Terms of service

Overview

This website is operated by Crucial Tracking, a registered trading name of Paramount Software Pty Ltd (ABN 88 151 745 550). Throughout the site, the terms "we", "us" and "our" refer to Crucial Tracking. Crucial Tracking offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 – Online store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority where you live, or that you are the age of majority where you live and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, privacy and surveillance laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms may lead us to suspend or terminate your Services, on the basis set out in these Terms.

Section 2 – General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

Crucial Tracking is independent. We're not affiliated with, endorsed by, or an agent of Telstra or Optus. Any reference to Telstra or Optus on this site or in our plans describes the mobile networks a Crucial Tracking data-plan SIM can connect to, and nothing more. Telstra and Optus are trade marks of their respective owners.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modifications to the Service and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 5 – Products or services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, except to the extent that a guarantee applies under the Australian Consumer Law.

Data plans, subscriptions and your included first year

Our data plans are recurring subscriptions. A plan supplies a SIM, mobile data and access to our tracking platform, and it continues automatically at the plan price until you cancel it.

Where a tracker is sold with a first year of tracking included, the price of the tracker covers the tracker and the first 12 months of the plan you choose at checkout. The included first year applies to a plan activated against a Crucial Tracking tracker bought in the same order. On a monthly plan the first 12 monthly payments are $0; on an annual plan the first annual payment is $0. After that the plan renews at its standard price — Power Saver, with 2-minute updates, at $7 per month or $70 per year, and Real-Time, with 10-second updates, at $10 per month or $100 per year — until you cancel it.

There is no minimum term and no exit fee. You may cancel a plan at any time, including during the included first year, from your store account or by contacting us. Cancelling a plan does not require you to return your tracker, and cancelling during the included first year gives up only the tracking service for the months still to run. Cancellation and refund terms are set out in our Refund policy and our Subscription policy.

If we change the price of a plan, we will tell you before the new price applies to you, and you may cancel before it takes effect.

The SIM supplied with a plan remains our property. It is locked to the tracker it is activated with and works only in that device; contact us if it needs to be re-paired to another Crucial Tracking tracker. When a plan ends the SIM is deactivated and the tracker stops reporting. You must switch the tracker off, or return the SIM to us, once your plan has ended.

Promotional pricing

We may offer a tracker at a promotional price from time to time, for a stated period. A promotional price applies only while that promotion runs and does not change the standard price of the tracker before or after it. Where a first year of tracking is included with a tracker, it is included at the promotional price too.

Quantity pricing, where we offer it, applies to trackers only and never reduces the price of a data plan.

Section 6 – Lawful use of GPS tracking devices

Our GPS tracking devices, SIM data plans and tracking platform record and report the location and movement of a vehicle or asset (together "Tracking").

The use of a tracking device to record or monitor the location or movements of a person, or of a vehicle or other property you do not control, is regulated by law throughout Australia. In general it is unlawful to install or use one without the consent of the person tracked or the person in control of the vehicle or thing, and significant penalties can apply to individuals and businesses. Tracking a vehicle another adult drives means tracking that adult, and covert tracking of a partner, former partner or family member is treated very seriously. The rules differ between jurisdictions, and it is your responsibility to know and comply with those that apply where your devices and the people affected are located.

Without limiting that responsibility, you must:

• fit or activate a device only on a vehicle, asset or item you own, lease, finance or clearly control, and stop tracking when that control ends;
• unless the employee, contractor and fleet-driver rule or the hire, rental and loan rule below applies, obtain the consent of every adult who drives or regularly travels in a tracked vehicle, including partners, family and housemates;
• where employees, contractors or fleet drivers are involved, give written notice before tracking starts, consult them, allow any notice period required of you, and display the signage the law requires;
• tell people what the tracking is for and use the records only for that, and track private or after-hours use only where the law and your policy allow;
• disclose the tracking in the agreement before a vehicle or asset is hired, rented, shared or lent out;
• where you act for someone else, for example in a finance, insurance, repossession or debt recovery matter, check that they hold the authority they claim and that you hold any licence the work needs; and
• not disclose, publish or share a location record, including in a dispute or legal proceeding, except as permitted by law.

We supply tracking technology; we do not monitor how it is used. We do not view, review or moderate the records your devices produce, and we are not responsible for how you, your customers or anyone you give access to use them. You are responsible for your platform account, for who you give access to and what they can see, and for the security, retention and deletion of the records you collect. Records about a person are personal information, so keep them only while you need them.

Tracking is an aid, not a guarantee. Reporting depends on satellite reception, mobile coverage, device power and the device staying fitted, and can be delayed, inaccurate or unavailable, including where a device is removed, shielded, disconnected or jammed. We do not warrant that a device will report a position at any given time, that a position will be accurate, or that Tracking will prevent theft, recover a stolen vehicle or asset, or keep anyone safe, except to the extent that a guarantee applies under the Australian Consumer Law. Tracking is not an emergency or personal safety service and is no substitute for emergency services, insurance or good physical security. Do not rely on it where a failure to report could put someone's safety at risk.

