Track My Ride Pty. Ltd. ABN 71 617 307 570 offers tracking devices for vehicles and an accompanying software platform to help businesses and private individuals secure, manage and track their vehicles and team members.
1.1. Track My Ride Pty. Ltd. ABN 71 617 307 570 (Track My Ride, we, us or our), own this website, the Software, the Hardware and the Services which are accessible via our mobile applications available on the Apple Store and Google Play Store, and accessible at trackmyride.com.au, and may be available through other addresses and channels (Site). These Terms are entered into between you and us, together the Parties and each a Party.
1.2. These Terms:
1.3. In these Terms, “you” means (as applicable): (a) the entity (for example the company) registered with us as an Account and/or accessing the Services; or (b) the individual accessing or using the Services.
1.4. If you are using the Services on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s Personnel to these Terms.
1.5. You warrant that you are 18 years of age or older and have the legal authority to enter into these Terms.
1.6. By using or accessing the Site, Hardware or Services, and/or by agreeing to these Terms when you create or use an Account, you agree that you have read, understood and agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT USE OR ACCESS THE SITE, HARDWARE AND SERVICES, AND MUST CEASE ALL USAGE OF THE SITE, HARDWARE, AND SERVICES IMMEDIATELY.
1.7. If you were invited to use the services by another user, you are an Authorised User.
2.1. You may order Hardware from us as set out on the Site. Any order placed through the Site is an offer by you to purchase particular Hardware for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
2.2. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
2.3. Each order that we accept results in a separate binding agreement between you and us for the supply of Hardware in accordance with the Terms.
2.4. It is your responsibility to check the order details, including selected Hardware model and pricing, before you submit your order through the Site.
2.5. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing address and a description of what was ordered.
2.6. You must pay the Hardware Price for each piece of Hardware you order plus any applicable Delivery Costs based on the delivery options selected by you as set out on the Site in accordance with this clause. All amounts are stated in Australian dollars. We display Delivery Costs separately from the Hardware Price. Where you order Hardware for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Hardware Price.
3.1. All purchases made through the Site are subject to availability. We do our best to keep Hardware in stock and to keep the Site up to date with the availability of Hardware.
3.2. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Hardware you ordered (for example for an event beyond our reasonable control) or if the Hardware you ordered was subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on back-order. If you choose to place your order on back-order, we will contact you to arrange delivery once the Hardware is available.
3.3. We do not accept returns or issue refunds for change of mind.
4.1. If possible, we will deliver the Hardware to the delivery address you provide when making your order. We deliver Australia wide. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.
4.2. We endeavour to dispatch Hardware within 72 hours of receiving payment for an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
4.3. We may deliver the Hardware using a range of delivery methods.
4.4. Title in any purchased Hardware will remain with us until the later of (i) receipt by us in full of the Hardware Price or (ii) the Delivery Date. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest on or over the Hardware.
4.5. Risk in any purchased Hardware will pass to you as soon as it is delivered to the delivery address you provided in your order. Once risk in the Hardware passes, you will be solely responsible for the Hardware.
5.1. In consideration of your payment of the Hardware Price and Subscription Fee, we will provide the Services in accordance with these Terms.
5.2. When you register an Account and create a Subscription to use the Services and accept these Terms through the Site you will become a subscriber. As a subscriber with an Account you may access the Services to customise your Account, set up Authorised User accounts, link Hardware and to access and use the Services, subject to you selecting and paying for a Subscription, as set out below.
5.3. Once you have an Account, you can activate and link all Hardware you purchase from us to your Account from within your Account.
5.4. You must ensure that any information you provide to us, or we request from you, for your Account, is complete and accurate and you are authorised to provide this information to us.
5.5. It is your responsibility to keep your Account details confidential. You are responsible for all activity on your Account, including activity by Authorised Users and for ensuring that any activities on your Account comply with these Terms. Track My Ride Pty Ltd respects your data and privacy and is handled according to our Privacy Policy. This complies with the obligations under the Privacy Act 1988.
