DigiCore Australia – Terms and Conditions

Terms and conditions of use of our website and online tracking system interfaces.

1. Introduction

1.1 These terms and conditions shall govern your use of our website and all of our online tracking interfaces.

1.2 By using our website or online tracking system interfaces, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or online tracking system interfaces.

1.3 If you register with our website or online tracking system interfaces, submit any material to our website or online tracking system interfaces or use any of our website or online tracking system interfaces services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website or online tracking system interfaces; by using our website or online tracking system interfaces or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5 Our website or online tracking system interfaces uses cookies; by using our website or online tracking system interfaces or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) 2016 Perfekt COM Pty Ltd trading as DigiCore Australia.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website or online tracking system interfaces and the material on our website or online tracking system interfaces; and

(b) all the copyright and other intellectual property rights in our website or online tracking system interfaces and the material on our website or online tracking system interfaces are reserved.

4. License to use website or online tracking system interfaces

4.1 You may:

(a) view pages from our website or online tracking system interfaces in a web browser;

(b) download pages from our website or online tracking system interfaces for caching in a web browser;

(c) print pages from our website or online tracking system interfaces;

(d) stream audio and video files from our website or online tracking system interfaces;

(e) use our website or online tracking system interfaces services by means of a web browser; and

(f) download, store, print and share via hard copy or e-mail all product and information datasheets, as well as all press announcements.

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or online tracking system interfaces or save any such material to your computer.

4.3 You may only use our website or online tracking system interfaces for your own personal and business purposes, and you must not use our website or online tracking system interfaces for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or online tracking system interfaces.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website or online tracking system interfaces (including republication on another website);

(b) sell, rent or sub-license material from our website or online tracking system interfaces;

(c) show any material from our website or online tracking system interfaces in public;

(d) exploit material from our website or online tracking system interfaces for a commercial purpose; or

(e) redistribute material from our website or online tracking system interfaces other than as permitted in 4.1.

4.6 Notwithstanding Section 4.5, you may redistribute press announcements in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of our website or online tracking system interfaces, or indeed our whole website or online tracking system interfaces, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website or online tracking system interfaces.

5. Acceptable use

5.1 You must not:

(a) use our website or online tracking system interfaces in any way or take any action that causes, or may cause, damage to the website or online tracking system interfaces or impairment of the performance, availability or accessibility of the website or online tracking system interfaces;

(b) use our website or online tracking system interfaces in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website or online tracking system interfaces to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or online tracking system interfaces without our express written consent;

(e) access or otherwise interact with our website or online tracking system interfaces using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website or online tracking system interfaces; or

(g) use data collected from our website or online tracking system interfaces for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(h)    take legal or employment related action against any individual or organisation based on data extracted from our online tracking systems or reports we may have provided you, without our express written consent.

5.2 You must not use data collected from our website or online tracking system interfaces to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website or online tracking system interfaces, or in relation to our website or online tracking system interfaces, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 To be eligible for an individual account on our website or online tracking system interfaces under this Section 6, you must be at least 18 years of age and resident in Australia.

6.2 You may register for an account with our online tracking system interfaces by contacting us directly, following which we will provide you with a userid and password that is linked to your or your organisation’s ongoing subscriptions.

6.3 You must not allow any other person to use your account to access the online tracking system interfaces.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person’s account to access the online tracking system interfaces, unless you have that person’s express permission to do so.

7. User login details

7.1 If you register for an account with our online tracking system interfaces, we will provide you with a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our online tracking system interfaces arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account]; and/or

(c) edit your account details,

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on our online tracking system interfaces by contacting us directly.

8.3 Where you are paying a subscription fee to gain access to our online tracking system interfaces, you agree to give us no less than 30 days’ notice in the event that you choose to terminate the subscription.

8.4 Where tracking data received via satellite devices is provided to you through an online tracking interface, you agree that the minimum subscription period would be 12 months from the date that you have instructed us to activate the satellite data plan. 

9. Your content: online tracking data and information

9.1 In these terms and conditions, “your content” means all GPS tracking data (“data”) received by our servers as sent by GPS tracking devices you may have purchased or rented from us, and any processed information (“information”) we may have as a result of processing such data.

9.2 You grant to us an irrevocable, royalty-free license to use, reproduce and store any such data and information on our servers.

9.3 You agree that our obligation to protect any such data or information is limited to what can be deemed as reasonable care by our systems administrators, programmers, administrative staff and other staff members that may come into contact with any such data or information.

9.4 You specifically indemnify us from any consequences, both direct and indirect, that may flow from an intentional or accidental failure of our obligation as described in 9.3, and you agree that our liability will be limited to a refund of 50% of all money spent with us on GPS equipment.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website or online tracking system interfaces.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Limited warranties

10.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website or online tracking system interfaces;

(b) that the material on the website or online tracking system interfaces is up to date; or

(c) that the website or online tracking system interfaces or any service on the website or online tracking system interfaces will remain available.

10.2 We reserve the right to discontinue or alter any or all of our website or online tracking system interfaces services, and to stop publishing our website or online tracking system interfaces, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website or online tracking system interfaces services, or if we stop publishing the website or online tracking system interfaces.

10.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website or online tracking system interfaces and the use of our website or online tracking system interfaces.

1. Distribution of reports and information received from us

You agree that you and your organisation will be responsible for the safeguard of any processed information you may receive from us (either online or in reports format) and that you fully indemnify us from any litigation that may flow from the disclosure, legitimate use, illegitimate use or abuse of any such information. This includes but is not limited to any litigation that may come from any of your staff members, contractors or sub-contractors as a result of information we have provided to you.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website or online tracking system interfaces and the information and services on our website or online tracking system interfaces are provided free of charge or as part of a subscription, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or online tracking system interfaces or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website or online tracking system interfaces;

(c) permanently prohibit you from accessing our website or online tracking system interfaces;

(d) block computers using your IP address from accessing our website or online tracking system interfaces;

(e) contact any or all of your internet service providers and request that they block your access to our website or online tracking system interfaces;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) [suspend or delete your account on our website or online tracking system interfaces].

13.2 Where we suspend or prohibit or block your access to our website or online tracking system interfaces or a part of our website or online tracking system interfaces, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website or online tracking system interfaces from the date of publication of the revised terms and conditions on the website or online tracking system interfaces, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website or online tracking system interfaces, and you must stop using the website or online tracking system interfaces.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website or online tracking system interfaces and shall supersede all previous agreements between you and us in relation to your use of our website or online tracking system interfaces.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with Australian law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Victoria.

20. Statutory and regulatory disclosures

  We are register in the state of Victoria as Perfekt COM Pty Ltd trading as DigiCore Australia and our ABN is 37 099 311 618.

21. Our details

21.1 This website or online tracking system interfaces is owned and operated by Perfekt COM Pty Ltd trading as DigiCore Australia.

21.2 Our registered office is at 936a Glen Huntly Road, Caulfield South, VIC 3162.

21.3 Our principal place of business is as above.

21.4 You can contact us:

(a) by post, using the postal address

(b) using our website contact forms;

(c) by calling us on (03) 9945-2233 or faxing us on (03) 9945-2223.

(d) by e-mailing us at accounts@digicore-australia.com.au

Note: this document does not override or supersede the terms and conditions of software licenses as supplied to us by our GPS suppliers. These are available on request.