You indemnify us against any claim, penalty, loss or liability brought against us by a third party that arises from the unlawful use of Tracking by you, your customers or any person you allow to use your devices or platform account. This indemnity is reduced to the extent that the claim was caused or contributed to by our negligence or our breach of these Terms.

We may refuse or cancel an order, or suspend or restrict a device, data plan or platform account, where we reasonably believe it is being used, or is intended to be used, unlawfully or in breach of these Terms. Where practicable we will notify you first and give you a chance to resolve it, and we will restore the service once we are reasonably satisfied its use complies with the law and these Terms.

Audio monitoring and recording are dealt with separately in these Terms. Nothing in these Terms is legal advice. You should obtain your own advice about tracking, surveillance, workplace and privacy laws before fitting or activating a device.

Section 7 – Audio monitoring and recording

Where a device you use has an audio capability that can, through a compatible tracking platform, be used to listen to or record sound in the environment around the device (each an "Audio Feature" and together the "Audio Features"), this section applies. Audio Features are not a marketed feature of our products, are not available on every device, firmware version or platform, and we do not warrant that they will be available, supported or perform in any particular way, except to the extent that a guarantee applies under the Australian Consumer Law.

The use of a listening device to listen to or record a private conversation is regulated by law throughout Australia. In general, it is unlawful to listen to, record, share or publish a private conversation without the consent of the people taking part in it, and significant penalties can apply to individuals and to businesses. The rules differ between jurisdictions, and it is your responsibility to know and comply with the rules that apply to you.

If you use any Audio Feature, you are solely responsible for ensuring that its use complies with all laws that apply where the device is located and where the people being monitored are located. Without limiting that responsibility, you must:

• obtain the express consent of every person whose conversation may be overheard or recorded, including drivers, passengers and any other occupants of a vehicle;
• give clear notice that audio monitoring or recording may occur, and comply with any workplace notice, consultation or signage requirements that apply to you;
• not use any Audio Feature to covertly monitor or record any person, or to listen to any person without their knowledge; and
• not disclose, publish or share any recording except as permitted by law.

We do not listen to, review or moderate audio captured by your devices, and we are not responsible for how you, your customers or anyone you allow to use your devices or platform account use Audio Features. You are responsible for the security, storage, retention and deletion of any recording made using your devices.

You indemnify us against any claim, penalty, loss or liability brought against us by a third party that arises from the unlawful use of any Audio Feature by you, your customers or any person you allow to use your devices or platform account. This indemnity is reduced to the extent that the claim was caused or contributed to by our negligence or our breach of these Terms.

We may suspend or restrict Audio Features on a device or account where we reasonably believe they are being used unlawfully or in breach of these Terms. Where practicable we will notify you and give you an opportunity to resolve the issue, and we will restore the feature once we are reasonably satisfied that its use complies with the law and these Terms. The availability of Audio Features may also change without notice where a device manufacturer, platform provider or network operator changes or withdraws support for them.

Nothing in these Terms is legal advice. You should obtain your own advice about surveillance and privacy laws before using Audio Features.

Section 8 – Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund policy.

Section 9 – Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 10 – Third-party links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

Section 11 – User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 12 – Personal information

Your submission of personal information through the store is governed by our Privacy policy.

Section 13 – Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 14 – Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content or our products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, territory or local regulations, rules or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect, track, monitor or record the personal information, location, movements or conversations of others otherwise than as permitted by law; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 15 – Disclaimer of warranties; limitation of liability

Nothing in these Terms of Service excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified, including any consumer guarantee under the Australian Consumer Law. Where the law permits our liability for a breach of such a guarantee to be limited, our liability is limited, at our option, to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so, or to resupplying the services or paying the cost of having them resupplied.

Subject to that, we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, except to the extent that a guarantee applies under the Australian Consumer Law.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you, subject to any refund rights you have under our Refund policy or the Australian Consumer Law.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement, except to the extent that a guarantee applies under the Australian Consumer Law.

In no case shall Crucial Tracking, Paramount Software Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 16 – Indemnification

You agree to indemnify, defend and hold harmless Crucial Tracking, Paramount Software Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. Your liability under this indemnity is reduced to the extent that the claim was caused or contributed to by our negligence or our breach of these Terms of Service.

Section 17 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 18 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we reasonably believe that you have failed to comply with any term or provision of these Terms of Service, we may suspend or terminate this agreement and/or deny you access to our Services (or any part thereof). Where practicable we will notify you first and give you a reasonable opportunity to resolve the issue. You will remain liable for all amounts due up to and including the date of termination.

Where we terminate these Terms of Service or a service for a reason other than your breach, we will refund any amount you have prepaid for services not yet supplied, in accordance with our Refund policy.

Section 19 – Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 20 – Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Section 21 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 22 – Contact information

Questions about the Terms of Service should be sent to us at team@crucialtracking.com.au.