Service Terms & Conditions

1. Acceptance

1.1 These Terms & Conditions form an agreement between you and WIXTrac ("WIXTrac", "we", "us" or "our"), a brand of Quality Goods Trading Pty Limited ABN 98 060 177 5179.

1.2 By purchasing our products, creating an account, or using our platform, apps or services, you agree to be bound by these terms.

1.3 If you are entering into this agreement on behalf of a business, you confirm you are authorised to do so, and references to "you" include that business.

1.4 If you purchase Devices from a reseller or distributor rather than directly from WIXTrac, your purchase contract is with that reseller. Sections 12 and 13 apply only to Devices purchased directly from WIXTrac, except where the law provides otherwise.

2. Definitions

• Devices — the GPS trackers, cameras, dashcams and accessories supplied by WIXTrac.
• Platform — our web portal, dashboards and mobile applications.
• Services — the connectivity, data, monitoring, hosting and support we provide.
• Customer Data — the location, video, telematics and account data generated through your use of the Devices and Platform.
• Fees — the amounts payable by you for Devices and Services.
• Warranty Period — the period defined in clause 12.1.
• ACL — the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

3. Accounts

3.1 You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

3.2 You must provide accurate information, keep it up to date, and notify us promptly of any unauthorised use.

3.3 You must not share account credentials, and you are responsible for the acts and omissions of any user you permit to access your account.

4. The Services

4.1 We provide tracking, video monitoring, alerting and reporting capabilities through the Platform.

4.2 Cellular connectivity is provided over third-party mobile networks. Coverage, latency and performance vary by location and by network conditions, and are outside our control.

4.3 Mobile network operators may change, restrict, migrate or shut down network technologies from time to time. Where a network change affects the operation of a Device, we will notify you where we reasonably can, but we are not responsible for the effects of that change.

4.4 The Services are tools to assist you. They are not a substitute for safe driving, supervision, statutory record-keeping or your own operational judgement, and must not be relied on as the sole means of locating a vehicle, person or asset in an emergency.

5. Devices, hardware & installation

5.1 Devices you purchase are sold to you. Title passes once payment is received in full, and risk passes on delivery.

5.2 Devices must be installed, configured and used in accordance with our instructions, the manufacturer's specifications and applicable laws.

5.3 Where installation is performed by you or a third party (including a reseller or installer), WIXTrac is not responsible for faults, damage or loss arising from incorrect installation.

5.4 Any installer listed by WIXTrac as approved is an independent contractor and not our agent, employee or partner. We are not responsible for their workmanship, and listing does not constitute a warranty of their work.

5.5 You are responsible for ensuring your use of the Devices — including any monitoring of drivers, staff or third parties — is lawful and properly disclosed. This includes obligations under privacy, surveillance devices and workplace laws in each State or Territory in which you operate.

5.6 Solar and battery powered Devices. Some Devices are powered by an integrated solar panel and rechargeable battery. These Devices require ongoing exposure to daylight to remain charged and operational. A solar Device will stop reporting if the panel is covered, obscured, painted over, heavily soiled, or if the asset is stored indoors, under cover, in a container, or otherwise away from daylight for an extended period.

You are responsible for selecting a mounting position with adequate solar exposure, for keeping the panel clear, and for satisfying yourself that the operating environment of your assets is suitable for a solar Device. Non-reporting caused by insufficient solar exposure, whether accidental or deliberate, is not a fault and is not covered by the warranty in section 12.

5.7 Devices are not theft prevention or recovery devices. The Devices and Services are asset location and management tools. They are not theft prevention devices, security systems, immobilisers, or asset recovery services, and they are not a substitute for insurance, physical security, or the terms of your own contracts with the parties in possession of your assets.

A Device can be removed, disabled, shielded, concealed or destroyed by a person with physical access to the asset. We do not warrant that a Device will continue to report, or that an asset will be locatable or recoverable, in those circumstances. You should insure your assets independently of the Services.

5.8 Assets in the possession of third parties. Where you supply, hire, lease, lend or otherwise release an asset fitted with a Device into the possession or control of a third party, you are responsible for:

• (a) disclosing the presence and purpose of the Device to that party, as required by applicable privacy and surveillance devices laws;
• (b) including in your agreement with that party a prohibition on removing, disabling, covering, obscuring or interfering with the Device, and an obligation to keep it exposed and powered; and
• (c) monitoring the reporting status of the Device for the period the asset is out of your possession, and acting promptly in accordance with clause 10.6 where it stops reporting.

