Legal

Terms & Conditions Governing the Sale and Use of TrakNGo Products and Services ("Agreement")

1. 1. This is an Agreement between TrakNGo and the Customer.
   2. All TrakNGo Products and Services supplied to the Customer are supplied pursuant to the terms and conditions set out in this Agreement.
   3. By accessing or using the Website or any TrakNGo 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.
   4. Nothing in this Agreement constitutes a transfer of any intellectual property rights. The Customer acknowledges and agrees that TrakNGo or its licensors or third party suppliers own all applicable intellectual property rights in the TrakNGo Products or Services and any associated Software or Mapping Data.

2. Definitions

   "Agreement" means this agreement for the sale and use of TrakNGo Products and Services.
   "Australian Consumer Law" or "ACL" means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (C'th).
   "Communications Service Provider" means Telstra, or any other communications service provider as varied from time to time by TrakNGo.
   "Communications Services" means communications services, including but not limited to GPS and GSM/GPRS, required for the TrakNGo Products to transmit information or signal to software.
   "Consumer" means a person or entity acquiring goods or services as a "consumer" as that term is defined in the Australian Consumer Law.
   "Coverage Area" means the tracking coverage area as defined by TrakNGo on its Website or the Communications Service Provider from time to time.
   "Customer" or "you" means the person purchasing or using the TrakNGo Product or Service.
   "GPS" means Global Positioning System.
   "GPRS" means General Packet Radio Service.
   "GSM" means Global System for Mobile Communications.
   "Hosting Fee" means a monthly fee payable by the Customer to TrakNGo for the Service.
   "Mapping Data" means GPS location maps supplied by Google Maps. Google Maps is a trademark of Google Inc.
   "Privacy Act" means the Privacy Act 1998 (C'th) and any subsequent amendments.
   "Product" means products supplied by TrakNGo such as Viper1, Viper2 and any other products developed and supplied by TrakNGo from time to time and any associated software.
   "Service" means the hosting of software accessible by the Customer via an internet connection that enables the Customer to track, locate or monitor TrakNGo Products where installed.
   "Software" means software applications and programmes developed or licenced by TrakNGo for the sole use by its Customers in association with TrakNGo Products.
   "TrakNGo" or "we" or "us" or "it" means TrakNGo Pty Ltd (ACN 645 643 965) trading as TrakNGo together with affiliates, related bodies corporate, officers, directors, employees, agents or service providers but does not include any third party installer or repairer of TrakNGo Products.
   "Website" means the TrakNGo website located at www.TrakNGo.com.au.

3. Ordering of Products

   1. TrakNGo Products may be ordered via the Website located at www.TrakNGo.com.au or purchased at retail stockists shown from time to time on our Website.
   2. Each order by you is an offer to purchase Products and/or Services and if accepted by TrakNGo will be subject to this Agreement and the policies published on the Website.

4. TrakNGo Products and Services

   1. TrakNGo through its Products offers 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 TrakNGo that enables the Customer to view the locate, track and monitor the tracking unit via the Telstra Next G network using GSM/GPRS and GPS within the Coverage Area.
   2. The Customer acknowledges that:

      (i) due to the intermittent nature of the internet and mobile networks, the Service may be temporarily unavailable from time to time;

      (ii) GSM/GPRS data transmissions may be delayed or not delivered from time to time;

      (iii) there may be location errors due to the GPS data or typographical errors in the Mapping Data used;

      (iv) the operation of the Service is dependent on the tracking unit having access to the GSM/GPRS network or a 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;

      (v) TrakNGo is not liable to it or any other person for faults or defects that arise in communications services not provided under this Agreement (even if they are connected, with our consent, to the Service which TrakNGo has arranged under this Agreement) which are due to incompatibility with the Service.

      (vi) the Products and Services are not failsafe and are not to be used for emergency use where failure of the Product or inaccurate location information could lead to property damage, personal injury or death.

