Terms of Use

These Terms apply to the use of BlackOwl GPS tracking hardware, software, subscriptions, SIM cards, accessories, support, websites and related services.

By purchasing, activating, accessing or using our Hardware, Software, SIM cards, subscriptions or Services, you agree to these Terms. If you are using the Services on behalf of a business, company, organisation or other entity, you confirm that you have authority to bind that entity to these Terms.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

Company details

Company: MEO Technologies Pty Ltd

Trading as: BlackOwl GPS

ACN: 650 206 438

ABN: 53 650 206 438

1. Definitions

In these Terms:

  • BlackOwl, we, us or our means MEO Technologies Pty Ltd trading as BlackOwl GPS.
  • Client, you or your means any individual, business, organisation or other entity that purchases, activates, accesses or uses our Hardware, Software or Services.
  • Hardware means any GPS tracker, accessory, cable, harness, SIM card or other physical product supplied by us.
  • Device means any GPS tracking device supplied by us.
  • Software means the BlackOwl GPS tracking platform, mobile applications, web portal, integrations and related digital services.
  • Services means the Hardware, Software, subscriptions, SIM connectivity, support, websites, alerts, reports, commands and related services supplied or arranged by us.
  • SIM means a SIM card, eSIM profile or connectivity service supplied or arranged by us for use with a Device.
  • Lease Agreement means any separate lease agreement, fleet tracking lease agreement, quote, order form or other written agreement relating to leased Hardware.

2. Updates to these Terms

We may update these Terms from time to time. Where a change materially affects your rights, obligations, fees, service access or cancellation rights, we will take reasonable steps to notify you before or when the change takes effect.

Your continued use of the Services after the effective date of updated Terms will constitute acceptance of the updated Terms.

3. Lawful use and authority to track

You are solely responsible for ensuring you have the legal right, authority and consent required to install, activate, access or monitor any Device or tracked asset.

This includes compliance with privacy, workplace surveillance, surveillance devices, employment, vehicle ownership, family law, transport, industry specific and any other applicable laws in each relevant state, territory or country.

You must not use the Services for unlawful, unsafe, malicious, deceptive, harassing, stalking, unauthorised or abusive purposes.

You must ensure that any employee, contractor, driver, customer, family member or other person affected by tracking is properly notified and, where required, has provided valid consent.

We may suspend or terminate access where we reasonably suspect the Services are being used unlawfully, without authority, or in a way that may expose us, you or another person to legal, safety, privacy, security or reputational risk.

4. Account and subscription access

Access to the tracking platform requires an active paid subscription unless we have expressly agreed otherwise in writing.

You are responsible for keeping your account login details secure. You must not share account access with unauthorised users or allow any person to access tracking data where they do not have proper authority.

You are responsible for all activity that occurs under your account, including actions taken by your employees, contractors, administrators or other authorised users.

You must notify us promptly if you become aware of unauthorised access, suspected misuse, incorrect account access, compromised login details or any privacy or security incident relating to the Services.

5. Payments, renewals and failed payments

Fees are payable in advance unless we agree otherwise in writing. Prices are in Australian dollars and include GST unless stated otherwise.

Subscriptions may renew automatically according to the billing cycle selected or agreed at the time of purchase, activation or renewal.

You authorise us or our payment processor to charge the payment method provided for subscriptions, renewals, reactivations, approved add-ons, lease payments, replacement fees, late fees and other amounts payable under these Terms or any applicable agreement.

If a payment fails, is reversed, is disputed, is charged back or remains overdue, we may suspend or restrict Services until all outstanding amounts are paid. You remain liable for all unpaid amounts.

For leased Hardware, a late payment fee of $25 may apply to each late lease payment, unless prohibited by law or varied in the applicable Lease Agreement.

We may change subscription pricing by giving reasonable notice. If you do not accept a price change, you may cancel the affected subscription before the new price applies, subject to any minimum term, lease or other written agreement.