To the extent permitted by law, we are not liable for any loss arising from removal of, interference with, or concealment of a Device by a third party, or from your inability to locate or recover an asset.

5.9 Warranty for Devices is set out in section 12.

6. Fees & billing

6.1 Prices are in Australian dollars and exclude GST. GST is added at checkout where applicable.

6.2 Subscription Fees recur automatically for the billing period selected, until cancelled in accordance with section 14.

6.3 Except where required by law, Fees already paid are non-refundable. This clause applies to Service Fees. It does not affect your right under the Australian Consumer Law to cancel your service contract and obtain a refund of any unused portion where there has been a major failure with the Services, or your rights in relation to Devices under sections 11, 12 and 13.

6.4 We may suspend Services where Fees are overdue, after giving you reasonable notice.

6.5 SIM cards and data plans supplied with a Device remain subject to the applicable carrier's terms and to any fair use limits we notify to you.

7. Acceptable use

7.1 You must not use the Devices, Platform or Services:

• (a) for any unlawful purpose, or in breach of any privacy, surveillance devices or workplace law;
• (b) to resell, sublicense or provide access to the Services except as expressly permitted by us in writing;
• (c) to interfere with, disrupt, probe or place unreasonable load on the Platform or the networks we rely on;
• (d) to reverse engineer, decompile, or attempt to extract source code or firmware from any Device or the Platform;
• (e) to tamper with, modify or attempt to defeat any Device.

7.2 We may investigate suspected breaches and may suspend access in accordance with section 14.

8. Your data

8.1 As between you and WIXTrac, you own your Customer Data.

8.2 You grant us the rights necessary to host, process and transmit Customer Data to provide the Services, generate analytics, and maintain and improve the Platform.

8.3 You are responsible for ensuring you have the right to collect and provide Customer Data, including any personal information relating to drivers, employees or third parties, and for making any disclosures or obtaining any consents required by law.

8.4 We handle personal information in accordance with our Privacy Policy.

8.5 Data retention periods vary by data type and by the plan you hold. Video and high-frequency telematics data are retained for the period stated on your plan. You are responsible for exporting or downloading any data you need to keep beyond that period.

9. Intellectual property

9.1 WIXTrac and its licensors own all intellectual property rights in the Platform, software, firmware, documentation and branding.

9.2 We grant you a non-exclusive, non-transferable right to use the Platform and Services for your internal business purposes for the term of your subscription.

9.3 Nothing in these terms transfers ownership of any intellectual property to you.

10. Availability, monitoring & fault reporting

10.1 We do not guarantee uninterrupted or error-free operation of the Platform, the Services or any Device.

10.2 Availability depends on factors outside our control, including third-party mobile networks, satellite positioning systems, hosting providers, vehicle condition and power supply, and the physical environment in which a Device operates.

10.3 We may carry out scheduled maintenance and will endeavour to give reasonable notice where a material interruption is expected.

10.4 Where the Services are unavailable, the remedy in clause 13.5 applies.

Your responsibility to monitor and report

10.5 You must monitor. You are responsible for monitoring the operation of your Devices and the Services. This includes reviewing the Platform, dashboards, reports and any alerts you have configured, at a frequency appropriate to the level of operational reliance you place on them. Where you rely on the Services for safety, compliance, statutory record-keeping or asset protection purposes, you should verify Device operation before each period of reliance.

10.6 You must report faults. You must notify us as soon as reasonably practicable, and in any event within ten (10) business days of becoming aware, or of the time you ought reasonably to have become aware, that a Device or the Services are not functioning correctly. Notification must be given to contact@wixtrac.com or 1300 949 872 and should include the Device IMEI or serial number, the vehicle identification, a description of the symptom, and the date the symptom was first observed.

10.7 Our monitoring does not transfer that responsibility to you. We may operate platform monitoring, device health checks and automated alerting, and we may notify you if we observe that a Device appears to have stopped reporting. We do this as a courtesy to assist you. It is not a monitoring service, we do not undertake to detect any particular fault, and it does not reduce or replace your obligations under clauses 10.5 and 10.6.

