Terms and conditions
trackOmeter Terms and conditions
The trackOmeter terms and conditions (“Agreement”) is a legal agreement between TRACKOMETER Pty. Ltd. and the entity or person (“you”, “your”, or “user”).
If you do not understand any of the terms of this Agreement, please contact us before using the Services.
By visiting our site and/ or purchasing something from us, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available at www.trackOmeter.net. This Agreement applies to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content or Services.
SECTION 1 - PRODUCTS AND SERVICES
The Services we provide may include sale of Products (“GPS Trackers”, “trackers”, “tracking device”, “product”), Services (“subscriptions”, “sim-card”, “service”), Content (“Website”, “mobile app”, “telephone calls”, “sms”, “in-app notifications”) and any other Products, Services or Content that we make available from time to time.
We may supply the Services to you through network operators (“Carriers”) nominated by us from time to time and you agree that we may change Carriers at any time without providing any notice to you.
Subject to the requirements of any applicable legislation, we do not warrant that we will be able to supply any of the Services to you.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any Products, Services, Content, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.y third-party.
SECTION 2 - CHARGES AND PAYMENTS
You agree that you will be liable for all levies and charges for any Services used via your tracker (or sim-card usage), even if you are not using those Services, or the Services are used while your tracker or sim-card is not in your possession.
We may not increase our Charges without your consent. We may increase our Charges on the provision of written notice to you by email or any other lawful means and your written consent to these changes to your Charges by email or by any other lawful means. You will be deemed to have given consent if you fail to respond to our written notice within thirty (30) days. The increase in Charges will take effect at the date stated on our notice or if not stated, at the commencement of the month following the date that our written notice is provided.
If we provide you with a sim-card, that sim-card will remain our property. If you lose your sim-card or tracker, you agree to promptly notify us. We may charge you for any replacement sim-card.
We reserve the right to refuse any order you place with us.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if Content is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content is at your own risk.
We undertake no obligation to update, amend or clarify information in the Services or Content, including without limitation, pricing information, except as required by law.
SECTION 4 - THIRD-PARTIES
Certain Content, Products and Services available through us may include materials from third-parties.
We are not liable for any harm or damages related to the purchase or use of Products, Services, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party Products should be directed to the third-party.
We may pay sales agents fees or commission to any dealer or retailer who introduces you to us.
SECTION 5 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 6 - PERSONAL INFORMATION
SECTION 6 – PERSONAL INFORMATION
SECTION 7 - PROHIBITED USES
In addition to other prohibitions as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Services or Content for violating any of the prohibited uses.
SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
You agree that from time to time we may remove the Services for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Products and Services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TRACKOMETER PM Pty. Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any Products procured using the service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Services or any Content (or Product) posted, transmitted, or otherwise made available through us, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 9 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TRACKOMETER PM Pty. Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 10 - TERMINATION
You can terminate this Agreement at any time with 48 hour written notice.
Subject to the requirements of any applicable legislation, no refunds will be provided if we suyspect that you have changed your mind about using our Products or Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 11 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Agreement any time at www.trackometer.net.
We reserve the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Content or Services following the posting of any changes to this Agreement constitutes acceptance of those changes.