End User License AGreement
MONDAY 7TH DECEMBER 2015
These terms and conditions govern Your use of the www.freevehicletracking.com website (“Website”) and the software that We have created and allowed You to use to view the location of Your tracking device(s) (“Software”). By using the Software and/or the Website You are agreeing to these terms and conditions. If You don’t agree with these terms and conditions then You must stop using the Software and/or the Website.
The preliminary stuff: Before You are able to use the Website and the Software You have (1) purchased hardware from someone else, (2) had the tracking hardware installed by someone else and (3) purchased a SIM card and entered into a contract with a telecommunications provider (for the SIM card and also for Your internet access). All of them are separate from Us and We are not liable to You in any way in connection with their content or anything they did or failed to do. We are also not liable or responsible for any other charges You incur connected with the Website and the Software (for example text message costs).
Your choice to use: It is solely Your choice to use the Software and the Website and We have not made any representations or promises to You about Your use of them. You have made up Your own mind and not relied on anything We (or our agents or employees) have said or provided to You about the Website and Software.
Your use: You don’t own the Software and/or the Website, We do. Your only rights are to use the Website and the Software on a non exclusive basis (We are allowing lots of people to use them both), are personal to You (You can’t transfer Your rights to anyone) and payment free (subject to the further terms below). You must only use the Software and/or the Website for Your own personal use, not for a business and for lawful purposes – in particular You cannot use the Software and/or the Website to stalk another person. We may also limit Your usage of the Software and/or the Website so as to provide fair use of them by all licensees.
What You can’t do: You can’t claim ownership of the Software and/or the Website or any other rights to either of them. Without our prior written consent (which We can withhold for any reason) You can’t and You can’t allow any other person, party or entity to (1) decompile, disassemble or reverse-engineer the Software, (2) remove any product identification or proprietary rights notices of the Software, (3) lease, lend or use the Software for any other purposes other than as licenced pursuant to these terms, (4) modify or create derivative works of the Software, (5) publish any performance or bench mark tests or analysis related to the Software or, (6) otherwise use or copy the Software except as is expressly provided within these terms.
What We can do: We can (1) modify, update or discontinue the Software and/or the Website at any time upon giving You reasonable notice, at our sole discretion for any or no reason, (2) stop or suspend Your use of the Software and/or the Website if You breach any of theses terms or You fail to pay us any money, (3) charge You interest at the rate of 12% per annum for every day You haven’t paid Us any amount. Our rights and remedies are not limited by this list.
If You don’t comply with these terms and conditions: If this occurs and We suffer any loss, damage cost or expense whatsoever then We can do any of the following at our choice and in any combination: (1) terminate Your rights to use the Software and/or the Website, and/or (2) take legal proceedings against You. These remedies are not exclusive or exhaustive. You agree that damages may not always be an appropriate remedy, and that We are entitled to seek injunctive and other urgent equitable relief.
Indemnity: In addition, if You don’t comply with these terms and conditions and We suffer any loss, damage cost or expense whatsoever as a result then You must immediately indemnify and hold us harmless in respect of any and all costs, damages, losses and/or charges (including but not limited to legal costs on a full indemnity basis) We suffer or incur connected with that non compliance.
It’s not our fault if: We are not liable to You if any hardware breaks down or there are problems with Your telecommunications provider, problems with the Internet generally or with any providers such as Google. We can’t and won’t be responsible for things that are outside Our control. In addition to this, because We are letting You use the Software and the Website for free We are not liable to You for anything that goes wrong and for any and all damages, losses, costs and/or expenses You suffer or incur. In respect of the extra stuff that We charge You for, if something goes wrong and it’s our fault, the maximum amount We have to pay You connected with our default is the amount We have charged You for those services and paid for by You in the six (6) months before that default.
Extra stuff: While the basic functionality on the Website is free, We can add new functionality and modules. That new functionality may not be free and charges may apply. We will identify clearly for You what You must pay for. Any payments You must make to Us must be paid in full and free of any deductions or withholding whatsoever, and by the due date. If we don’t nominate a due date for payment then the default due date for payment is within 7 days of the date of our invoice.
Information: In signing up to use the Software and the Website You are providing us with personal information that We need to be able to provide them to You, and unfortunately to pursue You if You don’t comply with these terms and conditions. We will comply with all Australian legislation regarding the collection, storage and use of that personal information and You have the right to view and correct any such information held by us. In addition You provide us with an irrevocable licence to provide collected and collated GPS tracking information and/or data regarding Your Tracking Device to third parties for traffic reporting purposes and other lawful activities so long as that data and/or information does not refer to Your name or otherwise personally identify You.
At the end: All good things come to an end eventually. When Your rights to use the Software and the Website come to an end then (1) You must immediately cease using the Software and Website, (2) any amounts that You haven’t paid to Us become immediately due and payable. If You have voluntarily stopped Your use of the Website and/or Software then any prepayments You have made to Us are not refundable.
Definitions: ‘Us’ or ‘We’ or ‘Our’ means GPSENGINE PTY LTD (ACN 137 859 075) and our transferees and successors in title; ‘You’ and ‘Your’ means the person who signs up to use the Software and the Website.
The law: As We are an Australian Company, the laws of Queensland Australia apply to these terms and conditions and the Courts of Queensland will determine any dispute.
Amendment: We can amend these terms from time to time. If We do, We will let You know of the changes via the Website, and You will need to agree to those changes before You can continue to use the Software and the Website.