Track My Ride Terms and Conditions (``Agreement``)
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://www.trackmyride.com.au/ or https://trackmyride.com.au/ (Collectively known as “the Site”) operated by Track My Ride Pty. Ltd. (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site and Services.
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.
Track My Ride Pty. Ltd., ABN 71 617 307 570 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
1.1 As a customer of Track My Ride Pty. Ltd. these terms and conditions form the basis of our agreement with you.
1.2 Our agreement with you also includes your application, order form or activation request which you complete and provide to us.
1.3 Our agreement with you also includes our currently applicable price list. The price list may change from time to time. Any changes to our current price list will be applicable to all new accounts. Accounts currently on grandfathered pricing agreements may remain on those agreements unless they choose to change to the newer pricing, at which point the grandfathered pricing will be no longer available.
1.4 Our agreement with you also includes any Services you add to your account using the self serve process in the account panel supplied for you to manage and maintain your Services.
1.5 Our agreement with you also includes the use of our Mobile Applications available on the Apple Store and Google Play Store.
2. Service DESCRIPTION
2.1 Service and Services will be supplied to you by Track My Ride Pty. Ltd. and through the Carriers or networks (Collectively known as “Carriers”) that we nominate from time to time. You agree that we –
(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, laws, 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
3.1 You agree during the term of this agreement:
(a) to be charged for the Services we provide to you, regardless of whether it is you who uses them, at our current prices from time to time;
(b) if a sign-up bonus is offered it is available only once per customer and is not for the same customer creating multiple accounts. Anyone found creating multiple accounts for the purpose of getting extra signup bonus will lose any bonus values on all accounts as well as the right to any future bonuses;
(c) to pay accounts for all of those charges (including taxes) by the date specified on the invoice (“Due Date”).
3.2 If you dispute in good faith an amount in the account, you must notify us in writing within 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.
3.7 All prices listed on this website are in Australian dollars and include GST unless otherwise stated.
3.8 You must use the ‘Cancel Subscription’ function in your account management control panel to cancel your account services 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 Track My Ride Pty. Ltd. 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 Track My Ride Pty. Ltd. which causes a financial liability to Track My Ride Pty. Ltd. will be billed to the customer at the price charged to Track My Ride Pty. Ltd. by Track My Ride Pty. Ltd.’ telecommunications service providers in addition to any other applicable fees. If you use the data sim card from hardware provided by Track My Ride Pty. Ltd. in a device not authorised by Track My Ride Pty. Ltd. 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
4.1 Without limiting clause 3.1, we may vary, alter, replace or revoke any of these terms and conditions by posting the updated terms and conditions on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
5. CREDIT CHECK – (Not Applicable to Prepaid Accounts)
5.1 Prior to our accepting any application for credit, you have provided to us all information 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.
6.1 If you require support for the Service, you will email [email protected] during business hours 09:00 to 17:00 Monday to Friday GMT+10 EST or on an alternate support number during business hours as provided by Track My Ride Pty. Ltd. in writing.
6.2 Support will be given to you by a representative of Track My Ride Pty. Ltd. at the earliest time possible. Track My Ride Pty. Ltd. 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 Track My Ride Pty. Ltd. is of a complicated and technical nature and may have minor or inherent defects of any nature. Track My Ride Pty. Ltd. 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 Track My Ride Pty. Ltd. Any such programming and remedial Services will be your sole remedy in respect of the supply of defective Service.
7.8 Track My Ride Pty. Ltd.’ 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 Track My Ride Pty. Ltd. 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 Track My Ride Pty. Ltd. may become temporarily, partially or fully unavailable for an unknown amount of time due to necessary, unscheduled or unavoidable maintenance, downtime and/or testing. You acknowledge that it may also become necessary, in order to eliminate critical and immediate security or safety risks, for Track My Ride Pty. Ltd. to perform urgent maintenance at any time, during which time Service may be temporarily, partially or fully unavailable. Any rebate for unscheduled maintenance shall be made at Track My Ride Pty. Ltd.’ sole discretion if deemed appropriate by Track My Ride Pty. Ltd.
8. TERM OF AGREEMENT
8.1 This agreement between you and Track My Ride Pty. Ltd. will commence on the date you first login to the Service or the date you first agree to the Agreement when activating your Track My Ride hardware, whichever of the two events occurred first.
8.2 You may cancel this agreement at any time by using the ‘Cancel Subscription’ function in your account management control panel to cancel your account services. Services terminated will still incur charges for the billing period in which the termination is requested for all Services associated with your account.
8.3 We may immediately terminate this agreement by written notice at any time if, without our prior written consent: you breach any term or condition of this agreement; a receiver or receiver and manager is appointed over any of your property or assets; a liquidator or provisional liquidator is appointed to you; you become bankrupt; you enter into any arrangements with your creditors; you assign or otherwise deal with your rights under this agreement; you cease to carry on business; for any reason arising from an action by you deemed by us to be detrimental to Track My Ride Pty. Ltd. in any way; or there is a material change in your direct or indirect ownership or control.