5. Installation and Use of the Products and Services

   1. The Products and Services are intended for use within Australia.
   2. The Customer must use the Products and Services strictly in accordance with any instructions provided by TrakNGo 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 TrakNGo 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 TrakNGo as to use, remains the sole responsibility of the Customer and the Customer agrees to indemnify TrakNGo for any loss or damage it may suffer as a result of a breach of this clause.
   3. Unless specified, the Products must only be installed or repaired by TrakNGo personnel or third party installers or repairers approved by TrakNGo. The Customer must not remove, modify, repair or tamper with the Products or Services, or attempt to do the same, without TrakNGo's prior written consent, or allow any third party to do the same. To the extent permitted by law, TrakNGo will in no way be liable for any 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 TrakNGo in relation thereto.
   4. The Customer must quote their user logons and passwords or identification details to TrakNGo when requested. The Customer must not disclose their user logons and passwords or identification details to any other person or record or leave them in such a place as to make the details easily accessible to unauthorised persons.

6. Software

   1. Subject to clause 7.4, TrakNGo grants the Customer a personal, non-exclusive, non-transferable, revocable licence to use any Software provided with the Products and Services.
   2. All Software provided is subject to the terms and conditions of the license agreement relating to that Software. The Customer acknowledges its obligations to abide by such license agreements. The Customer acknowledges that TrakNGo does not make any express warranty in relation to any Software under this Agreement.
   3. The Customer must not copy, modify, reverse engineer or decompile the Software or any part of it (save to the extent expressly permitted by law) nor allow any other third party to do the same.
   4. The Customer may not transfer, assign, sub-licence or otherwise distribute or enable a third party to use the Software or any part of it.
   5. All rights, title or interest in respect of the intellectual property rights in the Software remain with TrakNGo or the licensor of the software at all times.

7. TrakNGo Hosting Services

   1. The Products are intended for use in conjunction with associated Software enabling the Customer to locate, track and monitor the Product.
   2. In order to obtain this full functionality, the Customer must arrange for the installation of the Product, register and activate it on the Website using an online activation code via an internet connection.
   3. In return for a Hosting Fee payable by the Customer to TrakNGo as part of the registration and activation process, TrakNGo will provide the Customer with access to software which enables the Customer to locate, track and monitor their Products.
   4. TrakNGo has the sole discretion to vary the Hosting Fee from time to time upon the provision of 30 days notice in writing.
   5. The Customer acknowledges and agrees that where the Hosting Fee is not paid within (14) fourteen days of the due date, TrakNGo will have no further obligation or responsibility to provide the Services.
   6. The Customer acknowledges and agrees that TrakNGo 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.
   7. The Customer acknowledges and agrees that all Software and Mapping Data remains the property of TrakNGo and its licensors and the Customer has the right to use the Software and Mapping Data only when the Hosting Fee has been paid.
   8. To the extent that they are compatible with the consumer laws in Australia, the Customer acknowledges that regardless of the quality of data obtained by the use of the Products or Services or supplied by a Communications Service Provider, the Customer is liable to pay the Hosting Fee until a written request for termination is received from the Customer.

8. Title and Risk

   1. Title to and risk in the Product passes to the Customer upon delivery of the Product to the Customer. Title to those parts of the Product that comprise third party Software shall remain with the applicable licensors at all times.

9. Prices and Payments

   1. The prices payable for the TrakNGo Products and Services may be quoted on the Website (or published in writing as part of the registration and activation process) and amended from time to time by TrakNGo.
   2. Products and Services are priced in Australian Dollars and include Goods and Services Tax (GST) and any other applicable taxes chargeable at the current rate, unless otherwise specified.
   3. Where the Customer pays for Products and Services and/or installation thereof by continuing credit card instalment payments, the Customer acknowledges that TrakNGo is authorised to deduct all due payments on the dates on which they are required to be made and the Customer will continue to remain liable for all payments due and owing under this Agreement.
   4. Where the Customer makes payments to TrakNGo by way of credit card instalments or direct debit instalments, the Customer must immediately notify TrakNGo of the loss or theft or expiry of the particular credit card or Nominated Bank Account. The Customer must notify TrakNGo in writing of replacement credit card or Nominated Bank Account details as soon as practically possible so that continuing credit card payments or direct debit payments are not terminated.
   5. Where a Customer wishes to stop any credit card instalment payment or direct debit instalment payment to TrakNGo, the Customer must notify TrakNGo in writing of such decision.
   6. Payment for all Products and Services is due according to the terms and conditions as specified in this Agreement or policies published by TrakNGo on the Website.
   7. Should the Customer default in any scheduled payment for the Product or Service, all monies due under the terms of this Agreement will be due and payable immediately.
   8. The Customer agrees to be liable for all costs incurred by TrakNGo in the recovery of outstanding amounts under this Agreement. This includes interest at the applicable court rate, any debt collection costs and commissions, and any legal expenses (including legal fees and disbursements on a solicitor and client basis).

