Terms of Use


AGREEMENT BETWEEN USER AND Procon Telematics Pty Ltd.

1.This website ("Web Site") is comprised of various Web pages owned and operated by Procon Telematics Pty Ltd ("Procon") for the purpose of providing online services for the management of mobile assets ("Services").

2. Your use of the Web Site is subject to your acceptance without modification of the terms, conditions and notices contained herein. By accessing the Website, you agree to be bound by all such terms, conditions and notices. Procon reserves the right to change these terms, conditions, and notices from time to time.

3. The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Procon and Procon is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Procon is not responsible for webcasting or any other form of transmission received from any Linked Site. Procon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Procon of the Linked Sites or any association with its operators.

4. You warrant to Procon that you will not use the Web Site for any purpose other than the Services or any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with use of the Web Site by any other party. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

5. Procon has no obligation to monitor the Web Site. However, Procon reserves the right at all times to review and to remove any materials in its sole discretion.

6. Procon reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

7. Procon does not claim ownership of the data you input or submit to the Web Site or its associated services. However, by posting, uploading, inputting, providing, or submitting your data you are granting Procon, its affiliated companies and necessary sublicensees permission to use your data in connection with the operation of the Web Site, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your data and to publish your name in connection with your data for any purpose connected with the Service.

8. By posting, uploading, inputting, providing or submitting your data you warrant and represent that you own or otherwise control all of the rights to that data including, without limitation, all the rights necessary for you to provide, post, upload, input or submit same.

9. Procon warrants that it will perform its obligations under this Agreement and provide Services with the degree of care, skill and professionalism which would reasonably be expected from an experienced provider of similar services. Procon makes no other warranty under this Agreement except as specifically stated herein. All implied warranties as to Services are hereby specifically disclaimed, including without limitation any implied consumer guarantees and warranties of merchantability or fitness for a particular purpose. You agree that neither Procon nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose of the Services. You agree that no affirmation of fact or statement (whether written or oral) made by Procon, its representatives or any other party outside of this Agreement with respect to the Services shall be deemed to create any express or implied warranty on the part of Procon or its representatives.

10. Procon will use reasonable endeavours to ensure that the Services are available to you at all times and that scheduled outages and maintenance of the Web Site occur outside of business hours. However, Company does not warrant that access to the Services will be uninterrupted, or available when required.

11. Procon shall not be liable to you or any other person for any general, direct, special, incidental, and exemplary, punitive and/or consequential damages in connection with the Services, including, without limitation, loss of profit or revenues, loss of use, loss of data, incorrect or corrupted data, cost of capital, cost of substitute goods, facilities, Services or replacement power, downtime cost, or claims of you for such damages, even if Procon knew of or should have known of the possibility of such damages. Without limiting the foregoing or any other limitation of liability herein (regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise) your exclusive remedy and the total liability of Procon and/or any supplier of services to Procon, including but not limited to any failure or disruption of the Services, shall be limited to payment by Procon of damages in an amount equal to the amount charged to you personally for the Services. Company shall have no liability whatsoever to you for any claims of patent, copyright, or other intellectual property right infringement or misappropriation of trade secrets, made against you incident to the purchase or use of Services.

12. To the maximum extent permitted by law and without limitation to other terms of this agreement, Procon is not liable for:
  (i) any delay in correcting any fault in the Service; or
  (ii) failure or incorrect operation of the Service; or
  (iii) any other delay or default in performance under this Agreement;
caused by an event beyond our reasonable control, including but not limited to war, theft, wilful or accidental damage, sabotage, act of God, industrial action, embargo, delay or failure or default of a Communications Service Provider, failure of or inability to access the GPS network, or any failure of other suppliers of goods or services to us or you.

In no event shall Procon be liable for losses, damages, or claims arising out of your use or attempted use of an emergency service or for your inability to access such service.

13. Procon reserves the right, in its sole discretion, to terminate your access to the Web Site and/or Services or any portion thereof at any time, without notice.

14. To the maximum extent permitted by law, this agreement is governed by the laws of New South Wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of the Web Site and/or Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Procon as a result of this agreement or use of the Web Site. Procon’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Procon’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site and/or Services or information provided to or gathered by Procon with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Procon. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.


Privacy Policy


This Privacy Policy applies to all personal information collected by Procon Telematics Pty Ltd ("Procon", "we", "our", "us") via the websites located at fleetlocate.com.au ("Website") and in the course of our dealings with you ("your") to provide you with products and services.

How to contact us about privacy

Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions about this Policy or if you have a complaint about the privacy of your personal information. You can contact us using the details shown below.

Collection and Purpose

We or people we authorise may collect, process and store personal information you provide in the course of your use of the Website or in the course of carrying on our business and providing products and services to you. In addition, we also collect cookies from your computer or mobile device, which enable us to tell when you use the Website and also to help customise your website experience.

The personal information we collect may include your name, date of birth, address and other contact details, Internet Protocol (IP) address, the device used by you to access the Website, and other information relating to your dealings with Procon.

The purpose for which we collect personal information is to identify you, provide you with the best service experience possible and in order to carry on our business and provide products and services to you. Financial information that we collect is used by us to bill you for products and services. Any financial information that is collected is for the purpose of transaction approval and billing. Vehicle monitoring and tracking information is collected for security of vehicles, provision of products and services, or billing purposes.

Disclosure

We may use or disclose personal information for the primary purpose for which it is collected (e.g. the provision of our services, including administration and billing, notification to you about changes to our services, record-keeping following termination of our services to you and technical maintenance). We may also use and disclose such information for a purpose related to the primary purpose of collection and where you would reasonably expect that we would use the information in such a way. This may also include the use of your personal information to understand your needs and improve our products and services through research, product development and training.

In addition we are permitted to use or disclose personal information as required or authorised by law, or to prevent or investigate suspected unlawful activity, or where you have consented to the disclosure.

This personal information is only disclosed to third parties outside our business either in circumstances where you have provided express or implied consent, or in confidence, or otherwise where the use or disclosure is authorised or required under Australian law or court/tribunal order.

Access and Correction

You are permitted to access and correct the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us using the details set out in this Policy. For some detailed requests we may charge a fee to cover retrieval costs. There may be some situations where we might not be able to provide some of your personal information. If that occurs, we will provide you with reasons.

Security

We will endeavour to take all reasonable steps to keep any personal information we collect in relation to you secured. We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.

No data transmission over the internet can be guaranteed to be completely secure. As a result, while we strive to protect users' personal information, we cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and users do so at their own risk. Once we receive your transmission, we take reasonable steps to ensure its security on our systems. However, except to the extent that liability cannot be excluded by statute, we exclude all liability (including in negligence) for the consequences of unauthorised access to your personal information.

You are responsible for keeping any passwords and/or account information secret but please contact us if you become aware of any security breach.

Acceptance

You accept that your use of this Website includes your acceptance of this Privacy Policy and the Website Terms of Use in force as at that time and subject to change from time to time at our discretion

Contact

Please direct any queries about this Privacy Policy or complaints at first instance to our Privacy Officer:

- at info@proconmrm.com.au; or
- by post to PO Box 1377 Double Bay NSW 1360.

We take complaints seriously and our Privacy Officer will endeavour to respond within 30 days and will work with you to seek to resolve your complaint in a timely manner. As part of this process we may request that you provide us with further relevant information. In the event that you remain dissatisfied, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au or GPO Box 5218 Sydney NSW 2001 or 1300 363 992.