Ctrack Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of Ctrack Australia Pty Ltd's ("Ctrack," "we," "us," or "our") fleet management solutions, including the Ctrack platform, hardware, software, and related services (collectively, the "Services").

By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" refers to such entity.

Ctrack provides fleet management intelligence solutions, including:

• Ctrack Platform: Real-time fleet tracking, analytics, and reporting dashboard
• GPS Tracking: Vehicle and asset location monitoring
• Video Telematics: AI-powered dash cameras and MDVR systems
• Compliance Tools: Electronic work diary (EWD), chain of responsibility, fatigue management
• Hardware: GPS trackers, asset trackers, cameras, and associated devices
• Professional Services: Installation, training, and ongoing support

The specific features and capabilities available to you will depend on your subscription plan and selected hardware configuration.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice to active customers where practicable.

Account Creation: To access the Services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security: You must notify us immediately of any unauthorized use of your account or any other breach of security. Ctrack will not be liable for any loss or damage arising from your failure to comply with these security requirements.

Account Information: You agree to keep your account information up to date, including contact details, billing information, and organizational structure. Failure to maintain accurate information may result in service interruption.

Account Types: Different user roles (administrator, manager, driver) have different access levels and permissions. Account administrators are responsible for managing user access within their organization.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable local, state, national, or international law
• Attempt to gain unauthorized access to the Services, other user accounts, or computer systems
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use the Services to transmit any harmful, threatening, abusive, or defamatory content
• Reverse engineer, decompile, or disassemble any software provided as part of the Services
• Remove or obscure any proprietary notices on the Services or documentation
• Use the Services to track vehicles or assets without proper authorization and consent
• Share your account credentials with unauthorized third parties
• Use automated systems (bots, scripts) to access the Services without written permission

Privacy Compliance: You agree to comply with all applicable privacy laws when collecting, storing, and using data obtained through the Services, including the Australian Privacy Act 1988 (Cth) and the Privacy and Personal Information Protection Act 1998 (NSW).

Ctrack Property: The Services, including all software, designs, text, graphics, logos, and other content, are owned by Ctrack or its licensors and are protected by Australian and international intellectual property laws.

Limited License: Subject to your compliance with these Terms, Ctrack grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

Your Data: You retain all rights to the data you upload or generate through use of the Services ("Customer Data"). By using the Services, you grant Ctrack a license to use, store, and process Customer Data solely to provide the Services to you.

Aggregated Data: Ctrack may collect and analyze aggregated, anonymized data derived from use of the Services to improve our products and services. This aggregated data does not identify you or your organization.

Feedback: Any suggestions, ideas, or feedback you provide to Ctrack regarding the Services may be used by Ctrack without restriction or compensation to you.

Service Availability: While we strive to maintain high availability, the Services are provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted, error-free, or secure operation of the Services.

Indirect Damages: To the maximum extent permitted by Australian law, Ctrack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Services.

Liability Cap: Our total liability to you for all claims arising from or related to the Services shall not exceed the amount you paid to Ctrack in the twelve (12) months preceding the claim.

GPS and Tracking Limitations: GPS and tracking technology has inherent limitations. Location data may be affected by signal interference, environmental conditions, or hardware issues. Ctrack is not responsible for decisions made based on location data provided by the Services.

Third-Party Services: The Services may integrate with third-party services or contain links to external websites. Ctrack is not responsible for the availability, content, or practices of third-party services.

Data Backup: While we maintain regular backups, you are responsible for maintaining your own backups of critical data. Ctrack is not liable for data loss.

You agree to indemnify, defend, and hold harmless Ctrack, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including privacy rights
• Any Customer Data you submit or process through the Services
• Your use of tracking or monitoring capabilities without proper consent or authorization
• Any actions taken by users within your organization who access the Services through your account

This indemnification obligation will survive termination of your account or these Terms.

Termination by You: You may terminate your account at any time by providing written notice to Ctrack. Termination will be effective at the end of your current billing period. You remain responsible for all charges incurred up to the termination date.

Termination by Ctrack: We may suspend or terminate your access to the Services immediately, without notice, if you breach these Terms, fail to pay fees when due, or if we reasonably believe suspension is necessary to protect the Services or other users.

Effect of Termination: Upon termination:

• Your right to access and use the Services will immediately cease
• You must cease all use of Ctrack hardware and software
• Hardware provided by Ctrack must be returned within 30 days, or you will be charged the full replacement cost
• You may request an export of your Customer Data within 30 days of termination. After 30 days, we may delete your data in accordance with our data retention policies

Survival: The following sections will survive termination: Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and any payment obligations incurred before termination.

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales for the resolution of any disputes arising from or relating to these Terms or the Services.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies under the Competition and Consumer Act 2010 (Cth) or other applicable Australian consumer protection laws that cannot lawfully be excluded, restricted, or modified.

Informal Resolution: Before initiating formal dispute resolution procedures, you agree to first contact us to attempt to resolve any dispute informally. We commit to working with you in good faith to reach a mutually satisfactory resolution.

Mediation: If informal resolution is unsuccessful, either party may request mediation of the dispute. The mediation will be conducted in Sydney, New South Wales by a mutually agreed mediator or, failing agreement, a mediator appointed by the Australian Disputes Centre.

Litigation: If mediation does not resolve the dispute within 60 days of the request for mediation, either party may commence court proceedings.

Costs: Each party will bear its own costs of mediation. The prevailing party in any litigation may be entitled to recover reasonable legal costs as determined by the court.

We may update these Terms from time to time to reflect changes to our Services, business practices, or legal requirements. When we make material changes, we will notify you by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email notification to the primary contact address on your account
• Displaying a prominent notice within the Ctrack platform

Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and terminate your account.

For material changes that would reduce your rights or increase your obligations, we will provide at least 30 days' notice before the changes take effect.

If you have any questions, concerns, or disputes regarding these Terms or the Services, please contact us:

For general inquiries or sales questions, please visit our contact page or call our customer service team during business hours (Monday to Friday, 9:00 AM to 5:00 PM AEST).