Terms of Use

MEO Technologies Pty Ltd
trading as BlackOwl GPS

ACN 650 206 438
ABN 53 650 206 438

Terms of Use

Introduction

The Terms of Use outlined below should be read and fully understood before using the BlackOwl GPS Online Tracking Platform and Mobile Applications.

Definitions "Confidential Information" includes all information exchanged between MEO Technologies Pty Ltd and You, whether in writing, electronically or orally, including our Software, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party. "Data" means any data inputted by you or any users of your smartphone or mobile computing device or any other computer into our Software. "Intellectual Property Right" means any patent, trade mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered. "Software" means BlackOwl GPS’s tracking software available via our Website or any Mobile Application download. "Website" means the Internet site at the domain www.blackowlgps.com.au or any other subdomain/website operated by MEO Technologies Pty Ltd. “Device” means any device supplied us. "BlackOwl” or “BlackOwl GPS” or ''Us'' means the registered company MEO Technologies Pty Ltd, trading as BlackOwl GPS.

Overview
Our Software is an online GPS tracking platform, available through a web based platform and Android/iOs Mobile Applications. You understand and agree that Software access is provided upon completion of a monthly or annual subscription. An Account will be created by Us for any individual or organisation that requires access to our Software. The Software and Website is provided on an "as is" and "as available" basis. MEO Technologies Pty Ltd disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Software. MEO Technologies Pty Ltd also reserves the right to modify, suspend or discontinue the Software with or without notice at any time and without any liability to you. It is Your responsibility to ensure that Your data is exported to your local personal computer and backed up regularly.

Use of Hardware and Software
You agree that you are responsible for your own communications, internet connectivity, internet fees and mobile data fees and for any consequences thereof.
You agree that you will use our devices and Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any privacy and surveillance laws and laws relating to the export of data from your country of business.
You agree that you will not use the Software to upload or distribute any content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or is unlawful, defamatory, abusive, fraudulent, contains viruses, or is objectionable as may be reasonably determined by us.
You agree that you will not authorise or encourage any third party to use the Software to upload or distribute any content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or is unlawful, defamatory, abusive, fraudulent, contains viruses, or is objectionable as may be reasonably determined by us.
You agree that you will not tamper with or encourage others to tamper with our GPS devices or Software in order to affect the quality of collected data or prevent others from using the Software. 
You agree that you will keep safe your online username and password and will not disclose it to others.
You agree that you will use our hardware and software in accordance with any instructions provided to you.
You agree that you must maintain all software including antivirus and spyware on all computers, smartphones and mobile computers using the Software and provide a suitable internet connection.
You understand that you are not permitted to modify or tamper with any hardware or software in order to operate a device in conjunction with a third party service.

We will always try to make our Services available to you. However, there are inherent limitations involved in the supply of services by third parties. Services are only available within the SIM card provider’s coverage area and may be subject to factors outside our control such as the weather technical faults or interference caused by physical obstructions. We make no guarantees for the performance of the mobile network and shall not be held liable for any loss or damage you incur whilst using the network.

SIM Card & Network
Each Device comes with a pre-activated SIM card. This SIM allows your device to transmit data to our Tracking Platform and communicate with you via SMS. This SIM is not to be removed from the device or used for other purposes and remains property of MEO Technologies Pty Ltd at all times. Misuse of SIM cards will result in additional costs and immediate termination of your Account.
Our Devices are designed for use within Australia.
Any overseas use is not permitted unless written permission is given to do so. Any overseas use will result in additional charges to your Account. Please note this does not apply to instances of theft.

Stored Tracking History

We store up to 12 months of tracking history for each tracked asset on a secure Australian based server. We take reasonable measures to ensure the confidentiality and integrity of the stored data, including but not limited to encryption, access control, and backup procedures. The company shall also comply with applicable laws and regulations regarding data protection and privacy. However, the company shall not be liable for any loss or corruption of data resulting from events beyond its reasonable control, such as natural disasters, power outages, or cyber attacks.

Software Availability and Support
MEO Technologies Pty Ltd will aim to provide software availability of >99% uptime. However, we will not and cannot be held liable for damages, data loss or lack of access to our Software in the event of maintenance or technical faults. MEO Technologies Pty Ltd will make all efforts to prevent disruptions to the Software during all hours of the day and during any Software upgrades, however there may be times when the Website and or the Software is inaccessible. MEO Technologies Pty Ltd is committed to responding to any general or support enquiries at our earliest convenience (normally within 2 hours), however we do not guarantee a response time.