6. Cancellation, pausing and reactivation

Cancellation requests must be submitted in writing at least 48 hours before the next billing date. If cancellation is requested after this period, the next billing cycle may still be charged.

Unless required by law or expressly agreed by us in writing, prepaid monthly, annual or other fixed period fees are not refundable for change of mind, non-use, accidental renewal, sale of an asset, change of circumstances or failure to cancel in time.

Services may be paused for up to 6 months where we agree to pause them. After this period, the SIM may be cancelled and a replacement SIM may be required to resume service.

Once a subscription is cancelled, the SIM may be permanently deactivated and may not be capable of being reused. A replacement SIM can be issued for $25, including the first month of service, unless we advise otherwise.

Cancellation, pausing or suspension of a tracking subscription does not cancel any separate Lease Agreement, minimum term, hardware repayment, outstanding invoice, replacement fee or other amount payable to us.

You are responsible for exporting any reports or records you require before cancellation. After cancellation, suspension or termination, access to tracking history and account data may be removed.

7. Purchased Hardware and leased Hardware

Purchased Hardware becomes your property once paid in full, subject to these Terms and any rights we retain in the Software, firmware, SIM cards, configuration, intellectual property and network services.

Leased Hardware remains the property of BlackOwl at all times and is not lease-to-own unless expressly agreed by us in writing.

Clients who lease tracking equipment from BlackOwl must also comply with the Lease Agreement available at https://www.blackowlgps.com.au/pages/fleet-tracking-lease-agreement.

These Terms apply together with the Lease Agreement. If there is an inconsistency, the Lease Agreement applies to lease specific matters.

You must return leased Hardware when required under the applicable Lease Agreement. If leased Hardware is lost, damaged, tampered with, not returned or returned incomplete, replacement fees may apply.

Unless varied in your Lease Agreement, replacement fees for lost, damaged or unreturned leased items are:

  • Hardwired Device: $250
  • Hardwired OBD2 harness: $50
  • Hardwired cigarette lighter harness: $50
  • OBD2 Device: $250
  • OBD2 extension cable: $25
  • Portable Small Device: $250
  • Portable Large Device: $300

8. SIM cards, connectivity and overseas use

SIMs remain the property of BlackOwl or our connectivity supplier and are provided only for approved use in the Device and Services supplied by us.

You must not remove, transfer, resell, modify, clone, tamper with or use a SIM in any other device or for any unrelated calls, messages, data, services or purpose.

Any SIM misuse may result in immediate suspension or cancellation. You are liable for all costs, charges, losses, investigation costs and administrative costs arising from SIM misuse.

Older Telstra based SIMs used in some earlier tracker models sold before 2021 are designed for use within Australia and may not be used overseas without written permission from us.

Newer SIMs may support international roaming in many countries, depending on device compatibility, network availability, roaming arrangements and local conditions. We do not guarantee overseas coverage, connectivity or performance.

Additional charges may apply for international use, excessive use or unauthorised use.

9. Installation and ongoing checks

Unless installation is performed directly by us, you are responsible for ensuring Devices are installed correctly, safely and in accordance with our instructions, vehicle requirements, manufacturer requirements and applicable laws.

We are not responsible for faults, damage, battery drain, electrical issues, poor GPS reception, poor mobile reception, loss of tracking, inaccurate reporting or vehicle issues caused by incorrect installation, poor placement, wiring faults, third-party installers, unauthorised modifications, tampering or environmental factors.

You are responsible for checking that each Device is online, reporting correctly and suitable for your intended use after installation, after service reactivation, after vehicle works, after battery replacement, after software or firmware changes, and periodically during use.

You must notify us promptly if a Device appears offline, inaccurate, damaged, tampered with, moved, removed or not reporting as expected.

10. Tracking performance, alerts and commands

GPS tracking is an aid only. It does not prevent theft, guarantee recovery, guarantee live location access, guarantee uninterrupted monitoring or replace insurance, locks, alarms, immobilisers, safe storage, driver management, site procedures or other security measures.

