Terms and Conditions

    Definitions

    “Agreement” means these Terms and Conditions;
    “Change Fee” means a fee charged by Us to compensate for making any amendments to your Service such as Vehicle, Device or Driver changes;
    “Commencement Date” means the sooner of the vehicle hardware being activated in your vehicle or 7 days following the date of shipment from our Brisbane office;
    “Confidential Information” means any information that relates to GPSi Group, its business and its members, any information identified as such or which Authorised Reseller knows or ought to know is confidential, including personal information and the terms of this Agreement;
    “Customer”, “End-User”, “You” “Your” or “Yours” means any person, party or organisation as may from time-to-time rent the Device and Service from Us;
    “Device” means a Roadscout telematics device that is installed or to be installed in a vehicle for use with the Service;
    “Device Replacement Fee” means a fee charged by Us in the event that You do not return the Device within the Extended Grace Period or You damage the Device or fail to return the Device in good working order;
    “Early Termination Charge” means an administration fee that We may charge at our sole discretion in the event that You advise us of an intention to terminate the Service before the natural conclusion of the agreed Term;
    “elogbook® vehicle logbook solution”, “elogbook®” means the description and specifications of the Device and Service offered by Us which You hereby acknowledge is a complete and exhaustive statement of the elogbook® solution which We agree to supply to You;
    “Extended Grace Period” means a period of thirty-five (35) days following the end of Term or the mutually agreed date of Termination in the event of an earlier Termination Event by Us or You;
    “Grace Period” means a fourteen (14) day period following the end of Term or the mutually agreed date of Termination in the event of an earlier Termination Event by Us or You;
    “GPSi Group”, “GPSi”, “We”, “Us”, “Our” or “Ours” means GPSi Group Pty Ltd (ABN 37 130 791 436) the developer and owner of the elogbook® vehicle logbook solution;
    “Order” means the description of the Device and Service offered, including the Term and the associated charge on which you or your authorised representative acknowledges acceptance;
    “Intellectual Property” means any form of intellectual property capable of being granted protection at law including, but not limited to registered and unregistered trade-marks, patents, copyright, designs, circuit layouts, software methodologies and trade secrets in existence prior to or after the Commencement Date;
    “Person” means a natural or juristic person;
    “Related Person” means any director, officer, employee, agent, subcontractor or professional advisor of either Party;
    “Service” means the elogbook® vehicle logbook solution, developed and owned by Us;
    “Term” means the duration you have selected including any extensions granted by Us in the event of Device failure;

    Preliminaries

    This Agreement is a legal agreement between You and Us and applies to the use of the Device and Service and any items associated therewith, whether delivered by physical or electronic means. By using any portion of the elogbook® solution, You accept all the terms and conditions of this Agreement including all other agreements, terms and conditions incorporated by reference. If You do not agree to the terms of this Agreement, do not use the Device or Service and immediately return the unused Device to the place where You obtained them. If You have already paid for the Service, You may obtain a refund of the purchase price provided that You:

    1. have not used the Device or Service, and
    2. immediately return the Device together with proof of payment.

    This Agreement may be updated and amended by Us, without Your consent, at any time and without notice. The current version of the updated and amended Agreement can be found at this website. You understand and agree that if You use either the Device or Service after the date on which the terms of this Agreement have been changed, Your continued use will constitute acceptance of the updated or additional terms.

    Online Orders

    You can browse, register and subscribe to the Service within this website. We offer an online payment gateway is powered by Stripe® and is a secure, encrypted facility. All credit card and transaction details are maintained exclusively within the Stripe® service and no credit card data is transferred or made available outside of the Stripe® service. Consolidated transactional data is automatically managed by the Stripe API into Our business systems without human intervention. You will be required to register and validate Your Personal Data prior to committing to an Online Order.

    Registration

    In order to use the Service, You are required to provide registration information to Us. You represent and warrant that all such information You provide to Us, is true, accurate, complete and current and further agree to promptly update your information to ensure that it is at all times true, accurate, complete and current.

    License, Copyright & Usage Restrictions

    Subject to the terms and conditions of this Agreement, we hereby grant You a limited, non-exclusive, non-assignable, non-transferable right to use the Service.
    You understand and agree that all descriptive materials, electronic depictions, specifications, downloaded information, drawings and any other documents or media relating to the Device and Service, whether supplied by Us to You over the Internet or by other means, includes valuable Trade Secrets, Confidential Information and Intellectual Property which remains Our sole property.
    All trade names, company names, copyrights, trademarks, service marks patents, inventions, trade secrets, intellectual property rights and other proprietary rights including service names and logos in and of the Device and Service are Our proprietary marks, and are protected by law and may not be copied, imitated or used, in whole or in part, without Our explicit consent. This Agreement does not grant You any rights in respect of any such marks and the Service is licensed, not sold.
    You will not make any representation inconsistent with Our sole ownership of the Device or the Service. You will not, and will not permit anyone else to, hypothecate, charge, pledge or encumber the Device or Our interest in the Device in a manner to create or permit to exist any levy, security interest, hypothecate, lien or encumbrance thereof or thereon except those created by or through Us.
    You acknowledge that every Device will remain movable or personal property whether or not affixed to real or immovable property and shall not become a fixture or be made to become a part of any immovable or real property on which it is placed.

