Richard Mason – GPS Boss

Solve Your GPS Tracking Problems Today!

Yesterday our client recovered their $10,000 trailer that had been stolen within hours of enabling Asset Recovery Mode. The police were successful in arresting the thieves and thanks to our client’s tracker found a trove of other stolen assets. This just proves to us again that GPS tracking is a profit centre, not a cost […]

Nice RFID Driver ID Installation!

This client has 16 vehicles driving all over the place. The only way to keep efficient control over who was driving on which day is to implement a Driver ID solution. Here is an installation we just complete at the Dealer’s yard. Our RFID reader sits nicely in this vehicle – functional, yet out of […]

Two Trackers Saves Client $32,000 In Stolen Equipment – Returned Within 3 Hours!!

We had another good recovery result this morning. Our client called at 9.03am and said that his trencher and trailer had been stolen off a construction site. The trencher had a Dart2 hardwired tracker with full tracking so we got a turn-by-turn track of every movement they took when they stole the unit at 2.57am […]

Customer Agreement

We, Red Square Properties Pty Ltd trading as GPS Boss ABN 24 431 380 164, a registered company incorporated in the State of Victoria, Australia, will provide you with the Location Tracking Service “GPS Boss” in accordance with the terms and conditions, set forth in this document. This agreement constitutes a valid and binding agreement between Red Square Properties Pty Ltd trading as GPS Boss and You, as a user, for the use of the GPS Boss website and software.

Your access to and use of the GPS Boss website and software is conditional based on you agreeing to the terms and conditions set in this agreement. By installing and using, the GPS Boss Software and accessing the GPS Boss location tracking service you agree to be bound by the terms of this Agreement and any new versions hereof.

Definitions

Contract	means this agreement
Red Square Properties, GPS Boss	means Red Square Properties Pty Ltd trading as GPS Boss, PO Box 6244, Highton, 3216, Victoria, Australia.
Information	means all material delivered by us through the Website
locator, tracking hardware, locating unit, unit, device	means the location tracking device
GPS	means the Global Position System
Service	means the GPS Boss Location tracking service
we, us, our	means Red Square Properties Pty Ltd trading as GPS Boss
SMS, message	means a text message from the service to you or a message received by the service for you
location, position	means a latitude and longitude corresponding with the physical location of a location tracking device
software, mobile software	Collectively all or any software provided by GPS Boss service that provides the GPS Boss user access to GPS Boss location tracking service
Map, plot	means a graphical representation of a geographical map
Website	means the relevant website situated at www.TheGPSBoss.com.au or https://gpsboss.telematics.guru/
you, your, yourself	means you, the Service end user

Your Agreement with Us

(a) By using the Service, you agree to be bound by the terms of this Agreement.
(b) This Agreement begins on the date on which:
- (i) you create an account with GPS Boss location tracking service that is linked to an active location tracking unit or software bought from us.
- (ii) you buy location tracking credits from us for a tracking unit/s or mobile device registered with us.

Pre-requisites to using the GPS Boss Service

(a) You need to have an active account on the GPS Boss website and a location tracking device programmed specifically to the GPS Boss tracking service.
(b) Unless a SIM card is provided by us, you need to have a valid SIM card that does not have a PIN protection for the tracking unit we provide you. We may require you to use a SIM card from a specific telecom provider as not all telecom providers may be able to provide the quality of service required by this tracking service.
(c) You have an Internet connection available to you to access the location reports and/or change your location tracking configuration.
(d) If you provide your own SIM card, you are responsible for ensuring compliance with the SIM card Provider’s terms and conditions, and you indemnify us for any loss or damage that we may suffer as a result of your breach of this clause 2(d).
(e) You have a compatible mobile phone with a compatible telecom provider in order to access location data and system alerts.

