Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and ImmoTrack Online regarding your access and use of our website, products, and services, including GPS trackers and vehicle immobiliser hardware (collectively, the "Services"). By using our Services, you agree to these Terms. If you do not agree, please do not use the Services.

1. General Overview

Our services provide GPS tracking and immobilisation features as tools to assist you in monitoring your vehicle location, and stopping vehicle theft. These services are intended to act as deterrents, tracking aids, and additional security measures. However, we do not guarantee that the use of our Services will prevent theft, recover stolen property, or eliminate illegal or unauthorised access to your vehicle.

2. Disclaimer of Liability

You expressly understand and agree that:

No Guarantee of Results

• While our GPS trackers and immobilisers are designed to provide tracking and security functionality, they do not constitute comprehensive theft prevention solutions. You are solely responsible for taking proper precautions to secure your vehicle, including but not limited to locking doors, parking in secure locations, and using additional security methods.
• We cannot guarantee that your vehicle will not be stolen, tampered with, or remain safe from theft or unauthorised access.

No Liability for Loss or Stolen Property

• Under no circumstances shall we be held liable for any theft, loss, or damage to your vehicle, or for any inability to recover your vehicle in the event it is stolen.
• You agree that the Services are provided "as is" and "as available" for your personal use, and any reliance on their functionality is at your own risk.

Limitation of Liability

• To the fullest extent permitted by Australian law, we are not liable for any direct, indirect, incidental, consequential, or special damage, including but not limited to financial losses, vehicle replacement costs, legal costs, or any loss of profit arising from the use of our Services.

Customer Responsibility

• You remain fully responsible for notifying law enforcement or other authorities in the event of theft, unauthorised access, or related incidents involving your vehicle. Our Services are not a substitute for police intervention or other legal recourse.

3. Remote Vehicle Disabling

Our Services include a remote vehicle disabling feature called SECO (Safe Engine Cut Off), which allows you to disable your vehicle's operation remotely. When this feature is activated, the vehicle is designed to prevent further movement once it is not moving. By using this feature, you agree to the following conditions:

a. Safe and Responsible Use

Your Responsibility:

• You are solely responsible for ensuring that the remote disable feature is activated in a manner consistent with public safety.
• You must take reasonable care to only disable a vehicle when it poses no risk to the vehicle's occupants, other road users, pedestrians, or property.

Safety Risks:

• Disabling a vehicle in high-speed scenarios, heavily populated areas, or on critical infrastructure such as highways may create significant risks. You agree that you will not use this feature in any manner that would endanger lives or public safety.

Lawful Use Only:

• This feature must only be used for authorised vehicles owned or controlled by you. You agree not to use the feature to monitor or control vehicles unlawfully or to target individuals.

b. Notification to Authorities

Law Enforcement Coordination:

• In the event of theft or unauthorised access, you must contact law enforcement authorities before activating the disable feature. Using this feature under their guidance can help ensure that its use is lawful and safe.

Your Responsibility After Activation:

• When a vehicle is disabled, thieves or unauthorised users may abandon the vehicle in unsafe or remote locations. You are responsible for notifying authorities and taking action to recover the vehicle promptly and safely.

c. Limitations of the Feature

While the remote disabling feature is a useful tool to assist in theft prevention, its effectiveness depends on external factors, such as:

• Telecommunications and GPS signal availability, which may be interrupted by weather, terrain, or technical issues.
• Malicious tampering or other efforts to interfere with the GPS tracker or immobiliser hardware.

The feature may not engage in all scenarios or may experience delays. You acknowledge these limitations and agree that we shall not be liable for any consequences resulting from the delayed or failed activation of this functionality.

d. Indemnity

You agree to indemnify and hold us harmless from any damages, claims, or liabilities resulting from your use of the remote disable feature, including but not limited to:

• Injuries or property damage caused to others (e.g., passengers, pedestrians, third parties);
• Damage to the vehicle after being forcibly abandoned, tampered with, or recovered;
• Claims arising from improper activation or unlawful use of the disable feature.

4. Compliance with Australian Laws

a. Consumer Guarantees under the Australian Consumer Law (ACL)

Our products come with guarantees that cannot be excluded under the ACL. However:

• The guarantees are limited to the quality, functionality, and performance of the hardware and software in delivering the features advertised.
• We are not liable for the misuse, improper installation, or unauthorised modifications to the devices by the customer or third parties.

b. Telecommunications Laws

Certain aspects of our Services, such as GPS tracking, rely on third-party telecommunications services for data transmission. You acknowledge that connectivity issues or service outages with third-party telecommunications providers are outside our control, and we are not responsible for disruptions or delays due to such issues.

c. Privacy and Data Use

The use of our Services is subject to our Privacy Policy, which outlines how personal and vehicle location data is collected, used, stored, and shared, in compliance with the Privacy Act 1988 and other applicable laws.

• You agree to provide consent for the collection of location data necessary for the operation of GPS trackers.
• We are not liable for unauthorised use of or access to such data if resulting from your negligence (e.g., misuse of login credentials or failure to secure your account).

5. Use of Services

Legally Permissible Purposes: You agree to use our Services solely for lawful purposes and must not misuse the GPS tracking or immobiliser features to unlawfully monitor others, breach privacy laws, or engage in unlawful activities.

Installation and Operation:

• It is your responsibility to ensure that installation is carried out by a qualified professional, in compliance with the manufacturer's instructions and relevant Australian road laws.
• Improper installation or use may void the warranty or render the device ineffective. We are not responsible for any issues resulting from improper installation or misuse.

Service Limitations:

• The Services rely on GPS and telecommunications networks, which may experience disruptions or inaccuracies due to environmental factors, coverage gaps, weather, or technical issues.
• You acknowledge and agree that these limitations are outside our control and will not hold us responsible for any perceived failure in the Services resulting from such factors.

6. Warranty and Support

Our hardware products come with a standard warranty as required under the ACL, covering manufacturing defects or faults in materials.

The warranty does not cover:

• Damage caused by misuse, negligence, unauthorised alterations, or improper installation.
• Issues arising from environmental factors, third-party errors, or defects unrelated to our manufacturing or installation (if performed by us).

If a product is defective, we will replace or repair it or offer a refund, subject to the specific conditions of the ACL. Please contact us at support@immotrack.online for warranty claims or support inquiries.

7. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, costs, or liabilities arising directly or indirectly from your use of the Services, including:

• Negligent or improper use, installation, or misuse of GPS tracker or immobiliser hardware.
• Breach of these Terms or any applicable laws.
• Claims by third parties as a result of your use of the Services (e.g., unlawful tracking of another person without their consent, misuse of immobiliser functionality).

8. Reporting Stolen Vehicles

The Services are designed to act only as assisting tools. In the event of vehicle theft, you agree to follow proper reporting protocols, which include contacting law enforcement authorities as your primary course of action.

We are not responsible for liaising with law enforcement or representing you in property recovery efforts. Use of our Services does not absolve you of your responsibility to secure your vehicle or to file timely theft reports.

9. Changes to the Terms

We reserve the right to modify or update these Terms at any time. If updates materially impact your use of the Services, we will notify you via email or through our website. Continued use of the Services after such changes constitutes your acceptance of the revised Terms.

10. Governing Law

These Terms are governed by the laws of Australia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria.

11. Contact Us

If you have questions about these Terms or the proper use of our Services, please contact us:

ImmoTrack Online
Email: support@immotrack.online