10. Quotation and Descriptions

    1. No quotation given by us constitutes an agreement to supply or provide the Products or Services. TrakNGo can amend or withdraw quotation at any time and all quotations are subject to the terms in this Agreeement.
    2. To the extent permitted by law, all descriptive specifications, illustrations, sample, data and dimensions provided by TrakNGo or otherwise contained in advertising material or on the Website are approximate only and are intended to be a general description of the Products and Services and are nor incorporated into this Agreement or any other agreement with you unless otherwise agreed in writing.
    3. We may provide advice, recommendations and statements with respect to the Products or Services. To the extent permitted by law:
    4. The Products and Services are intended for use within Australia.

       (i) TrakNGo does not warrant or guarantee the accuracy or completeness of that advice, those recommendations or statements or the results obtained through the use of the Products or Services;

       (ii) TrakNGo expressly disclaims any liability for damages to you from reliance on such advice, recommendations or statements; and

       (iii) such advice, recommendations and statements are relied upon by you at your own risk and you should make appropriate enquiries having regard to your own circumstances.

    5. To the extent permitted by law, any typographical, clerical or other error or omission in advertising, sales literature, quotation, price list, acceptance of offer, Website, invoice or other documents issued by TrakNGo will be subject to correction without liability on the part of TrakNGo.

11. Our Warranties and Limitation of Liability

    1. Nothing in this Agreement operates to exclude, restrict or modify the application of any provision, the exercise of any remedy, or the imposition of any liability under the Australian Consumer Law (ACL) or any other statute where to do so would:

       (i) contravene that statute; or

       (ii) render any part of this clause or this Agreement to be void.

    2. To the extent to which the consumer guarantees under the ACL do not apply, TrakNGo:

       (i) makes no representations or warranties concerning fitness for purpose or quality of any Products or Services, and you must assure yourself of these matters having regard to your circumstances;

       (ii) expressly negates and excludes all conditions and warranties which might otherwise by implied by law; and

       (iii) is not and will not be liable for any claim by you for breach of representation or warranty unless notice is given in writing to us within two days of provision of the relevant Product or Service or within any other time prescribed by this Agreement.

    3. In relation to Products or Services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, TrakNGo's liability to you arising from the consumer guarantees in the ACL is limited, at TrakNGo's option, to:

       (i) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; or

       (ii) in the case of Services, the supplying of Services again; or the payment of the cost of having Services supplied again.

    4. TrakNGo will not be liable to the final consumer where any Product supplied by it does not meet the consumer guarantees in the ACL:

       (i) due to an act, default, or omission of, or representation made by, any person other than it or its employee or agent:

       (ii) due to a cause independent of human control that occurs after the Product leaves its control; and/or

       (iii) in relation to the consumer guarantee as to acceptable quality, where the final consumer was aware of, or ought reasonably to have been aware of, any flaw in the Product at the time of purchase.

    5. For Products and Services which are not supplied to a Consumer, TrakNGo's total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of Products and/or Services under this Agreement.
    6. TrakNGo and the Customer agree that TrakNGo's liability:

       (i) for Products or Services supplied to a Consumer, is governed solely by the ACL;

       (ii) for Products or Services not supplied to a Consumer does not extend to any incidental, indirect, special or consequential loss or damage, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of contracts, loss of goodwill, or loss arising from business interruption arising out of or in connection with the purchase, use, operation or performance of Products or Services or the terms and conditions of this Agreement, even if TrakNGo has been advised of their possibility.

