Important documents an policies relevant to your interaction with ViperTrak.
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(i) due to the intermittent nature of the internet and mobile networks, the Service may be temporarily unavailable from time to time;
(ii) GSM/GPRS data transmissions may be delayed or not delivered from time to time;
(iii) there may be location errors due to the GPS data or typographical errors in the Mapping Data used;
(iv) the operation of the Service is dependent on the tracking unit having access to the GSM/GPRS network or a GPS signal. If the tracking unit is in a location where it cannot get coverage from the network or a GPS signal, then the Service will not be able to locate the unit until such time as it moves into an area with network coverage or capable of receiving such signal;
(v) ViperTrak is not liable to it or any other person for faults or defects that arise in communications services not provided under this Agreement (even if they are connected, with our consent, to the Service which ViperTrak has arranged under this Agreement) which are due to incompatibility with the Service.
(vi) the Products and Services are not failsafe and are not to be used for emergency use where failure of the Product or inaccurate location information could lead to property damage, personal injury or death.
(i) ViperTrak does not warrant or guarantee the accuracy or completeness of that advice, those recommendations or statements or the results obtained through the use of the Products or Services;
(ii) ViperTrak expressly disclaims any liability for damages to you from reliance on such advice, recommendations or statements; and
(iii) such advice, recommendations and statements are relied upon by you at your own risk and you should make appropriate enquiries having regard to your own circumstances.
(i) contravene that statute; or
(ii) render any part of this clause or this Agreement to be void.
(i) makes no representations or warranties concerning fitness for purpose or quality of any Products or Services, and you must assure yourself of these matters having regard to your circumstances;
(ii) expressly negates and excludes all conditions and warranties which might otherwise by implied by law; and
(iii) is not and will not be liable for any claim by you for breach of representation or warranty unless notice is given in writing to us within two days of provision of the relevant Product or Service or within any other time prescribed by this Agreement.
(i) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent Products; or the payment of the cost of having the Products repaired; or
(ii) in the case of Services, the supplying of Services again; or the payment of the cost of having Services supplied again.
(i) due to an act, default, or omission of, or representation made by, any person other than it or its employee or agent:
(ii) due to a cause independent of human control that occurs after the Product leaves its control; and/or
(iii) in relation to the consumer guarantee as to acceptable quality, where the final consumer was aware of, or ought reasonably to have been aware of, any flaw in the Product at the time of purchase.
(i) for Products or Services supplied to a Consumer, is governed solely by the ACL;
(ii) for Products or Services not supplied to a Consumer does not extend to any incidental, indirect, special or consequential loss or damage, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of contracts, loss of goodwill, or loss arising from business interruption arising out of or in connection with the purchase, use, operation or performance of Products or Services or the terms and conditions of this Agreement, even if ViperTrak has been advised of their possibility.
(i) any negligent act or omission or wilful misconduct of the Customer in relation to the use or operation of the Product or Service;
(ii) any breach by the Customer of any term of the Agreement or any policy published on the Website;
(iii) any breach of any Act, law or regulation or use or misuse of the Product or Service, including but not limited to, any breach of privacy or claim of illegality in the use, operation, or access to Products and Services including the collection of location, tracking and monitoring information.
(i) any delay in correcting any fault in the Service; or
(ii) failure or incorrect operation of the Service; or
(iii) any other delay or default in performance under this Agreement;if it is caused by an event beyond our reasonable control, including but not limited to war, theft, wilful or accidental damage, sabotage, act of God, industrial action, embargo, delay or failure or default of a Communications Service Provider, failure of or inability to access the GPS network, or any failure of other suppliers of goods or services to us or you.
(i) the ViperTrak system hosting the Service requires maintenance or upgrading; o
(ii) we have a reasonable belief that the Product or Service is being used unlawfully or contrary to any Act, law or regulation; or
(iii) as a result of an event outside our reasonable control.
(i) the Customer breaches any term or provision of this Agreement, including but not limited to a failure to pay any charges or Hosting Fee, and does not remedy the breach within 7 days of receiving written notice requiring the breach to be remedied; or
(ii) the Customer is made bankrupt, wound up or placed into administration or receivership or suffers any similar event of insolvency; or
(iii) the events leading to suspension under clause 14.1, continue for more than 7 days.
(i) The Customer may terminate this Agreement by giving at least 30 days written notice; or
(ii) ViperTrak may terminate this Agreement by giving at least 30 days written notice.
Vipertrak is part of the BC Group of Companies which also includes Move Yourself Trailer Hire Pty Ltd, Myst Media Pty Ltd, Revtech Motorsport Pty Ltd, BC Trailer Engineers Pty Ltd, and Chilly Billy Mobile Coolrooms (business name owned by Bill Cowie Investments Pty Ltd) ("the Group").
How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions about this Policy or if you have a complaint about the privacy of your personal information. You can contact us using the details shown below.
Collection and Purpose
We or people we authorise may collect, process and store personal information you provide in the course of your use of the Website or in the course of carrying on our business and providing products and services to you. In addition, we also collect cookies from your computer or mobile device, which enable us to tell when you use the Website and also to help customise your website experience. We may also collect personal information during the process of hiring vehicles or in the course of your use of hired vehicles (via vehicle tracking and monitoring systems). We may also collect personal information from other companies you deal with within the Group or in some cases from third party service providers.
