Terms of Use


Last updated: 4th May 2022

These Terms of Use (“Terms”) applies to all products and services provided by Procon Telematics Pty Ltd ("Procon", "we", "our", "us") via the websites located at fleetlocate.com.au ("Website") or in the course of our dealings with you ("you") to provide you with products and services.

1.The Web Site is owned and operated by Procon Telematics Pty Limited (ACN 145 936 661) of Level 2, 159 High Street Prahran, Victoria for the purpose of providing online reporting services for the management of mobile assets ("Online Services").

2. Your use of the Web Site signifies your acceptance of and agreement with these Terms, in the form they are published on the Web Site from time to time.

3. You warrant to Procon that you will not use the Web Site for any purpose other than accessing the Online Services or for 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.

4. Procon warrants that it will perform its obligations under these Terms 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 these Terms except as specifically stated herein.

5. 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.

6. Procon will use reasonable endeavours to ensure that the Online Services are available to you at all times and that scheduled outages and maintenance of the Web Site occur outside of business hours. However, you acknowledge that delivery of the Online Services has multiple dependencies outside Procon’s control (including without limitation the examples listed in Schedule 1 – Dependencies below) and that Procon is unable to warrant that Online Services will function without interruption or delay. Online Services must not be relied upon to the exclusion of other safety aids. Alerts must be used in conjunction with other processes to enhance the timely notification of emergencies and events. You agree that meeting safety standards is your sole responsibility. 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.

7. Certain Online Services require links to third party sites that are not related to Procon and over which Procon has no control (“Linked Sites”). You acknowledge and agree that Procon is not responsible for any aspect of Linked Sites, including without limitation their content, accuracy, timeliness, legality, copyright compliance, quality, or that of any link contained within them. 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 Site or any association with its operators.

8. Procon does not warrant that the Web Site or Linked Sites will be error free, or that defects will be corrected on a timely basis, or that there will be no technical problems which interfere with or delay Online Services – they are provided “as is” and “as available” and on condition that you accept all responsibility for assessing the accuracy of the content and rely upon it at your own risk.

9. Procon has no obligation to monitor the Web Site or the accuracy of its contents. However, Procon reserves the right at all times to review and to remove any contents or Linked Sites in its sole discretion.

10. All implied warranties as to Online 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 Online 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 Online Services shall be deemed to create any express or implied warranty on the part of Procon or its representatives.

11. Procon shall not be liable to you or any other person or legal entity for any general, direct, special, incidental, and exemplary, punitive and/or consequential damages in connection with the Online 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 made 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 Online Services, shall be limited to payment by Procon of damages in an amount equal to the amount charged to you personally for the Online 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 incidental to the purchase or use of Online 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 Online Service;
  (ii) failure or incorrect operation of the Service; or
  (iii) any other delay or default in performance under these Terms;
caused by an event beyond its reasonable control, including but not limited to war, theft, plague, wilful or accidental damage, sabotage, act of God, industrial action, embargo, failure of or inability to access the GPS network, or any failure by other suppliers of goods or services upon which the Online Services depend.

13. Procon reserves the right, in its sole discretion, to limit, interrupt, suspend or terminate your access to the Web Site:
  (a) or both scheduled and emergency updates, maintenance and repairs;
  (b) if Procon suspects that either the security or performance of the Services has been compromised;
  (c) if you are in breach of these Terms of Use or our Terms of Trade.

14. All intellectual property rights in the Web Site belongs to Procon, its affiliates or licensors. You obtain no interest in these rights and you may not do anything which impinges on, interferes with or breaches these rights.

15. 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.

16.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.

17. 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.

18. 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.

