By using the AVS Tracking (also referred to as AVS GPS Tracking) services or any other Import Distribution Limited (“IDL”,“we”, “us”) product or service the user of the Services (“you”, “your”) acknowledge that you have read and understood these Terms of Service (“Terms”) and agree to be legally bound by them.
1.1 For the purposes of these Terms, “Services” means the vehicle location and tracking services provided via the AVS Tracking device and the Website, including the provision to you of access to the Website, text alerts pursuant to a Fair Use Policy and the monthly data used by the AVS Tracking device, and “Website” means the AVS Tracking websites under the domain names www.avstracking.com, www.avsgpstracking.com and any other website operated by IDL.
1.2 You must use the AVS Tracking device in accordance with IDL’s standard settings and must comply with IDL’s directions regarding use of the AVS Tracking device, the Website and the Services.
1.3 You must use the AVS Tracking device, the data SIM card and the Services for their intended purpose and not for any other purpose.
1.4 You must not use the AVS Tracking system to track any person or their assets without informing them. This applies to, but is not limited to, activities such as tracking a spouse or covert operations.
1.5 The data SIM card supplied by IDL as part of the AVS Tracking device remains the property of IDL at all times. No person, except IDL or any of IDL’s authorised resellers and installers, may remove the data SIM card from the hardware. The data SIM card must be used in accordance with the Services and must not be used for any other purpose.
1.6 You must not use the Services in any way that may impair the functionality of the Services, the Website, the AVS Tracking device or the data SIM card.
1.7 You are liable to IDL for any loss incurred by IDL arising from any unauthorised usage by you of the Services, the Website, the AVS Tracking device or the data SIM and you acknowledge that, in the event of any such unauthorised usage, IDL may immediately suspend, restrict or terminate your access to the Services.
2. Password protected access
2.1. When you register with us, IDL will provide you with a username and password that allows you access to the Website and the Services. We recommend the password is changed by you to help protect your data.
2.2. Unless you advise us otherwise and we acknowledge receipt of that notification, then you acknowledge that every act or omission or transaction undertaken using your username and password is fully authorised by you.
2.3. It is your responsibility to keep secure and maintain the confidentiality of your username, password and account access information and to distribute it in a controlled manner within your business or to family members, and to advise IDL immediately in writing if you believe the integrity of your security and account access has been compromised.
2.4. It is your responsibility to regularly access your AVS Tracking account and ensure your tracker/s are active and recording tracking history. If a tracker is not online please contact us as soon as possible during business hours.
2.5. You are responsible for the consequences of any unauthorised use of your username and password.
2.6 You must notify IDL of any unauthorised use of your username and passwords, unauthorised possession of or access to the AVS Tracking device, the data SIM card or the Services or any other breach of security.
2.7. If you have lost your login details please contact us during business hours. If you changed your password when the AVS Tracking device was installed it is your responsibility to securely retain those details. If you have lost it then a new AVS Tracking account may need to be set up and you will lose the tracking data from your old account and you will be charged an administration fee.
3. Payment terms and Service Fee
3.1. The Service Fee is payable per device and gives you access to the Services. It is your responsibility to regularly access your account and ensure your tracker/s is/are active and recording tracking history.
3.2. The Service Fee is to be debited in advance from your account, if paying by Direct Debit, on the first business day of each month, or, if paying by credit card, on the first day of the month.
3.3. If the Service Fee payment is not received on the due date we will attempt to re-submit the payment and if the Service Fee payment is again not received we will attempt to contact you by phone or email to inform you of the situation. We can, without prejudice to any other rights or remedies we have, block access to your account, terminate your account or restrict your use of all or any of the Services without giving you prior notice. If we suspend or block access to your account and/or the Services, all charges will continue to apply. If we terminate your account and/or cease provision of the Services no further data is recorded and you will lose all historical data. If you elect to reconnect the account and/or the Services, you will be charged a reconnection fee and we reserve the right to request the Service Fee payment in advance for the year. All outstanding amounts will need to be paid before reconnection.
3.4. If there is an outstanding balance for any product or Service on your account we reserve the right to debit that amount by your nominated Direct Debit account or credit card, provided that we give you notice that we will be debiting the amount.
3.5 IDL will charge you for any loss incurred by IDL for any unauthorised use by you of your username and passwords, the Website, the AVS Tracking device, the data SIM card or any of the Services. Unauthorised use of the data SIM will be charged at IDL’s standard excess data rate, currently 15c per MB.
4. Fair Use Policy for text alerts
4.1. The monthly Service Fee includes text alerts sent from your AVS Tracking devices under a Fair Use Policy. We have developed our Fair Use Policy by referencing average customer usage and customer profiles.
4.2. If, pursuant to IDL’s Fair Use Policy, your usage is excessive and/or unreasonable IDL may contact you to advise you that your usage is in breach of IDL’s Fair Use Policy and may then request that you stop or alter your usage to come within IDL’s Fair Use Policy.
4.3. If your excessive or unreasonable usage continues 7 days after a request to stop or alter the nature of such usage, you authorise IDL to, without notice, charge your Direct Debit or credit card for the excessive and/or unreasonable element of your usage and/or suspend, modify or restrict your use of the Services or withdraw your access to the Services or your account.
