TERMS AND CONDITIONS
End User Service Agreement
This agreement is made between Find And Follow Pty Ltd ACN 154118715 of 1625 Gembrook-Tonimbuk Road, Tonimbuk, Victoria, 3815 Australia trading as Find And follow (“Find And Follow”) and you.
When you use or access the Find And Follow Services, you agree to be bound by these Terms and any policy or document incorporated into these Terms by reference. Find And Follow reserves the right, at its discretion, to change or modify these Terms, including fees and service charges, at any time, by updating these Terms on this website or by email. You agree to review these Terms regularly to ensure that you are aware of any such changes or modifications. If you find these Terms unacceptable at any time, please discontinue using the Find And Follow Services. If you continue to access or use the Find And Follow Services after changes are made, you agree to be bound by such changes.
(a) “Find And Follow Services” may include:
(i) GPS device location monitoring
(ii) SMS and Email notifications
(iii) Web and Desktop software
(iv) any other services agreed between Find And Follow and you and that agreement is incorporated into these Terms by reference;
(b) reference to “you” means you and includes any other person or entity you permit to use or access the Find And Follow Services;
(c) the use of “Find And Follow” or “we”, “us” or “our” means Find And Follow or any person, agent or independent contractor that we may in our discretion involve in the provision of the Find And Follow Services;
(d) reference to “Terms” or “Agreement” means this agreement and the terms and conditions contained in this agreement which govern the use of the Find And Follow Services and includes any additional terms which may apply to the specific services provided to you;
(e) “including” is to be taken to be followed immediately by the words “but not limited to”;
(f) the singular includes the plural and vice versa;
(g) if any word or phrase is defined any other grammatical form of the word or phrase has a corresponding meaning.
2. Find And Follow Services:
(a) Find And Follow will provide the Find And Follow Services to you on these Terms and for that purpose Find And Follow grants to you a non-exclusive, non-transferable, revocable licence to access and use the Find And Follow Services and you agree to use the Find And Follow Services in accordance with these Terms.
(b) You must be a registered user to access the Find And Follow Services. You are responsible for keeping your password and account details secure. You will be solely responsible and liable for any activity that occurs under your user name.
(c) You must ensure that each person having access to the Find And Follow Services is authorised by you to use the Find And Follow Services and is using the Find And Follow Services only in accordance with these Terms.
(d) Find And Follow may engage third parties to provide any of the Find And Follow Services.
(e) You may be restricted from accessing the Find And Follow Services if you are in breach of any of these Terms, in the opinion of Find And Follow.
(f) You authorise and direct Find And Follow to relay your messages. You agree to receiving messages. You acknowledge and agree that Find And Follow neither endorses the content of any messages you send or receive nor assumes responsibility for such content. You agree to all your messages being stored on your behalf by Find And Follow. Find And Follow will keep all messages strictly confidential in accordance with these Terms. A “message” is a communication which may include data and information, and such data or information may come within the provisions of the Privacy Act 1988 (Commonwealth) (as amended) and you expressly agree to comply with the provisions of such Privacy Act and to expressly obtain permission from the person who provides you with such information, to forward that information to Find And Follow for relaying and/or storage by Find And Follow.
(g) Other provisions may govern your use of the Find And Follow Services and if so, may be contained in any communication or registration conditions by or with Find And Follow and are incorporated by reference into these Terms.
3. Your responsibilities:
(a) You are solely responsible for your conduct, your data related to the Find And Follow Services and for the content of your messages through the Find And Follow Services and you agree to indemnify and keep indemnified Find And Follow from any loss, cost, liability, and expense arising from or related to your data, messages, content, your use of the Find And Follow Services, or your breach of these Terms.
(b) You are responsible for your own equipment and Internet Services required to access the Find And Follow Services.
(c) You agree to use the Find And Follow Services in compliance with all applicable laws, rules and regulations.