Schedule – Service Dependencies

The limitations of Online Services include, without limitation:

Category Ref ID Area Limitation
Telematics Device*
1.1 Location Accuracy

Accuracy of location may be compromised in the event of, but not limited to, the following:

  • Loss or deterioration of GPS signal.
  • Loss of power to the Telematics Device.
  • Loss of ignition signal to the Telematics Device.
  • Loss of Cellular Network Coverage.
  • Hardware failure.
1.2 Speed Accuracy

Accuracy of speed may be compromised in the event of, but not limited to, the following:

  • Loss or deterioration of GPS signal.
  • Posted Speed Limit data is supplied by a third party SpeedGuage. The speed limit data provided is not real-time and may be estimated, inaccurate, incomplete, and/or outdated. You may report inaccuracies which can then be investigated.
1.3 Reporting - Cellular Network

Transmission of data will be delayed if Device is out of Cellular network coverage. Data registered while device is out of cellular coverage will be stored on the device, and forwarded to the server when device is back in network coverage.

While it is expected that there will be no loss of data, it is possible for data to be lost if device has been operating in area without Cellular coverage for “Extended” period of time. The device internal storage has a limit of 20,000 records, after which it will start discarding the oldest record. This equates to approximately 160 hours of Ignition ON duration.

1.4 Reporting - Satellite Network

Transmission of data will be delayed if Device is out of Cellular network coverage. Data registered while device is out of cellular coverage will be stored on the device, and forwarded to the server when device is back in network coverage.

  • Ignition ON.
  • Ignition OFF.
  • Alerts triggered by both In-Vehicle Panic Button and Lone Worker Pendant.
  • Extreme G Force detected by Accelerometer.
  • Possible Roll Over detected by Accelerometer.
  • Daily Heartbeat.
In-Vehicle Panic Button 2.1 Operation

Alert may be delayed or fail to be registered in the event of, but not limited to, the following:

  • Device has lost power.
  • Device is out of both cellular & satellite coverage.
  • Hardware failure.
Lone Worker Pendant
3.1 Operation

Alert may be delayed or fail to be registered in the event of, but not limited to, the following:

  • Device has lost power.
  • Device is out of both cellular & satellite coverage.
  • Hardware failure.
  • Lone Worker Remote battery is flat.
  • Lone Worker Remote is triggered either outside 100 meters of range, or in area with substantial interference.
  • Lone Worker Remote is used in a vehicle other than the vehicle to which it is allocated.
3.2 Battery

As the lone worker remote does not have battery level indicator or low battery alert, it is important for users to check the battery status at least once a month. Failure to do so may result in the Lone Worker Remote not operating as expected.

3.3 Range

It is possible for the lone worker remote to fail to trigger in areas with substantial interference, even if it is within 100 meters range.

3.4 Vehicle Allocation

Lone worker Pendant will only operate in conjunction with the vehicle to which it is allocated. It is important that users are instructed accordingly. Failure to do so will result in the Lone Worker Remote not operating.

Accelerometer
4.1 Extreme G Force

As the Device is not designed to be an Accident Management System, it is important to note the following:

  • Telematics based systems for recognising Extreme G-Force Events are only up to 60% accurate. False positives can be generated or impacts not registered due to a number of factors that prevent the device registering a g-force such as the crumple zone softening the impact in the cab.
  • An Extreme G force incident may not always be registered during an impact event.
  • Registration of an Extreme G Force may not always indicate an impact has occurred.
  • Users should not rely solely on the Telematics Device for Accident Detection.
4.2 Possible Roll Over

As the Telematic Device is not designed to be an Accident Management System, it is important to note the following:

  • An Extreme G force incident may not always be registered during an impact event.
  • Registration of an Extreme G Force may not always indicate an impact has occurred.
  • Users should not rely solely on the Telematics Device for Accident Detection.
Speed Gauge 5.1

Speed Limit data is supplied by a third party SpeedGuage. The speed limit data provided is not real-time and may be estimated, inaccurate, incomplete, and/or outdated. You may report inaccuracies which can then be investigated.

