Terms of Service

MapTrack Terms and Conditions of Service

 

This agreement is made between ATB Capital Pty Ltd ACN: 609198601 Level 1, 10/61 Holdsworth St COORPAROO QLD 4151 trading as “Asset Management Solutions Australia” ABN 53609198601 (“AMS”) and the client (“You”).

 

1.0 Introduction and agreement to terms

 

MapTrack is asset management software operated in Australia by AMS. MapTrack operates as a web based Software as a Service (“SaaS”) stored and maintained in the cloud.

 

Your access and use of MapTrack is governed by these Terms of Service which includes our Privacy Policy  (collectively, the “Terms”). The Terms constitute a legal agreement between You and AMS.

 

By accessing and using MapTrack, You acknowledge that You have read, understood, and accepted the Terms and You have the authority to act on behalf of any person or entity for whom You are using MapTrack and You are deemed to have agreed to this Agreement on behalf of this entity for whom will use MapTrack. We may, from time to time, amend the terms published on this page (www.maptrack.com.au/home/terms) so it is recommended You check regularly for updates to the Terms.

 

Headings listed in the terms are for convenience only and do not impact interpretation.

 

2.0 Definitions

 

In these Terms

 

“we”, “our” and “us”,  means AMS

 

“user” means any user of MapTrack

 

“mobile application” means the “AMS MapTrack” application for Android and iPhone as available on the Google Play Store and iTunes App Store

 

“MapTrack” and “the service” means the web-based software found at http://www.maptrack.com.au, https://www.maptrack.com.au and the mobile application

 

“account” means a MapTrack account with username and password

 

“limited user” means a non admin user of MapTrack which does not have the ability to control other user accounts

 

“admin user” means master user for a MapTrack account which has control of ‘limited users’

 

‘Authorised Users’ means all users including admin users and all limited users for which the admin user/s create and manage.

 

“data” means information stored on an account including but not limited to asset groups, assets, users data, tags, pictures

 

“plan costs” means the monthly price payable for a MapTrack account relative to a chosen plan

 

“Intellectual Property Rights” means any patent, copyright, trade mark, trade name, design right (registered and unregistered), know-how, trade secrets, database rights, in any jurisdiction, whether now existing or coming into existence at some future date, any application for any of the above, and any accrued rights of action in respect of any of the above.

 

“technical support” means support provided by AMS relative to a selected support plan

 

"Implementation Services" means all services required to technically prepare MapTrack for operational use; this includes setting up the Service to meet technical system requirements and technical parameterization of the Service.

 

"Professional Services" means Implementation Services, consulting, and other provided services in connection with the MapTrack as agreed upon between AMS and You in a Work Order and provided under the additional terms of AMS’s Professional Services Agreement. You can obtain a copy of AMS’s Professional Services Agreement by contacting: legal@maptrack.com.au

 

“Work Order” means an agreement between You and AMS in writing or by AMS sending You a Work Order proposal by e-mail and You accepting this proposal. Each Work Order hereto will form an agreement separate from all the other Work Orders and each Work Order shall be subject to the terms of AMS’s Professional Services Agreement.

 

3.0 Purpose

 

3.1 In using MapTrack, You may not:

(i)    use the service in a way that harms us or our affiliates

(ii)   use any part of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);

(iii)  use any unauthorized means, to attempt to modify or reroute MapTrack; or

(iv)  damage, disable, overburden, or impair MapTrack (or the network(s) connected to MapTrack) or interfere with another parties use of MapTrack.

 

3.2 MapTrack is to be used solely for business purposes and under the business which the account is registered.

 

You shall not:

 

(i)   license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare, offer in a service bureau, or otherwise make MapTrack available to any third party, other than to Authorized Users;

(ii)  use MapTrack in violation of applicable Laws; or

(iii) send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights.

 

Further, You shall not:

 

(iv)  knowingly send or store Harmful Code;

(v)   knowingly interfere with or disrupt performance of MapTrack or the data contained therein; or

(vi)  attempt to gain unauthorized access to the service or its related systems or networks.

 

3.3 MapTrack is not designed, or any part of them intended for use in hazardous environments requiring fail-safe performance (such as, without limitation, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support machines, or weapons systems) in which the failure of the service could lead to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Accordingly, You agree to:

 

(a) not to use the Services and or its hardware (such as asset tags) with respect to any High Risk Activities and;

 

(b) to indemnify AMS and its suppliers from all losses, claims, damages, costs, legal fees and other expenses relating to such High Risk Activities.

 

4.0 Access & Billing

 

4.1 You will be billed for your plan costs monthly. If your account falls into arrays we may, at any time, cancel your service and delete all data related to your account.

 

4.2 As a SaaS solution we may change the pricing of the service from time to time but You are given 30 days’ notice before any writing changes. If you do not agree to these changes and wish to cancel your account then you must notify AMS in writing and your account will terminate at the end of your current billing period.

 

4.3 You can cancel the service at any time and without reason by methods outlined in clause 4.2.

 

4.4 Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.

 

4.5 The service does not include Internet data; You are responsible for paying the costs charged by your Internet Service Provider (ISP).

 

4.6 AMS grants the right to access and use MapTrack as long as You pay plan costs. This right is non-exclusive, limited by and subject to these terms.

 

4.7 Access to the service is subject to change and AMS reserve the right to withdraw or amend the services at any time and for any reason and without prior notice. We are not liable if for any reason our service is not available for any period. We aim to notify users of any significant changes to the service.

