Terms of Service

July 2020

This website at itrackers.com.au (the Website) along with the web tracking platform (the Platform) and the mobile app (the App) are operated by iTrackers (ABN 57 154 358 988) (iTrackers, us, we, our), located at PO Box 2365, Ivanhoe East VIC 3079, Australia.

These Terms of Use are important and govern your use of the Website, Platform and App, our trading relationship and your purchase of iTrackers products from us and our authorised retailers. Please read them carefully.

By using the App, Platform or when making purchases on the Website, you agree to be bound by these Terms of Service. When you purchase iTrackers products from third parties, you may also be subject to the terms of trade of those third parties.

If you purchase a iTrackers product from our authorised retailers and suppliers these Terms of Service will govern your rights in relation to iTrackers products. iTrackers will not accept responsibility for any additional rights offered or obligations undertaken by third parties including authorised retailers and suppliers.

iTrackers reserves the right to change these Terms of Service from time to time without notice. It is your responsibility to regularly check these Terms of Service for any changes made prior to your use of the Website and App or purchase of any iTrackers product. Your continued use of the Website, Platform and App or purchase of any iTrackers product whether from this Website or from a third party following the posting by us of any version of these Terms of Service, confirms your acceptance of this Agreement and all changes.

You warrant and represent that you have the legal right and ability to enter into legally binding agreements with iTrackers. You must be at least 18 years of age or have the consent of a parent or guardian to enter this Agreement and to purchase any product from this Website or to use the Platform and App.

If you are using the Website, Platform or App on behalf of a company or other legal entity, you warrant and represent that you are authorised to use this Website, Platform or App for and on behalf of that company or other legal entity and that you are authorised to bind such company or other legal entity to these Terms of Service.

To report any problems regarding the Website, please contact iTrackers at sales@itrackers.com.au

iTrackers sells GPS tracking devices (the Product) which is accompanied by the App and Platform. To purchase a Product, please select it by placing it in the Website shopping cart. Your selection of a Product constitutes an offer by you to iTrackers to buy the selected product on this Website (Order). All Orders are subject to acceptance by iTrackers and are subject to availability.

iTrackers will confirm acceptance of the Order when your payment is received in full as cleared funds by dispatching the products to you and by sending an invoice to you by email confirming that your order has been accepted.

Orders accepted by iTrackers can only be cancelled by iTrackers in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order, delivery of the products and its cancellation. You may contact us in order to make a request for the cancellation of the Order including an explanation of the reason for your cancellation request.

Products cannot be purchased for the purpose of reselling to others without the written permission from iTrackers.

Prices appearing on this Website are in Australian Dollars ($AU) and are inclusive of sales tax (such as GST) where applicable.

When you set up the product in the Platform and App, you will need to choose a data plan (either monthly, quarterly or annual). The price of the data plan may be subject to change. Data plans automatically renew at the end of the chosen billing cycle (either monthly, quarterly or annual) unless a cancellation request has been submitted prior to the renewal date. A cancellation request must be submitted via the client portal per the instructions outlined here. Cancellation requests will not be accepted via email or phone.

To pay for an Order, simply complete the requested details when prompted to do so in the Shopping Cart and Checkout sections of this Website. We accept Visa, MasterCard, American Express and PayPal methods of payment for an Order. You will be solely liable for all credit card charges, bank charges and any PayPal charges on the transaction for each Order.

For each Order you make of a Product, you agree that: (a) the Product will be delivered to the address you nominate in your Order; (b) iTrackers is not responsible for Products sent to an incorrectly supplied address; (c) iTrackers is not responsible for Products you fail to collect from iTrackers’ delivery agent or any third party delivery depot such as a postal service.

iTrackers warrants that all Products sold under this agreement will conform in all material respects to the specification for a period of 1 year (Warranty Period) from the date of sale.

If iTrackers delivers you a product that you consider does not conform to the specification or is not in accordance with your Order, please contact iTrackers at support@itrackers.com.au as soon as possible within the Warranty Period. iTrackers support staff will attempt to resolve the issue with you via email where required and try to determine if there is a technical fault with your Product.

No refunds are provided for data plans. Overdue data plan invoices will incur a $10 late fee and temporary supension if the data plan invoice is 3 days overdue.

As long as you comply with these Terms of Service, iTrackers grants you a non-exclusive, non-transferable, limited right to enter, display and use the Website, Platform and App. You agree not to interrupt or attempt to interrupt the operation of the Website, Platform and App in any way.

All materials on the Website, Platform and App, including but not limited to audio, images, software, text, artwork, video clips and other materials (Content) are protected by copyright under Australian copyright law, international conventions, and other copyright laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Website, the App or the Content. There are a number of proprietary logos, service marks, and trade marks found on the Website, Platform and App, all of which are owned by, or licensed to, or otherwise authorized for use by iTrackers. By making them available on the Website, Platform and App, iTrackers is not granting you any licence to utilize those proprietary logos, service marks, or trade marks. Any unauthorized use of the Content may violate copyright laws, trade mark laws, the laws of privacy and civil and criminal statutes.