These Alerts are raised when a vehicle exceeds the posted speed of a given road. We use a third party to compare vehicle speed against their database of Posted Speed Limits. The database references map data provided by Google, Here Maps, etc, as well as ‘Crowd Sourced’ updates, to provide the most accurate and recent speed limit data available. The accuracy of posted speed data depends on the data available to the service via the available channels. It is recommended to not act on these alerts without verifying the actual posted speed at the time of the event. When an alert is raised due to an incorrect speed limit, an update request can be submitted to ensure that it will not be repeated in the future.

CrashBoxx(Crash Detection)
6.1 Crash Detection

CrashBoxxx is a machine learning based algorithm that interprets accelerometer data from the Telematics Hardware in the vehicle. It checks the data against millions of other historic events to determine the likelihood that the accelerometer data represents a vehicle collision, and then can provide secondary data on the confirmed collision (e.g. vector and severity). A failsafe check is performed by first checking the data on the Telematics Hardware itself, and then forwarding any “possible crash detected” data to the CrashBoxx Cloud Server for confirmation validation. If the event passes both checks, then a crash alert is created.

6.2 Limitations

The functionality of CrashBoxx is subject to the following limitations.

  • Device must be within Cellular Network coverage.
  • Device must be connected to constant power (in most cases, from the vehicle battery).
  • Device must be rigidly mounted.
  • There must have been a change in speed of at least 8km/h at the time of the crash.
  • In the event when power has been disconnected from, and reconnected to the device, the vehicle must be driven for at least 5km in an area with clear view of the sky, before CrashBoxx Alert becomes operational again.
ProView

ProView is only meant to aid and augment the driver’s own skill and attention when driving on the road. Its primary function is to alert the driver to certain things and does not replace the need for the driver to be attentive to the surrounding traffic conditions and drive in a legal and responsible manner without any distraction of any sort.

It is expected that drivers do not rely on ProView warnings as a substitute for their own judgement and attention.

Certain features may not work in situations such as: (a) where visibility is challenging due to prevailing weather and lighting conditions; (b) lanes not being clearly marked or visible; (c) faces fully or partially covered by occlusions such as hats, sunglasses, facial hair, etc.; (d) when the vehicle is following a vehicle other than cars/buses/trucks; (e) when the camera's field of view is occluded by anything; (f) degradation of Wi-Fi connection between camera and mobile device; and/or (g) changes in camera orientation post-installation.

Save as otherwise expressly provided in these Terms of Use, under no circumstances will Procon or its associates be responsible for any kind of damages or liabilities that arise on account of your utilization of the Services.


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 may collect, process and store personal information you provide in the course of your use of the Website. We also collect cookies from your computer or mobile device, which enable us to tell when you use the Website and also to help us 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 corporate role.

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 and, where relevant, your employer. Financial information that we collect is used by us to bill 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.

Procon does not claim ownership of the data you input or submit to the Web Site or its associated services. By posting, uploading, inputting, providing, or submitting your data you are granting Procon, its affiliated companies and necessary sublicensees:
a. a limited right to access, copy, store, transmit, and use End-User Data for the purpose of providing the Services, and to access, process and/or use anonymized and aggregated versions of such data for the purposes of improving and/or enhancing Services; and
b. a worldwide, exclusive, fully paid, transferable license to use, disclose, repurpose, transmit, and manipulate the Processed Data generated by or related to your use of the Service; provided, however, that any Processed Data has been anonymized to the extent that it is not identifiable to a specific customer, vehicle, or driver.

For purposes of this clause:
“End-User Data” is defined as data sourced from or otherwise concerns vehicles, drivers or our customers, whether or not such data is stored and/or transmitted to or through any in-vehicle hardware or software; provided, however, that such data is not Processed Data.
“Processed Data” is defined as data that is associated with the existence of things in the environment and captured, recorded, or perceived by any in-vehicle hardware (including, but not limited to, traffic signage, traffic density and road conditions), and any reports, analytics, videos, scorecards, and other data generated by us in providing the Service, but expressly excludes any data or information that may identify a specific vehicle , driver or customer.

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:

by emailing info@proconmrm.com.au or by post to Level 2, 155 High Street Prahan Vic., 3181

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.