Restrictions on use

(a) You must not:
- (i) use the GPS Boss service in any way that would violate any applicable law;
- (ii) collect any information or communication about the Service or users of the Service or the GPS Boss Software by monitoring or intercepting any process of the Service or the GPS Boss Software;
- (iii) remove any proprietary notices from the Service, GPS Boss Software or any copy;
- (iv) cause, permit or authorise the modification, creation of derivative works, translation, or copying of the GPS Boss Software or the Service;
- (v) You will not sell, assign, rent, lease, distribute, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the GPS Boss Service or Software, to any other person without our prior written consent;
- (vi) decompile, disassemble, reverse engineer or hack the GPS Boss Software or to overcome any encryption, technical protection or security methods implemented by us with respect to the GPS Boss Software and/or data transmitted, processed or stored by us or other users of the GPS Boss Software;
- (vii) use location tracking illegally to track anybody without his/her consent.
- (viii) attempt to do anything referred to in this clause.
- You indemnify us for any loss or damage we may suffer as a result of you breaching any of your obligations under clause 3(a).
(b) We reserve the right to investigate occurrences which may involve violations referred to in, or breaches of, clauses 3(a). We may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations or breaches.

Our Service

We will use reasonable endeavours to make our Service available to you at all times. However, the quality and availability of our Service may be affected by factors outside of our reasonable control (for example, without limitation, weather, power services, and faults in phone networks or other third party providers). As a result, the GPS Boss Software and the Service are provided “as is” and we do not represent or warrant that the GPS Boss Software or the Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error‐free, or will operate without data loss, nor do we warrant any particular quality of messages sent to or through the GPS Boss Software or the Service.
We as a location service provider, contract with several third parties including mobile telephony service providers, digital map providers, and Internet hosting providers for facilities to enable the provision of the Service to you.
SMS is a store and forward technology. Network bandwidth and congestion can affect the delivery time of SMS communication and sometimes the SMS may never reach the destination.
GPS is a line of sight technology. Physical placement of the tracking device, tall buildings, signal reflection and electronic jamming will affect the accuracy or acquisition of a GPS signal by the tracking device.
As such components of the Service are supplied to us by third parties, we can make no promises or warranties, express or implied as to the Service, including without limitation, its accuracy, relevance or quality.
The Service is subject to the limitations of the enabling technology on which it relies and may be adversely affected by operational factors beyond our control such as network congestion, network coverage, undelivered SMS messages, GPS availability, Internet connections and the performance of your location tracking device or mobile phone
You acknowledge that:
- (a) Due to transient nature of the Internet, the Service may be unavailable temporarily.
- (b) SMS text messages, or email messages may be delayed and sometimes not delivered.
- (c) There may be location errors either because of the GPS data or because of typographic errors in map data.
- (d) The Service is dependent on tracking unit having access to the GSM network. If you are in an area where you cannot obtain GSM coverage, then you will not be able to use the service to locate the unit in such areas.
- (e) We are not liable to you or any other person for faults or defects that arise in telecommunication services not provided under this Agreement even if they are connected with our consent, to the Service which we have arranged under this Agreement which are due to incompatibility with the Service.

Your account

(a) If you change the SIM card of the locating device you must let us know before you do that, as it may make the tracking service unavailable to you for the duration in which the system is reset.
(b) You may have one or more accounts with one or many locating tracking devices associated with each account.
(c) If you have more than one account we may, at our option, suspend or terminate all your accounts with us if you are in breach of your obligations under any account and that breach is not rectified.
(d) Without limiting clause 4(c), if you have more than one account with us and you are in arrears in payment of any of your accounts, we may, at our option, recover any amounts outstanding on any of your accounts from any of your accounts that have positive balances or charge you for the use of our Service on your other account.
(e) You must tell us about any change in your address or other details you supply us. If we ask you for information about you or your account for the purpose of operating the Service, then you must provide it.
(f) We will store location data per unit for up to 90 days. Location data over 90 days will be over written.
(g) The security of your Username and Password we allocate you is your responsibility

