Terms and Conditions

BlackOwl GPS (ABN 90 138 328 314)
Terms and Conditions

Introduction

These Terms and Conditions outlined below should be read and fully understood before using BlackOwl GPS's Online Tracking Platform and Mobile Applications. Our system is designed for both individual and commercial applications.

Definitions "Confidential Information" includes all information exchanged between BlackOwl GPS and You, whether in writing, electronically or orally, including our Software, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party. "Data" means any data inputted by you or any users of your smartphone or mobile computing device or any other computer into our Software. "Intellectual Property Right" means any patent, trade mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered. "Software" means BlackOwl GPS’s tracking software available via our Website or any Mobile Application download. "Website" means the Internet site at the domain www.blackowlgps.com.au or any other subdomain/website operated by BlackOwl GPS. “Device” means any GPS tracking device supplied by BlackOwl. "BlackOwl” or “BlackOwl GPS” means the registered business BlackOwl GPS (ABN 90 138 328 314).

Overview
BlackOwl’s Software is an online gps tracking platform, available through a web based platform and Android/iOs Mobile Applications. You understand and agree that Software access is provided on a monthly or other periodical subscription on a per GPS Device basis. An Account will be created by BlackOwl for any individual or organisation that requires access to our Software. The Software and Website is provided on an "as is" and "as available" basis. BlackOwl GPS disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Software. BlackOwl GPS also reserves the right to modify, suspend or discontinue the Software with or without notice at any time and without any liability to you. It is Your responsibility to ensure that Your data is exported to your local personal computer and backed up regularly.

Use of Software
You agree that you are responsible for your own communications, internet connectivity, internet fees and mobile data fees and for any consequences thereof. You agree that you will use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any privacy laws and laws relating to the export of data from your country of business.
You agree that you will not use the Software to upload or distribute any content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or is unlawful, defamatory, abusive, fraudulent, contains viruses, or is objectionable as may be reasonably determined by BlackOwl GPS.
You agree that you will not authorize or encourage any third party to use the Software to upload or distribute any content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or is unlawful, defamatory, abusive, fraudulent, contains viruses, or is objectionable as may be reasonably determined by BlackOwl GPS.
You agree that you will not tamper with or encourage others to tamper with our GPS devices or Software in order to affect the quality of collected data or prevent others from using the Software. 
You agree that will keep safe your online username and password and will not disclose it to others.
You agree that you will use the software in accordance with any instructions provided to you.
You agree that you must maintain all software including antivirus and spyware on all computers, smartphones and mobile computers using the Software and provide a suitable internet connection. 

Software Availability and Support
BlackOwl GPS will aim to provide software availability of >99% uptime. However, BlackOwl will not and cannot be held liable for data loss or lack of access to our Software in the event of maintenance or technical faults. BlackOwl will make all efforts to prevent disruptions to the Software during all hours of the day and during any Software upgrades, however there may be times when the Website and or the Software is inaccessible. BlackOwl GPS is committed to responding to any general or support enquiries at our earliest convenience (normally within 2 hours), however we do not guarantee a response time.

Payment
In return for a monthly or annual fee per user, (at BlackOwl’s discretion) BlackOwl will provide the Software on a per user or per asset basis. You must pre-pay your monthly subscription fees and you must pay this fee regardless of whether you intend to use the software on each day of the pre-paid monthly period. A credit or refund cannot be claimed if you have not used the software during any portion of the prepaid period. Payment is strictly by PayPal, Credit Card (via PayPal) or by other available methods at BlackOwl’s discretion. Billing will commence the day that you place your order and agree to these Terms & Conditions. Billing will continue on an ongoing basis unless cancelled. If you wish to cancel your subscription, please submit your request in writing to info@blackowlgps.com.au and ensure notice is given at least 4 days prior to your next subscription fee being billed otherwise we cannot guarantee this fee will not be billed to you. If you do not pay your subscription fee when due, BlackOwl GPS has the right to terminate your service within 7 calendar days and without warning. You will be charged monthly in advance. All Software remains the property of BlackOwl GPS and you have rights to use the Software and access or retrieve data only when your fees are paid in full.