    Rights of Ownership

    You hereby grant to Us the right to use any data or information including Your registration information:

    1. to maintain, improve or develop new Products and Services;
    2. to communicate information and notices related to You about the Device and Service;
    3. as reasonably required for the provision of support, maintenance or other services;
    4. to manage and develop our business and operations; and
    5. to understand and meet Your needs and preferences;

    You agree that We may collect and use de-identified technical data and related information, including but not limited to information gathered periodically to facilitate the support and ongoing development of the Service.

    Telecommunications Carriers and GPS Technologies

    You acknowledge and understand that communication services used in the provision of the Service may be provided by third parties and You specifically acknowledge and agree to the following:

    1. that access to the Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of the transmission networks. You agree that We shall not be responsible for such interruptions to the Service;
    2. that We may temporarily suspend or permanently terminate the provision of some or all of the Service upon little or no notice in the event that We, in Our sole discretion determine that You have violated a telecommunications carrier’s acceptable use policy or other network rules and policies; and
    3. that for a successful vehicle fix to be registered by the Device, there must be a clear “line of sight” between the vehicle’s GPS antenna and a sufficient number of GPS satellites. Objects, such as buildings, overpasses, and other obstructions (such as parking in garages or underground structures) that shield the antenna from “line of sight” to a satellite can potentially weaken or even block out a satellite’s signal such that it becomes difficult to ensure reliable and/or accurate positioning.

    Other Supplier Terms and Conditions

    By accepting the above terms, You also accept any supplier terms and conditions the Service may contain or function in connection with including software, software services, data services and products produced or supplied by other suppliers who require Us to pass through their terms and conditions and/or require You to accept their terms as a condition to Your use of the Service. These other supplier terms contain important terms and conditions that affect Your rights and obligations. These suppliers reserve the right to amend their terms from time to time, as specified below, and by accepting such terms as part of Agreement, You agree to accept any amended versions of such other supplier terms. You agree that it is Your responsibility to review, determine applicability and comply with the terms set forth below as well as to check for updates and changed URLs.

    Purchase & Use by You

    The acceptance of any Purchase by You for the Service is expressly made conditional upon Your acceptance of and agreement to the terms and conditions of this Agreement.
    You acknowledge and agree that You have no right, title or interest in the Device or the Service other than the right to use the Device and access the Service as set forth in this Agreement for the duration of the Term only.
    You agree that the use of the Device and Service is granted by Us on rental basis and You further acknowledge that the rental of the Device will expire at the end of the Term. The Commencement Date for your Term will be exactly seven (7) days following Our communicated shipment of your Device.
    You will assume all risk of loss and damage for the Device upon Our advice to You of that shipment, up and until we acknowledge the physical receipt of the Device to our Brisbane office at the conclusion of the Term.
    You will keep the Device in good working order at Your expense and will ensure that the Device is stored, installed, operated, used and maintained in accordance with relevant documentation.
    You acknowledge and agree that the Device will be allocated to a single vehicle for the duration of the Term. If a change of vehicle is required You understand that We will charge a Change Fee to cover Device reset and other setup costs.
    You agree to return the Device in the same condition as delivered to You, except for ordinary wear and tear resulting from normal use thereof. If any Device does not meet such standard on its return to Us, at our sole discretion we reserve the right to charge You the Device Replacement Fee.
    You understand and agree that it is Your responsibility to familiarise yourself with the operation of the Device and Service including reading of instructions and/or other materials as may be made available from time to time at this website. You agree that You will use the Device and Service only in accordance with such guides.
    We reserve the right at any time to modify or discontinue the Service (without notice to you) including making changes to the price, term, and scope of the Service offered.

    Severability

    To the extent that any provision of this Agreement be declared by a court or other lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. The remainder of this Agreement shall continue in full force and effect with respect to all other provisions.