Charges and payment

(a) Any payments due under Agreements between Red Square Properties Pty Ltd trading as GPS Boss and the Customer will be paid via Bank Transfer or the credit card of the Customer’s choice within the time frame stated on the invoice.
(b) Unless GPS Boss is otherwise advised, renewal when due amounts may be debited automatically.
(c) Our price list (which may be updated from time to time) is available upon request and contains all Charges for our Service. If any update or change is made you will be advised with 30 days prior written notification.
(d) In addition to any Charges for our Service, you are responsible for paying any fees and charges to your SIM card Provider to enable you to use the Service and for any fees or charges they may charge you arising out of your use of the Service.
(e) You are responsible for all Charges on your account, regardless of whether they have been incurred by you personally.
(f) You will be liable for all Charges relating to use of your account until you notify us and request us to suspend the Service to that account.
(g) Goods and services tax (“GST”) is included in the Charges, where applicable. All other taxes (if any) are payable by you and will be added to all applicable Charges.
(h) You will be charged for sending location tracking messages and status messages at the time the message is sent, regardless of when or whether the message reaches the GPS Boss control or database.
- (i) The customer may terminate this agreement by giving GPS Boss at least 30 days prior written notice following:
- (i) 24 months service in the case of a monthly option
- (ii) at the renewal date of a quarterly or annual service agreement
Should written notice not be received the contract will automatically be extended and payment will be due.

Liability

(a) The Service and the GPS Boss Software is intended for location tracking use only and accordingly, subject to clause 7(c) below, we (which term includes our affiliates, related bodies corporate, officers, directors, employees, agents or service providers) accept no liability under or in relation to this Agreement or its subject matter whether in contract, tort (including negligence), under statute or otherwise for any loss of or damage to business or reputation, loss of revenue, loss of profits, loss of opportunity, loss of advantage, loss of use of any software or data, loss of use of any other equipment, loss of use of the system on which the Service or the GPS Boss Software is used, or indirect special or consequential loss or damage. In this clause the term “loss” includes a partial loss or reduction in value as well as a complete or total loss.
(b) Subject to clause 7(c) below, to the extent permitted by law we exclude all liability to you or any other person claiming through you, for any costs, loss, expenses, liability or damage, regardless of the form of action, whether in contract, tort (including negligence), under statute or otherwise, and whether arising from our (or our agents’) performance or non-performance of our obligations under this Agreement.
(c) Nothing in this Agreement excludes your rights as a consumer arising from the terms implied by the Trade Practices Act 1974 or similar legislation, however, our liability for breach of those implied terms will be limited to:
- (i) In the case of goods supplied:
  - (A) the replacement of the goods or the supply of equivalent goods;
  - (B) the repair of the goods;
  - (C) the payment of the cost of replacing those goods or of acquiring equivalent goods; or
  - (D) the payment of the cost of having the goods repaired; or
- (ii) In the case of services supplied:
  - (A) the supplying of those services again; or
  - (B) the payment of the cost of having those services supplied again.
  - (C) We are not liable to you or any other person for faults or defects in the Service or the GPS Boss Software which are caused by your own conduct or misuse. Our liability to you in contract, tort (including negligence), under statute or otherwise, will be reduced by the extent (if any) to which you caused or contributed to the loss or damage.
  - (D) This clause will apply even after this Agreement is terminated.

Indemnity

You agree to indemnify us and our affiliates, related bodies corporate, officers, directors, employees, agents and service providers at your expense, against any claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by us arising out of or relating to your:
(a) breach of any term of this Agreement or any policy or guidelines referred to in it, or
(b) use or misuse of the GPS Boss location tracking Service or Software.

Suspending our Service

We may suspend your use of the Service, at our sole discretion without notice, if:
(i) we decide that the Service needs maintenance or upgrading;
(ii) you are in breach of this Agreement.

Termination

(a) You can terminate this Agreement at any time for any reason by notifying us in writing in accordance with Para 6(i) above.
(b) We may terminate this Agreement immediately if:
- (i) you do not pay a subscription by the due date as required under clause 6;
- (ii) you become bankrupt, a trustee is appointed over, or warrant issued against your assets, or if you enter into any composition with your creditors;
- (iii) your SIM card telecom provider or Network is no longer compatible with our Service;
- (iv) we are ordered by a government agency to cancel the Service.
(c) If this Agreement is terminated for any reason, you will not be able to use the Service and you will forfeit any credits remaining on your account.
(d) Upon termination of this Agreement for any reason:
- (i) the provisions of clauses 7, 8, and 13 and any other clauses which by their nature should survive, will survive the termination of this Agreement.