    7. Except as otherwise provided for above and to the extent permitted by law, TrakNGo accepts no liability under or in connection with this Agreement or its subject matter whether in contract, tort (including negligence), under statute or otherwise for any loss of or damage to business or reputation, loss of revenue, loss of profits, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any other equipment, loss of use of the system on which the Service operates, or indirect, special or consequential loss or damage.
    8. Except as otherwise provided for above and to the extent permitted by law, TrakNGo excludes all TrakNGo's liability to you or any other person claiming through you, for any costs, loss, expenses, liability or damage, regardless of the form of action, whether in contract, tort (including negligence), under statute or otherwise, and whether arising from TrakNGo's performance or non-performance of its obligations under this Agreement.

12. Indemnity

    1. The Customer will indemnify and keep indemnified at its expense and to the maximum extent permitted by law, TrakNGo against any and all claims, demands, actions, proceedings and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, legal fees and other dispute resolution expenses on an indemnity basis) incurred by TrakNGo and affiliates arising out of or in connection with:

       (i) any negligent act or omission or wilful misconduct of the Customer in relation to the use or operation of the Product or Service;

       (ii) any breach by the Customer of any term of the Agreement or any policy published on the Website;

       (iii) any breach of any Act, law or regulation or use or misuse of the Product or Service, including but not limited to, any breach of privacy or claim of illegality in the use, operation, or access to Products and Services including the collection of location, tracking and monitoring information.

13. Force Majeure

    1. To the maximum extent permitted by law and without limitation to clause 11, TrakNGo is not liable for:

       (i) any delay in correcting any fault in the Service; or

       (ii) failure or incorrect operation of the Service; or

       (iii) any other delay or default in performance under this Agreement;

       if it is caused by an event beyond our reasonable control, including but not limited to war, theft, wilful or accidental damage, sabotage, act of God, industrial action, embargo, delay or failure or default of a Communications Service Provider, failure of or inability to access the GPS network, or any failure of other suppliers of goods or services to us or you.

14. Suspension and Termination

    1. TrakNGo 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 TrakNGo system hosting the Service requires maintenance or upgrading; o

       (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.

    2. TrakNGo may terminate this Agreement and any licence created under it and cancel any Services provided or any access to the TrakNGo system with immediate effect and without notice if:

       (i) the Customer breaches any term or provision of this Agreement, including but not limited to a failure to pay any charges or Hosting Fee, and does not remedy the breach within 7 days of receiving written notice requiring the breach to be remedied; or

       (ii) the Customer is made bankrupt, wound up or placed into administration or receivership or suffers any similar event of insolvency; or

       (iii) the events leading to suspension under clause 14.1, continue for more than 7 days.

    3. In all other circumstances:

       (i) The Customer may terminate this Agreement by giving at least 30 days written notice; or

       (ii) TrakNGo may terminate this Agreement by giving at least 30 days written notice.

    4. Upon termination by either TrakNGo or the Customer, the Customer must pay any outstanding charges or the Hosting Fee as detailed in the Agreement for the remaining portion of the contract term immediately. Where TrakNGo terminates this Agreement pursuant to clause 14.4, a pro-rata portion of the Hosting Fee for the period not yet expired will be refunded by TrakNGo to the Customer.
    5. Upon termination, the Customer must cease to use any Software associated with the Service and delete any Software.
    6. Clause 4.2, 5.2, 6, 7.5, 7.7, 7.8, 9.3, 9.5, 9.7, 10, 11, 12.1, 14.4, 14.5, 15 and 16 will survive termination of this Agreement.

15. Privacy

    1. The TrakNGo privacy policy applies in respect of all personal information collected from the Customer in the course of using the Website, the online ordering of Products or Services, or the ordering of Products and Services generally. A copy of this policy is published on the Website.
    2. The Customer is responsible for ensuring his compliance with all requirements of the Privacy Act and any other Commonwealth or State laws, Acts and regulations relating to the use or operation of the Product or Services and the compliance of any other person he permits to use, operate or access the Product or Service.
    3. The Customer must not use, operate or access the Product or Service to illegally track an object or person without consent or allow any other person to do so.

