Software Licensing Terms and Conditions |
1. About your Agreement
1.1 This Agreement contains the terms and conditions under which we agree to license Autofidelity software (Services) to you. 2. Term of your Agreement 2.1 You agree that the term of this Agreement is the period of thirty six (36) months from the commencement of the service, or until you notify us of the termination of your service, providing a minimum of 30 days notice in writing of your intention to do so. 3. Terminating your Agreement 3.1 You may end your Agreement in the following ways: 4. Effect of your Agreement ending 4.1 When your Agreement ends you must pay all charges due, which may include remaining Product Instalment Plan payments and a Cancellation Fee. 5. Variations to your Agreement and Charges 5.1 Charges for some Optional Services are variable or valid for a fixed period. We will give you reasonable notice of any increase in charges and the date on which the new charges will take effect so you can elect to cease subscribing for, or otherwise accessing, that element of the Services before that date. 6. What we will provide to you 6.1 Once you are Commissioned, we will provide you with access to the Services throughout the Term from the date of this Agreement. 7. The System or Accessory 7.1 You must comply with all reasonable directions by us relating to the use of your license or services. 8. Warranty 8.1 The performance, quality, workmanship and suitability of the Device or Accessory may be subject to the manufacturer’s specifications and warranty. The manufacturer’s warranty is in addition to, and not in substitution for, your statutory rights relating to faulty or misdescribed goods or services. 9. Your Obligations 9.1 You must pay us all Charges for Services, Products and Product Instalment Plans, whether used by you or not. You will remain responsible for any payments for the duration of the Term of the Agreement, including any automatic renewals. You are liable to pay these Charges. 10. Complaints and Privacy Complaints 10.1 Your communications with Customer Service or any of our authorised dealers or sales agents must not be menacing, threatening, amount to harassment or otherwise be of an unacceptable nature. 11. Our Intellectual Property Rights 11.1 The Autofidelity trademark and other related images, logos and names are proprietary marks licensed or owned by us. 12. Suspension of Services 12.1 We may Suspend your Account or any or all Services, as appropriate, if: 13. Our liability to you 13.1 We have no liability to you for any loss of income, business or profits, for any loss resulting from theft, failure to receive an alert, or for any consequential loss sustained and arising out of or in connection with your use of the Services or the System. 14. Implied warranties and conditions 14.1 The Trade Practices Act 1974 (Cth) and the State fair trading laws imply warranties or conditions into contracts for the supply of goods or services. Where the products or Services we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption and it is fair or reasonable for us to do so, we limit our liability to you for a breach of these implied warranties or conditions, at our option to: 15. Notices 15.1 We will send you information by the most appropriate of the following methods: directly communicating it to you in person, by mail using your most recent contact details given to us, by email if you have provided us with your email address or by a notice on your bill. Notices may also be displayed on our website www.autofidelity.com.au 16. Other terms 16.1 Your agreement is governed by the Laws of Victoria, Australia, and each party agrees to bring legal actions about, or under your agreement in the courts of Victoria. Autofidelity reserves the right to commence an action in a jurisdiction in which you and or your company reside, at its sole discretion 17. Definitions 17.1 Software: GPS security tracking software utilised by clients to track and locate assets. |
Software licensing terms and conditionsNestor Balili2018-06-20T13:43:10+10:00