You should read and understand our Terms and Conditions before You use Fleet Observer’s web-based Software, Iphone or Android applications. Fleet Observer provides GPS tracking solutions for businesses or organisations. Fleet Observer Websites, Software and Iphone or Android applications are owned by Fleet Observer Telematics Pty Ltd trading as Fleet Observer.

Fleet Observer Telematics

Fleet Observer Telematics is a company incorporated in the state of Victoria Australia, having its principal office in Boronia, VIC, 3155, Telephone 1300 798 876.
ABN  52610718502.

Definitions

1. Fleet Observer means Fleet Observer Telematics Pty. Ltd a company incorporated in the state of Victoria Australia, having its principal office in Boronia, VIC, 3155.
2. You means a person, business or organisation that is a user, client, customer or purchaser of Fleet Observer’s services or websites
3. Data means any information entered into our system using any type of computer, tablet computer or mobile phone.
4. Software means the Software provided by Fleet Observer made available via our Website or any mobile application we provide for download.
5. Website means the service provided by Fleet Observer at the domain www.fleetobserver.com.au or any other domain operated by Fleet Observer.
6. Intellectual Property Right means any patent, trade mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
7. Confidential Information includes all information exchanged between You and Fleet Observer, whether in written, electronic or oral form. It does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

Conditions

1. You understand and agree that the Software licence is provided on a monthly prepaid subscription basis for each GPS device we provide.
2. An individual licence is required for each vehicle or asset being tracked using our GPS system.
3. The Software and Website is provided on an “as is” and “as available” basis.
4. Fleet Observer disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Software.
5. Fleet Observer reserves the right to modify, suspend or discontinue the Software with or without notice at any time and without any liability to You.
6. You agree that You are responsible for Your own internet connectivity, internet fees and mobile data fees.
7. Fleet Observer may install at a time this is mutually convenient to You and Fleet Observer any GPS hardware required in each motor vehicle that you have has identified as a vehicle or asset to be tracked. Fleet Observer will test the functional operation of the GPS hardware that it installs with respect to its interaction with the Software.
8. At no time shall Fleet Observer be liable to you for the GPS hardware that Fleet Observer supplies or any damage caused (whether direct, indirect or consequential) by the GPS hardware supplied by Fleet Observer save in the event of personal injury directly caused by the negligence of Fleet Observer in installing the GPS hardware.
9. You agree that You will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations relating to the export of Data.
10. You agree that You will not use the Software to infringe upon another party’s Intellectual Property Rights or other proprietary, contractual or fiduciary rights.
11. You agree that You will not authorize or encourage any third party to use the Software to that infringe upon another party’s Intellectual Property Rights or other proprietary, contractual or fiduciary rights.
12. You agree that You will not tamper with or encourage others to tamper with the GPS products or Software in order to affect the quality of collected Data or prevent others from using the Software.
13. You agree that You will keep safe Your online username and password and will not disclose it to others.
14. You agree that You will use the Software in accordance with the user manuals made available to You by Fleet Observer.
15. You agree that You must maintain all Software including antivirus and spyware on all computers, tablet computers or mobile phones using the
16. You must provide a suitable internet connection to access the Software.
17. Fleet Observer will not and cannot be held liable for any Data loss due to unavailability of the Software.
18. Fleet Observer will make all efforts to prevent disruptions to the Software during normal business hours.
19. There may be times when the Website and or the Software is inaccessible due to factors outside the control of Fleet Observer.
20. Updates and upgrades will be scheduled to avoid peak usage times based on Australian Eastern Standard Time or Australian Daylight-Saving Time, whichever is in operation at the time.
21. Fleet Observer will normally respond to online support request within one working day.
22. Fleet Observer makes no guarantee on the period before any issues can be resolved but will do its best to resolve issues effecting service within 2 days.
23. In return for a pre-paid monthly fee, Fleet Observer will provide the Software on a per user basis.
24. You must pre-pay Your monthly user licence fees regardless of whether You intend to use the Software during that period.
25. A credit or refund cannot be claimed if You have not used the Software during any portion of the prepaid period.
26. Payment will start the day the GPS tracking hardware and is activated is installed in Your vehicle or plant.
27. The first payment will be a pro-rata charge for the remaining portion of the monthly billing cycle.
28. Billing is generated and payment is due on the first day of each month.
29. You will be charged monthly in advance.
30. If You do not prepay Your account when due Fleet Observer has the right to terminate Your service within 14 calendar days and without warning.
31. Your account will be automatically terminated if You do not prepay Your account within twenty-eight (28) calendar days from when the account falls due.
32. All Software remains the property of Fleet Observer and You have rights to use the Software and access or retrieve Data only when Your fees are paid in full.
33. Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of Fleet Observer
34. Intellectual Property Rights in the Data remains Your
35. Fleet Observer adheres to industry best practice policies and procedures to prevent Data loss but does not make any guarantees that there will be no loss of Data.
36. Fleet Observer expressly excludes liability for any loss of Data no matter how caused.
37. You acknowledge that You are authorised to use the Software and the Website and to access the information.
38. If You are using the Software and accessing the Website on behalf of or for the benefit of an organisation then Fleet Observer will assume that You have the right to do so and that the organisation will be liable for Your actions or omissions (including any breach of these Terms).