If we take legal or other collection action against you for non-payment of any charges, we require you to pay all reasonable costs and expenses (including legal costs) of taking that action plus interest and late fees, if applicable.

SIM Card & Network
We will provide you with a SIM card and mobile number for each Device purchased. The SIM card’s Account will be registered to BlackOwl GPS and remains our property. The mobile network provider used will be chosen at BlackOwl’s discretion, based on the Device(s) and services you require. We may recall it for upgrades or modifications or in other exceptional circumstances so that we can continue to provide this service to you. We will recall the SIM card when your Subscription ends.

    We will always try to make the Services available to you. However, there are inherent limitations involved in the supply of services by third parties. Services are only available within the SIM card provider’s coverage area and may be subject to factors outside our control such as the weather technical faults or interference caused by physical obstructions. We make no guarantees for the performance of the mobile network and shall not be held liable for any loss or damage you incur whilst using the network.

    Intellectual Property Rights
    Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of BlackOwl GPS. Intellectual Property Rights in the Data remain your property. You must maintain copies of all Data inputted into the Software. BlackOwl GPS adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. BlackOwl GPS expressly excludes liability for any loss of Data no matter how caused.

    Representations and Warranties
    You acknowledge that you are authorised to use the Software and the Website and to access the information. If You are using the Software and accessing the Website on behalf of or for the benefit of an organisation then BlackOwl GPS will assume that You have the right to do so and that the organisation will be liable for your actions or omissions (including any breach of these Terms). The provision of, access to, and use of, the Software is on an "as is, where is" basis and at your own risk. You expressly acknowledge that due to circumstances often beyond the control of BlackOwl, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone and internet services, the Software may not operate as designed. BlackOwl does not warrant that the use of the Software will be uninterrupted or error free due to the above factors. It is your sole responsibility to determine that the Software meets the needs of your organisation and its use. BlackOwl GPS gives no warranty regarding our Software and Website. Without limiting the foregoing, BlackOwl GPS does not warrant that the Software will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement. You warrant and represent that You are acquiring the right to access and use the Software and agreeing to these Terms and Conditions of this agreement for the purposes and on behalf of a business or organisation and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms.
    Privacy
    Unless the relevant party has the prior written consent of the other or unless required to do so by law: Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms and Conditions. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as stated by these Terms and Conditions. Each party's obligations under this clause will survive termination of these Terms and Conditions. The provisions of the above clauses shall not apply to any information which: Is or becomes public knowledge other than by a breach of this clause; Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; Is independently developed without access to the Confidential Information.

    Limitation of Liability
    To the maximum extent permitted by law, BlackOwl GPS excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software. If You suffer loss or damage as a result of BlackOwl GPS's negligence or failure to comply with these Terms and Conditions, any claim by You against BlackOwl arising from BlackOwl's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the balance of your Account.

    Termination
    Your Account will be automatically terminated if you do not prepay your account within seven (7) calendar days from when the account falls due. If you breach these Terms and Conditions, BlackOwl GPS may at its discretion terminate your use of the Software and the Website and may also suspend for any definite or indefinite period of time, your use of the Software and the website and access to any stored data.
    Entire Agreement

      These Terms and Conditions represent the entire agreement between us in relation to the use of the Website and the Software and supersedes any prior agreement, understanding or arrangement between you and BlackOwl GPS, whether oral or in writing. You may not assign or transfer any rights to any other person without BlackOwl's prior written consent. If any part or provision of these Terms and Conditions is invalid, unenforceable or in conflict with the law, that part or provision of the Terms and Conditions will be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on both parties. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms

      Governing Law and Jurisdiction
      These Terms of Use will be governed by and construed in accordance with the laws of The Commonwealth of Australia in the State of Victoria Any claims, legal proceeding or litigation arising in connection with the Software or website will be brought solely in The State of Victoria Australia, and you consent to the jurisdiction of such courts. These Terms and Conditions apply to the entire content of the website at www.blackowlgps.com.au, and the respective smartphone and mobile applications. By registering and using the website and respective smartphone and mobile applications you agree to and accept these Terms and Conditions of use.