Terms & Conditions
Terms & Conditions
Website Terms and Conditions
mTrax Website Terms and Conditions (Terms)
1. Your acceptance
o These are the terms on which Arvia Pty Ltd ACN 26 122 043 743 (referred to as mTrax, we, our or us) permits users (referred to as you or your) to:
▪ access and use the mTrax website (www.mTrax.co) (Website) including using the information and functionality made available through the Website; and
▪ view and interact with any content, information, communications, advice, text or other material provided by mTrax on the Website (mTrax Content).
o You agree to be bound by these Terms when you use, browse or access any part of the Website. o mTrax may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. mTrax Content
o The Website is owned and operated by Arvia Pty Ltd.
o The mTrax Content on the Website is for marketing, general information and promotional purposes only. mTrax does not warrant or make any representations as to the mTrax Content, including any third party products or services described or referred to on the Website. The mTrax Content may contain errors. Any use of the mTrax Content by a person or organisation is at your own risk.
o All intellectual property rights, including copyright, in the Website and mTrax Content are owned or licensed by Arvia or any of its related entities. You must not copy, modify or transmit any part of the Website or the mTrax Content.
o The mTrax Content and Website contains trademarks, logos and trade names of mTrax or third parties that may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos or trade names appearing on the Website or as part of the mTrax Content.
o mTrax grants you a non-exclusive and non-transferable licence to use the mTrax Content and Website for your own personal use, subject to the restrictions specified in clause 5 and elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.
o If you have a complaint regarding the Website, your Registration or any mTrax Content, mTrax’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular mTrax Content.
3. Registration for marketing purposes
o Although you may browse the Website without providing your details, in order to receive marketing updates you will need to register your contact details via the Website (Register).
o When you Register, you will be asked to provide certain personal details, and must provide an email address that you own or control. You may be asked to connect your Registration with your Facebook, Twitter or Google accounts. This information will assist us in providing the marketing services associated with the Website to you.
4. Prohibited uses
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
• download (other than page caching) or modify the Website or any portion of the Website;
• when Registering, impersonate or falsely claim to represent a person or organisation; or
• frame the Website without mTrax’s express written permission.
5. Links and advertisements
o The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). mTrax provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
6. Access and communication
o Subject to the consumer guarantees provided for in the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), mTrax does not warrant that you will have continuous access to the Website.
o mTrax will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
o mTrax does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
o Whilst mTrax takes reasonable precautions to protect information transmitted via the Website, mTrax cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
o mTrax does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
o If you Register on the Website to receive further information and materials from mTrax, we may track and aggregate your interaction and activities associated with your Registration and use of the Website.
o If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website.
9. Personal Information collected via the Website
You will fully indemnify mTrax in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
• any breach of these Terms by you;
• your use of the Website; or
• your Registration and communications with mTrax.
11. Warranties, consumer guarantees and limitation of liability
o Subject to clause 12.2, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
o Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
o To the fullest extent permitted by law, the liability of mTrax for a breach of a non- excludable guarantee referred to in clause 12.2 is limited, at mTrax’s option, to:
▪ in the case of goods supplied or offered by us, any one or more of the following:
▪ the replacement of the goods or the supply of equivalent goods;
▪ the repair of the goods;
▪ the payment of the cost of replacing the goods or of acquiring equivalent goods; or
▪ the payment of the cost of having the goods repaired; or
▪ in the case of services supplied or offered by us:
▪ the supplying of the services again; or
▪ the payment of the cost of having the services supplied again.
▪ mTrax will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the mTrax Content, all links to or from the Website or the goods and services advertised or referred to on the Website.
▪ Subject to this clause 12, the maximum aggregate liability of mTrax for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
12. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
13. International Use
We make no representation or warranty that any offering or content accessible through the Website, including the mTrax Content, is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
15. Contacting us
o If you have questions about the Website or these Terms, please contact us by clicking on the “Contact Us” button on the Website and following the instructions from there.
Our key technology partners are Calamp – manufacturer and global supplier of a range of trackers and equipment, Meitrack-manufacturer and global supplier of our preferred personal tracker devices, and Melbourne based Step Global an Australian business specialising in innovative GPS & RFID solutions for over 20 years. Step Global is the Australian agent for Calamp and are experts in the positioning and tracking fields. Arvia often partners with Step Global to consult on, design and develop customised solutions that leverage world-class GPS, Iridium & RFID products.
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