Terms and Conditions of Purchase and Use Terms and Agreement of Sale of Bizzow products, and Bizzow Software Hosting and provision of mobile, SMS and/or 3G and 4G Data Services (Subscription Fees). Below is what you need to know
1. FAIR GO POLICY: When you place your order with Bizzow, we will program your GPS devices and other peripherals, connect to a mobile phone data sim card account and configure the basic operations of your software. We do not charge for this service; however, it does take up considerable resource and upfront costs with third parties which we do not charge you. We also supply the GPS products and any peripherals significantly below suggested retail price and recover our costs as a portion of your monthly subscription fees. It's similar to purchasing a mobile phone on a post-paid plan and minimum contractual agreement. Therefore, we request that you respect our investment in you as our client, and we stipulate that you subscribe to our GPS tracking service for a minimum 36 month term from the date of your order. Therefore, if you wish to disconnect your service within 36 months of placing this order, you are required to pay the remaining portion of your total monthly subscription fees due over the 36 month period. For example, if you terminate your service with us after 26 months of placing this order, you will be required to pay the remaining 10 months' subscription fees upon termination of your service with us. We advise you to consider your 36 month agreement with Bizzow if you are selling or disposing of your vehicle or asset fitted with our GPS device. Selling or disposing of your vehicle or asset does not mean that you are not obliged to pay the remaining portion of your agreement with us. We recommend professionally removing the GPS device and installing it in your next vehicle or asset. Bizzow can assist in transferring the GPS from one vehicle or asset into the next at its ordinary rates of labour.
2. You agree to use the products strictly in accordance with all applicable laws including any privacy and disclosure laws, and you will not hold Bizzow responsible for any breach of these laws.
3. You agree to use the products and software in accordance with the Bizzow manuals which are available online.
4. You will ensure all other persons using your online account will abide strictly in accordance with all applicable laws and use the software in accordance with the Bizzow user manuals.
5. You will keep safe your online username and password and will not disclose it to others. We recommend you change your default password upon first login.
6. You must not tamper with or allow others to tamper with the Bizzow GPS devices, installations or data sim cards. If you do, and Bizzow incurs any direct or indirect expenses or claims as a result, you will be personally liable.
7. You must not remove or allow others to remove the Bizzow Seer Tracker data sim card from the Bizzow Seer Tracker device. If you do and Bizzow incurs any direct or indirect expenses or claims as a result, you will be personally liable.
8. In return for a prepaid subscription fee, Bizzow will provide 5MB of Monthly Data Services and internet based online software to allow you to track the GPS device. In the very unlikely event that your monthly allocated 5MB of Data is utilised, Bizzow reserves the right to suspend the device for the remaining portion of the month. You acknowledge that Bizzow may charge you for any surplus data usage over and above the 5MB allocation per month or reduce your prepaid subscription term.
9. You must pay the Bizzow subscription fee when purchasing the Bizzow Seer Tracker product in line with our Fair Go Policy clause. The subscription fee may not be reclaimed or credited if you do not use the Bizzow products or software during the term.
10. Bizzow will send you an invoice at the end of your prepaid subscription term. If you do not pay this invoice, Bizzow will terminate your service and delete any user profiles and stored data. You will remain liable for any fees and charges applicable under our Fair Go Policy and monthly subscription agreements.
11. If the Bizzow device fails to track or send data, you must notify Bizzow support as soon as possible. For privacy reasons we will not be monitoring each individual device to ensure that it is always functional. Therefore, we recommend you log into the software each day and ensure all is working fine.
12. You cannot claim a refund or credit for any prepaid subscription fees if the GPS device has failed to track or send data.
13. Upon termination, you are still liable for any outstanding amounts to Bizzow in line with our Fair Go Policy and monthly subscription agreements.
14. All software and data remain the property of Bizzow and you have rights to use the software and data when your subscription fees are paid in full. You also agree that Bizzow has rights to view and process data collected by your Bizzow system for research and development purposes, data analysis and big data mining. Any data collected is depersonalised.
15. You must maintain all software including anti-virus and spyware on all computers using the Bizzow Online Software or App and provide a suitable internet connection of 5MBPS or greater. Bizzow software currently performs best on Google Chrome and we always encourage you to use our recommended Internet browser.
16. You expressly acknowledge that due to circumstances often beyond the control of Bizzow, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions, omissions or outages by suppliers of telephony and communications services, the Bizzow Products software & Telecommunications Services may not operate as designed. This does not form a basis of making any claim against Bizzow.