5.6. We are not responsible for the management or administration of your Account or your Authorised Users.
6.1. Unless you’re in a free trial or other offer period, you’ll need to pay for a Subscription based on the pricing of your selected Subscription. The pricing details and other terms of your Subscription are explained when you select your Subscription on the Site.
6.2. To access the Services, you must maintain an active Subscription set out on the Site or be an Authorised User of an account with an active Subscription.
6.3. Your Subscription Fee will be dependent on your chosen pricing plan (Subscription). We may update or amend the pricing plan from time to time.
6.4. Your Subscription may begin with a free trial. The free trial period of your Account will last for the period specified on the Site. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible.
6.5. Any applicable Hardware bundled sign-up bonus such as “3 months free tracking service”, “90 days free tracking service”, “60 days free tracking service”, or “30 days free tracking service” is applicable for new accounts with the purchase of a new Track My Ride GPS tracker that comes bundled with this offer and is redeemed automatically with the creation of a new Account once only.
6.6. If you do not cancel your Account during the free trial period, we will charge your chosen payment method for the Subscription you have chosen and its corresponding Subscription Fee on the day your free trial ends. If your payment method cannot be charged, you will not be able to access the Services once the free trial ends.
6.7. You agree to pay us the Subscription Fee to benefit from our Services, at the interval described in your Subscription, throughout the duration of your Subscription.
6.8. In some cases, your payment date may change, for example, if payment is unable to be processed or if your Subscription began on a day not contained in a given month.
6.9. We may modify the Subscription Fee from time to time upon notice to you. The updated Subscription Fee will apply in the next billing cycle after the change has occurred. If you do not agree to the fee change, you may cancel your Subscription before the next billing cycle.
6.10. You may, as a corporate entity, select to receive a custom quote for our Hardware and Services. In this instance, the parties must agree on the fees and payment terms in writing and we will issue invoices to you for the Hardware and Services outside of the Site and you must pay these invoices in accordance with the agreed payment terms. To the extent of any ambiguity or discrepancy between the agreed upon payment terms and the Terms, the payment terms agreed between the parties will prevail.
6.11. Other than as expressly stated in these Terms, to the maximum extent permitted by law, any Subscription Fees paid are non-refundable and there will be no refunds for any unused part of your Subscription.
6.12. You may upgrade or downgrade your Subscription at any time using your Account settings. Unless otherwise agreed between the Parties, if you upgrade your Subscription, the payment method linked to your account will automatically be charged the Subscription Fee on a pro rata basis for your Subscription at the time you upgrade. If you downgrade your Subscription, your downgrade will be scheduled to occur at the start of your next billing cycle.
6.13. Subscriptions automatically renew for additional periods equal to the preceding term, unless you terminate your Subscription in accordance with the Termination clause below.
6.14. The Hardware has a built in Sim Card that is not user serviceable and is intended to be used by the Hardware only to provide data connections to our servers. Any unauthorised usage of the Hardware, Software or parts of the Hardware or Sim Card by you, your Personnel or Authorised Users in a way not authorised by us which causes a financial liability to us will be billed to you at the price charged to us by our telecommunications service providers in addition to any other applicable fees. If you use the Sim Card from Hardware provided by us in any way not authorised by us you are liable for any data usage associated with that Sim Card, charged at AU$1.50 + AU$0.15 GST (Total Price AU$1.65) per megabyte.
7.1. Subject to the payment of any applicable Subscription Fee and your Authorised Users’ compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable (except to Authorised Users’ or as otherwise permitted under these Terms), personal and revocable licence to access and use the Services for the Term in accordance with any usage limits set out in your Subscription (Licence).
7.2. You must not (and must ensure your Authorised Users do not) access or use the Services except as permitted by the Licence and you must not (and must not permit any other person to) use the Services in any way which is in breach of any applicable Laws or which infringes any person's rights, including Intellectual Property Rights, including to:
8.1. You acknowledge and agree that:
8.2. You acknowledge that the Services include certain optional functionality that may interface or interoperate with third party software or services.
8.3. To the extent that you choose to use such functionality and they are not a part of the Services, you are responsible for the purchase of, the requirements and the licensing obligations related to the applicable third party software and services.