16. General

    1. Any notice given under this Agreement will be in writing delivered to the relevant party or delivered by post or facsimile or email transmission at such address or number as may be notified in writing by each party to the other from time to time. Any such notice will be deemed received at the time when the same is handed to or left at the address of the party to be served and if served by post two business days after the day of posting (not being a weekend or public holiday) and if served by facsimile or email on the day of dispatch if sent between the hours of 9am and 5pm on a business day.
    2. If any part of this Agreement is held to be invalid or unenforceable, it shall be deemed severed but this shall not affect the validity and enforceability of the remaining parts of the Agreement.
    3. The headings in this Agreement are for convenience only and shall not affect interpretation of the Agreement. The singular includes the plural and the masculine gender includes the feminine in the interpretation of these terms and conditions. Words indicating a person include a company, a corporation or an incorporated association and any other legal entity, and a partnership or other association. A reference to an Act, statute, or other legislation, includes regulations, rules and by-laws and other subordinate legislation made under the legislation, and includes all amendments, re-enactments and substituted legislation or instruments from time to time.
    4. The words "include", "including", "for example" or "such as" are not used as, nor are they to be interpreted as, words of limitation, and when introducing an example, do not limit the meaning of the words to that example.
    5. TrakNGo reserves the right to amend the terms of this Agreement from time to time. By placing an order or continuing to use the Website or a Product or Service, the Customer will be treated as having accepted the terms and conditions of this Agreement as altered and displayed on the Website.
    6. The Customer acknowledges that, to the extent permitted by law, this Agreement represents the entire agreement between the parties in relation to the subject matter of this Agreement and no prior oral or written representations shall apply.
    7. In the event of inconsistency between the terms and conditions of this Agreement and the TrakNGo policies published on the Website, the terms and conditions in this Agreement shall take priority.
    8. If TrakNGo waives any default or breach of this Agreement, this will not constitute a waiver of any other or subsequent default or breach. No waiver shall be effective unless made in writing.
    9. This Agreement shall be governed and construed according to the laws in force in the State of South Australia, Australia, and the parties irrevocably and unconditionally submit to the jurisdiction of the courts of South Australia.

Privacy Policy

This Privacy Policy applies to all personal information collected by TrakNGo Pty Ltd ("TrakNGo", "we", "our", "us") via the website located at www.TrakNGo.com.au ("Website") and in the course of our dealings with you ("your") to provide you with products and services. TrakNGo is part of the BC Group of Companies which also includes Move Yourself Trailer Hire Pty Ltd, Myst Media Pty Ltd, Revtech Motorsport Pty Ltd, BC Trailer Engineers Pty Ltd, and Chilly Billy Mobile Coolrooms (business name owned by Bill Cowie Investments Pty Ltd) ("the Group").

How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions about this Policy or if you have a complaint about the privacy of your personal information. You can contact us using the details shown below.

Collection and Purpose
We or people we authorise may collect, process and store personal information you provide in the course of your use of the Website or in the course of carrying on our business and providing products and services to you. In addition, we also collect cookies from your computer or mobile device, which enable us to tell when you use the Website and also to help customise your website experience. We may also collect personal information during the process of hiring vehicles or in the course of your use of hired vehicles (via vehicle tracking and monitoring systems). We may also collect personal information from other companies you deal with within the Group or in some cases from third party service providers. The personal information we collect may include your name, date of birth, address and other contact details, Internet Protocol (IP) address, the device used by you to access the Website, payment and transaction details (including information about credit cards used in transactions), and other information relating to your dealings with TrakNGo or the Group. The purpose for which we collect personal information is to identify you, provide you with the best service experience possible and in order to carry on our business and provide products and services to you. Financial information that we collect is used by us to bill you for products and services. Any financial information that is collected is for the purpose of transaction approval and billing. Vehicle monitoring and tracking information is collected for security of vehicles, compliance with hire terms, provision of products and services, or billing purposes.