Tracking performance may vary due to GPS signal, mobile network signal, roaming availability, buildings, garages, terrain, weather, interference, vehicle movement, battery state, installation location, antenna position, hardware condition, user settings, platform settings, firmware, software, third-party services or other factors outside our control.

Real-time tracking relies on active network connectivity, GPS availability, a functioning Device, an active subscription, correct installation and third-party systems that may not be controlled by us.

Alerts, notifications, reports and commands are not guaranteed to be instant, uninterrupted or error-free. Delivery may be delayed, blocked, missed or fail due to mobile networks, GPS reception, device state, app settings, email services, SMS services, user settings, platform settings, third-party providers or other factors outside our control.

Any supported Device command, including configuration changes, app commands, platform commands, network commands or SMS commands, is used at your own risk. Commands may be delayed, fail, be rejected or only take effect when the Device is online and able to receive instructions.

You are responsible for ensuring any command is lawful, safe and appropriate before sending it.

11. Safety critical use and restricted applications

The Services are not designed, supplied or approved as safety critical systems, emergency systems, life support systems, aviation systems, rail systems, marine navigation systems, defence systems, transport control systems, autonomous vehicle systems, vehicle safety systems, critical infrastructure systems or any system where failure may create a risk of death, personal injury, property damage, environmental damage or major operational disruption.

You must not use the Hardware, Software or Services as a critical component of the functioning, performance, control or safety of motor vehicles, aircraft, locomotives, watercraft, hovercraft, lifting equipment, industrial equipment, defence systems, transport controls or any similar high risk application unless we expressly agree in writing.

You must not represent to any person that our Services are suitable for safety critical, emergency, life preservation, asset recovery guarantee, insurance replacement or regulatory compliance purposes unless we have expressly agreed in writing.

12. Software and server availability

We aim for greater than 99.5% uptime, but we do not guarantee uninterrupted access to the Software or Services.

Scheduled maintenance may occur between 12:00am and 4:00am Melbourne time to minimise disruption. Where practical, notice of extended planned outages will be provided in advance.

Access may be interrupted by maintenance, upgrades, cyber incidents, network failures, provider outages, software faults, data centre issues, internet disruption, mobile network disruption, third-party integrations, force majeure events or other factors outside our control.

To the maximum extent permitted by law, we are not liable for downtime, service disruption, delayed data, missing data, platform errors, app errors, map errors or data loss.

13. Data, privacy and disclosure

Tracking history is generally stored for up to 12 months, although storage periods may vary depending on platform settings, subscription status, system changes, technical limitations or operational requirements.

Our collection, storage, use and handling of personal information is described in our Privacy Policy. You must ensure that your use of the Services complies with all applicable privacy, surveillance and employment laws.

You are responsible for ensuring any drivers, employees, contractors, customers, family members or other affected persons are properly notified and, where required, have given valid consent to the collection and use of location, vehicle, driver and related tracking data.

We do not sell your personal or tracking data. Limited access may be provided to trusted operational partners, suppliers, contractors or platform providers where reasonably necessary to provide, support, maintain, troubleshoot, secure or improve the Services.

We may disclose account, tracking, location or related data to law enforcement, courts, regulators, insurers, emergency services or other authorities where legally required, where reasonably necessary to protect rights or safety, or where we reasonably believe disclosure is permitted by law.

You are responsible for exporting and retaining any reports, records, journey history, compliance records or other data you require. We are not required to retain, export or restore data after cancellation, suspension or termination except where required by law.

14. Product information, compatibility and third-party services

We take reasonable care to provide accurate product information, but specifications, compatibility, coverage, features, apps, integrations, networks, accessories, reporting intervals and platform functionality may change over time.

You are responsible for confirming that any Hardware, Software or Service is suitable for your intended vehicle, asset, installation method, location, industry, use case and legal obligations before purchase or activation.