8.4. It is your responsibility to ensure these requirements are met in order for you to benefit from the specific functionality made available to you.
9.1. During the Term we will provide you with technical support services, via email and/or telephone during Business Hours if support services are included in your Subscription, or as otherwise agreed between the Parties, provided that where required, you assist us in investigating and ascertaining the cause of the fault and provide us with access to all necessary information relevant to the fault (including what you have done in relation to the fault).
9.2. The Track My Ride service centre operates during Business Hours only. We will deal with any reasonable request during these hours to offer support or rectify, repair or replace any fault with our Hardware or Software services.
9.3. Should you, during the course of a telephone conversation, in person, 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 services going forward. Any further correspondence must then be by email only.
10.1. You may request development or professional services, including bespoke customisation to the scope or functionality of the Services (not set out in your Subscription), by providing written notice (including by email) to us.
10.2. We may, at our discretion, provide you with written notice in the form of a scope of services, a proposal or a statement of work (as applicable) covering the development or professional services requested and any further fee required for us to undertake the development or professional services.
10.3. If you agree to the scope of services, proposal or statement of work (as applicable), for the development or professional services, then we will provide the development or professional services to you in consideration for payment of the additional fee, which will form part of the price payable by you to us under these Terms.
11.1. 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.
11.2. You will comply with the reasonable directions of us from time to time regarding the use of the Service and Documentation.
11.3. You will only install and operate our Hardware in vehicles or equipment that you personally own or have written permission from the owner authorising the installation and operation of our Hardware and Services in the vehicle.
11.4. You will not install or operate our Hardware or Services in connection with the Service in any vehicle or equipment that is operated by a third party to you at any given time unless you have their written consent to do so.
11.5. Under no circumstances will we tolerate threatening or abusive behaviour from you towards our Personnel. Should this occur, we reserve the right to terminate the agreement effective immediately.
11.6. You agree to:
12.1. You agree to pay us as they fall due:
in accordance with the payment terms.
12.2. You must pay the Hardware Price and Subscription Fee using one of the methods set out on the Site and you must not pay, or attempt to pay, the Hardware Price or Subscription Fee by fraudulent or unlawful means. If we offer payment via a third party payment processor, the third party payment processor’s terms and conditions will apply.
12.3. In the absence of fraud or mistake, all payments made are final. If you make a payment by direct debit, debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the direct debit bank account details, debit card or credit card to make the payment, that your payment will be honoured by your bank or card issuer, and that you will maintain sufficient funds in your account to cover the Hardware Price and/or Subscription Fee (as applicable).
12.4. In order to continue accessing our Services, you need to make timely payments based on the pricing plan (Subscription) you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your Account until the payment is made.
12.5. If any payment has not been made in accordance with these Terms, we may (at our absolute discretion):
13.1. We represent, warrant and agree that:
13.2. You represent, warrant and agree that:
14.1. You agree that all Intellectual Property Rights:
14.2. You agree that we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.
14.3. In the use of any Intellectual Property Rights in connection with these Terms, you must not (and you must ensure that your Personnel or Authorised Users do not) commit any Intellectual Property Breach.
14.4. This clause 14 will survive termination or expiry of these Terms.
15.1. When you enter or upload your Data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back-up or otherwise access all Data, including personal data of yourself and others, to:
15.2. You must, at all times, ensure the integrity of the Data and that your use of the Data is compliant with all Laws.
15.3. You represent and warrant that:
15.4. We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it.
15.5. You acknowledge and agree that the operation of the Services is reliant on the accuracy of the Data, and the provision of inaccurate or incomplete Data by you may affect the use, output and operation of the Services.
16.1. Despite anything to the contrary, we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Services, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics publicly available, provided that it:
16.2. We, and our licensors own all right, title and interest in and to the Analytics and all related software, technology, documentation and content used or provided in connection with the Analytics, including all Intellectual Property Rights in the foregoing.
17.1. Each Receiving Party agrees:
17.2. The obligations in clause 17.1 do not apply to Confidential Information that:
17.3. Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 17. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 17.