You may only use this Website, the Platform and the App and the Products for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Service.

You may not use this Website, the Platform, the App or the Products to track anything that you don’t own or don’t have the express permission of the owner to track.

You may not use this Website, the Platform, the App or the Products to track any person for whom you are not the legal guardian or don’t have the express permission of the person to track. iTrackers limits all liability for your use of the Website, the Platform, the App or the Products including any potential invasion of anyone’s privacy.

It is your responsibility to ensure that your use of the Website, Platform and App complies with the Terms of Service and to seek prior written permission from iTrackers for any uses not expressly permitted.

iTrackers prohibits the use of the Website and App, for any of the following:

(a) tracking people or items without express permission;
(b) transmitting or posting any message, information, data, text, software or images, or other materials (Material) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
(c) impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
(d) posting or transmitting any Material that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
(e) posting or transmitting any Material that contains a virus or corrupted data;
(f) using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website and App or that adversely affects the availability of the Content on the Website, Platform and App to others;
(g) offering for sale or to distribute, exchange, modify or transmit any Content or any information received from iTrackers; and
(h) attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up this Website, the Platform, the App or the Content or for the purpose of creating derivative works from the Website, Platform and App.

You may be required to create an account (Your Account) before you can access certain information or functionality on the Website and App. You must provide complete and accurate information when creating Your Account. You cannot use another person’s account and must immediately notify us of unauthorised use of Your Account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting Material which violates any law.

All Intellectual Property rights in iTrackers Products including without limitation the App and those supplied in relation to an Order from this Website or by any authorised retailer or supplier are retained by iTrackers and you are not entitled to reverse engineer or re-brand the Products in any way.

iTrackers acknowledges that iTrackers products supplied to you may come with guarantees under the consumer law that cannot be excluded. Subject only to the foregoing, iTrackers gives no warranties or guarantees of any kind (whether express or implied) in relation to any iTrackers products.

The iTrackers’ claim on this Website that the Buddy is waterproof is not an express warranty that the Buddy is fully waterproof in all conditions. The Buddy has been tested for water resistance under controlled circumstances and have achieved an IP65 water rating, indicating that the product is rated as "dust tight" and protected against water projected from a nozzle. iTrackers disclaims all liability in relation to water damage to the Buddy that arises from any use of the Buddy that exceeds water rating IP65. The Defender and Eagle products are not waterproof.

The SIM card used in each iTrackers product relies on a connection to a mobile/cellular communications network. If the connection to the mobile/cellular communications network is broken for any reason, the device will not work until the connection is restored. A connection may be broken for a number of reasons including the iTrackers product is being used outside the reach or footprint of the mobile/cellular communications network used by the SIM card, or the mobile/cellular communications network is not functioning or temporarily shut down for maintenance purposes. iTrackers disclaims all liability in relation to any failure of the iTracker product due to the non‑operation or faulty operation of the SIM card that is beyond the reasonable control of iTrackers.

This SIM card can only be used in conjunction with the product it is in and will not work with any other device. Removing the SIM card will void your warranty.

iTrackers will not be liable for any Loss resulting from any action or decision by you in reliance on the material or Content on the Website and App, nor any interruption, delay in operation or transmission of the Website and App. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website and App.

Your use of the Website and App is at your sole risk and you understand that the location data might not be accurate. Location technologies such as GPS are not entirely accurate and are subject to various conditions such as buildings and weather and GPS doesn’t work reliably indoors. iTrackers in not liable for inaccuracies in the location technology.

To the fullest extent permitted by law, iTrackers, its related bodies corporate and their officers, employees, agents and contractors ( the iTrackers’ Group) will not be liable for any Loss or Consequential Loss that results from your use of the iTrackers product(s) (including in accordance with these Terms of Service) even if iTrackers or any other member of the iTrackers’ Group was made aware of the possibility of such losses. If this provision is unenforceable in whole or in part in any jurisdiction in the world due to the relevant laws in that jurisdiction, then in no event will the liability of the iTrackers Group or any member of that Group to you for any Loss or anything else exceed the retail price of the iTrackers product at the time you purchased the Product.

To the fullest extent permitted by law, the iTrackers’ Group will not be liable for any Loss or Consequential Loss that results from any use of or access to, or any inability to use or access the Website, Platform and App or the Content even if iTrackers or any other member of the iTrackers’ Group was made aware of the possibility of such losses. If this provision is unenforceable in whole or in part in any jurisdiction in the world due to the relevant laws in that jurisdiction, then in no event will the liability of the iTrackers Group or any member of that Group to you for any Loss or anything else exceed the lesser sum of AU$1.00 and the amount paid by you, if any, for accessing the Website, Platform and App.

