Terms of Service

1. Agreement to Terms

By accessing or using Protekt GPS services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our services.

2. Description of Services

Protekt GPS provides:

• Real-time GPS vehicle tracking
• Fleet management software
• Mobile applications
• Reporting and analytics tools
• Related support services

3. Account Registration

To use our services, you must:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activities under your account

4. Acceptable Use

You agree not to:

• Use our services for illegal purposes
• Interfere with or disrupt our services
• Attempt to gain unauthorized access
• Reverse engineer our software
• Violate any applicable laws or regulations

5. Payment Terms

• Services are billed monthly in advance
• All fees are in Australian dollars
• Payment is due upon receipt of invoice
• Late payments may result in service suspension
• No refunds for partial months of service

6. Service Level Agreement

We strive to provide:

• 99.9% uptime for tracking services
• 5-second GPS update intervals
• Australian-based customer support during business hours
• Regular software updates and improvements

7. Data Ownership and Usage

• You retain ownership of your data
• We may use aggregated, anonymized data for improvements
• You grant us license to use your data to provide services
• We will not sell your data to third parties

8. Privacy

Your use of our services is governed by our Privacy Policy, which is incorporated into these Terms of Service.

9. Intellectual Property

All content, features, and functionality of our services are owned by Protekt GPS and protected by international copyright, trademark, and other intellectual property laws.

10. Hardware

• GPS tracking devices remain property of Protekt GPS unless purchased outright
• You are responsible for proper installation and maintenance
• Damaged or lost devices may incur replacement fees
• Devices must be returned upon service termination

11. Your Rights Under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law where to do so would be unlawful. For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time, and if this is not done, to cancel your contract and obtain a refund for the unused portion.

12. Limitation of Liability

Subject to Section 11, and to the maximum extent permitted by law:

• Where the Australian Consumer Law applies and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a breach of a consumer guarantee is limited (at our option) to resupplying the services or paying the cost of having them resupplied.
• We are not liable for indirect, incidental, or consequential loss or damage.
• Other than liability that cannot be excluded or limited by law, our total liability arising from or in connection with the services is limited to the fees paid by you in the preceding month.

13. Indemnification

You agree to indemnify and hold harmless Protekt GPS from any claims arising from:

• Your use of our services
• Violation of these terms
• Violation of any rights of another party

14. Termination

• Either party may terminate with 30 days written notice
• We may terminate immediately for breach of terms
• Upon termination, access to services will cease
• Termination does not relieve payment obligations

15. Modifications

We reserve the right to modify these terms at any time. Continued use of our services after changes constitutes acceptance of new terms.

16. Governing Law

These terms are governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of Victoria.

17. Entire Agreement

These Terms of Service constitute the entire agreement between you and Protekt GPS regarding the use of our services.

18. Contact Information

For questions about these Terms of Service:

• Email: legal@protektgps.com
• Phone: 1300 952 530
• Address: Protekt GPS, Level 10, 123 Collins Street, Melbourne, VIC 3000