You acknowledge that a Device may legitimately stop reporting for reasons that are not faults — including the vehicle being parked, the ignition being off, the Device operating in a sleep or low-power mode, the vehicle being outside mobile coverage or in a shed, workshop or underground area, or the vehicle being out of service — and that we cannot determine remotely whether a Device that is not reporting is faulty or is behaving normally. You are the only party in a position to know whether a Device should be reporting at a given time.

10.8 Effect of late reporting. Where you do not report a fault in accordance with clause 10.6:

• (a) any service credit under clause 13.5 accrues only from the date you notify us, and not from the date the fault began;
• (b) a fault first reported after the end of the Warranty Period is not covered by the voluntary warranty in section 12, even if the fault arose during the Warranty Period; and
• (c) to the extent permitted by law, our liability is reduced to the extent that the delay in reporting caused or increased the loss.

10.9 Alerts you configure. You are responsible for configuring any alerts you wish to receive, for keeping your notification contact details current, and for ensuring alerts are not blocked or filtered by your email, SMS or device settings. Alert delivery depends on third-party email, SMS and push notification providers and is not guaranteed.

10.10 Australian Consumer Law. Nothing in clauses 10.5 to 10.9 limits, excludes or modifies any right or remedy you have under the Australian Consumer Law. These clauses set out your contractual obligations and are relevant to the assessment of loss and mitigation. They do not operate to deny a consumer guarantee remedy.

11. Australian Consumer Law

11.1 The following statement is the text prescribed by regulation 90 of the Competition and Consumer Regulations 2010 (Cth) for a warranty relating to both goods and services. It must be reproduced exactly and must not be edited, shortened or reworded.

11.2 The voluntary warranty in section 12 applies in addition to these rights.

11.3 Except as required by law and to the extent permitted, all other warranties, conditions and guarantees are excluded.

11.4 Nothing in these terms limits, excludes or modifies any right or remedy you have under the Australian Consumer Law.

12. Device warranty against defects

12.1 What this warranty covers

WIXTrac warrants that Devices purchased directly from WIXTrac will be free from defects in materials and workmanship at the time of supply, for twelve (12) months from the date of purchase shown on your WIXTrac tax invoice, or the manufacturer's warranty period for that Device, whichever is shorter ("Warranty Period"). This is a voluntary warranty given in addition to your rights under the Australian Consumer Law.

12.2 What this warranty does not cover in nature

This is a warranty against manufacturing defect only. It is not a warranty of continuous or uninterrupted operation, of GPS or positional accuracy, of mobile network availability or coverage, of data delivery, or of fitness for any particular vehicle, fleet or operating environment. Devices operate in vehicles and environments outside WIXTrac's control, and WIXTrac gives no warranty as to performance in those conditions.

12.3 Dead on arrival

If a Device fails on first installation and the failure is reported to WIXTrac within fourteen (14) days of the invoice date, we will treat the claim as dead on arrival, bear return freight, and dispatch a replacement on receipt of the Device. Claims outside this window are dealt with under clauses 12.4 to 12.13.

12.4 What we will do

If a Device is found by WIXTrac to be defective within the Warranty Period, WIXTrac will, at its option, replace the Device with a new or refurbished Device of the same or equivalent specification, or repair the Device. This is WIXTrac's sole obligation under this voluntary warranty.

12.5 Return of the Device is required

The defective Device must be returned to WIXTrac before a replacement is dispatched. To claim:

• (a) contact WIXTrac at contact@wixtrac.com or 1300 949 872 and obtain a Return Material Authorisation ("RMA") number, quoting your invoice number, the Device IMEI or serial number, and a description of the fault;
• (b) return the complete Device, including any harness and accessories supplied with it, to the address advised, with the RMA number clearly marked;
• (c) do not return a Device without an RMA number. Unidentified returns cannot be processed.

Replacement is conditional on WIXTrac receiving the Device and confirming the fault falls within this warranty. A Device not returned within thirty (30) days of RMA issue will be treated as a withdrawn claim.

12.6 Cost of claiming

You are responsible for removing the Device from the vehicle and for return freight, except where the failure amounts to a failure of a consumer guarantee under the Australian Consumer Law, in which case you may recover reasonable return costs from us. WIXTrac pays outbound freight on approved replacements within Australia.

