking and telemetry devices we supply and/or fit to your assets.
• "Platform" - the Trakkrr web application and associated services.
• "Customer Data" - data you submit to, or that is generated by your assets through, the Service.
• "User" - an individual the Customer authorises to use the Platform.

Eligibility and accounts

The Service is intended for business use. You must be at least 18 and have authority to bind the organisation you represent. You are responsible for:

• keeping your account credentials confidential;
• all activity that happens under your account;
• ensuring your Users comply with these Terms; and
• notifying us promptly of any unauthorised use of your account.

The Service and hardware

We provide access to the Platform and, where agreed, supply and fit Hardware to your assets. Unless your order states otherwise:

• Hardware ownership and any warranty terms are as set out in your order or quote.
• You must allow safe and reasonable access for installation, maintenance, and removal of Hardware.
• You must not tamper with, move, or attempt to modify the Hardware except as instructed by us.
• You are responsible for the Hardware once fitted, including loss or damage not caused by us, and for returning it on request where it remains our property.

Telemetry and location accuracy

Acceptable use

You agree not to:

• use the Service to track people without a lawful basis and any notice or consent the law requires;
• use the Service unlawfully, or to infringe the rights of others;
• attempt to gain unauthorised access to, disrupt, or reverse-engineer the Service;
• resell or provide the Service to third parties without our written agreement; or
• introduce malware or otherwise interfere with the integrity of the Service.

Where the Service is used to monitor staff or drivers, you are responsible for meeting your obligations to them under data protection and employment law, including providing appropriate notice.

Customer Data and ownership

As between you and us, you own your Customer Data. You grant us a non-exclusive licence to host, process, and use Customer Data as needed to provide and improve the Service and as described in our Privacy Policy. Where we handle personal information on your behalf, we do so in accordance with our Privacy Policy and our agreement with you.

You are responsible for ensuring you have the right to provide the Customer Data and for its accuracy.

Fees and payment

Fees, billing frequency, and payment terms are as set out in your order or quote. Unless stated otherwise, fees are exclusive of GST and other taxes. Late payments may result in suspension of the Service in accordance with Section 11. [Confirm your billing terms here.]

Intellectual property

The Platform, the Trakkrr name and logo, and all related software and documentation are owned by us or our licensors and are protected by intellectual property laws. Except for the rights expressly granted to you to use the Service, no rights are transferred to you.

Suspension

We may suspend access to the Service, in whole or in part, where we reasonably believe it is necessary to protect the Service or other customers, where you materially breach these Terms, or where payment is overdue. Where practical, we will give you notice and an opportunity to resolve the issue first.

Term and termination

These Terms apply for as long as you use the Service. Either party may terminate in accordance with your order, or where the other party materially breaches these Terms and fails to remedy it within a reasonable period of being asked to. On termination, your right to use the Service ends, we may remove Hardware that remains our property, and we will make Customer Data available for export for a reasonable period before deleting it, unless the law requires us to keep it.

Consumer guarantees and warranties

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that the ACL confers on you and that cannot lawfully be excluded.

Subject to those guarantees, we provide the Service with reasonable care and skill but otherwise, and to the fullest extent permitted by law, the Service is provided "as is" and we exclude all other warranties, whether express or implied. We do not warrant that the Service will be uninterrupted or error-free.

Where we are entitled under the ACL to limit our liability for a failure to comply with a consumer guarantee (other than guarantees that cannot be limited), our liability is limited, at our option, to: for services - re-supplying the services or paying the cost of having them re-supplied; and for goods - replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

Limitation of liability

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including under the Australian Consumer Law and any liability for death or personal injury caused by our negligence, or for fraud.

Subject to that, to the fullest extent permitted by law:

• we are not liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill, or data; and
• our total liability arising out of or in connection with the Service in any [12-month] period is limited to the amount you paid us for the Service in that period [, or AUD $[amount] where no fees are payable].

Indemnity

You agree to indemnify us against claims, losses, and costs arising from your misuse of the Service, your breach of these Terms, or your breach of the rights of a third party (including unlawful tracking of individuals).

Changes to the Service and these Terms

We may update the Service and these Terms from time to time. When we make material changes to these Terms, we will update the "last updated" date and take reasonable steps to notify you. Continuing to use the Service after changes take effect means you accept the updated Terms.

Governing law and jurisdiction

These Terms and any dispute arising from them are governed by the laws of [New South Wales], Australia, and you submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.

Contact

Questions about these Terms can be sent to info@trakkrr.com or to [registered address].