39. The provision of, access to, and use of, the Software is on an “as is, where is” basis and at Your own risk.
40. You expressly acknowledge that due to circumstances often beyond the control of Fleet Observer, including (but not limited to) Software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of mobile phone and internet services, the Software may not operate as designed.
41. Fleet Observer does not warrant that the use of the Software will be uninterrupted or error free due to the above factors. It is Your sole responsibility to determine that the Software meets the needs of Your organisation and its use.
42. Fleet Observer gives no warranty regarding the Software and the Website.
43. Fleet Observer does not warrant that the Software will meet Your requirements or that it will be suitable for Your
44. All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement. You warrant and represent that You are acquiring the right to access and use the Software and agreeing to these Terms and Conditions of this agreement for the purposes and on behalf of a business or organisation and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the Website or these Terms.
45. Fleet Observer does not warrant GPS hardware it supplies except for the 12 month warranty given by the manufacturers of the GPS hardware or at its discretion.
46. Fleet Observer does not provide a refund or replacement if you have a change of mind over our products or service.
47. It is your responsibility, within the constraints of Australian consumer law, to ensure Fleet Observer’s services or products meet your specific requirements. Fleet Observer will not make a refund if you have not taken reasonable care to ensure that Fleet Observer’s services and products meets your requirement.
48. You are entitled to a full refund of the supply and installation of the hardware or replacement if there is a major problem, as defined by Australian consumer law, with Fleet Observer’s supplied hardware, and/or installation of the hardware.
49. Fleet Observer does not provide a cooling off period unless you were approached through a telemarketing campaign authorised by Fleet Observer, in line with Australian consumer law.
50. During the Subscription Period, shall provide the Support Services. Any additional costs incurred by Fleet Observer in the provision of Support Services will be payable by the Customer, including, but not limited to:
    1. removing or re-installing GPS Tracker Devices from any Assets nominated by the Customer;
    2. any freight or transportation costs incurred;
    3. travel cost for callouts; and/or
    4. time incurred in callouts.
51. Fleet Observer will use its reasonable efforts to provide Support Services for GPS Tracker Devices it provides during the Subscription Period.
52. The Support Services do not include services that are required as a result of:
    1. misuse of GPS Tracker Devices or failure to use GPS Tracker Devices in accordance with this agreement;
    2. unauthorised attempts to repair, replace, modify or maintain GPS Tracker Devices; or
    3. damage to GPS Tracker Devices that occurs during or subsequent to a breach of the terms of this Agreement by the Customer.
53. Fleet Observer may suspend its services at any time without notice, for any reason including but not limited to, technical reasons, network repairs, or to comply with any law or order from an emergency service or government authority.
54. Any call outs will be charged a call out fee.
55. If the Customer does not use an Authorised GPS Installer for the install or de-install of GPS Tracker Devices, then unless the Customer can prove to the satisfaction of Fleet Observer that the install or de-install of GPS Tracker Devices (as the case may be) has not attributed in any way to any alleged faults in the GPS Tracker Device, then the Customer shall not have the benefit of any warranties provided in this Agreement by Fleet Observer and such warranties are hereby expressly excluded.
56. Unless the relevant party has the prior written consent of the other or unless required to do so by law: Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms and Conditions.
57. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as stated by these Terms and Conditions. Each party’s obligations under this clause will survive termination of these Terms and Conditions.
58. The provisions of the above clauses shall not apply to any information which: Is or becomes public knowledge other than by a breach of this clause; Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; Is independently developed without access to the Confidential Information.
59. To the maximum extent permitted by law, Fleet Observer excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software.
60. If You suffer loss or damage because of Fleet Observer‘s negligence or failure to comply with these Terms and Conditions, any claim by You against Fleet Observer arising from Fleet Observer‘s negligence or failure will be limited in respect of any one incident, or series of connected incidents to the balance of Your prepaid account.
61. If You breach these Terms and Conditions, Fleet Observer may at its discretion terminate Your use of the Software and the Website and may also suspend for any definite or indefinite period, Your use of the Software and the Website and access to any stored Data.
62. These Terms and Conditions represent the entire agreement between us in relation to the use of the Website and the Software and supersedes any prior agreement, understanding or arrangement between You and Fleet Observer, whether oral or in writing.
63. You may not assign or transfer any rights to any other person without Fleet Observer’s prior written consent.
64. If any part or provision of these Terms and Conditions is invalid, unenforceable or in conflict with the law, that part or provision of the Terms and Conditions will be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on both parties. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach.
65. No waiver will be effective unless made in writing.
66. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
67. These Terms of Use will be governed by and construed in accordance with the laws of The Commonwealth of Australia in the State of Victoria.
68. Any claims, legal proceeding or litigation arising about the Software or Website will be brought solely in The State of Victoria Australia, and You consent to the jurisdiction of such courts.
69. These Terms and Conditions apply to the entire content of any Websites provided by Fleet Observer and its Iphone or Android applications.
70. By using Fleet Observer’s Website, Iphone or Android applications You agree to and accept these terms and conditions of use.

Fleet Observer Telematics Pty Ltd

February 2024