12.7 Warranty period of a replacement

A replacement Device is warranted for the balance of the original Warranty Period, or ninety (90) days from dispatch of the replacement, whichever is longer. Replacement does not restart the 12-month period.

12.8 Title in returned Devices

A Device returned and replaced under this warranty becomes the property of WIXTrac.

12.9 Installation conditions and evidence

This warranty applies only where the Device has been installed by WIXTrac or a WIXTrac-approved installer, or where you provide, on request, evidence reasonably satisfactory to WIXTrac of correct installation. Evidence may include photographs of the installed Device, the power connection and fusing point, the mounting location and orientation, and the installer's name and date of installation.

You must register each Device with WIXTrac within fourteen (14) days of installation, quoting the IMEI or serial number, vehicle identification and installation date. WIXTrac may decline a warranty claim where a Device has not been registered or where installation evidence is not provided.

12.10 Diagnostic cooperation

Before returning a Device, you must complete the diagnostic steps advised by WIXTrac support, which may include checking power at the connector, re-seating connections, confirming network status, and confirming the Device's last reported position and status on the Platform. WIXTrac may decline to issue an RMA where these steps have not been completed.

12.11 What is not covered

This warranty does not cover:

• (a) incorrect, non-compliant or unauthorised installation, including installation by you or a third party;
• (b) physical damage, accident, vehicle fire, collision, crushing, or water or dust ingress beyond the Device's rated IP protection;
• (c) faults arising from the vehicle or its electrical system, including alternator or regulator failure, incorrect or unfused power tapping, jump-starting, deep discharge, battery replacement, arc welding on the vehicle, or work performed by an auto-electrician, panel beater, mechanic or other third party;
• (d) disconnection, removal, relocation or refitting of the Device by any person other than WIXTrac or a WIXTrac-approved installer, or refitting of the Device to a different vehicle without prior written notice to WIXTrac;
• (e) tampering, opening, modification, unauthorised repair, or removal or alteration of serial numbers or labels;
• (f) operating conditions outside the Device's published specification, including temperature, vibration, shock, ingress protection rating, high-pressure or steam cleaning, chemical exposure, or use in mining, marine, agricultural or off-road applications unless a Device rated for that application was purchased;
• (g) theft, vandalism, deliberate damage, or attempted defeat or jamming of the Device;
• (h) mobile network matters, including carrier coverage, network congestion, carrier technology shutdown or migration, roaming restrictions, SIM suspension, deactivation or replacement, and any change in carrier terms;
• (i) firmware or configuration changes not applied or authorised by WIXTrac, and any failure arising from settings selected by you;
• (j) consumables and items subject to wear, including harnesses, cabling, backup batteries, SIM cards, fuses and mounting hardware;
• (k) faults caused by third-party equipment or by software not supplied by WIXTrac;
• (l) fair wear and tear and cosmetic damage;
• (m) Devices purchased from a party other than WIXTrac. Claim through your reseller;
• (n) Devices for which payment has not been received in full;
• (o) Devices for which the installation evidence required under clause 12.9 has not been provided;
• (p) no-fault-found returns, where the Device is tested and operates to specification. A testing and handling fee of $[amount] plus freight may apply;
• (q) faults not reported to WIXTrac within the Warranty Period and in accordance with clause 10.6;
• (r) non-reporting by a solar powered Device caused by insufficient exposure of the solar panel to daylight, as described in clause 5.6.

12.12 Advance replacement

Where WIXTrac agrees to dispatch a replacement before receiving the defective Device, you authorise WIXTrac to invoice you for the full price of the replacement Device if the defective Device is not received within thirty (30) days of dispatch, or if it is received and found to be excluded under clause 12.11.

12.13 Non-transferable

This warranty is given to the original purchaser named on the WIXTrac tax invoice and is not transferable on sale of the Device or of the vehicle in which it is installed.

12.14 Australian Consumer Law

The following statement is the text prescribed by regulation 90 for a warranty relating to goods. It must be reproduced exactly and must not be edited, shortened or reworded.

The benefits given by this warranty are in addition to other rights and remedies available to you under a law in relation to the goods to which this warranty relates. Nothing in section 12 limits, excludes or modifies those rights. Where a Device fails to meet a consumer guarantee, your statutory rights apply regardless of whether the conditions of this voluntary warranty have been met.

