34.41You agree that from time to time Securatrak may update to the Securatrak Software.
34.42In addition to your rights under Australian consumer protection laws which cannot be excluded, and subject to clauses 34.43, 34.44 and 34.45:
(a)we expressly and voluntarily warrant that the Securatrak Hardware will be free from Defects for 36 months from the date the Securatrak Hardware is installed; and
(b)for the purpose of this voluntary warranty, “Defects” means:
(i)any material fault, failure, degradation, deficiency or error in the Securatrak Hardware; and
(ii)any functionality or performance of the Securatrak Hardware or not in accordance with the specifications applicable to the Securatrak Hardware.
34.43The voluntary warranty in clause 34.42 does not apply if:
(a)any person has misused the Securatrak Solution or used it in a manner not expressly permitted by any documentation relating to the Securatrak Solution; or
(b)if any unauthorised attempt has been made to repair, replace, modify or maintain the Securatrak Hardware.
34.44We do not provide any warranties in respect of Securatrak devices or accessories or add-ons (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 Securatrak devices or accessories or other equipment purchased from them.
34.45The 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 Securatrak Solution;
(b)neither we nor Securatrak 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 Securatrak Solution; and
(c)our liability to you for all claims for damages in connection with your Securatrak 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 Securatrak Software licence(s) in the three months prior to your claim; or
(ii)for replacing the Securatrak Hardware, the repair of the Securatrak Hardware.
34.46The exclusions and limitations set out in clause 34.45 are subject to any:
(a)terms, conditions or warranties that are implied by law; or
35.1The Sendum Asset Monitoring Solution (“Sendum Solution”) uses the Telstra Mobile Network to provide a near real time multi-sensor solution that enables you to monitor the in-transit conditions of your packages or assets. It provides information on the location and condition of your packages or assets (e.g. temperature, vibration, humidity and light) to an online portal by which you can view this data. Customisable triggers and alarms can be preset or changed while your packages or assets are in-transit so that action may be taken before your packages or assets are damaged or permanently lost for example.
35.2The functionality available to you via a Sendum Solution depends on the options selected by you (as described in sections 33.3, 33.4 and 33.6).
Availability
35.3To take up the Sendum Solution, you will need:
(a)one of the following:
(i)the Sendum Asset Tracker PT300D (“Sendum Device”) set out in the table in section 33.6; or
(ii)the Sendum Device together with an accessory pack (“Sendum Accessory Pack Kit”) set out in the table in section 35.6 and
35.4If you purchase the Sendum Device, you may also choose to purchase an optional range of accessories set out in the table in section 33.6.
35.5The Sendum Device and optional range of accessories are the “Sendum Hardware”.
35.6For the purposes of section 33.5 above, Sendum Hardware includes:
Hardware
Description
Device
Sendum Asset Tracker – PT300D
A small, portable and reuseable 3G device that can be discreetly attached to your assets or packages as a near real time location tracking device
Sendum Accessory Pack Kit
A small, portable and reusable 3G device that can be discreetly attached to your assets or packages as a near real time location tracking device, providing the option for extended battery life > 15 days.
Optional Accessories
Single Port Charge Accessory – 5VDC1000/USB
Single USB charger suitable for connecting and charging a portable device
Multi Port Charge Accessory – 7 Port charger
Compact 7 port USB charger suitable for connecting and charging up to 7 devices
Sendum Sensor Battery Pack (SBP)
A Sendum Battery unit which clips into the Sendum PT300D module
Sendum Accessory Pack (AP)
The device is a plug and play with Sendum PT300D module.
Can be designed for use with a power source or external battery. Power source or external batteries must be purchased separately and will be billed directly by M2M Connectivity.
