Terms of use

This website is made available by Manage My GPS Pty Ltd ABN 50 152 616 129 and provides users with a service to storage and manage GPS and related business data.Your use of ManageMy GPS software, services and web sites is subject to the terms of a legal agreement between you and Manage My GPS Pty Ltd. The suite of ManageMy GPS software and websites are referred to as “Services” for the purpose of this document.We reserve the right to update or modify these terms at any time without prior notice. For this reason, we encourage you to review these terms whenever you use this website.

 

1. Acceptance

 

1.1 By using the Services you understand and agree that Manage My GPS Pty Ltd will treat your use of the Services as acceptance of the Terms from that point onwards.

 

1.2 You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Manage My GPS Pty Ltd.

 

 

2. Provision of the Services

 

2.1 You acknowledge and agree that the form and nature of the Services which Manage My GPS Pty Ltd provides may change from time to time.

 

Use of the Services by you:

 

2.2 You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services.

 

2.3 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the relevant countries).

 

2.4 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Manage My GPS Pty Ltd, unless you have been specifically allowed to do so in a separate agreement with Manage My GPS Pty Ltd.

 

2.5 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

 

2.6 Unless you have been specifically permitted to do so in a separate agreement with Manage My GPS Pty Ltd, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

 

2.7 You agree that you are solely responsible for (and that Manage My GPS Pty Ltd has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Manage My GPS Pty Ltd may suffer) of any such breach.

 

 

3. Account Security

 

3.1 You agree and understand that you are responsible for maintaining the security of passwords associated with any account you use to access the Services.

 

3.2 Accordingly, you agree that you will be solely responsible to Manage My GPS Pty Ltd for all activities that occur under your account.

 

3.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Manage My GPS Pty Ltd immediately at email: support@managemygps.com

 

4. Intellectual Property

 

4.1 You acknowledge and agree that Manage My GPS Pty Ltd own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

 

4.2 You further acknowledge that the Services may contain information which is designated confidential by Manage My GPS Pty Ltd and that you shall not disclose such information without Manage My GPS Pty Ltd’s prior written consent.

 

4.3 Unless you have agreed otherwise in writing with Manage My GPS Pty Ltd, nothing in the Terms gives you a right to use any of Manage My GPS Pty Ltd’s logos, domain names, or other distinctive brand features.

 

 

5. Software updates

 

5.1 The Software which you use may automatically download and install updates from time to time from Manage My GPS Pty Ltd. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services.

 

 

6. Cessation of Services

 

The Terms will continue to apply until terminated by either you or Manage My GPS Pty Ltd as set out below.

 

6.1 If you want to terminate your legal agreement with Manage My GPS Pty Ltd, you may do so by:

(a) notifying Manage My GPS Pty Ltd at any time and

(b) closing your accounts for all of the Services which you use, where Manage My GPS Pty Ltd

 

6.2 Manage My GPS Pty Ltd may at any time, terminate its legal agreement with you if:

 

6.3 You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, are unable to comply with the provisions of the Terms); or

 

6.4 Manage My GPS Pty Ltd is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

 

6.5 Manage My GPS Pty Ltd is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

 

 

7. Pricing

 

7.1 For licensees in Australia, prices quoted include GST and the order confirmation you receive will be your tax invoice.

 

 

8. Billing and payment

 

8.1 Billing period is either monthly (default), quarterly, or yearly

 

8.2 Billing period starts the moment you sign up, or the moment you switch from a free to a paid account.

 

8.3 Invoices will be generated (and a notice emailed to the account email address) 14 days before the due date.

 

8.4 If you fail to pay your account before the due date, all management modules will become locked until the account is paid. You may still access the invoices & subscription pages. Public maps remain visible.

 

8.5 You may upgrade or downgrade your account at the end of the billing period.

 

8.6 You may upgrade or downgrade your account for the current or next billing period prior to payment.

 

8.7 Once paid, your subscription is locked for that billing period, however you have the option of upgrading your credit packs if you find your quota is insufficient.

 

8.8 If you exceed your quota, track uploads will be locked however other functions will continue as normal. Track uploads will automatically become unlocked when the next billing period begins, or when if you add sufficient credits to your account.

 

 

9. Refund Policy

 

9.1 No return or refund will be permitted.

 

 

10. Liability

 

10.1 To the full extent permitted by law and except as imposed by the Australian Trade Practices Act 1974 and/or any equivalent local statute, all other warranties (express or implied and arising by virtue of statute or otherwise) and all other liability, including for physical or financial consequential loss or damage (including loss of profit) and whether arising from negligence or otherwise are excluded.

 

 

11. Disclaimer

 

11.1 The contents of this website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Your use of the website is at your sole risk, and you assume full responsibility for any costs associated with your use of the website. We will not be liable for any damages, losses, costs or expense resulting from any use or misuse of any of the contents of this website.