8.4 We may also immediately terminate this agreement at any time by written notice if the Carriers cease to provide necessary Services to us.
8.5 If we terminate this agreement in accordance with this clause no refunds will be issued for any Services or prepaid credit. The account credit will always remain active though and can be used for other Track My Ride Pty. Ltd. Services.
9.1 Without limiting clause 5.1, you agree to provide us with any information we request in connection with our providing the Services to you under this agreement.
9.2 You authorise and consent to the following:
(a) our conducting a physical audit of the Services and any equipment supplied in respect of the Services should we consider it necessary;
(b) our exchanging with Carriers all information about you and the Services provided to you in our possession or control including, but not limited to, your name, billing address, street address, relevant telephone numbers, any information obtained by us for the purpose of your application and this agreement;
(c) the Carrier exchanging with us any information in the Carrier’s possession or under its control in relation to the Services including, without limitation, all your records and, in particular, exchange line details, account information, call charge records and call event records; and
(d) ours and the Carrier’s use of the information referred to in paragraphs (b) and (c) of this clause.
10.1 You will keep confidential all information supplied by us or the Carriers and we will keep confidential all information supplied by you, except as provided by clauses 5 and 9.
11.1 Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign all or any of our rights and obligations under this agreement at any time by notifying you in writing.
12. WARRANTY OF AUTHORITY
12.1 Any persons signing this agreement on your behalf warrant that they have full power and authority to bind you in respect of this agreement.
13.1 Risk in any equipment provided by us or any third party to you for purchase or hire (“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.
13.4 You irrevocably grant to us, our agents and servants, leave and licence without the necessity of giving any notice to enter at any time on and into premises occupied by you using reasonable force if necessary to inspect, search for and re-take possession of any Equipment in respect to which title is currently under Track My Ride Pty. Ltd. and payment is overdue. You shall indemnify us and hold us harmless against any loss or damage suffered by any person or company arising from such possession.
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.
13.6 You are responsible and liable for the installation, maintenance and management as required of any Equipment used in the servicing and provision of this agreement.
14. YOUR OBLIGATION AND CONDUCT
14.1 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.
14.2 You must not use any equipment in connection with the Service that has not first been approved, in writing, by Track My Ride Pty. Ltd.
14.3 You will comply with the reasonable directions of Track My Ride Pty. Ltd. from time to time regarding the use of the Service and Documentation.
14.4 You will indemnify Track My Ride Pty. Ltd. against any claims, loss or damage (on a solicitor and own client basis and whether incurred by or awarded against Track My Ride Pty. Ltd.) that Track My Ride Pty. Ltd. suffers or incurs, whether directly or indirectly, as a result of any breach of this clause 14.
14.5 Under no circumstances will we tolerate threatening or abusive behavior towards our staff. Should this occur, we reserve the right to terminate the agreement with immediate effect and without refund of any prepaid Services.
14.6 Should you, during the course of a telephone conversation, 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 going forward. Any further correspondence must then be sent by email or support ticket.
14.7 Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate the agreement. Where it is reasonable to do so, we will provide 30 days written notice of termination. We may also deem it reasonable to terminate the agreement effective immediately.
14.8 You will only install and operate Track My Ride Pty. Ltd. hardware in vehicles or equipment that you personally own or have written permission from the owner authorising the installation and operation of Track My Ride Pty. Ltd. hardware in the vehicle. If Track My Ride Pty. Ltd. becomes aware that you have fitted Track My Ride Pty. Ltd. hardware to a vehicle that you do not own or were not authorised to do so then we reserve the right to suspend, terminate or cancel your account effective immediately.
15. REFUNDS POLICY
15.1 Any hardware purchased that is deemed defective or inoperable by Track My Ride Pty. Ltd. during the warranty period will be replaced with an item of the same type and model, if no similar item is available then the purchase price will be refunded. Postage from you to Track My Ride Pty. Ltd. will be at your own expense. If the hardware is deemed defective or inoperable by Track My Ride Pty. Ltd., Track My Ride Pty. Ltd. 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 or we suspend, cancel or terminate your account 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 My Ride Pty. Ltd. Services.
15.3 Track My Ride Pty. Ltd. will not issue a refund for purchases due to a change of mind.
16. SHIPPING POLICY
16.1 All hardware purchases will be dispatched within 3 business days assuming we have stock available. If we don’t have stock available you will be informed of an expected time of dispatch and given the opportunity to cancel your order and be refunded should the wait time be unacceptable to you.
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 Victoria 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 My Ride Pty. Ltd., We may deem it reasonable to provide you with alternative operating instructions for any hardware originally purchased from or supplied by us. Track My Ride Pty. Ltd. does not warrant any continuation or equivalence of prior supplied functionality or Services after termination of the agreement.
17.7 Neither you or Track My Ride Pty. Ltd. 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.