(d) You agree not to, and not to allow third parties to:
(i) use the Find And Follow Services for any other purpose than as specified in these Terms or other document incorporated by reference;
(ii) use the Find And Follow Services for any indecent, illegal or immoral purpose or for any purposes which could be construed as indecent, illegal or immoral or which may create a liability for Find And Follow or compromise, disrupt or interfere with the Find And Follow Services to Find And Follow or other persons;
(iii) sell, sublicense, lease, rent, loan, transfer, or distribute the Find And Follow Services or any part thereof to any third party and any attempt to do so is void;
(iv) change, modify, adapt or prepare derivative works from the Find And Follow Services;
(v) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any software relating to Find And Follow Services;
(vi) extract any part of the Find And Follow Services for use in other applications;
(vii) erase, remove, obscure, or alter Find And Follow’s or any third party’s trademarks or copyright notice or other proprietary rights notice affixed to or contained within or accessed in conjunction with or through any of the Find And Follow Services or us the Find And Follow Services or data or materials retrieved from the Find And Follow Services in any manner that may infringe the copyright or proprietary interests therein or third party rights;
(viii) intercept (or attempt to) email or other communications not intended for you;
(ix) send emails to others for any purpose other than personal communication, including to advertise or offer to sell unsolicited goods or services, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or send unsolicited messages through third-party mail servers in order to relay your email or hide the origin of your email to others, send messages that contain material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own, have the right to or control such files or send messages that contain a virus or corrupted data or any similar activity;
(x) transmit any message which is harmful, threatening, abusive or hateful;
(xi) use the Find And Follow Services in a manner that adversely affects the availability of its resources to others or cause incidents which disrupt the Find And Follow Services; or
(xii) purport to be an employee or agent of Find And Follow, unless you are;
and in relation to any such occurrence, Find And Follow reserves the right to take such action as it thinks fit without notice to any person, including terminating this agreement with immediate effect.
(e) You expressly agree that Find And Follow may copy and store your data as part of the Find And Follow Services.
(f) You agree that you are responsible for the results obtained from the use of the Find And Follow Services.
(g) You represent that you are at least 18 years of age and that you have the legal right and ability to enter into this Agreement. You agree to be responsible for all charges resulting from use of your account by any person in relation to the Find And Follow Services, including unauthorised use prior to you notifying Find And Follow of such unauthorised use.
4. Information and communications:
(a) To inform you of the availability of new services, subscriptions or products from time to time, or information which may be of interest to you, or to notify you of a charge to or any information relating to your account, Find And Follow will send you correspondence by Find And Follow secure messaging, email or fax. You agree that Find And Follow may send you correspondence to the addresses notified by you to Find And Follow. You agree to receive such correspondence. If you do not want to receive this correspondence, please advise us in writing.
(b) You agree to provide a valid phone number, email address or other delivery location.
(c) You agree to allow Find And Follow to store and use your contact information, including names, phone numbers, and email addresses. Such information will be used in connection with our business relationships, and may be provided to contractors, business partners, assignees, and associates for uses consistent with their collective business activities, including communicating with you for processing orders, for promotions and similar activities and you agree that Find And Follow may share this information with such persons.
5. Registration and payment:
(a) You must register to use the Find And Follow Services. Registration is not transferable. Your account will be activated after your registration has been received. You will be notified by Find And Follow once your subscription has been activated.
(b) You must pay to Find And Follow the price for each for each subscription and additional charges included in the Find And Follow Services in accordance with Find And Follow’s current price list or as quoted by Find And Follow and any third party costs incurred by Find And Follow on your behalf.
(c) Find And Follow reserves the right to vary the prices for the Find And Follow Services from time to time.
(d) Your payment terms will be according to the credit terms applying to your account, subject to continuing credit approval by Find And Follow. If no credit terms have been agreed, you must pay Find And Follow in full before delivery of the Find And Follow Services. For invoices not paid in accordance with these Terms, Find And Follow reserves the right to charge you a late payment fee of the maximum rate permitted by law on the overdue amounts. Additionally, Find And Follow may, without waiving any other rights or remedies to which it may be entitled, decide to suspend your account until all outstanding invoices have been paid in full or cancel your account without notice.
(e) You agree to pay all fees and charges applicable to your account. All charges payable under these Terms are exclusive of GST and you agree to pay any GST on any supply made under these Terms, to Find And Follow at the same time you make the relevant payment. “GST” means the goods and services tax as specified in A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) and any amendments thereto. Find And Follow will forward a tax invoice to you which complies with such Act.