The Services may rely on third-party hardware manufacturers, firmware, mobile networks, SIM providers, app stores, mapping providers, hosting providers, software platforms, payment processors, email providers, SMS providers and other third-party services. We are not responsible for failures, delays, changes, discontinuation, restrictions or errors caused by third-party services.

15. Product safety, tampering and misuse

You must use the Hardware and Services only as instructed and only for their intended purpose.

You must not open, modify, reverse engineer, tamper with, damage, interfere with, bypass, reprogram, resell, rebrand, clone or misuse any Hardware, SIM, firmware, Software or Service unless we have expressly authorised this in writing.

You must not use damaged Hardware, unsafe wiring, unsuitable power sources, unauthorised batteries, unauthorised accessories or incorrect installation methods.

You must notify us promptly of any safety issue, overheating, physical damage, suspected fault, installation issue, product incident, tampering, recall notice or other matter that may affect safe operation.

16. Warranties and Australian Consumer Law

Our goods and services may come with guarantees, rights and remedies under the Australian Consumer Law that cannot be excluded, restricted or modified.

Subject to any non-excludable rights and any express written warranty provided by us, we do not guarantee that the Services will be uninterrupted, error-free, compatible with every vehicle or asset, suitable for every use case, immune from interference or capable of recovering stolen property.

Where a failure is caused by incorrect installation, misuse, tampering, unauthorised modification, physical damage, water damage, incorrect power supply, unauthorised accessories, accident, neglect, third-party work, network issues or factors outside our control, warranty or support remedies may be limited or unavailable, subject to applicable law.

17. Limitation of liability

This clause applies to the maximum extent permitted by law and does not limit any rights, guarantees, warranties or remedies that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

You acknowledge that GPS tracking is a supplementary tool and that you must maintain adequate insurance, security measures, safety procedures, compliance processes and backup records appropriate for your circumstances.

To the maximum extent permitted by law, we are not liable for any loss, damage, claim, cost or expense arising from or connected with:

  • theft, loss, damage, unauthorised access, non-recovery or delayed recovery of any vehicle, asset, cargo, equipment or property;
  • device malfunction, SIM failure, network failure, GPS signal loss, low signal, incorrect installation, poor placement, tampering, flat battery, disconnection or power failure;
  • software downtime, server downtime, app issues, mapping issues, third-party provider issues, data centre outages, cyber incidents, maintenance or service interruptions;
  • incorrect, delayed, missing or unavailable location updates, alerts, reports, commands, messages, notifications or data;
  • your failure to test, monitor, maintain, charge, install, reactivate, secure or operate a Device correctly;
  • your unlawful, unauthorised, unsafe or inappropriate use of the Services;
  • your failure to comply with surveillance, privacy, employment, transport, safety, product, industry or other applicable laws;
  • any use of the Services in a safety critical, restricted, emergency, high risk or prohibited application;
  • loss of data, lost business, lost revenue, lost profit, loss of opportunity, business interruption, reputational harm, loss of goodwill or other indirect, incidental, special or consequential loss.

Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to one or more of the following:

  • for goods, repair, replacement, resupply or payment of the cost of repair or replacement;
  • for services, resupply of the affected services or payment of the cost of resupplying the affected services;
  • where the above limitation is not available, the amount paid by you for the affected Service during the 12 months immediately before the event giving rise to the claim.

Nothing in these Terms limits our liability for fraud, wilful misconduct or any liability that cannot lawfully be limited.