Without limitation to any other provision in these Terms of Use, iTrackers acknowledges that the Competition and Consumer Act 2010 (Cth) (Act) and other statutes from time to time enforced in Australia may imply warranties or conditions or impose guarantees or obligations upon iTrackers in relation to the products and services available on this Website which cannot be excluded, restricted or modified except to a limited extent. If any such statutory provisions apply in Australia, then to the extent to which iTrackers is entitled to limit its liability under that statutory provision (including, pursuant to Schedule 2, Sections 64A and 276A of the Act), iTrackers’ liability shall be limited to any one or more of the following in its sole discretion: (i) in the case of any good, the replacement or repair of the good, or the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or acquiring equivalent goods; (ii) in the case of any service, the supply of the services again, or the payment of the cost of having the services supplied again.

You release the iTrackers’ Group from and against all Loss resulting from:

(a) your use of the Website, Platform and App;
(b) any activity by you or a third party relating to Your Account;
(c) your improper use of the iTrackers products;
(d) any injury received by your pet in connection with its use of the iTrackers products; and
(e) your failure to comply with these Terms of Service.

You agree to indemnify and keep indemnified iTrackers from and against any Loss which iTrackers incurs or suffers as a result of any default by you in respect of these Terms of Service or of any act or omission by you in connection with your use of the Website, Platform and App.

iTrackers will not be responsible for delays or failure of performance resulting from acts beyond its reasonable control. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failures, earthquakes, or other disasters.

These Terms of Use constitutes the complete and entire agreement and/or arrangement between you and iTrackers and supersedes all previous communications, oral or written, between us and in connection with the subject matter hereof. No representations or statements of any kind made by you or by iTrackers that are not expressly stated herein shall be binding on either you or iTrackers.

No delay or failure in exercising any right hereunder and no partial or single exercise thereof shall be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of this Agreement shall constitute consent to any prior or subsequent breach.

In the event any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be amended only to the extent necessary to make it enforceable, and the other provisions of this Agreement will remain in full force and effect.

In these Terms of Use, unless otherwise indicated by the context:

‘Consequential Loss’ means any form of indirect or consequential Loss including any third party Loss, loss or corruption of data, loss of profits, loss of revenue, business disruption, loss of opportunity, loss of anticipated savings, pure economic Loss and any increased operating costs suffered or incurred by any person whether arising in contract or tort (including negligence) or under any statute;

‘GST’ means the goods and services tax implemented under the GST Laws;

‘GST Laws’ means A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth of Australia) and all related Commonwealth legislation, and includes all regulations, determinations and rulings associated with or made under any such legislation;

‘Intellectual Property’ means all present and future rights, title and interest conferred by statute, common law or equity in or in relation to copyright, trade marks, service marks, designs, inventions (including patents), circuit layouts, business and domain names, whether or not now existing and whether or not registered or registrable and includes:

(a) any right to apply for the registration of these rights;
(b) all renewals and extensions of these rights; and
(c) all ancillary rights or related rights;

‘Loss’ means all liabilities, losses, damages, expenses and costs (including legal costs and disbursements on a full indemnity basis and whether incurred or awarded), of any kind and nature whether arising in contract or tort (including negligence) or under any statute;

‘Moral Rights’ means all present and future rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed and rights of a similar nature conferred by statute anywhere in the world;

‘Taxable Supply’ has the same meaning as in the GST Laws;

‘Tax Invoice’ has the same meaning as in the GST Laws;

In these Terms of Use, unless the context requires otherwise:

(a) headings are for convenience only and do not affect interpretation;
(b) words importing the singular include the plural (and vice versa), and words indicating a gender include every other gender;
(c) an obligation on two or more parties, binds all of them jointly and each of them severally;
(d) a reference to a ‘person’ includes a body corporate, an unincorporated body or other entity and conversely;
(e) a reference to any party to this Agreement or any other agreement or document includes the party’s successors and permitted assigns;
(f) an agreement, representation or warranty on the part of two or more persons binds each and all of them and in favour of two or more persons is for the benefit of each and all of them;
(g) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by this agreement or that other agreement or document;
(h) a reference to any legislation or to any provision of any legislation includes any statutory modification or re-enactment of it or any legislative provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it;
(i) a reference to conduct includes any omission and any statement or undertaking, whether or not in writing;
(j) this document or any part of it is not to be construed against a party because that party drafted or proposed it;
(k) where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(l) the word ‘includes’ in any form is not a word of limitation;
(m) a reference to ‘$’ or ‘dollar’ is to Australian currency (unless otherwise stated);
(n) if any day appointed or specified by this Agreement for the payment of any money or doing of anything falls on a day which is not a business day, the day so appointed or specified shall be deemed to be the next business day;
(o) expressions used in this Agreement that are defined in the Copyright Act 1968 (Commonwealth of Australia) that are not separately defined in this Agreement have the meanings attributed to them in that Act.
(p) all warranties will have the force and effect of conditions.
(q) all warranties, representations, undertakings, releases and indemnities, and all limitation of liabilities will survive termination or expiration of this Agreement for any reason and are for the benefit of each party’s successors and permitted assigns.

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