12.15 Warrantor

Quality Goods Trading Pty Limited (ABN 98 060 177 5179) trading as WIXTrac
Email: contact@wixtrac.com | Phone: 1300 949 872

13. Limitation of liability

13.1 Australian Consumer Law prevails. Nothing in this section limits, excludes or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded.

13.2 Excluded loss. To the extent permitted by law, WIXTrac is not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, anticipated savings, data, goodwill or reputation, however arising.

13.3 Matters outside our control. To the extent permitted by law, WIXTrac is not liable for loss or damage arising from theft of or damage to a vehicle, asset or Device; from an accident or driver conduct; from mobile network outage, congestion, coverage limitation or carrier technology shutdown; from satellite positioning unavailability or inaccuracy; from vehicle power supply or electrical faults; from installation performed by you or a third party; from removal, disabling, shielding, concealment or destruction of a Device by any person with physical access to the asset; from your inability to locate or recover an asset; or from your reliance on the Services in place of your own operational judgement.

13.4 Where liability cannot be excluded. Where WIXTrac is liable for a failure to comply with a consumer guarantee in respect of goods or services not ordinarily acquired for personal, domestic or household use, and it is fair and reasonable to do so, our liability is limited, at our option, to:

• (a) in the case of Devices — replacing or repairing the Device, supplying an equivalent Device, or paying the cost of doing so; and
• (b) in the case of Services — resupplying the Services, or paying the cost of resupply.

13.5 Service unavailability — how our liability is measured. Subject to clauses 13.1 and 13.4, where a Device or the Services fail to operate, our liability in respect of that failure is limited to the Fees paid by you that are attributable to the affected Device or Service for the period during which it did not operate, calculated on a daily pro-rata basis. For this clause:

• (a) the period begins on the date you notify us of the failure in accordance with clause 10.6, and ends on the date the Device or Service is restored, replaced, or the affected subscription is cancelled. Where we notify you of an apparent fault before you report it, the period begins on the date of our notice;
• (b) the period excludes any time attributable to a matter listed in clause 13.3, to a cause listed in clause 12.11, to scheduled maintenance notified under clause 10.3, or to a delay caused by your failure to provide access, information or the Device;
• (c) the amount is applied as a credit against future Fees, or refunded if no further Fees are payable;
• (d) this is your sole contractual remedy for unavailability of the Services. It does not affect your rights under the Australian Consumer Law, including your right on a major failure with the Services to cancel your service contract and obtain a refund of the unused portion or compensation for its reduced value.

13.6 Aggregate cap. Subject to clauses 13.1 and 13.4, and in addition to clause 13.5, WIXTrac's total aggregate liability arising out of or in connection with these terms is limited to the amounts paid by you for the relevant Devices or Services in the twelve (12) months before the claim arose.

13.7 Notification of claims. You must notify us of any claim as soon as reasonably practicable after you become aware of the circumstances giving rise to it, and in any event within twelve (12) months, except where a longer period is required by law.

13.8 Your responsibility to mitigate. Our liability is reduced to the extent that your act, omission or failure to mitigate contributed to the loss, including any failure to monitor Device status alerts, to report a fault promptly, or to maintain the vehicle or its electrical system.

14. Suspension & termination

14.1 You may cancel a subscription at any time with effect from the end of the current billing period, unless your plan states otherwise.

14.2 We may suspend or terminate your access where you breach these terms, where Fees are overdue, where we are required to do so by law, or where continued provision would expose us or a third party to material risk. We will give notice where it is reasonable to do so.

14.3 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 are responsible for exporting any data you wish to retain before termination takes effect.

14.4 Sections 6, 8, 9, 10.8, 11, 12, 13, 16 and 17 survive termination.

15. Changes to these terms

15.1 We may update these terms from time to time. The current version is published at wixtrac.com/terms-and-conditions with its effective date.

15.2 We will give reasonable notice of any change that materially and adversely affects you.

15.3 Continuing to use the Services after changes take effect means you accept the updated terms.

15.4 The version of section 12 in force at the date you purchased a Device applies to that Device.

16. Governing law

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.

17. Contact us

Questions about these terms? Get in touch: