Terms & Conditions

1. Services Provided

1.1 Track It GPS supplies GPS vehicle tracking devices and subscription-based monitoring services. Depending on the subscription tier and device selected, services may include real-time vehicle tracking, geo-fencing, trip history, remote immobilisation, and remote door lock/unlock functionality.

1.2 The specific features available to you depend on the subscription tier and device you purchase. Not all features are available on all devices or tiers.

1.3 Service availability depends on factors including mobile network coverage, device compatibility, and the vehicle’s condition and electrical system. Track It GPS does not warrant that services will be available without interruption or that they will be free from delays, errors, or outages, particularly where these arise from factors outside our reasonable control.

1.4 Nothing in this clause limits, and this clause is subject to, the consumer guarantees and other rights you may have under the Australian Consumer Law (see clause 10).

2. Installation Requirements

2.1 Installation of devices is performed by authorised third-party installers engaged by Track It GPS. Installers act as independent contractors and not as employees or agents of Track It GPS.

2.2 You must provide safe and reasonable access to the vehicle at the scheduled installation time. If access is not provided, or the vehicle is not in a fit condition for installation, additional charges or rescheduling may apply.

2.3 You are responsible for informing us before installation of any relevant modifications, aftermarket electrical work, or known defects in the vehicle that may affect installation. Track It GPS is not responsible for pre-existing faults, defects, or damage that exist in the vehicle prior to installation, or that are discovered during installation and are not caused by us or our installers.

2.4 To the extent permitted by law, and subject to clause 10, Track It GPS is responsible for installation work only as required under the Australian Consumer Law, including the guarantee that services will be provided with due care and skill.

2.5 Installation fees relate to work performed. Once installation has been completed, installation fees are not refundable except where you are entitled to a remedy under the Australian Consumer Law (for example, where installation services have not been provided with due care and skill).

3. Device Ownership & Warranty

3.1 Devices supplied by Track It GPS become your property once payment for the device has been received in full.

3.2 Track It GPS provides a 12-month warranty on hardware against defects in materials and workmanship. This warranty period commences on the date the device is activated on the Track It GPS platform (the date the device becomes live and capable of providing services), which may be after the date of purchase or installation.

3.3 This warranty does not cover faults or damage caused by misuse, tampering, accident, unauthorised modification or repair, or installation or removal by persons not authorised by Track It GPS.

3.4 The benefits of this warranty are in addition to, and do not limit, any rights and remedies you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4. Subscription Services

4.1 Tracking and monitoring services are provided on a subscription basis. Subscriptions are billed monthly or annually depending on the plan you select. Your selected plan, billing frequency, and price are confirmed at the time of purchase.

4.2 You may cancel your subscription at any time. For monthly subscriptions, cancellation takes effect at the end of the current billing period, and you will not be charged for any subsequent period. For annual subscriptions, cancellation takes effect at the end of the current annual term.

4.3 Services continue until the end of the period for which you have paid. We do not provide pro-rata refunds for the unused portion of a billing period following cancellation, except where required under the Australian Consumer Law.

4.4 If we change the price or material terms of your subscription, we will give you reasonable advance notice. Any price change will not take effect until your next billing period after the notice, and you may cancel before the change takes effect if you do not accept it.

4.5 Subscription services are subject to the consumer guarantees under the Australian Consumer Law, which cannot be excluded (see clause 10).

5. Remote Immobilisation (Standard and Premium)

5.1 Remote immobilisation is available on Standard and Premium devices. Immobilisation prevents the vehicle’s engine from being restarted after the ignition has been switched off. It does not, and is not designed to, stop, slow, or disable a vehicle while the vehicle is in motion. An immobilisation command takes effect only once the vehicle is stationary and the ignition is off.

5.2 You acknowledge that remote immobilisation is a security feature that carries inherent safety risks if used improperly, and you agree to use it only responsibly and lawfully.

5.3 You must use immobilisation only in respect of a vehicle you own or are lawfully entitled to control, and only against persons you are lawfully entitled to immobilise (for example, to secure your own vehicle, or to assist in the recovery of a stolen vehicle). You must not use, or attempt to use, immobilisation:

(a) in a deliberate attempt to stop, disable, or interfere with a vehicle while it is in motion, or to endanger any person in or near the vehicle;

(b) against any vehicle or person you are not lawfully entitled to immobilise; or

(c) for any unlawful purpose, including harassment, coercion, or unlawful interference with another person’s use of a vehicle.

5.4 You acknowledge that immobilisation takes effect only when the vehicle is stationary with the ignition off (see clause 5.1), and that sending an immobilisation command — including during a theft or unauthorised use — does not stop a vehicle that is in motion. You should always contact emergency services in situations involving theft, personal danger, or a vehicle being used unlawfully.

5.5 You are responsible for ensuring that immobilisation is used only by you or by persons you authorise, and that it is used in accordance with these Terms. You remain responsible for the use of immobilisation features through your account.

5.6 All immobilisation commands are recorded in an audit log on the Track It GPS platform, including the date, time, and account from which the command was issued. These records are retained in accordance with our Privacy Policy and may be used to verify how and when the feature was used.

5.7 Immobilisation depends on factors including network coverage, device status, and vehicle condition. Track It GPS does not warrant that an immobilisation command will be delivered or take effect in any particular timeframe, and immobilisation must not be relied upon as the sole means of securing a vehicle or preventing theft.

5.8 You indemnify Track It GPS against any claims, liabilities, losses, penalties, and reasonable legal costs arising from your use of immobilisation features, or use by anyone you permit to access them, to the extent that the claim or loss arises from use that is unlawful, unsafe, in breach of these Terms, or otherwise caused by you or a person using your account. This indemnity is reduced to the extent the relevant loss was caused by Track It GPS’s own negligence or breach of these Terms, and does not apply to any liability that cannot be excluded under the Australian Consumer Law. This indemnity survives termination of your subscription or these Terms.

6. Remote Door Lock and Unlock (Premium)

6.1 Remote door lock and unlock functionality is available on Premium devices. It allows you to lock or unlock the vehicle’s doors remotely through the Track It GPS platform.

6.2 You acknowledge that remote locking and unlocking is a convenience feature and must be used responsibly and lawfully. You must use it only in respect of a vehicle you own or are lawfully entitled to control, and only against persons you are lawfully entitled to lock out or grant access to.

6.3 You must not use, or attempt to use, remote door lock or unlock:

(a) in a way that could endanger or trap any person, child, or animal in or near the vehicle;

(b) to interfere unlawfully with another person’s access to or use of a vehicle, including for harassment or coercion; or

(c) for any unlawful purpose.

6.4 You are responsible for ensuring you do not leave any person, child, or animal in a locked vehicle, and for the safe and lawful use of these features by you and anyone you authorise. Remote locking does not replace your responsibility to check the vehicle.

6.5 All door lock and unlock commands are recorded in an audit log on the Track It GPS platform, including the date, time, and account from which the command was issued. These records are retained in accordance with our Privacy Policy.

6.6 Remote locking depends on factors including network coverage, device status, and vehicle compatibility. Track It GPS does not warrant that a lock or unlock command will be delivered or take effect in any particular timeframe, and you should not rely on it as your only means of securing or accessing the vehicle. Track It GPS is not responsible for lockouts or access issues except to the extent caused by our negligence or breach, or where you are entitled to a remedy under the Australian Consumer Law.

6.7 You indemnify Track It GPS against any claims, liabilities, losses, penalties, and reasonable legal costs arising from your use of remote door lock or unlock features, or use by anyone you permit to access them, to the extent that the claim or loss arises from use that is unlawful, unsafe, in breach of these Terms, or otherwise caused by you or a person using your account. This indemnity is reduced to the extent the relevant loss was caused by Track It GPS’s own negligence or breach of these Terms, and does not apply to any liability that cannot be excluded under the Australian Consumer Law. This indemnity survives termination.

7. Network Coverage & System Limitations

7.1 The services depend on third-party mobile networks, including the Telstra network, and on GPS satellite positioning. Coverage and accuracy may vary depending on location, terrain, buildings, weather, and other environmental factors.

7.2 Temporary outages, delays, or interruptions may occur, including those arising from network faults, maintenance, device faults, or other factors outside our reasonable control. Location data and alerts may be delayed or unavailable during such periods.

7.3 The services are provided as a monitoring and convenience tool. They are not a guaranteed security, emergency, or vehicle-recovery service, and should not be relied upon as your sole means of securing or recovering a vehicle.

7.4 Nothing in this clause excludes or limits the consumer guarantees that apply to the services under the Australian Consumer Law (see clause 10).

8. Data Storage & Privacy

8.1 Track It GPS collects and handles personal information in accordance with our Privacy Policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth). Our Privacy Policy forms part of your agreement with us and should be read together with these Terms.

8.2 To provide the services, your information is handled across the following locations:

(a) customer and account data is hosted in Australia;

(b) payment information is processed by our payment provider in the United States; and

(c) GPS and device data is processed and stored by our GPS platform provider in Hong Kong.

8.3 By using the services, you acknowledge and consent to your information being disclosed to and stored by these overseas providers for the purposes described in our Privacy Policy. You acknowledge that overseas providers may be subject to different privacy and data protection laws than those in Australia.

8.4 We take reasonable steps to ensure that overseas providers handle your information consistently with the Australian Privacy Principles. Further detail on how we collect, use, store, and disclose personal information, including data retention periods and how to make a privacy complaint, is set out in our Privacy Policy.

9. Customer Responsibilities

9.1 You warrant that, in respect of each vehicle you track or control using the services, you are the registered owner of the vehicle or have the express authority of the registered owner to install the device and to use the tracking, immobilisation, and remote-control features. You must use the devices and services only for lawful purposes.

9.2 You are responsible for ensuring that all drivers and regular users of the vehicle are informed that a tracking device is installed and that the vehicle’s location and activity may be monitored. Tracking and monitoring laws may apply to your use, and you are responsible for complying with any laws that apply to your circumstances.

9.3 You must keep your account login credentials secure and confidential. You are responsible for activity carried out through your account, except to the extent it results from our failure to keep the services secure. You must notify us promptly if you believe your account has been accessed without your authorisation.

9.4 You must not use the services to track, monitor, immobilise, or control a vehicle or person unlawfully, including for the purposes of stalking, harassment, coercion, or family or domestic violence.

9.5 You indemnify Track It GPS against any claims, liabilities, losses, penalties, and reasonable legal costs arising from your use of the services in breach of this clause, to the extent the claim or loss is caused by that breach. This indemnity is reduced to the extent the relevant loss was caused by Track It GPS’s own negligence or breach of these Terms, and does not apply to any liability that cannot be excluded under the Australian Consumer Law. This indemnity survives termination.

10. Limitation of Liability

10.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If any provision of these Terms would do so, it does not apply to that extent.

10.2 Where the services or goods we supply come with a guarantee that cannot be excluded under the Australian Consumer Law, and the failure does not amount to a major failure, our liability is limited (at our option) to:

(a) in the case of goods — the replacement or repair of the goods, or the cost of doing so; and

(b) in the case of services — supplying the services again, or the cost of doing so.

10.3 Subject to clauses 10.1 and 10.2, and to the extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms, the goods, and the services, whether in contract, negligence, or otherwise, is limited to:

(a) for claims relating to a device — the replacement of the device; and

(b) for all other claims — the total amount of subscription fees paid by you in the 12 months immediately before the event giving rise to the claim.

10.4 To the extent permitted by law, Track It GPS is not liable for any indirect, incidental, special, or consequential loss, or for any loss of profits, loss of revenue, loss of data, or business interruption, arising out of or in connection with the goods or services.

10.5 Track It GPS provides tracking technology as a monitoring tool. We do not guarantee the prevention or detection of theft, or the recovery of any vehicle, and we are not liable for loss arising from matters outside our reasonable control or from your misuse of the goods or services.

10.6 Our liability is reduced proportionally to the extent that any loss or damage is caused or contributed to by you, including by your breach of these Terms or your failure to use the goods or services in accordance with our reasonable instructions.

11. Refunds & Cancellations

11.1 Refunds and cancellations are handled in accordance with this clause, our Refund & Cancellation Policy, and your rights under the Australian Consumer Law.

11.2 You are entitled to a remedy, including a repair, replacement, or refund, where required under the Australian Consumer Law — for example, where goods or services have a major failure, are not of acceptable quality, are unsafe, or do not match their description.

11.3 Except where you are entitled to a remedy under the Australian Consumer Law or our Refund & Cancellation Policy, device and installation fees are not refundable once the device has been supplied and installation has been completed, as these reflect goods and services already provided.

11.4 Subscription cancellations are handled in accordance with clause 4. We do not provide refunds for the unused portion of a billing period except where required under the Australian Consumer Law.

11.5 To request a refund or discuss a cancellation, you can contact us using the details in clause 15.

12. Termination & Suspension

12.1 You may cancel your subscription at any time in accordance with clause 4.

12.2 We may suspend or terminate your access to the services where:

(a) you materially breach these Terms and, where the breach can be remedied, you do not remedy it within a reasonable time after we ask you to;

(b) we reasonably suspect the services are being used unlawfully or in a way that endangers any person;

(c) subscription payments are overdue and remain unpaid after we have given you notice; or

(d) we are required to do so by law.

12.3 Where it is reasonable and lawful to do so, we will give you notice before suspending or terminating the services. We may act without prior notice where there is a serious or urgent risk, including suspected unlawful use or a risk to a person’s safety, but we will tell you as soon as reasonably practicable afterwards.

12.4 Suspension or termination does not affect any rights or obligations that accrued before it took effect, and does not limit your rights under the Australian Consumer Law.

12.5 On termination, your right to use the services ends. Clauses that by their nature should survive termination — including those relating to liability, indemnities, and data retention — continue to apply.

13. Changes to These Terms

13.1 We may update these Terms from time to time, for example to reflect changes in our services, technology, or legal obligations. The current version will always be published on the Track It GPS website.

13.2 If we make a change that materially and adversely affects your rights, we will give you reasonable advance notice before the change takes effect. If you do not accept a material change, you may cancel your subscription in accordance with clause 4 before the change takes effect.

13.3 Your continued use of the services after a change takes effect means you accept the updated Terms.

14. Governing Law

14.1 These Terms are governed by the laws of Victoria, Australia. You and Track It GPS submit to the non-exclusive jurisdiction of the courts of Victoria.

14.2 Nothing in this clause prevents you from exercising any right you have to bring proceedings in another jurisdiction where the law entitles you to do so.

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