These terms and conditions govern Your use of the Platform, API and the Website We have created and allowed You to use to store Your data with Us and download Your data to Your devices. By using the Platform, API and/or the Website You are agreeing to these terms and conditions. If You don’t agree with these terms and conditions then You must stop using the Platform, API and/or the Website.
The preliminary stuff: You are solely responsible for (1) purchasing and maintaining software to receive Your data and configure it to Your requirements and needs, (2) the devices upon which You will be using the software to receive and configure Your data, and (3) Your contract with your telecommunications provider and all telecommunication fees charges and costs associated with Your usage of the Platform, API and/or Website.
Your choice to use: It is solely Your choice to use the Platform, API and/or the Website and We have not made any representations or promises to You about Your use of them. You have made up Your own mind and not relied on anything We (or our agents or employees) have said or provided to You about the Platform, API and/or the Website.
API and Key: We will issue You with an API Key. You must keep that Key safe and secure because anyone holding that Key will be able to access Your data.
Your use: You don’t own the Platform, API and/or the Website, We do. While you are complying with these terms Your only rights are to use them on a non exclusive basis. These rights are personal to You and You can’t transfer Your rights to anyone. You must only use them for Your own organisation and for lawful purposes – in particular You cannot use them to breach someone’s privacy or stalk another person.
Fair Use: Your use must not be excessive, unfair or unreasonable. If We reasonably consider that you have breached these obligations then We can immediately, and without prior notice to You, restrict, modify or suspend Your access.
You Should: You should regularly download and backup Your data.
Maintenance: Every now and again We will need to undertake maintenance, and the owners of the servers on which Your data will be stored will also need to undertake maintenance. During this time You will not be able to access and download Your data.
What You can’t do: You can’t claim ownership of the Software and/or the Website or any other rights to either of them. Without our prior written consent (which We can withhold for any reason) You can’t and You can’t allow any other person, party or entity to (1) decompile, disassemble or reverse-engineer the Software, (2) remove any product identification or proprietary rights notices of the Software, (3) lease, lend or use the Software for any other purposes other than as licenced pursuant to these terms, (4) modify or create derivative works of the Software, (5) publish any performance or bench mark tests or analysis related to the Software or, (6) otherwise use or copy the Software except as is expressly provided within these terms.
What We can do: We can (1) modify, update or discontinue the Platform, API and/or the Website at any time upon giving You reasonable notice, at our sole discretion for any or no reason, (2) stop or suspend Your use of the Software and/or the Website if You breach any of theses terms or You fail to pay us any money, (3) charge You interest at the rate of 12% per annum for every day (or part day) You haven’t paid Us any amount. Our rights and remedies are not limited by this list.
If You don’t comply with these terms and conditions: If this occurs We can do any of the following at our choice and in any combination: (1) immediately suspend or terminate Your rights to use the Platform, API and the Website, and/or (2) take legal proceedings against You. These remedies are not exclusive or exhaustive. You agree that damages may not always be an appropriate remedy, and that in those circumstances We are entitled to seek injunctive and other urgent equitable relief.
Indemnity: In addition, if You don’t comply with these terms and conditions and We suffer any loss, damage cost or expense whatsoever as a result then You must immediately indemnify and hold us harmless in respect of any and all costs, damages, losses and/or charges (including but not limited to legal costs on a full indemnity basis) We suffer or incur connected with that non compliance.
It’s not our fault if: We are not liable to You if you experience problems with your software or hardware or there are problems with Your telecommunications provider, problems with the Internet generally or with any service providers. We can’t and won’t be responsible for things that are outside Our control. In respect of the things that We charge You for, if something goes wrong and it’s our fault, the maximum amount We have to pay You connected with our default is the amount We have charged You for those services and paid for by You in the three (3) months before that default. If You have contributed in any way then our liability to you is reduced by the proportion that your own actions or omissions have contributed to the problem.
Payments: Any and all payments You must make to Us must be paid in full and free of any deductions or withholding whatsoever, and by the due date. If we don’t nominate a due date for payment then the default due date for payment is within 7 days of the date of our invoice.
Information: In signing up to use the Platform, API and the Website You are providing us with information that We need to be able to provide them to You, and unfortunately to pursue You if You don’t comply with these terms and conditions. We will comply with all Australian legislation regarding the collection, storage and use of that information and You have the right to view and correct any such information held by us. In addition You provide us with an irrevocable licence to provide collected and collated information and/or data to third parties for traffic reporting purposes and other lawful activities so long as that data and/or information does not personally identify any person’s identity. This exception does not apply when we have to provide personal information due to any court order or under any law.
At the end: All good things come to an end eventually. When Your rights to use the Platform, API and the Website come to an end then (1) We will immediately remove your access and block Your devices from communicating with the Platform (2) any amounts that You haven’t paid to Us become immediately due and payable, and (3) we can delete that data at any time afterwards without any notice to You or liability to You whatsoever and howsoever arising. If You have voluntarily stopped Your use then any prepayments You have made to Us are not refundable.
Definitions: ‘Us’ or ‘We’ or ‘Our’ means GPSENGINE PTY LTD (ACN 137 859 075) and our transferees and successors in title; ‘You’ and ‘Your’ means the person who signs up to use the Platform, API and the Website; ‘Platform’ means the ‘back end’ infrastructure we have recreated to store Your data; ‘API means the Application Programming Interface we have created and are making available to You; the ‘Website’ is https://api.gpsengine.net and https://connect.gpsengine.net and any replacement websites we create.
The law: As We are an Australian Company, the laws of Queensland Australia apply to these terms and conditions and the Courts of Queensland will determine any dispute.
Amendment: We can amend these terms from time to time. If We do, We will let You know of the changes via the Website, and You will need to agree to those changes before You can continue to use the Platform. If You don’t agree to those changes, then these current terms and conditions will continue to apply but either You or We can terminate our contract by providing not less than 30 days’ written notice to the other person.