 

4.8 You must ensure that all usernames and passwords required to access the service are kept secure and confidential. If You are an admin user and You believe that your username and password has been compromised then You must contact AMS immediately for your credentials to be reset. AMS is not responsible for data loss or misuse of the service due to a security breach.

 

4.9 You indemnify AMS against: all claims, costs, damage and loss arising from your breach of any of the Terms or any obligation You may have to AMS, including any costs relating to the recovery of any plan costs that are due but have not been paid by You.

 

4.10 All fees, costs and professional services are a quoted and payable in Australian Dollars.

 

5.0 User agreement

 

5.1 If You are an admin user You have the ability to create, delete or change your own and limited user accounts. It is your responsibility as an admin user to ensure that only Authorised Users have access to MapTrack and that all such use is compliant with the Terms.

 

5.2 If You are a user with a limited role (‘limited user’), then the admin user has full control over your account. This control includes the right to close your account, alter your account at any time, and, in some cases, to request and receive device and service use information related to your account. The admin account owner can also view or change your settings.

 

5.3 You are responsible for your own and your Authorised Users' use of MapTrack.

You shall:

  1. have sole responsibility for the accuracy, quality, and legality of all data as provided initially to AMS by You or anyone on your behalf (excluding any inaccuracy, deficiency or violations of Law attributable to AMS’s acts and omissions); and

  2. use reasonable efforts to prevent unauthorized access to, or use of, MapTrack and agree to promptly notify AMS of any such unauthorized access or use.

 

6.0 Warranty

 

We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the service. AMS gives no express warranties or guarantees excepting those provided to You under the Australian Consumer Law in the Competition & Consumer Act 2010 (Cth).

 

7.0 Intellectual Property & Data

7.1. General:

 

Title to, all Intellectual Property Rights for MapTrack  and any documentation relating to the Service remain the property of AMS (or its licensors).

7.2. Ownership of Data:

 

Title to, all Intellectual Property Rights for data remain your property. However, your access to the Data is contingent on full payment of the plan costs when due. You grant AMS a licence to use, copy, transmit, store, and back-up your information and data for the purposes of enabling You to access and use the service and for any other purpose related to provision of the service to You. This licence is without limitation to AMS’s right to create anonymised data compilations or similar works.

7.3. Backup of Data:

 

You must maintain copies of all data inputted into the Service. AMS adheres to its own internal best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. AMS expressly excludes liability for any loss of data no matter how caused.

7.4. Accuracy of Data:

 

When You input any data onto the Website You agree and acknowledge that You are responsible for ensuring the accuracy of such data.  AMS is under no obligation to ensure that your data on the Service is an accurate representation of your actual business data and recommends that You take all steps necessary to ensure your data represents an accurate representation of your asset register.

 

8.0 Professional Services

 

8.1 You may, from time to time, request that AMS provide You with additional services in relation to the MapTrack which may be offered by AMS including, but not limited to, auditing, data entry, training in the use of the MapTrack, advice for best practice, ways to use MapTrack, Implementation Services, and other services in relation to MapTrack (‘Professional Services’).

 

8.2 Any provision of Professional Services by AMS to You will be at AMS’s sole discretion and require additional fees payable by You to AMS.

 

8.3 Professional Services provided to You shall have no effect on the monthly licensing cost for MapTrack required to pay AMS. If You decide to discontinue using MapTrack, You shall not be entitled to any refund for Professional Services. All modifications made to MapTrack as part of Additional Services provided shall remain the sole property of AMS.

 

8.4 Professional Services provided by AMS will be subject to AMS’s Professional Services Agreement to be signed by You before a Work Order is approved by AMS. AMS will only complete the work to the extent outlined in the Work Order.

 

9.0 Indemnity & Liability

9.1 You will be liable for and agree to indemnify, defend and hold AMS harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

(i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;

(ii) any breach of this Agreement;

(iii) any misuse of the Service; from or by You, your employees, contractors or agents;

(iv) any service downtime;

9.2 In no event shall AMS be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages or for loss of data, revenue or profits (excluding a single month of MapTrack plan costs), use or other economic advantage arising out of, or in any way connected with this agreement, including but not limited to the use or inability to use the products and or services, or for any content obtained from or through the products and or services, any interruption, inaccuracy, error or omission, regardless of cause in the content, even if the party from which damages are being sought or have been previously advised of the possibility of such damages.

 

9.3 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the MapTrack and/or Professional Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates problems with the service.

 

9.4 The obligations under this clause will survive termination of this Agreement.

 

10.0 Support

 

10.1 AMS provides all MapTrack customers email support during business hours. Pro and Enterprise customers also receive business hours telephone support and after hours telephone and email support for emergencies.

 

10.2 Business hours support is provided during the hours of 8.30 am to 5.30 pm Monday to Friday, excluding public holidays. Support requested outside business hours is subject to additional costs unless provided in your contract with AMS.

 

10.3 AMS will provide support within a reasonable timeframe, depending on the severity of the issue, and at the discretion of AMS.

 

11.0 Force Majeure

 

11.1 AMS will not be in breach or default of any provision of these Terms by reason of delay or failure to meet any of its obligations due to any extreme event, circumstance, or cause beyond their reasonable control such as, but not limited to, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, Internet service provider failures or delays, failures of telecommunication, or denial of service attacks.

 

12.0 Governing Law and Jurisdiction

 

12.1 This Agreement is governed by and construed in accordance with the laws of Queensland and each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland.

If you have any questions or concerns about these Terms of Service please contact: legal@maptrack.com.au.

 

For questions related to accounts & billing contact: accounts@maptrack.com.au

© 2020 Asset Management Solutions Australia ABN 53609198601 ACN 609198601