17.4. This clause 17 will survive the termination of these Terms.
18.1. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (a) to cancel your service contract with us; and (b) to a refund for the unused portion, or to compensation for its reduced value. (c) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
18.2. Where you return Hardware to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example Delivery Costs) of you returning the Hardware to us.
18.3. Where your claim is a valid claim under the Australian Consumer Law, we will refund your return Delivery Costs and, depending on the failure, either dispatch a new or repaired replacement Hardware or refund you the Hardware Price of the relevant Hardware. Please contact us for further information.
18.4. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
18.5. This clause 18 will survive the termination or expiry of these Terms.
19.1. You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
19.2. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
19.3. This clause 19 will survive the termination or expiry of these Terms.
20.1. Despite anything to the contrary, to the maximum extent permitted by law:
20.2. You acknowledge and agree that:
20.3. This clause 20 will survive the termination or expiry of these Terms.
21.1. You may terminate these Terms at any time via the “Cancel Account” (or similar) feature in your Account. Your subscription will be marked as Non-renewing and the termination will be in effect at the end of your current billing cycle, in which case clause 21.3 will apply.
21.2. These Terms will terminate immediately upon written notice by:
21.3. Upon expiry or termination of these Terms:
21.4. We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms.
21.5. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
21.6. This clause 21 will survive the termination or expiry of these Terms.
22.1. If GST is payable on any supply made under these Terms, the recipient of the supply must pay an amount equal to the GST payable on the supply. That amount must be paid at the same time that the consideration is to be provided under these Terms and must be paid in addition to the consideration expressed elsewhere in these Terms, unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.
22.2. If an adjustment event arises in respect of any supply made under these Terms, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.
22.3. If the recipient is required under these Terms to pay for or reimburse an expense or outgoing of the supplier, or is required to make a payment under an indemnity in respect of an expense or outgoing of the supplier, the amount to be paid by the recipient is to be reduced by the amount of any input tax credit in respect of that expense or outgoing that the supplier is entitled to.
22.4. The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement.
22.5. If GST is payable on any supply made under these Terms and the supply was originally expressed to be inclusive of GST and the amount of GST on taxable supplies changes, an adjustment event will occur in respect of any supply made under these Terms to adjust the supply to be inclusive of GST at the new rate.
23.1. Illegal Requests: We reserve the right to refuse any request for or in relation to any Hardware and Services that we deem inappropriate, unreasonable, illegal or otherwise non-compliant with these Terms.
23.2. Upgrades: Despite any provision to the contrary we reserve the right to upgrade, update, alter or substitute the Services (including any Software), provided that any such upgrade does not materially and detrimentally impact on the performance or function of the relevant Services.
23.3. Changes to the Terms: Without limiting clause 12, we may vary, alter, replace or revoke any of these terms and conditions by posting the updated terms and conditions on the Site. Changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our Services. If a change isn’t material, we may not notify you. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.
23.4. Publicity: With your written consent, you agree that we may advertise or publicise the broad nature of our provision of the Hardware and Services to you, including on our Site or in our promotional material.
23.5. Privacy:
23.6. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent (such consent is not to be unreasonably withheld).
23.7. Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
23.8. Entire agreement: These Terms contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
23.9. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
23.10. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
23.11. Governing law: These Terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
23.12. Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
23.13. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in any Order, and:
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Account means an account accessible to you and/or your Authorised Users to use the Services.
Authorised User, if applicable, means a user permitted to access and use the Services under your Account.
Business Day means a day on which banks are open for general banking business in Victoria Australia, excluding Saturdays, Sundays and public holidays.
Business Hours means the hours between 9am to 5pm on a Business Day.
Confidential Information includes information which:
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Data means any information, materials or other data created by the use of the Hardware and Services or data inputted by you, your Personnel or Authorised Users into the Services or stored by the Services or generated by the Services as a result of your use of the Services. Data also constitutes any Copyright owned by us including algorithms, meta data, derived data, data sets, coding or location data which is owned exclusively by us under the Copyright Act 1968.
