Terms and Conditions
Last Updated on April, 22, 2025
1.0 Overview
1.1
Asset Operations Pty Ltd ACN 684 267 098 (We/ we, Us/ us, Our/ our) is the exclusive owner and / or licensee of all rights, title and interest in and to the cloud based asset tracking platform commonly referred to as “MapTrack”, its associated website (app.maptrack.com) and all related services and features (Platform), including all enhancements, updates and derivative works thereof. These Terms and Conditions (Terms and Conditions) record an agreement between you (You/ you, Your/ your), as the user and us for the purpose of your use of the Platform.
1.2
We and our third-party licensors reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.
1.3
Prior to using the Platform, you should read these Terms and Conditions carefully.
2.0 Acceptance of Terms and Conditions
2.1
By using the Platform, you are accepting these Terms and Conditions and agree to be bound by them.
2.2
We reserve the right to make changes to these Terms and Conditions from time to time. While we may provide notice of such changes, your continued use of the Platform following any changes constitutes acceptance of those changes.
2.3
These Terms and Conditions apply continuously and anew each time you use the Platform. We reserve the right to make changes to these Terms and Conditions from time to time without notice, and you should check these Terms and Conditions upon each use of the Platform.
3.0 Use
Your name;
Your email address;
An address for delivery purposes;
Credit/ debit card or bank account details for payment purposes;
Any other information required to use the Platform.
(User Data).
3.2
Failure to supply correct User Data may result in you being unable to use the Platform as intended.
3.3
We may use the User Data for the purpose of providing the functionality of the Platform and directly related purposes. We may share the User Data with our authorized service providers and contractors who have agreed to appropriate data protection terms and who require such data to provide services related to the Platform. All data sharing will be conducted in accordance with applicable privacy laws and our Privacy Policy.
3.4
Your access to the Platform is contingent on full payment of the fees when due in accordance with these Terms and Conditions.
3.6
You must not use the Platform for any unconscionable behaviour or activity, including but not limited to:
Engaging in abusive, derogatory, discriminatory, or vexatious behaviour;
Engaging in any activity that disrupts or corrupts the Platform or the networks that host the Platform;
Attempting to hack, reverse-engineer, disable, circumvent, or otherwise gain access to any security, database, or other secure aspect of the Platform;
Commit or encourage a criminal offence;
Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
Infringe upon the rights of any other person's proprietary rights;
Send any unsolicited advertising or promotional material (spam); or
Attempt to affect the performance or functionality of any computer facilities of or accessed through the Platform.
3.7
You may link to the Platform only:
With our prior express permission;
In a way that is fair, unbiased, legal and does not damage or exploit our reputation; or
In a way that does not suggest either express or implied any association or endorsement by us
3.8
You must remove or procure the removal of any link to the Platform immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.
3.9
You must not modify, adapt or hack the Platform or modify another website or software so as to falsely imply that it is associated with the Platform or us. You must use the Platform for its intended purpose. You may not use the Platform for any illegal or unauthorised purpose, including the transmission of malware. You must not use the Platform to violate any laws in any jurisdiction, including but not limited to copyright laws. For the avoidance of doubt, you must not infringe upon the copyrights of any other person in using the Platform.
4.0 Fees and Payment
4.1
By accepting these Terms and Conditions you authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your User Data. This may be for payment of your subscription fee when you first subscribe to the Platform and any subsequent monthly subscription fees (Fees).
4.2
Fees and other amounts payable to us for the Platform are charged in Australian Dollars. We reserve the right to amend pricing rates from time to time at our discretion, including giving you thirty (30) days’ written notice before any fee changes.
4.3
Fees are payable monthly in advance and will be direct debited from your nominated bank account or credit/ debit card at the time of subscription, and then on each subsequent monthly anniversary of the subscription date.
4.4
If sufficient funds are not available in your nominated financial account at the time of processing a payment:
We will issue an email notification to you providing notice of the payment default.
A second attempt to direct debit the fees from your nominated bank account or credit/ debit card will occur three (3) days after the failed attempt.
If the payment is declined a second time, your subscription will be temporarily disabled until the payment is successfully made.
All charges are inclusive of Goods and Service Tax (GST) where applicable.
5.0 Third party payment service
5.1
We use multiple third party payment service providers to process payments on the Platform. Payments submitted through the third party payment service provider is subject to their terms and conditions.
5.2
We are not liable for any issues, including charges from your financial institution, which may arise as a result of these services.
6.0 Refunds
6.1
If you believe you are entitled to a refund you can contact us through the contact details stated below. Any request for a refund must include, at a minimum:
Details of the product or service that you would like refunded;
The reason why you believe you are entitled to a refund;
Evidence of the defect or damage that warrants a refund.
6.2
We will investigate any request for a refund we receive. We may, at our absolute discretion, offer to refund or replace the product or service, offer you a credit for the value of the product or service, or offer a full or partial refund for the product or service.
6.3
Subject to any rights you may have under Australian Consumer Law, all requests for refunds will be dealt with at our absolute discretion.
6.4
Unless we determine otherwise at our absolute discretion, requests for refunds due to a change of mind will not be considered.
6.5
Notwithstanding any other provision of these Terms and Conditions, we are in no way required to refund any amount.
