13.49The voluntary warranty in clause 13.48 does not apply if:
(a)any person has misused the Navman Wireless Solution or used it in a manner not expressly permitted by any documentation relating to the Navman Wireless Solution; or
(b)if any unauthorised attempt has been made to repair, replace, modify or maintain the Navman Wireless hardware.
13.50We do not provide any warranties in respect of Navman Wireless devices or accessories (or any other equipment) that you purchase from a third party. You should check with the third party directly for the terms and conditions of any warranty offered by them in respect of Navman Wireless devices or accessories or other equipment purchased from them.
13.51The benefits conferred by the express voluntary warranty are in addition to other rights that are available to you under Australian consumer protection laws which cannot be excluded. Except as expressly set out in these terms and conditions and subject to other non-excludable rights under Australian consumer protection laws in relation to our express voluntary warranty:
(a)we exclude all representations, conditions and warranties (whether express or implied) relating to the Navman Wireless Solution;
(b)neither we nor Navman Wireless will be liable in contract, tort or otherwise for any indirect loss or damage (including any consequential loss or loss of profits) suffered or incurred by you arising out of or in connection with your use of the Navman Wireless Solution; and
(c)our liability to you for all claims for damages in connection with your Navman Wireless Solution will be limited (where it is fair and reasonable for us to do so) to whichever is the greater (in value) of:
(i)the total amount paid by you to us in connection with your Navman Wireless application in the three months prior to your claim; or
14.1The Xora TimeTrack Solution uses the location capabilities of a properly configured and compatible mobile device (Mobile Device) to transmit the approximate location coordinates of that mobile device to Xora, Inc's (Xora's) server. The Xora TimeTrack Solution enables you to access a website (hosted and operated by Xora) where you can view certain information about the movements of Mobile Devices. The type of information available to you via this website depends on the service option selected by you (as described in sections 14.2, 14.3 and 14.4 below).
14.2Xora TimeTrack Lite is a web-based application that allows you to access:
(a)information about the current location of a Mobile Device; and
(b)information which outlines the movements of a Mobile Devices over the last 30 days.
(b) Xora TimeTrack Business Plus
14.3Xora TimeTrack Business Plus includes the following capabilities:
(a)advanced location functions that enable you to access information about the location and movement of multiple Mobile Devices at the one time;
(b)advanced job management functions that enable you to access information about travel times and job start and end times and allows the user of a Mobile Device to submit details of their working hours from their Mobile Device;
(c)job dispatching capability which enables you to dispatch certain job information to a user of a Mobile Device;
(d)additional data functionality that enables a user of a Mobile Device to capture certain information using a Mobile Device; and
(e)data integration functionality with existing customer back office systems such as payroll.
(c) Xora TimeTrack Gold
14.4Xora TimeTrack Business Plus includes the capabilities of Xora TimeTrack Business Plus as well as the further enhanced functionality of:
14.5You are only eligible for the Xora TimeTrack Solution if you have an ABN, ACN or ARBN.
What do you need to access the Xora TimeTrack Solution?
14.6To use the Xora TimeTrack Solution, you will need to:
(a)purchase a compatible Mobile Device for each of your users;
(b)purchase a licence from us for the Xora TimeTrack Lite, Xora TimeTrack Business Plus or Xora TimeTrack Gold application on either a 12 month or a casual basis (each a Xora Application) for each of your Mobile Devices;
(c)if you licence the Xora TimeTrack Business Plus or Xora TimeTrack Gold - application from us, download and install the application on each Mobile Device;
(d)connect each Mobile Device to an eligible post-paid Telstra mobile voice plan; and
(e)connect each Mobile Device to an eligible GPRS, 3GSM or Next G mobile data plan or choose to receive GPRS, 3G or Next G packet data from us at the Pay As You Go rate associated with your Telstra mobile voice plan.
14.7If you purchase Xora TimeTrack Standard or Xora TimeTrack Gold application licences from us, you understand that your applications will be distributed to you or the users of you Mobile Devices by Xora acting as our agent for this purpose. We will tell you the method of distribution at the time of your order.