(f) Payment may be made by credit card and you are authorising Find And Follow to charge your credit card for the fees and charges for the Find And Follow Services as and when they fall due from time to time. For this purpose, you agree to provide current credit card information (and update such credit card information from time to time as required) during the provision of the Find And Follow Services, and failure to do so may result in the immediate cancellation of your account without notice.
(g) Your credit card will be automatically charged for the full amount of the Find And Follow Services to be provided, on a monthly basis from registration until cancellation or termination of your account. It is your responsibility to ensure that sufficient funds are available in your nominated credit card to meet a drawing as it falls due. When a payment for the Find And Follow Services falls due, we will draw the amount from your credit card. If drawing attempts fail, and a payment cannot be processed in accordance with these Terms, your Find And Follow Service account may be suspended. Should this occur, we reserve the right to arrange with you an alternative payment method before your Find And Follow account will be reactivated.
(h) You may cancel your account at any time by contacting Find And Follow http://www.findandfollow.com.au/contact in writing cancellation request by forwarding such request to Find And Follow. If your account is cancelled for any reason, Find And Follow is not required to refund any remaining portion of fees or charges which have been paid in advance.
(i) Find And Follow may, from time to time, modify the terms of your account, including the price, new charges, content or nature of your account, upon notice to you of such modification. Any notice of the modification may be provided by Find And Follow by email or by publishing the changes on its web site and you are responsible for regularly viewing such information on Find And Follow’s web site so as to obtain timely notice of any such changes. You may terminate your account for access to the Find And Follow Services immediately upon notice to us within 10 days following notice of a change in terms if any change is unacceptable to you, otherwise continued use of the Find And Follow Services beyond the 10 day period constitutes acceptance by you of such change.
(j) In addition to any other provision contained in these Terms, you agree that Find And Follow may share certain information about you with our associates or contractors who are responsible for handling your account or performing other services that you require, including relating to the update of your credit card expiration date and credit card account number.
6. Shipping, Refunds and Return of Goods
(a) The goods purchased will be shipped to the shipping address provided within 14 days of receipt of your order and confirmation of payment providing the requested device is in stock. A consignment note will be sent to you via email. If the goods fail to arrive with 21 days you must notify FindAndFollow so a trace can be initiated.
(b) If you wish to be refunded for good purchased, you must notify FindAndFollow in writing within 30 days of the purchase date. A full refund minus postage costs will be given providing the goods are received undamaged.
(c) In the event of the goods being received in a damaged state, you must notify FindAndFollow immediately and return the goods to the address provided at http://www.findandfollow.com.au/contact.
(a) Find And Follow agrees to use its best endeavours to hold in strict confidence any private and confidential information supplied by you. Each party (called “Receiving Party”) covenants with the other party (called “Disclosing Party”) that it will keep confidential the Confidential Information of the Disclosing Party to which the Receiving Party obtains access as a consequence of entering into this Agreement and that it will take all reasonable precautions to protect such Confidential Information from any unauthorised use, disclosure or copying. Upon termination of this Agreement or the Find And Follow Services, the Receiving Party will destroy all copies of the Confidential Information of the Disclosing Party in any form which is in the possession of or under the control of the Receiving Party and if required by the Disclosing Party certify that all such Confidential Information has been destroyed.
(b) “Confidential Information” means all information relating to either party or to such party’s business, operations, products, sales, customers, trade secrets, technology or financial position to which access is obtained as a consequence of entering into this Agreement which is treated by the Disclosing Party as being confidential, but excludes information which:
(i) is publicly known through no fault of the Receiving Party;
(ii) is already in the rightful possession of the receiving Party prior to its receipt from the other Party;
(iii) is received lawfully from a third party; or
(iv) is required by law to be disclosed or required to protect or defend the rights of Find And Follow.
(a) All right, title and interest, including copyright and other intellectual property rights, in the Find And Follow Services and all software, content, data and materials relating to or used in conjunction with the Find And Follow Services or created from using the Find And Follow Services, are, will be and will remain the property of Find And Follow or our third party suppliers or contractors, and you acquire no ownership of copyright or other intellectual property rights or proprietary interest in the Find And Follow Services or such software, content, data or materials or copies thereof.