    Term & Termination

    Without prejudice to any other rights, We may immediately terminate the provision of Service if You fail to comply with any of the terms and conditions of this Agreement. In such event, You must discontinue use of the Device and Service.
    Upon termination resulting from a breach or default by You. or the end of the agreed Term, You will promptly return the Device to Us at Your risk and expense.
    You acknowledge and agree that the Service charge is amongst other things been priced based on the Term of the contract where a longer Term is offered at a discounted average monthly rate.
    If You wish to return the Device and cease use of the Service prior to the end of the agreed Term, you acknowledge that an Early Termination Charge may apply. At Our sole option, and without foregoing Our right to charge an Early Termination Charge, We may offer a rebate on the Term fee. The rebate if paid will be calculated on the lesser of the charges associated with the Term closest to, but more senior to, the Early Termination or the remaining fee payable on the current Term.

    Device Return

    You acknowledge that the Device must be returned to Us by You in good working order and within the Grace Period, at your sole responsibility.
    The Device must be returned in accordance with the published RMA process as set out on the website to:
    Elogbook Team
    Unit 2 209 North Quay
    BRISBANE QLD 4000
    If You fail to return the Device within the Grace Period You will be charged a Non-Return Fee for the Device, immediately upon expiry of the Grace Period, and thereafter weekly in advance on each weekly anniversary of the end of Term date up, and until, the earlier of the Device’s return to Us or the expiry of the Extended Grace Period. If You fail to return the Device within the Extended Grace Period You will be charged the Device Replacement Fee.
    You acknowledge and agree that both the Non-Return and Device Replacement Fees are non-refundable.

    Governing Law

    Any disputes related to this Agreement or to the use of the Device or Service are subject to the laws of Queensland, Australia without giving effect to any principles that may provide for application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is excluded from application to this Agreement. All disputes arising out of this Agreement shall be settled in courts of Brisbane, Queensland Australia which will have exclusive jurisdiction in respect of any such disputes.

    Limited Warranty

    We do not and cannot warrant that the Device or Service will operate free of errors. Above all You should be aware that errors may occur when using the Device or Service that can be caused by a range of issues including but not limited to local environmental conditions, the transmission and/or receipt of incomplete data and/or incompatibilities between Your vehicle and the device.
    If any, and to the maximum extent permitted by applicable law, We provide the Device and Service “As Is”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory. Your exclusive remedy and Our entire liability under this limited warranty will be at Our option to offer a replacement Device, extend the contracted Term to cover any time lost resulting from Device failure, or refund the fee paid for the Service at a prorated rate less any time where the Service has been provided to You.
    Notwithstanding the period of Warranty, if applicable, should You breach any term(s) of this Agreement, the period of Warranty will terminate on the date of such breach.

    Warranty Exclusion

    You acknowledge that no directors, officers, agents, representatives or employees have any authority, express or implied, to make any representations, warranties or agreements not expressly set forth in this Agreement and subject to the limited remedies herein provided. You specifically disclaim that You are relying upon or have relied upon any such other representations or warranties that may have been made by any person, and acknowledge and agree that We have specifically disclaimed and do hereby specifically disclaim any such other representation or warranty made by any person.

    Limitation of Liability

    Notwithstanding any other provision in this Agreement and to the maximum extent permitted by applicable law, neither We nor Our service providers, affiliates, employees, directors, officers, agents and suppliers shall be liable or otherwise responsible for, and You hereby waive the right to make any claim with respect to:

    1. special, incidental, indirect, or consequential losses or damages, including loss of revenue or profits, loss of data, business information or loss of use thereof, failure to realize expected profits or savings, cost of capital, loss of business opportunities, loss of goodwill or any other non-direct, pecuniary, commercial or economic loss or damage of any kind or any claim by any third party;
    2. any loss or damage arising from or related to any changes We may make to the Device or Service;
    3. any modification, interruption, suspension, failure or discontinuance of the Service;
    4. any loss, deletion, corruption or failure to store or transmit any of Your data;
    5. the completeness or accuracy of Your data or any other communications;
    6. a third party’s unauthorized access to Your data or communications transmitted through the Service;
    7. Your failure to update Your registration information;
    8. Your failure to keep Your login credentials secure; or
    9. any accident or injury caused by or to a vehicle or operated by You or any other person if the accident resulted from the operation or failure of any Device, even if We could foresee or have been advised of the possibility of any such loss or damage.

    You agree that, to the maximum extent permitted by applicable law, that Our liability and the liability of Our service providers, affiliates, employees, directors, officers, agents and suppliers in respect will at no time exceed the amount You have paid for the Service. Your sole recourse in the event of dissatisfaction is to stop using the Service and to return the Device to Us.

    Entire Agreement

    This Agreement (including any addendum or amendment to it), and any other terms and conditions, if applicable, represents the entire agreement between You and Us relating to the Device and Service and supersedes all prior oral or written communications, proposals and representations with respect to the Device and Service or any other subject matter covered by this Agreement.