Your information and privacy

(a) The Privacy Policy on our Website explains how we will handle your personal information.
(b) Your password, code or personal identification number (PIN) we give you to use our service must be kept confidential

License to use GPS Boss mobile Software

Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-sub licensable, non-assignable license to download, install and use the GPS Boss Software onto a Mobile Phone for your sole use and for the sole purpose of using the GPS Boss Service supplied by us. The GPS Boss Software may only be used in connection with the GPS Boss location tracking Service.

Intellectual Property Rights

(a) You acknowledge that we retain all intellectual property rights (including, without limitation, rights protected by laws relating to copyright, patents, trade secrets and trademarks) relating to the Service and the GPS Boss Software, the design or operation of the Service and the GPS Boss Software, any modification or enhancements to the GPS Boss Software, and any other technical information relating to the provision of the Service and the GPS Boss Software (“Intellectual Property Rights”). Except for the limited license granted to you, we reserve all rights, title and interest in and to the GPS Boss Software and the Service.
(b) You must keep any information you receive relating to our Intellectual Property Rights confidential, and you must not allow any written or electronically recorded material to be copied or disclosed to another person, including after termination of this Agreement.
(c) You will not use information which you acquire from us for any purpose that is not authorised by us in writing.
(d) You must not do anything that would jeopardise, damage, limit or interfere with our Intellectual Property Rights or our interest in them.

Acts beyond our reasonable control

Without limitation to clause 7, we are not liable for:
(a) any delay in correcting any fault in the Service;
(b) failure or incorrect operation of any Service; or
(c) 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, accident, act of God, industrial action, embargo, delay or failure or default by your Mobile Phone Provider or any other supplier of goods or services to us or you.

Service failures

The client accepts that neither GPS Boss, its agents nor employees will be held liable for any service failures resulting from any failure of the telecommunications network, Internet Service Provider network that acts as the carrier of the GPS Boss service, failure of the mobile handset, device or related equipment including mobile handset or device batteries.
GPS Boss, it’s agents, employees and partners cannot be held liable for any failure to the system where that failure is outside of the control of GPS Boss as described in relation to networks, ISP’s and devices not supplied by GPS Boss.

General

(a) We can vary the terms of this Agreement at any time, including, without limitation, by changing the Service. If we do this and the change is to your detriment, we will place a notice on our Website or by other means permitted by law. Your continued use of the Software and/or the Service constitutes your acceptance of these revised terms.
(b) You must not transfer your account or assign any of your rights and responsibilities under this Agreement without our prior written approval. We may assign any of our rights and obligations at any time.
(c) If any term of this Agreement is invalid or unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain valid and effective.
(d) You acknowledge that you enter into this Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this Agreement.
(e) Any failure or delay by us at enforcing a provision of this Agreement does not affect our right at a time to enforce that or any other provision.

Governing Law

This Agreement is governed by and construed in accordance with the laws of Victoria, Australia and the Courts of Victoria, Australia shall each have non-exclusive jurisdiction over all disputes relating to this Agreement

Terms & Conditions

OVERVIEW

This website is operated by GPS Boss. Throughout the site, the terms “we”, “us” and “our” refer to GPS Boss. GPS Boss offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Our Privacy Policy is available on our website (www.TheGPSBoss.com.au).

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall GPS Boss, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Your GPS Boss product has a 1 year warranty from the date of purchase when used under normal conditions including cared for appropriately and maintained correctly. At our discretion GPS Boss may repair or replace with new and /or refurbished parts to at least the value of the replacement device.

The warranty doesn’t cover:

– Water infiltration or evidence of water infiltration.

– Damage to the recharge connection point from where the charging cable has/was forcibly and incorrectly inserted and/or recklessly removed.

– Accident Damage by misuse ,flood water infiltration ,fire ,earthquakes ,accident.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless GPS Boss and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us by e-mail to: theboss@TheGPSBoss.com.au

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