(b) Except for the licence granted in these Terms, nothing contained in these Terms constitutes a licence, sale or transfer of any of those intellectual property rights or a waiver of Find And Follow’s rights under any copyright law or any other law.
(c) If you have any ideas or concepts in relation to the Find And Follow Services or any software or content used in conjunction with the Find And Follow Services, including on how to improve them, please advise Find And Follow. You agree not to modify, design, adapt, update, develop or create any work derived from or based on the Find And Follow Services or any software relating thereto in whole or in part but, if you do, you must immediately notify Find And Follow of any such derivative work, including any enhancement, modification, revision, abridgement, condensation, expansion, collection, application, compilation and/or any other form which such software or service may be integrated, transformed, adapted or otherwise used, and such ideas, concepts or derivative work will automatically vest in and be owned by Find And Follow. You agree to sign any documents to assign, transfer or vest any such ideas, concepts or derivative work to Find And Follow and upon failure to do so, you appoint a director of Find And Follow to sign any such documents on your behalf. Find And Follow will have no obligation to grant you any rights in any such ideas, concepts or derivative work.
(d) All trade marks, registered or unregistered, used in relation to the Find And Follow Services are owned by Find And Follow and you are not permitted to use such trade marks without prior written consent of Find And Follow.
9. Term and Termination:
(a) This Agreement is effective from the time of registration or access or use of the Find And Follow Services until terminated in accordance with these Terms.
(b) You may cancel your account or terminate this agreement at any time on your request to Find And Follow. If you cancel your account, this agreement automatically terminates. Your obligation to pay any monies due under this agreement survives termination of this agreement and/or cancellation of your account.
(c) Your rights provided in accordance with these Terms will terminate immediately upon cancellation of your account or termination of this Agreement and you must immediately cease using the Find And Follow Services.
(d) In addition to any other provisions contained in this Agreement, you agree that Find And Follow may at any time and upon written notice to you, terminate this agreement and your access to the Find And Follow service, or suspend or restrict your access to the service in whole or in part without any liability to you whatsoever, if you breach this agreement or Find And Follow determines in its opinion that terminating your Membership is advisable for security reasons, to protect Find And Follow from liability or protect its rights, or for the continued normal and efficient operation of the Find And Follow Services, or if Find And Follow has reason to believe that your use of the Find And Follow service is in a manner that may be unauthorised or may subject Find And Follow to a claim by a third party, or may breach any law or any Find And Follow policy or these Terms or if Find And Follow has reason to believe that you are breaching any law or any right of a third party. Find And Follow will confirm any such termination of this agreement or any suspension or cancellation of Membership by subsequent notice.
(e) Notwithstanding any other clause contained in this Agreement, this Agreement automatically terminates if you fail to comply with these Terms and Find And Follow reserves the right to suspend or discontinue providing the Find And Follow Services in its discretion with or without notice.
(f) Find And Follow will not be liable to you or to any third party for any change or modification to these Terms or for any suspension or discontinuance of the Find And Follow Service whether with or without notice.
10. Service and Support Policy:
(a) Availability of the Find And Follow Services: The Find And Follow Services are secure and highly reliable which maximises its availability and functionality but:
(i) you acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using the Internet and you expressly assume such risks and accordingly, the Find And Follow Services may not be available on occasions due to the Internet and you expressly acknowledge that Find And Follow is not responsible for any such Internet access or services;
(ii) scheduled outages are required from time to time for technical reasons and will occur at times of minimum user traffic and will on average have the minimum schedule outages per year as possible for the minimum time possible;
(iii) the Find And Follow Service may be subject to unscheduled outages or down time that could affect your ability to use the Find And Follow Services or which may cause delays for you, and Find And Follow will use commercially reasonable efforts to restore the Find And Follow Service after any such unscheduled outages or down time.
(b) Call Centre: A call centre operates 24×7. Support request priorities escalate if not responded to within established service levels. Support requests by phone, email or fax.
Phone: 1300 783 167
Find And Follow servers are operated from dedicated data centres with 24×7 monitoring of hardware, networks and physical environment, Find And Follow takes all reasonable care to secure the Find And Follow Services by implementing detecting, monitoring and blocking intrusions or hacking attempts, preventing unauthorised access.
