34.23You agree that all applicable Hardware ETCs and Software ETCs are a genuine pre-estimate of the loss we are likely to suffer.
Additional terms
Helpdesk
34.24You can contact us by telephone for support or with questions on your Securatrak Solution.
34.25If we cannot resolve the queries you raised under clause 34.24 above, we will refer your queries to Securatrak support.
34.26Securatrak will also operate a helpdesk that you may contact by email (telstra@securatrak.com.au) or telephone (1300 853 852) for support in relation to your use of the Securatrak Solution. The Securatrak Helpdesk will operate 8.30 am to 7 pm AEST Monday to Friday.
Installation
34.27You must properly install and configure the hardware or engage Securatrak (or any other certified auto-electrician who holds all requisite qualifications in Australia to install and configure the hardware where required. We are in no way responsible for the installation or configuration of the hardware, except in relation to Mobileye hardware, which we may install. The cost of installation is not included in the hardware price for this option, unless otherwise stated. Securatrak or your chosen third party will bill you separately.
34.28In order to obtain the benefit of the voluntary warranty in clause 34.42, where professional installation is required, your relevant device or unit must be installed by Securatrak or a person recommended by Securatrak or any other certified auto-electrician who holds all requisite qualifications in Australia. Also, you must make the Securatrak Hardware available for inspection and repair, at premises nominated by us, acting reasonably.
34.29We are not responsible for the installation or configuration of Securatrak Hardware, by Securatrak or any third party, or are otherwise liable for any acts or omissions (including negligence) of the installer.
34.30You will be provided with a unique username and password for the Securatrak Software, which are required for your use of the Securatrak Solution.
34.31Your unique username and password will expire upon termination of your Securatrak Solution.
34.32You agree and acknowledge that you are responsible for the security of your unique username and password.
Security of data
34.33You understand that you are responsible for the security and integrity of the data transmitted between your Securatrak Hardware and the Securatrak Software.
34.34You understand that data transmitted over the Telstra Mobile Network or the Iridium satellite network using the Securatrak Solution may be intercepted by third parties without our knowledge (or the knowledge of Securatrak).
34.35If you require additional security for your data, please contact your authorised Telstra or Securatrak representative.
(a)not disclose any usernames and passwords related to your Securatrak Solution to an unauthorised third party;
(b)take all reasonable steps to prevent any unauthorised access to the Securatrak Software and Securatrak' website; and
(c)maintain all copyright notices on the Securatrak Software licence(s) (and associated documentation) provided to you.
34.37You must:
(a)comply with any terms and conditions on which Securatrak provides you with any part of the Securatrak Solution;
(b)comply with the reasonable directions of Securatrak from time to time regarding the use of the Securatrak Solution; and
(c)not use any equipment in connection with the Securatrak Solution that has not first been approved, in writing, by Securatrak.
34.38You agree to indemnify Securatrak and us for any direct or indirect loss, expense or damage which we may incur as a result of any breach of your obligations in clause 34.10.
34.39You understand that:
(a)if you download or access any data, information, files or other materials from Securatrak’s website you do so at your own risk;
(b)the functionality of the Securatrak Solution may be restricted by the functionality and limitations of our mobile network, global positioning systems and the Internet and may not be available in all areas or circumstances or at all times;
(c)successful use of the duress function using the dash duress and remote pendant products is subject to Telstra Mobile Network availability (and where applicable, Iridium Satellite availability) and may not be available in all areas or circumstances or at all times;
(d)duress notifications via the dash duress and remote pendant products will be sent to you via the Securatrak software or via email or SMS to your nominated contact (where you have set up this feature) and you are responsible for monitoring the Securatrak software for alerts and notifications as neither Telstra or Securatrak will monitor your use of the Securatrak GPS Tracking Solution.
(e)the Securatrak Hardware (including the dash duress and remote pendant products) are not a substitute for the Emergency Services or calling “000” where required;
(g)we are not providers of the Iridium satellite service and we have no control over its provision or operation;
(h)Securatrak or its licensors own all intellectual property rights in the Securatrak Software, Securatrak Hardware and any associated documentation; and
(i)it is your responsibility to ensure that your use of the Securatrak Solution complies with any relevant privacy obligations.
34.40In addition to your non-excludable rights under Australian consumer protection laws, we expressly and voluntarily warrant that the Securatrak Software provided to you will substantially function in accordance with its specifications (as described in the documentation provided to you in connection with your Securatrak GPS Tracking Application) for the term of your licence. However, you understand that the Securatrak Software may have minor or inherent defects. If there is a defect in your Securatrak Software, Securatrak will (at no cost to you and in addition to any other rights you have under consumer protection laws) provide remedial services to correct any errors which are caused by a defect in an unmodified Securatrak Software.