5.1. IDL reserves the right to terminate or block access to the Service immediately if you fail to comply with any of these Terms or if IDL ceases to supply any Services to you. If we block or terminate your use of any Services, you will be liable to pay IDL any disconnection related charges and monthly Service Fees related to the Services.
5.2. You may discontinue your use of any of our Services by giving IDL 30 days written notice of cancellation.
6.1. By applying for the Services you authorise IDL to make credit and other enquiries about you in accordance with IDL’s Terms and Conditions of Sale.
6.2. You authorise IDL to collect personal information about you for the purposes of registering to use the Services, your use of IDL’s products and Services and your visits to IDL’s websites.
6.3. When you register with us we ask for personal information to set up your account. Once you have registered with us and subscribed to our products and Services you are no longer anonymous to us.
6.4. We may disclose your personal information to employees or authorised subcontractors, resellers or representatives who we believe reasonably need to come into contact with that information in order to provide Services to you or in order to fulfil their role.
6.5 We may disclose your personal information to persons to whom we may be required to do so by reason of legal, government or regulatory authority including law enforcement agencies.
6.6. You authorise us to use personal information about you to do market research and statistical analysis. You acknowledge our right to use as we see fit any general marketing or other intelligence which we have gathered as a result of your use of our Services.
7. Limitation of liability
7.1. It is your responsibility to regularly access your AVS Tracking account and ensure your tracker/s are active and recording tracking history. The Service Fee gives you access to AVS Tracking to monitor your own tracker/s. We do not monitor your account for you. If a tracker is not online please contact us as soon as possible during business hours. You are responsible for any consequences arising from your tracker/s being offline.
7.2. Without limiting any provision of IDL’s Terms and Conditions of Sale, you agree that any and all liability and responsibility of IDL (including our officers, employees, authorised subcontractors, resellers or representatives) as a result of or arising from your use or any third party’s use of our Website and our products and Services is excluded to the maximum extent permitted by law. IDL (nor our officers, employees, authorised subcontractors, resellers or representatives) is not liable for any loss or damage of any kind whatsoever suffered by you by reason of any breach of any of IDL’s obligations under these Terms or otherwise or in tort (including negligence) or otherwise, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of any business or contract or failure to realise expected profits or savings, or for any consequential, special or indirect loss including, without limitation, any loss arising out of or relating to the use or inability to use any Website or Service related thereto or arising out of corruption of data or programmes or service interruptions or delay in procurement of substitute services.
7.3. IDL will use all reasonable commercial effort to ensure the general availability of our products and services and will restore Services as soon as reasonably possible in the event of any interruption. However, IDL does not warrant our products or Services will operate on a continuous or error free basis, or at any particular time or location, or be secure or private. IDL takes no responsibility for and has no liability for any unavailability of its products and Services or any corruption or loss of data or transmission of viruses or losses relating to these events. In particular and without limiting the foregoing, IDL is not liable for any events which are outside IDL’s reasonable control including, without limitation, communications and hardware failures relating to our Websites and Services.
7.4 If, despite clauses 7.2 and 7.3, IDL is proven to be liable to you for any loss or damage under these Terms, that liability will not exceed the monthly Service Fee actually paid by you in the six month period before the liability arose.
7.5. Although we will maintain best endeavours to keep our Website and its content up to date and accurate, we do not represent or warrant that all content displayed on our Website is up to date or accurate at all times.
8. Subcontractors and agents
8.1. IDL may use resellers, subcontractors and representatives to provide products or Services to you. We will not be liable to you, or anyone claiming through you, for the direct or indirect consequences of any failure or default by any such agent.
8.2. We may use external technical, operational, promotional or other outsourced providers to sell, install, support or facilitate the supply or goods and Services to you and you authorise us to disclose your personal information to such providers. We use commercially reasonable diligence to restrict the purposes for which these outsourcing providers may use your personally identifiable information. Although we use good faith to impose and ensure compliance we cannot, and will not, be responsible to users for misuse of personally identifiable information by such outsourcing providers.
9.1. You will immediately inform us of any change in your name, ownership, address or any other contact information.
9.2. IDL deems presentation of a vehicle and/or any request for goods or Services from IDL to be made by the lawful owner or a bona fide representative or agent. We accept no responsibility for incorrect representations including all subsequent data and information provided within our goods or services. This includes but is not limited to use of data and information provided within our goods and services to third party entities for the purpose of calculating Road User Charges or any other calculation.
9.3. You will indemnify us for all liabilities, claims, losses, damages, costs or expenses resulting from any claim or action by a third party in relation to the goods or services we provide.
9.4. IDL may at any time assign its rights or interests, or any part of them, or transfer its obligations or any part of them, to any person.
9.5. IDL may amend these Terms in any manner and at any time. Up to date Terms are available on our websites or by request and by continuing to access the Services, you acknowledge and accept any amendments to the Terms.
9.6. By agreeing to these terms of service you also agree to IDL’s Terms and Conditions of Sale, as amended from time to time. Up to date Terms are available on our websites or by request.