Payment
We charge affordable operating costs to use our tracking services. This cost is separate to the device purchase price and any installation costs. This fee allows access to our Tracking Platform, Mobile apps and general use of your tracking device(s).

Cancellation of Tracking Service
You must notify us in writing if you wish to cancel your tracking service. Your service will be cancelled within 24 hours of giving notice. If you wish to reactivate your service at a later date, a $25 reactivation fee will apply for each cancelled service. You acknowledge tracking services cannot be switched off & on periodically.

Intellectual Property Rights
Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of MEO Technologies Pty Ltd. Intellectual Property Rights in the Data remain your property. You must maintain copies of all Data inputted into the Software. MEO Technologies Pty Ltd adheres to its best practice policies and procedures to prevent data loss but does not make any guarantees that there will be no loss of Data. MEO Technologies Pty Ltd expressly excludes liability for any loss of Data no matter how caused.

Representations and Warranties
You acknowledge that you are authorised to use the Software and the Website and to access the information. If You are using the Software and accessing the Website on behalf of or for the benefit of an organisation then MEO Technologies Pty Ltd will assume that You have the right to do so and that the organisation will be liable for your actions or omissions (including any breach of these Terms). The provision of, access to, and use of, the Software is on an "as is, where is" basis and at your own risk. You expressly acknowledge that due to circumstances often beyond the control of MEO Technologies Pty Ltd, including (but not limited to) software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone and internet services, the Software and Hardware may not operate as designed. BlackOwl does not warrant that the use of the Software and Hardware will be uninterrupted or error free due to the above factors. It is your sole responsibility to determine that the Software and Hardware meets your requirements. BlackOwl GPS gives no warranty regarding our Software and Website. Without limiting the foregoing, MEO Technologies Pty Ltd does not warrant that the Software and Hardware will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement. You warrant and represent that You are acquiring the right to access and use the Software and Hardware and agreeing to these Terms and Conditions of this agreement for the purposes and on behalf of a business or organisation and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, Hardware, the Website or these Terms.

Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law: Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms and Conditions. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as stated by these Terms and Conditions. Each party's obligations under this clause will survive termination of these Terms and Conditions. The provisions of the above clauses shall not apply to any information which: Is or becomes public knowledge other than by a breach of this clause; Is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; Is independently developed without access to the Confidential Information.

Limitation of Liability

You acknowledge that we do not guarantee additional security for your vehicle/asset by using our products and services. You MUST ensure you hold an adequate insurance policy for your vehicle/asset and take necessary steps to minimise exposure to theft at all times. We are not responsible for any loss and/or damages in the event of a theft.

We shall not be liable for any inefficacy in the functioning of the tracking system, including but not limited to errors or inaccuracies in location data, that result from faults or defects in the hardware or software. This exclusion of liability applies even in cases where the tracking system was intended to provide location information in the event of theft or loss of the tracked asset.

To the maximum extent permitted by law, MEO Technologies Pty Ltd excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software or Hardware. If you suffer loss or damage as a result of MEO Technologies Pty Ltd's negligence or failure to comply with these Terms and Conditions, any claim by You against us arising from our negligence or failure will be limited in respect of any one incident, or series of connected incidents to the balance of your Account.

Termination
If you breach these Terms and Conditions, MEO Technologies Pty Ltd may at its discretion terminate your use of the Software and the Website and may also suspend for any definite or indefinite period of time, your use of the Software and the website and access to any stored data. You will be notified if your Account and/or access has been terminated.

Entire Agreement
These Terms and Conditions represent the entire agreement between us in relation to the use of the Website and the Software and supersedes any prior agreement, understanding or arrangement between you and MEO Technologies Pty Ltd, whether oral or in writing. You may not assign or transfer any rights to any other person without MEO Technologies Pty Ltd's prior written consent. If any part or provision of these Terms and Conditions is invalid, unenforceable or in conflict with the law, that part or provision of the Terms and Conditions will be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on both parties. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms

Governing Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of The Commonwealth of Australia in the State of Victoria Any claims, legal proceeding or litigation arising in connection with the Software or website will be brought solely in The State of Victoria Australia, and you consent to the jurisdiction of such courts. These Terms and Conditions apply to the entire content of the website at www.blackowlgps.com.au, and the respective smartphone and mobile applications. By registering and using the website and respective smartphone and mobile applications you agree to and accept these Terms and Conditions of use.