Delivery Costs means the costs associated with the delivery or provision of the Hardware, including any insurance, customs, tariffs, duties or other such charges that may apply to the Hardware, as set out on the Site when you make an order.
Delivery Date means the date when the Hardware is delivered to you at the delivery location provided when you make your order.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Feedback means any idea, suggestion, recommendation or request by you or any of your Personnel or Authorised Users, whether made verbally, in writing, directly or indirectly, in connection with the Services.
Hardware means any hardware, including GPS trackers, that you purchase from the Site or operates in conjunction with our Services.
Hardware Price means the price due and payable by you for the Hardware, as set out on the Site.
Insolvency Event means any of the following events or any analogous event:
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you (or your Personnel):
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Hardware and Services.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Privacy Policy means our privacy policy found at www.trackmyride.com.au/privacy.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Services means the provision of access to our Site and Software which will provide you with Data, data analysis, an overview of your vehicles, Personnel, Authorised Users, alerts, reports and statistics.
Subscription means the plan you choose, including the associated Subscription Fee, billing cycle, features, provision of support services, and number of Tracking Licences (Tracking Licence), as set out on the Site and post purchase, and as set out within your Account.
Subscription Fee means those fees due and payable by you for the Services, as set out in your relevant Subscription.
Software means the software used to provide any of the Services, and includes any software within any Hardware, any software as a service, any instructions in hard copy or electronic form and any update, modification or release of any part of that software after these Terms are entered into by the Parties.
Tracking Licence means a single licence which permits a single device of the licence category to be accessible, capture, record and transmit Data against your Account.
Terms means these terms and conditions and any terms agreed under it and any documents attached to, or referred to in them.
In these Terms, unless the context otherwise requires:
For any questions and notices, please contact us at:
Track My Ride Pty. Ltd. ABN 71 617 307 570
Address: 661 Waterdale Rd, Heidelberg West QLD 3081
Email: [email protected]
Phone: 1300 553 022 (M-F 9-5 VIC, Australia)
Last update: 17 November 2023
This document sets out the privacy policy of TRACK MY RIDE PTY. LTD. (ABN 71 617 307 570) (referred to in this privacy policy as ‘we’, ‘us’, or ‘our’).
We take our privacy obligations seriously and we’ve created this privacy policy to explain how we store, maintain, use and disclose personal information.
By providing personal information to us, you consent to our storage, maintenance, use and disclosure of personal information in accordance with this privacy policy.
We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.
The personal information we collect may include the following:
We may collect personal information either directly from you, or from third parties, including where you:
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
We may use Google Analytics to collect and process data, including when you use third-party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.
We collect and use personal information for the following purposes:
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
Unlike many of our competitors, we do not sell your location data. It couldn't be more simple than that!
How we use and utilise your data to deliver our services is specified in our Terms and Conditions, clause 15.
On using our platform, we will request your consent to use location services to precisely identify your location. If you provide your consent, we will share your location with the relevant approved account holder, being your employer, contractor or the owner of the relevant vehicle.
If you do not provide your consent, you may not be able to access our services. To withdraw your consent at any time you can turn off the localisation permissions for our app on your device.
The location services in the platform will not operate unless location services/data are generally enabled on your device. You may disable such functionality at any time by turning your device’s location on “off” using the device’s settings app. When you allow your device to use location services/data, data will also be collected by Google (Android phones) or Apple (Apple phones) in accordance with their Privacy Policy.
We exert no control over Google’s Privacy Policy and we therefore recommend that you consult their privacy policy for further information on how Google protect personal data. Please visit their site at https://policies.google.com/privacy?hl=en-US.
We exert no control over Apple's Privacy Policy and we therefore recommend that you consult their privacy policy for further information on how Apple protect personal data. Please visit their site at https://www.apple.com/legal/privacy/en-ww/.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe. We reserve the right to charge a fee for searching for, and providing access to, your information on a per request basis.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.
For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
Track My Ride Pty. Ltd. ABN 71 617 307 570
Address: 661 Waterdale Rd, Heidelberg West QLD 3081
Email: [email protected]
Phone: 1300 553 022 (M-F 9-5 VIC, Australia)
Last update: 27 March 2024