7.0 Intellectual Property
7.1
Your use of the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform or the Product beyond the ability to use it for its intended use.
7.2
Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform.
7.3
You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
7.4
You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform or any products ordered through the Platform, use of the Platform, or access to the Platform without our prior express written permission. We claim copyright and all other intellectual property rights over the Platform, its other products and services and reserve all of our rights.
7.5
All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), the data derived from use of the Platform, all improvements, modifications and derivative works thereof, and any other documentation, information or materials that are supplied by us to you, remain our or our third party licensors’ exclusive property. You hereby assign to us all rights, title and interest in any feedback, suggestions, or ideas you provide regarding the Platform. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.
7.6
You grant us a perpetual, irrevocable, exclusive licence to use, copy, transmit, store, back-up, modify, and create derivative works from your information and data for the purposes of enabling You to access and use the service, improving our services, creating analytics, and for any other business purposes we determine. This licence is without limitation to our right to create anonymised data compilations or similar works, and survives the termination of these Terms and Conditions.
8.0 Operation of the Platform and Support Services
8.1
You warrant that you will comply fully with all the Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.
8.2
We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.
8.3
We may suspend the Platform for any one or more periods of time if we are unable to provide the Platform due to a fault or dysfunction with our servers.
8.4
We will provide support within a reasonable timeframe, depending on the severity of the issue, and at our sole discretion.
8.5
Depending on your subscription categories, we may provide you email support or telephone support during business hours, namely, 8.30 am to 5.30 pm, Monday to Friday, excluding public holidays. Any support requested outside business hours is subject to additional costs or any written contract we have entered into with you.
8.6
We may provide you, at your request and at our sole discretion with an additional non-refundable fee, with additional services, including but not limited to auditing, data entry, training in the use of the Platform, advice for best practice, ways to use the Platform, implementation services, and other services in relation to the Platform (Professional Services).
8.7
All modifications made for you as part of the Professional Services we provided must remain our sole property.
9.0 Modifications to the Platform
9.1
We reserve the right to modify or discontinue, temporarily or permanently the Platform and its other products and services with or without notice.
10.0 Warranties
10.1
You acknowledge and agree that we will not be liable for any direct or indirect expense, damage or injury (including indirect loss of revenue, profits, goodwill or business opportunity) howsoever caused, including arising directly or indirectly from or in connection with your use of the Platform, except to the extent such liability cannot be excluded by law.
10.2
Subject to any of the rights you may have under Australian Consumer Protection Law, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform or any other matter under these Terms and Conditions.
10.3
The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:
The operation and functionality of the platform;
The accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content; and/or
The products and services associated with the Platform or its content.
10.4
We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.
11.0 Limitation of liability
11.1
We disclaim all liability for any:
Indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
Loss of profits;
Business interruption;
Network interruptions;
Loss or damage to reputation of us or any third party;
Loss of information or data;
All liability for any loss or damage, relating to or arising out of your use of the Platform.
11.2
Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the software. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations will apply to you to the fullest extent permitted under applicable law.
11.3
To the extent permitted by law, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of:
The amount paid, if any, by you to us in connection with the Platform in the two (2) months prior to the action giving rise to liability or
(ii) $1.00.
12.0 Indemnity
12.1
You defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, contractors, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:
Your access to or use of the Platform;
Your violation of this agreement;
Any infringement by you of any intellectual property or other right of any person or entity.
12.2
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13.0 Transfer of rights and obligations
13.1
These Terms and Conditions are binding on you and us and on our respective successors and assignees.
13.2
You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.
13.2
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.
14.0 Force Majeure Events
14.1
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
14.2
A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks;
Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time; and
The acts, decrees, legislation, regulations or restrictions of any government.
14.3
Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.
15.0 General
15.1
To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.
15.2
We may, in our sole discretion, use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Platform. You acknowledge and agree that we may transfer, process and store your data through such third parties.
15.3
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your access to the Platform, without notice or refund. We reserve the right to pursue legal action in such cases.
15.4
We do not warrant that:
The Platform will meet your specific requirements;
The Platform will be uninterrupted, timely, secure, or error-free;
Any errors in the Platform will be corrected.
15.5
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and us regarding your use of MapTrack, superseding any prior agreements between you and us.
15.6
Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of these Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.
15.7
We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. MapTrack is provided on an 'as is' basis, and your use of MapTrack is at your sole risk. In no event shall we be liable for any indirect, incidental, special, exemplary, punitive or consequential damages arising out of or related to your use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, our total liability for any claim arising from or relating to these Terms and Conditions or your use of the Platform shall not exceed the amount paid by you, if any, for accessing the Platform during the two (2) months immediately preceding the date of the claim.
15.8
Any queries about these Terms and Conditions should be sent to us by email at privacy@maptrack.com
15.9
These Terms and Conditions are governed by the laws of Queensland, Australia, without regard to its conflict of law principles. You agree that any dispute arising from your use of the Platform shall be exclusively subject to the jurisdiction of the courts of Queensland, and you hereby irrevocably submit to the personal jurisdiction of such courts. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration. Prior to commencing any legal proceedings, you must first attempt to resolve any dispute through good faith negotiations with us for a period of not less than 30 days.