17. You also acknowledge that Bizzow is not responsible for damages for Products and Services or their failure to perform, as a result of any defect in the vehicle or asset being tracked, or by accident, vandalism or other consequence.
18.You therefore understand and agree that Bizzow will not be responsible for any performance, or failure, of the products or services including software, and any resulting loss of business or profits or other loss or damage whether due to the circumstances envisaged above or otherwise.
19. This order is binding once issued on this Bizzow Electronic Online Order Form. Bizzow has the right to accept or refuse the order.
20. The prices payable for the Bizzow Products and Software and Data Subscription Services are quoted in this Agreement, shopping cart check out or invoice.
21. Bizzow warrants that the products supplied in this agreement are free from defects and defaults and fit for the purpose for which they are intended as of the date of purchase.
22. This warranty continues in force for a period of (12) twelve months from the date of purchase.
23. During the warranty period Bizzow will repair or replace, at its absolute discretion, any defective products or component parts at its own expense less removal, reinstallation and shipping costs back to the Bizzow Service Centre in Melbourne Australia.
24. Bizzow Warranty immediately becomes void if you fail to comply with the User Manual operating instructions or other information or you or any person not authorised by Bizzow attempts to service, repair, assemble, disassemble, tamper with the Bizzow products (or components thereof) or ; your vehicle or asset has been involved in an accident or materially damaged.
25. The warranty offered by Bizzow is a back to base warranty and you are liable to pay any device removal, shipping and re-installation costs.
26. Bizzow will provide GPS positional data at regular periods of travel when the vehicle ignition is on.
27. Position Data may not be real time due to factors including, but not limited to, mobile phone network coverage and latency within the Internet or Information Technology Infrastructures.
28. Bizzow Easy OBD11 Plug in Device may induce error lamps and notifications or prevent the vehicle starting in certain makes and models of vehicles which do not comply to OBDII standards. These errors are normally cleared by simply unplugging the Bizzow Seer Tracker device and turning the vehicle ignition off and on. If such errors occur, we recommend purchasing the Bizzow OBDII bypass cable. Bizzow will not be held liable for any errors which require clearing by a Mechanical Workshop. Please refer to the Bizzow forums for a list of makes and models of vehicles which may be subject to error conditions.
29. You must give Bizzow 30 days or one billing period notice, whichever is greater, if you wish to terminate your service after the initial 36 month period. This notice must be provided via the Bizzow Online Termination Form. Bizzow will provide confirmation of receipt of the online termination form. Bizzow will not accept a written, verbal or email notice of termination.
30. Payment of the Bizzow GPS Tracking device Equipment Purchase, and Monthly Service Hosting and Data Account is due and payable the day that you place this order or the day your device is online and tested at Bizzow’s Service Centre. It is up to you to ensure your vehicles are available for installation as soon as possible, during business hours Monday to Friday and within the metropolitan areas of Australian Capital Cities. Installations outside our normal business hours and outside metropolitan areas may not be possible. Where installation is possible outside our normal business hours and outside metropolitan areas an installation surcharge may be applicable.
31. You will be charged monthly in advance for all subscription charges. If subscription fees are not paid, Bizzow has the right to terminate your service within 14 days and seek recovery immediately of any due funds under the "Fair Go Policy".
32. If you change your mind and wish to cancel your order and agreement with Bizzow prior to the installation of the Bizzow GPS Devices, you will be liable for a setup and configuration fee of $200 per device. Any devices which are installed at the time of order cancellation will be subject to the "Fair Go" policy.
33. Where you pay for Bizzow Products and Services and or installation thereof by continuing credit card instalment payments or a Direct Debit Authority, you acknowledge that Bizzow is authorised to deduct all due payments on the dates on which they are required to be made. Any dishonoured payments may incur a dishonour fee.
34. Where you make payments to Bizzow by way of credit card instalments or Direct Debit Instalments, you must immediately notify Bizzow of the loss or theft or expiry of the credit card or Nominated Bank Account. You must notify in writing of replacement credit card or Nominated Bank Account details as soon as practically possible so that continuing credit card payments are not terminated.
35. You or Bizzow may terminate this agreement with 30 days’ notice if third party telecommunications network providers procured by Bizzow no longer provide a service. For example: Telstra shuts down its 3G/NextG network and the GPS device is no longer functional therefore meaning Bizzow can no longer provide a service. Under these circumstances, either party is no longer obligated to continue its obligations under the terms and conditions of this agreement.
36. By submitting an order and processing the payment for the products and/or services, the Customer acknowledges that he or she has read, understood and agrees to be bound by these terms and conditions.