1. Parties and acceptance
These Terms of Service ("Terms") are a binding agreement between you ("you", "your") and Trace By Tested Pty Ltd (ABN 77 683 499 210), trading as GeoTrace ("we", "us", "our"). By creating an account, placing an order, or using a GeoTrace device or platform, you agree to these Terms.
2. Definitions
- Device — any GPS tracking hardware purchased from us.
- Platform — the GeoTrace web application and associated cloud services.
- Subscription — the monthly platform fee that enables connectivity, data ingestion, and the dashboard.
- ACL — Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
3. Account
You may purchase as a guest or with an account. If you create an account, you must provide accurate information, keep your credentials secure, and notify us promptly of any unauthorised access. You are responsible for activity under your account.
4. Orders, pricing and payment
- All prices are in Australian Dollars (AUD) and displayed exclusive of GST. 10% GST is added at checkout where applicable.
- Payments are processed by Stripe. We do not store full card numbers.
- Placing an order is an offer to purchase; the contract is formed when we accept that offer by confirming the order or dispatching the goods.
- We may refuse or cancel an order (with a full refund) where there has been a pricing error, suspected fraud, or stock unavailability.
5. Shipping, delivery and risk
Shipping options and estimated delivery windows are shown at checkout. Risk in goods passes to you on delivery to the address you provided. Title passes when we receive payment in full. We are not liable for delays caused by couriers or events beyond our reasonable control.
6. Consumer guarantees
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled to:
- cancel your service contract with us; and
- a refund for the unused portion, or compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
7. Returns and warranty
- Dead-on-arrival (DOA): if a device is faulty out of the box, contact us within 30 days of delivery for a replacement or refund.
- Manufacturer warranty: devices are covered by Teltonika's manufacturer warranty (typically 24 months from manufacture). We facilitate warranty claims on your behalf.
- Change of mind: unopened, unused devices may be returned within 14 days for a refund less return shipping. Opened or installed devices are not eligible for change-of-mind returns.
- Nothing in this section limits your rights under the ACL.
8. Platform subscription
- Platform fees are billed monthly: $12/device/mo for a single device, $9/device/mo for 2–5 devices, $6/device/mo for 6 or more devices (all ex GST).
- Subscriptions are month-to-month with no lock-in. You may cancel at any time, effective at the end of the current billing period.
- We do not offer pro-rata refunds for partial months unless required by the ACL.
- We may adjust pricing with at least 30 days' notice; changes take effect at the start of your next billing cycle.
9. Acceptable use
You must only use GeoTrace devices and the platform to track vehicles, assets, or persons that you own or have lawful authority to track. You are solely responsible for complying with all applicable laws, including state and territory surveillance devices legislation (for example, the Surveillance Devices Act 2007 (NSW), Surveillance Devices Act 1999 (Vic), Surveillance Devices Act 1998 (WA), and equivalents in other jurisdictions). You must not use the service to stalk, harass, or unlawfully monitor any person.
10. Intellectual property
We retain all rights, title, and interest in the GeoTrace platform, including software, branding, and content. We grant you a non-exclusive, non-transferable, revocable licence to use the platform during your active subscription, solely for its intended purpose.
11. Limitation of liability
To the maximum extent permitted by law, and subject always to the consumer guarantees in section 6, our liability to you for any loss or damage arising in connection with the goods or the platform is limited, at our option, to:
- the supply of the goods or services again; or
- the payment of the cost of having the goods or services supplied again.
We are not liable for indirect, incidental, special, or consequential loss, or loss of profits, revenue, data, or goodwill, except to the extent caused by our negligence or wilful misconduct, or where liability cannot be excluded under the ACL.
12. Indemnity
You indemnify us against any loss, damage, claim, or expense (including reasonable legal costs) arising from your breach of these Terms or your unlawful use of a device or the platform.
13. Termination
We may suspend or terminate your access to the platform if you breach these Terms, fail to pay subscription fees, or use the service unlawfully. You may close your account at any time by contacting tracebytested@gmail.com.
14. Governing law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
15. Contact
Trace By Tested Pty Ltd (ABN 77 683 499 210)
Trading as GeoTrace
Email: tracebytested@gmail.com