The personal information we collect may include your name, date of birth, address and other contact details, Internet Protocol (IP) address, the device used by you to access the Website, payment and transaction details (including information about credit cards used in transactions), and other information relating to your dealings with ViperTrak or the Group.
The purpose for which we collect personal information is to identify you, provide you with the best service experience possible and in order to carry on our business and provide products and services to you. Financial information that we collect is used by us to bill you for products and services. Any financial information that is collected is for the purpose of transaction approval and billing. Vehicle monitoring and tracking information is collected for security of vehicles, compliance with hire terms, provision of products and services, or billing purposes.
We may use or disclose personal information for the primary purpose for which it is collected (e.g. the provision of our services, including administration and billing, notification to you about changes to our services, record-keeping following termination of our services to you and technical maintenance). We may also use and disclose such information for a purpose related to the primary purpose of collection and where you would reasonably expect that we would use the information in such a way. This may also include the use of your personal information to understand your needs and improve our products and services through research, product development and training.
In addition we are permitted to use or disclose personal information to our service providers who assist us in operating the Website, who assist us in operating our hire business, or as required or authorised by law, or to prevent or investigate suspected unlawful activity, or where you have consented to the disclosure.
As an example, we may disclose your personal information to other companies within the Group; IT support service providers; customer or market research organisations; printers, mail service and delivery providers; agents who assist us in the business of hiring vehicles; credit card providers and financial institutions; credit information and debt management agencies such as Dunn & Bradstreet; legal, accounting and other professional advisers; councils, government and other organisations responsible for processing traffic related infringements; insurers, police, and other persons involved in an accident or claim; driver licensing authorities; and government, regulatory, statutory, or law enforcement agencies.
This personal information is only disclosed to third parties outside our business either in circumstances where you have provided express or implied consent, or in confidence, or otherwise where the use or disclosure is authorised or required under Australian law or court/tribunal order.
Access and Correction
You are permitted to access and correct the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us using the details set out in this Policy. For some detailed requests we may charge a fee to cover retrieval costs. There may be some situations where we might not be able to provide some of your personal information. If that occurs, we will provide you with reasons.
Using your personal information to market to you
We and other companies in the Group would like to use and disclose your personal information to keep you up to date with the range of products and services available from us and the Group. Where we can, we will ask for your consent to market to you. We will not market to you if you have declined consent. Other companies in the Group will not market to you if you have declined consent. However, we will not always be able to ask you for your consent. If we have not asked you, we and other companies in the Group will use and disclose your personal information until you tell us or the other relevant Group company otherwise. This includes using your personal details such as your address, email, mobile or other telephone numbers as a means of communicating with you. You may opt out of any direct marketing communications by emailing us at email@example.com or by 'unsubscribe' links in email communications or by calling us on +61 8 8361 5802.
We do not sell, rent, trade or otherwise make available your personal information outside of the Group.
We will endeavour to take all reasonable steps to keep any personal information we collect in relation to you secured. We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.
No data transmission over the internet can be guaranteed to be completely secure. As a result, while we strive to protect users' personal information, we cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and users do so at their own risk. Once we receive your transmission, we take reasonable steps to ensure its security on our systems. However, except to the extent that liability cannot be excluded by statute, we exclude all liability (including in negligence) for the consequences of unauthorised access to your personal information.
You are responsible for keeping any passwords and/or account information secret but please contact us if you become aware of any security breach.
- on +61 8 8361 5802; or
- at firstname.lastname@example.org; or
- by post to 148-150 Port Wakefield Road Cavan SA 5094.
We take complaints seriously and our Privacy Officer will endeavour to respond within 30 days and will work with you to seek to resolve your complaint in a timely manner. As part of this process we may request that you provide us with further relevant information. In the event that you remain dissatisfied, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au or GPO Box 5218 Sydney NSW 2001 or 1300 363 992.
ViperTrak Pty/Ltd will accept Visa and MasterCard
We only accept Australian Dollars and all prices are quoted in Australian Dollers.
We deliver products Australia wide using Australia Post and C.O.P.E Sensitive Freight. Shipping costs are subject to the size and weight of the product and your location in Australia. Accurate shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are dispatched within 2 business days. Freight deliveries are estimated at between 2-7 business days depending on your location within Australia
ViperTrak Pty/Ltd Posts and Freight orders Australia wide.
Please contact us on 1300 779 762 for any enquiries
Please select any Products or Services carefully. We do not generally give refunds if you simply change your mind or make a wrong decision. If in doubt, please contact us to discuss your requirements prior to placing your Order.
Any returns are subject to the obligations (if any) we have under the Australian Consumer Law and the terms and conditions governing the use of these Products or Services.
ViperTrak is committed to providing exceptional customer service and quality products. We endeavour to ensure that all products listed on our website are currently in stock and pricing is correct. Standard deliveries time frames are between 2-7 business days in the event that a product ordered is not available or we are unable to dispatch your order within the time frame we will notify our customer with in 2 business days to arrange an agreeable alternative product or back order.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Website.
This Website is owned and operated by ViperTrak Pty Ltd on the World Wide Web.
The material on the Website is copyright © 2015 ViperTrak Australia Pty Ltd and/or licenced from other copyright owners. By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.