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- Terms & Conditions Governing the Sale and Use of Sitecomm Products and Services (“Agreement”)
- a) This is an Agreement between Sitecomm Pty Ltd and the Customer.
- b) All Sitecomm Pty Ltd Products and Services supplied to the Customer are supplied pursuant to the terms and conditions set out in this Agreement.
- c) By accessing or using the Website or any Sitecomm Product or Service, the Customer agrees to be bound by the terms and conditions of this Agreement and any other relevant policies published on the Website.
- d) Nothing in this Agreement constitutes a transfer of any intellectual property rights. The Customer acknowledges and agrees that Sitecomm Pty Ltd or its licencors or third party suppliers own all applicable intellectual property rights in the Sitecomm Pty Ltd Products or Services and any associated Software or Mapping Data.
- 2. Ordering of Products
- a) Sitecomm’s products may be ordered via the Website located at www.sitecomm.com.au or via email contact with firstname.lastname@example.org
- b) Each order by you is an offer to purchase Products and/or Services and if accepted by Sitecomm will be subject to this Agreement and the policies published on the Website.
- 3. Sitecomm Products and Services
- a) Sitecomm through its products offers voice communications, tracking, location and
monitoring units for installation in vehicles and other assets. The Products are designed to work with software hosted as a Service by Sitecomm that enables the Customer to view and locate, track and monitor the tracking unit via the network of the customers choice being Optus/Vodafone/Telstra using 3G/4G and GPS within the Coverage Area.
- b) As part of the service provided by Sitecomm customers in Australia have free Email and SMS notifications, Customers outside of Australia can still use this feature but will be charged for each SMS and Data sent via the Sitecomm platform to any international numbers.
- 4. The Customer acknowledges that:
- a) Due to the intermittent nature of the internet and mobile networks, the Service may be temporarily unavailable from time to time;
- b) 3G/4G data transmissions may be delayed or not delivered from time to time;
- There may be location errors due to the GPS data or typographical errors in the Mapping Data used;
- c) The operation of the Service is dependent on the tracking/radio unit having access to the 3G/4G network and a valid GPS signal. If the tracking unit is in a location where it cannot get coverage from the network or a GPS signal, then the service will not be able to locate the unit until such time as it moves into an area with network coverage or capable of receiving such signal;
- d) Sitecomm Pty Ltd is not liable for any loss/damage of a item being GPS Tracked as in vehicles/trailers or other assets, due to the details listed above and the nature of radio signals. (Outlined in section 4)
- e) Sitecomm Pty Ltd is not liable for any injuries or deaths as a result of all stated above in relation to mobile phone network coverage and GPS coverage. Mobile phone coverage 3G and 4G and GPS coverage, and or delays in mobile networks is completely out of Sitecomm Pty Ltd control. (Outlined in section 4)
- 5. Installation and Use of the Products and Services:
- a) The Products and Services are intended for use within Australia. The Customer must use the Products and Services strictly in accordance with any instructions provided by Sitecomm as to use, the Privacy Act and all other applicable Commonwealth or State law, Acts or regulations. The Customer must also ensure that all other persons using the Products and Services operate in accordance with the Privacy Act and any other applicable Commonwealth or State law, Act or Regulation and any instructions provided by Sitecomm as to use. The Customer and those parties it allows to use the Product and Services have the sole responsibility to obtain any necessary consent from the users of those devices or assets or vehicles where the Product is installed and must not use the Product or Service to illegally track or monitor any person without consent. To the extent permitted by law, any liability that may arise from the use or operation of Products and Services in breach of the terms of the Privacy Act or any Commonwealth or State law, Act or regulation, or contrary to any instructions provided by Sitecomm as to use, remains the sole responsibility of the Customer and the Customer agrees to indemnify Sitecomm Pty Ltd for any loss or damage it may suffer as a result of a breach of this clause.
- b) Sitecomm will in no way be liable for any loss or damage caused by a third party
installer or repairer in the course of installing or repairing the Products. The Customer’s rights for such damage lie against the third party installer or repairer and the customer fully indemnifies Sitecomm in relation thereto.
- c) In order to obtain this full functionality, the Customer must arrange for the installation of the Product, the product will be supplied active with login details in return for a Hosting Fee payable by the Customer to Sitecomm as part of the registration and activation process, Sitecomm will provide the Customer with access to software which enables the Customer to locate, track and monitor their Products.
- d) The Customer acknowledges and agrees that where the Hosting Fee is not paid within (14) fourteen days of the due date, Sitecomm will have no further obligation or responsibility to provide the Services.
- e) The Customer acknowledges and agrees that Sitecomm does not carry out any location, tracking or monitoring of the Products and the only Service provided is to host software with the functionality to enable the Customer to undertake location, tracking and monitoring of the Product themselves.
- f) Sitecomm may suspend the use of the Service or the Customer’s access to location, tracking or monitoring information via the Product at any time without notice if:
(i) The Sitecomm system hosting the Service requires maintenance or upgrading; or
(ii) We have a reasonable belief that the Product or Service is being used unlawfully or contrary to any Act, law or regulation; or
(iii) As a result of an event outside our reasonable control.