Insight Telematics - Terms and Conditions of Use
1. In these terms and conditions:
1.1. “Authorised Installer” means such person/s as may, from time to time, be approved by Insight Telematics for installation of Vehicle Hardware;
1.2. “Authorised Person” means such person/s as may, from time to time, be authorised by Insight Telematics to sell the GPS Fleet Management Products;
1.3. “Customer” means in relation to GPS Fleet Management Products any person who purchases or otherwise acquires any GPS Fleet Management Products from Insight Telematics or an Authorised Person;
1.4. “Geotab Products“ means any hardware or software developed and/or distributed by Geotab Inc (Canada)
1.5. “GPS Fleet Management Products” means GPS Fleet Management Software and/or Vehicle Hardware and associated firmware;
1.6. “GPS Fleet Management Software” means computer software sold by or on behalf of Insight Telematics and which makes use of satellite technology in providing a fleet management system;
1.7. “PC” means personal computer;
1.8. “Person” means a natural or juristic person;
1.9. “Insight Telematics” means Insight Telematics PTY. LTD. (ABN 39 673 929 710);
1.10. “Vehicle Hardware” means hardware installed or to be installed in a vehicle for use only with the GPS Fleet Management Software, and without which the GPS Fleet Management Software will not operate;
1.11. “Warranty” means the warranty and guarantee by Insight Telematics referred to hereunder.
2. These terms and conditions shall apply to all GPS Fleet Management Products supplied by Insight Telematics or any Authorised Person and shall not be altered, varied, added to or cancelled in any way without the written consent of Insight Telematics.
3. The Warranty: Subject to the Customer complying properly and by due date with all obligations herein imposed on it, Insight Telematics warrants and guarantees to the Customer that the GPS Fleet Management Products purchased by the Customer will, at the date of purchase thereof, free from defects in material and workmanship for a period of 12 (twelve) months from the time of purchase from Insight Telematics or an Authorised Person. This Warranty, which shall not be extended by any repair and/or replacement by or on behalf of Insight Telematics, is in lieu of any other warranty or guarantee express or implied which may otherwise have applied to the GPS Fleet Management Products and all such other warranties or guarantees are expressly excluded. Save for this warranty and any other warranty exclusion or responsibility imposed by statute in any of the states & territories of Australia, the sale of GPS Fleet Management Products shall be deemed to be at the customer’s risk as each product stands. No claim may be submitted under this Warranty later than ten days after the end of the Warranty period.
4. (a)The liability of Insight Telematics in terms of the aforesaid Warranty shall be, at its discretion, to repair or replace any defective GPS Fleet Management Products or components thereof which in the sole opinion of Insight Telematics are defective as a result of defects in workmanship and/or materials. Without in any way intending to limit the generality of the aforegoing, Insight Telematics shall have no liability for loss or damage consequential or otherwise, including damages as a result of loss of information, caused by or arising from operational failure or malfunction of or defect in any GPS Fleet Management Product. Whilst Insight Telematics will use its best endeavours to fulfil orders in a timely manner, it shall not have any liability to the Customer for non-delivery or late delivery of any GPS Fleet Management Products. No order placed by a Customer for any GPS Fleet Management Products shall be binding on Insight Telematics until and unless accepted by Insight Telematics in writing.
(b) Any warranty provided herein (other than warranties imposed by legislation in any of the States or Territories of Australia) shall be dependent on the manufacturer of the products, continuing to trade and provide GPS Fleet Management products to Insight Telematics.
5. Without detracting from any specific exclusions contained herein, failure by the Customer to comply with any of these terms and conditions and/or any changes or modifications made to any GPS Fleet Management Products or any interference therewith, including interference by other programmes used on the PC on which the GPS Fleet Management Software is operated, shall automatically result in termination of the aforesaid Warranty.
6. Nothing contained herein should take precedence over any term or condition imposed or implied by any legislation applicable within any Australian State or Territory.
7. Repairs and/or replacement for which Insight Telematics may be liable in terms hereof shall be done at the premises of Insight Telematics or an Authorised Installer and the Customer shall at its cost be liable to deliver and collect the relevant GPS Fleet Management Products to and from these premises. Insight Telematics or an Authorised Installer may, in its sole discretion, and subject to payment of whatever fee it may request, effect repairs and/or replacement elsewhere.
8. Any repairs and/or replacement carried out by Insight Telematics or an Authorised Installer which are not covered by any Warranty, shall be paid for by the Customer at Insight Telematics’s or an Authorised Installer’s usual charge.
9. The GPS Fleet Management Software shall be installed and operated by the customer on a PC which has the minimum specifications as advised by an Authorised Person, at the time of purchase.
10. The copyright in the Geotab Products is owned by Geotab Inc (Canada); alternatively, Geotab Inc (Canada), has the right to the copyright. In addition to constituting a breach hereof, a breach of the copyright will bring into operation both civil and criminal consequences.
11. The Customer shall pay Insight Telematics a Support license fee, for the term agreed and shown on the Insight Telematics Support Agreement from the commencement date. If the Insight Telematics Support license fee is not paid by the Customer within 30 (thirty) days of the date of Insight Telematics’s invoice, the right of the Customer to use the relevant GPS Fleet Management Software shall automatically lapse and the Customer shall return the GPS Fleet Management Software to Insight Telematics. If the agreement is terminated pursuant to this Clause 11, the Customer must meet payment of all transport costs associated with the return of the software to Insight Telematics and must immediately pay all monies payable under this agreement upon demand by Insight Telematics
12. Vehicle Hardware is installed by the Customer, or by a Customer authorised representative at the cost of the Customer. Insight Telematics shall have no liability as a result of any act or omission on the part of the Installer.
13. The Customer shall be liable for interest at the ruling Prime Overdraft Rate of an Australian Bank of your choice plus 2 % (two per cent), calculated daily in arrears on all overdue amounts. Such payments shall be made free of other charges and commission.
14. If Insight Telematics instructs solicitors and or collection agents to take any action against the Customer to enforce the Customer’s obligations in terms hereof, the Customer shall be liable for all costs incurred by Insight Telematics with its solicitors and or collection agents, calculated on the solicitor and client scale including collection commission of 10 % (ten per cent) of all amounts collected by the said solicitors and or collection agents or, if Insight Telematics has agreed on the costs with its solicitors and or collection agents on the basis upon which they are to be calculated, on the amount so agreed or determined in accordance with the agreement. The Customer shall be liable for such costs once Insight Telematics has instructed solicitors as aforesaid whether legal proceedings are commenced or not.
15. For as long as Insight Telematics complies on due date with all of its obligations in terms hereof, the Customer will receive from Insight Telematics, without charge, GPS Fleet Management Software and map upgrades as and when these become available.
16. These terms and conditions shall be interpreted and enforced according to the laws of the Victoria, Australia.
17. For the purpose of any litigation which either party may wish to instigate arising out of any agreement or terms and conditions herein, the parties agrees to submit to the jurisdiction of the Courts of Victoria, Australia.
18. The following shall be the addresses for the delivery of notices to each of the parties: TO: Insight Telematics 1/6 Carcoola Court, ORMOND, VICTORIA AUSTRALIA 3204.
19. This agreement shall be binding upon and ensure to the benefit of the parties hereto and their respective executors, administrators, successors and assigns.