18. Indemnity

To the maximum extent permitted by law, you indemnify BlackOwl, its directors, employees, contractors, suppliers and related parties against any loss, damage, claim, cost, expense or liability arising from or connected with:

  • your use or misuse of the Hardware, Software, SIM cards or Services;
  • unlawful, unauthorised, unsafe, deceptive, malicious or inappropriate tracking;
  • installation, removal, tampering, modification, damage or misuse of Hardware or SIM cards;
  • your breach of privacy, surveillance, employment, transport, vehicle ownership or other applicable laws;
  • any claim by a driver, employee, contractor, customer, asset owner, vehicle owner, family member, regulator, authority or other third party arising from your use of the Services;
  • your breach of these Terms, a Lease Agreement or any other written agreement with us;
  • your use of the Services in a safety critical, restricted, emergency, high risk or prohibited application;
  • SIM misuse, excessive use, roaming misuse, unauthorised charges, network abuse or use of a SIM outside approved purposes.

Your liability under this indemnity will be reduced to the extent that the relevant loss was caused by our fraud, wilful misconduct or breach of a non-excludable legal obligation.

19. Insurance and customer risk management

You are responsible for maintaining appropriate insurance for your vehicles, assets, cargo, equipment, business, drivers and operations.

The Services are not insurance products and do not replace comprehensive insurance, public liability insurance, product liability insurance, business interruption insurance, cyber insurance, management liability insurance, professional advice, security procedures or compliance programs.

You must not represent to any insurer, customer, employee, contractor or other person that the Services guarantee theft prevention, asset recovery, loss prevention, compliance or safety outcomes.

20. Intellectual property

All intellectual property in our website, brand, content, Software, platform configuration, device configuration, processes, documentation, graphics, designs and related materials belongs to BlackOwl or our licensors.

You must not copy, modify, reproduce, reverse engineer, resell, sublicense, scrape, interfere with or create derivative works from any part of our website, Software, platform, configuration, documentation or Services unless we have expressly authorised this in writing.

Data uploaded to the platform by you remains your property, subject to our right to use it as reasonably necessary to provide, support, maintain, secure and improve the Services.

21. Support and service changes

We may provide support by phone, email, remote access, online instructions, documentation or other methods we consider appropriate.

Support does not include guaranteed immediate response times, on-site attendance, recovery assistance, installation work, vehicle diagnosis, electrical diagnosis, third-party platform support, legal advice, insurance advice or emergency response unless expressly agreed in writing.

We may change, remove, suspend, replace or discontinue Hardware, Software features, integrations, network arrangements, SIM providers, reporting settings, apps, firmware, alerts, commands or support methods where reasonably necessary for security, reliability, compliance, supplier changes, product lifecycle, network changes or business operations.

22. Suspension and termination

We may suspend, restrict or terminate Services immediately where:

  • you breach these Terms, a Lease Agreement or any other written agreement with us;
  • payment fails, is reversed, is disputed, is charged back or remains overdue;
  • we reasonably suspect unlawful tracking, unauthorised access, privacy risk, safety risk, cyber risk, SIM misuse, network abuse or platform misuse;
  • Hardware is tampered with, damaged, misused, not returned or used outside approved purposes;
  • you use abusive, threatening, harassing or inappropriate behaviour toward our staff, contractors, suppliers or customers;
  • continuing to provide Services may expose us, you, another person or a third-party provider to legal, safety, privacy, security, operational or reputational risk;
  • a supplier, network provider, platform provider, regulator, court or authority requires or reasonably causes suspension or termination.

Suspension or termination does not affect any accrued rights, outstanding amounts, replacement fees, indemnities, limitations of liability or clauses that are intended to continue after termination.

23. Force majeure

We are not liable for delay, failure, interruption or non-performance caused by events outside our reasonable control, including natural disasters, fire, flood, storm, power failure, internet failure, mobile network failure, supplier failure, industrial action, war, terrorism, civil unrest, pandemic, government action, regulatory change, cyber incident, data centre outage or other force majeure event.

24. Entire agreement

These Terms, together with any applicable quote, order, invoice, product warranty, activation terms, Lease Agreement, Privacy Policy and written agreement with us, form the agreement between you and BlackOwl for the relevant Services.

If a separate written agreement signed or expressly accepted by us applies to a specific Service, that agreement applies to the extent of any inconsistency for that specific Service.

25. Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.