These terms govern your purchase and use of WIXTrac devices, our online platform, our mobile apps and our related services. Please read them carefully.
These Terms & Conditions form an agreement between you and WIXTrac ("WIXTrac", "we", "us" or "our"). By purchasing our products, creating an account, or using our platform, apps or services, you agree to be bound by these terms. If you are entering into this agreement on behalf of a business, you confirm you are authorised to do so.
You are responsible for keeping your account credentials secure and for all activity that occurs under your account. You must provide accurate information, keep it up to date, and notify us promptly of any unauthorised use. You are responsible for managing the access of your own authorised users.
We provide the Platform and Services to enable tracking, video monitoring, alerting and reporting through your Devices. Features depend on the Devices and subscription you select and may evolve over time as we improve the product. Cellular connectivity is provided over third-party mobile networks, and coverage and performance may vary by location.
Devices you purchase are sold to you; title passes once payment is received in full, and risk passes on delivery. Devices must be installed and used in accordance with our instructions and applicable laws. Where installation is performed by you or a third party (including a reseller or installer), WIXTrac is not responsible for faults arising from incorrect installation. You are responsible for ensuring your use of the Devices — including any monitoring of drivers, staff or third parties — is lawful and properly disclosed.
Prices for Devices and subscriptions are as quoted or displayed at the time of purchase and, unless stated otherwise, are in Australian dollars and exclude GST; GST is added at checkout where applicable. Subscription fees are billed in advance on a recurring basis and continue until cancelled in accordance with these terms. Late or failed payments may result in suspension of the Services. Except where required by law, fees already paid are non-refundable.
You must not:
As between you and WIXTrac, you own your Customer Data. You grant us the rights needed to host, process and transmit it to provide the Services, generate analytics, and maintain and improve the Platform. Our handling of personal information is described in our Privacy Policy. You are responsible for ensuring you have the right to collect and use the Customer Data your account generates.
WIXTrac and its licensors own all intellectual property rights in the Platform, software, firmware, documentation and branding. We grant you a non-exclusive, non-transferable right to use the Platform and Services for your internal business purposes during your subscription. Nothing in these terms transfers any of our intellectual property to you.
We work to keep the Platform and Services available and reliable, but we do not guarantee uninterrupted or error-free operation. Services may be affected by maintenance, network coverage, third-party providers, or events beyond our reasonable control. The Services are tools to assist you and are not a substitute for safe driving, supervision or your own operational judgement.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to a replacement or refund, and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure is not major. Any voluntary warranty we offer applies in addition to these rights. Except as required by law and to the extent permitted, all other warranties are excluded.
To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, WIXTrac is not liable for indirect, incidental or consequential loss, or for loss of profit, data, goodwill, or losses arising from theft, accidents, network outages or reliance on the Services. Where our liability cannot be excluded but can be limited, it is limited to (at our option) resupplying the relevant goods or services, or paying the cost of doing so. Our total aggregate liability is limited to the amounts paid by you for the relevant Devices or Services in the 12 months before the claim.
You may cancel your subscription in accordance with your plan. We may suspend or terminate the Services if you breach these terms, fail to pay, or use the Services unlawfully. On termination, your right to use the Platform ends; we may delete or de-identify Customer Data after a reasonable period, subject to law. You may request an export of your data before termination where reasonably practicable.
We may update these terms from time to time. The current version will always be available on this page with the "last updated" date shown above. Where changes are material, we will take reasonable steps to notify you. Continuing to use the Services after changes take effect means you accept the updated terms.
These terms are governed by the laws of New South Wales, Australia, and you and WIXTrac submit to the non-exclusive jurisdiction of the courts of that state.
Questions about these terms? Get in touch:
PO Box 87, Mt Colah NSW 2079, Australia
Email: contact@wixtrac.com
Phone: 1300 949 872
.aiPO Box 87, Mt Colah NSW 2079, Australia
contact@wixtrac.com · 1300 949 872