Disclosure
We may use or disclose personal information for the primary purpose for which it is collected (e.g. the provision of our services, including administration and billing, notification to you about changes to our services, record-keeping following termination of our services to you and technical maintenance). We may also use and disclose such information for a purpose related to the primary purpose of collection and where you would reasonably expect that we would use the information in such a way. This may also include the use of your personal information to understand your needs and improve our products and services through research, product development and training. In addition we are permitted to use or disclose personal information to our service providers who assist us in operating the Website, who assist us in operating our hire business, or as required or authorised by law, or to prevent or investigate suspected unlawful activity, or where you have consented to the disclosure. As an example, we may disclose your personal information to other companies within the Group; IT support service providers; customer or market research organisations; printers, mail service and delivery providers; agents who assist us in the business of hiring vehicles; credit card providers and financial institutions; credit information and debt management agencies such as Dunn & Bradstreet; legal, accounting and other professional advisers; councils, government and other organisations responsible for processing traffic related infringements; insurers, police, and other persons involved in an accident or claim; driver licensing authorities; and government, regulatory, statutory, or law enforcement agencies. This personal information is only disclosed to third parties outside our business either in circumstances where you have provided express or implied consent, or in confidence, or otherwise where the use or disclosure is authorised or required under Australian law or court/tribunal order.

Access and Correction
You are permitted to access and correct the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us using the details set out in this Policy. For some detailed requests we may charge a fee to cover retrieval costs. There may be some situations where we might not be able to provide some of your personal information. If that occurs, we will provide you with reasons.

Using your personal information to market to you
We and other companies in the Group would like to use and disclose your personal information to keep you up to date with the range of products and services available from us and the Group. Where we can, we will ask for your consent to market to you. We will not market to you if you have declined consent. Other companies in the Group will not market to you if you have declined consent. However, we will not always be able to ask you for your consent. If we have not asked you, we and other companies in the Group will use and disclose your personal information until you tell us or the other relevant Group company otherwise. This includes using your personal details such as your address, email, mobile or other telephone numbers as a means of communicating with you. You may opt out of any direct marketing communications by emailing us at privacy@moveyourself.com.au or by 'unsubscribe' links in email communications or by calling us on +61 8 8361 5802. We do not sell, rent, trade or otherwise make available your personal information outside of the Group.

Security
We will endeavour to take all reasonable steps to keep any personal information we collect in relation to you secured. We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation. No data transmission over the internet can be guaranteed to be completely secure. As a result, while we strive to protect users' personal information, we cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and users do so at their own risk. Once we receive your transmission, we take reasonable steps to ensure its security on our systems. However, except to the extent that liability cannot be excluded by statute, we exclude all liability (including in negligence) for the consequences of unauthorised access to your personal information. You are responsible for keeping any passwords and/or account information secret but please contact us if you become aware of any security breach.

Acceptance
You accept that your use of this Website includes your acceptance of this Privacy Policy and the Website Terms of Use in force as at that time and subject to change from time to time at our discretion

Contact
Please direct any queries about this Privacy Policy or complaints at first instance to our Privacy Officer:

• on +61 8 8361 5802; or
• at privacy@moveyourself.com.au; or
• by post to 148-150 Port Wakefield Road Cavan SA 5094.

We take complaints seriously and our Privacy Officer will endeavour to respond within 30 days and will work with you to seek to resolve your complaint in a timely manner. As part of this process we may request that you provide us with further relevant information. In the event that you remain dissatisfied, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au or GPO Box 5218 Sydney NSW 2001 or 1300 363 992.

Accepted Payments

TrakNGo Pty/Ltd will accept Visa and MasterCard

We only accept Australian Dollars and all prices are quoted in Australian Dollers.

Shipping & Delivery

We deliver products Australia wide using Australia Post and C.O.P.E Sensitive Freight. Shipping costs are subject to the size and weight of the product and your location in Australia. Accurate shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are dispatched within 2 business days. Freight deliveries are estimated at between 2-7 business days depending on your location within Australia

TrakNGo Pty/Ltd Posts and Freight orders Australia wide.

Please contact us on 1300 779 762 for any enquiries

Returns

Please select any Products or Services carefully. We do not generally give refunds if you simply change your mind or make a wrong decision. If in doubt, please contact us to discuss your requirements prior to placing your Order.

Any returns are subject to the obligations (if any) we have under the Australian Consumer Law and the terms and conditions governing the use of these Products or Services.

Customer Service

TrakNGo is committed to providing exceptional customer service and quality products. We endeavour to ensure that all products listed on our website are currently in stock and pricing is correct. Standard deliveries time frames are between 2-7 business days in the event that a product ordered is not available or we are unable to dispatch your order within the time frame we will notify our customer with in 2 business days to arrange an agreeable alternative product or back order.

Website Terms of Use

These Terms of Use ("Terms") govern your use of the TrakNGo website located at www.TrakNGo.com.au ("Website") and form a binding contractual agreement between you, the user of this Website and us, TrakNGo Pty Ltd.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Website.

This Website is owned and operated by TrakNGo Pty Ltd on the World Wide Web.

The material on the Website is copyright © 2015 TrakNGo Australia Pty Ltd and/or licenced from other copyright owners. By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

1. Licence to use Website
   1. We grant you a non-exclusive, world-wide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
   2. You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use provided you do not remove any copyright and trade mark notices contained on the material on the Website.
   3. You may not modify or copy the layout of the Website and any computer software and code contained in the Website.
   4. You must not add any content to the Website:
      1. unless you hold all necessary rights, licences and consents to do so;
      2. that would cause you or us to breach any law, statute, regulation, rule, code or other legal obligation;
      3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, libellous, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
      4. that would bring us, or the Website, into disrepute; or
      5. that infringes the intellectual property or other rights of any person.
   5. To the extent that the Website contains links to other websites as well as content added by people other than us, we do not endorse, sponsor or approve any such user generated or any content available on any linked website.
   6. You acknowledge and agree that:
      1. We retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
      2. The Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property Rights
   1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website, and the Website and its material may not be re-sold and/or redistributed in any material form, stored in any storage media, and/or re-transmitted in any media without our prior written consent.
   2. By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferrable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
   3. You consent to any act or omission which would otherwise constitute an infringement of your moral right, and if you add any content in which any third party has moral rights, you must ensure that the third party also consents in the same manner.
   4. The licence in clause 2.3 will survive any termination of these Terms.
   5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3. Warranties
   1. You represent and warrant to us that:
      • you have the legal capacity to enter into these Terms;
      • you will use this Website only in accordance with these Terms of Use;
      • the information you provide via this Website will be accurate and complete; and
      • you have complied with clause 1.4.
4. Indemnity
   1. You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (in this clause 4.1 referred to as "those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those identified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
5. Liability
   1. To the full extent permitted by law, we exclude all liability in respect of loss of data, damage to computer hardware or software, interruption of business or any consequential or incidental damages.
   2. To the fullest extent permitted by law, we will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      1. (a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked websites; and
      2. (b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked websites.
   3. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
   4. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
      1. (a) in the case of goods:
         • (i) the replacement of the goods or the supply of equivalent goods;
         • (ii) the repair of the goods;
         • (iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired, and
      2. (b) in the case of services:
         • (i) the supply of the services again; or
         • (ii) the payment of the cost of having the services supplied again.
6. Use of Information Gathered
   1. We or people we authorise may gather information and process the information:
      1. (a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
      2. (b) regarding the way in which you use the Website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the Website.
   2. We are bound by the Privacy Act 1988 and the National Privacy Principles. Our Privacy Policy outlines how and when personal information is collected, stored and distributed by us. You can review our Privacy Policy here.
7. Termination
   1. These Terms terminate automatically if, for any reason, we cease to operate the Website.
   2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
   3. We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
8. General
   1. You must not assign, sub-licence or otherwise deal in any way with any of your rights under these Terms.
   2. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
   3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
   4. This Agreement is governed by the laws of South Australia and each party submits to the jurisdiction of the courts of South Australia.