(c) Response times and the action proposed to be taken by Find And Follow to resolve your problem or support request is based on an assessment of the impact of the reported technical problem on your business. The more serious the business impact, the higher the assigned priority and upon placing your support request in respect of the Find And Follow Services, Find And Follow will respond and inform you of the approximate time it will take to provide resolution to your problem.
Find And Follow, in responding to your support request regarding the Find And Follow Service, will endeavour to respond as soon as possible in the circumstances.
Service levels may vary from time to time, at the discretion of Find And Follow and Find And Follow may limit or terminate any support services being provided if, in the reasonable opinion of Find And Follow, you use the support services in an abusive or frivolous manner, including but not limited to a high number of calls concerning previously resolved problems, repeated questions where the answer can be easily found in related documentation or on the Find And Follow web site or the raising of issues not connected to technical support.
Technical support will be provided to you, during the currency of your account with Find And Follow and will terminate when your account is cancelled or terminated in accordance with these Terms. Support under this clause is non-transferable.
Find And Follow is not required to provide support services relating to problems arising out of or in connection with use of the Find And Follow Services in a manner inconsistent with these Terms or because of negligence, misuse, damage or accident by you or modification of the Find And Follow Services or any software relating thereto by you, or faults or conflicts in or because of your computer or your hardware or software, or if you are not using the Find And Follow Services in accordance with Find And Follow’s directions or in relation to any unauthorised use of the Find And Follow Services or you have failed to pay any money due under these Terms or in relation to defects, errors or malfunctions resulting from any other reason whatsoever including failure or fluctuation of electrical supplies, air conditioning or humidity control, hardware failures or natural disasters.
Find And Follow will use commercially reasonable endeavours to provide support services promptly in a professional manner, but cannot and does not guarantee that every question or problem raised by you can or will be resolved and gives no warranty to that effect.
(d) You will not receive any refund or credit in connection with any downtime, outages or failure or deficiency of availability of the Find And Follow Services.
12. Disclaimer of warranty, limitation of liability, indemnity:
(a) To the maximum extent permitted by any relevant law, and notwithstanding anything contained in these Terms to the contrary, the Find And Follow Services and any third party software and services are provided “as is” with no warranty whatsoever, whether expressed or implied, and Find And Follow expressly does not warrant that the Find And Follow Service or its operation will be error free or uninterrupted or free from other failures.
(b) In addition to your agreement to the disclaimer of warranties contained in this Agreement, you agree that in no event will Find And Follow be responsible for or liable to you or any third party for any loss, claim, liability, injury, damage, cost or expense of whatsoever kind, (“such loss”), including any indirect or consequential loss arising from the use of the Find And Follow Services even if Find And Follow has been advised of the possibility of such loss, or that you may incur or suffer because of, or when using, or the inability to use, the Find And Follow Services, including such loss in relation to security, reliability, timeliness and performance of the Find And Follow Services or any third party software or services, loss of profit, loss of goodwill, loss of data, loss of business profits or revenue, loss of opportunity, business interruption, loss of information, incorrect information contained in the website or the Find And Follow Services, the Find And Follow Services not working for any reason whatsoever, computer failure or malfunction, the infringement of rights of a third party, the messages sent to you and the content contained in messages received by you or sent by you, false information or advice, non-confidentiality of, or unauthorised disclosure, use or manipulation of your password, digital certificates or account information, spam or viruses contained in messages or the infection of your computer with spam or viruses, your failure to send or receive messages or store messages, or the unauthorised access to your or others’ messages, the misdelivery or untimely delivery of any messages or other information, negligence or misuse of any kind whatsoever by any person or by us, accuracy of any information provided, your reliance on any digital signing or digital certificate or any information contained therein being stolen or compromised, work stoppage, suspension or cancellation of your account or interruption of the Find And Follow Services, non response or delayed response in the provision of any support services, outages or down time in relation to the Find And Follow Services or the non refund of any fees as a result thereof, or in relation to defects, errors or malfunctions resulting from any other reason whatsoever or any similar act or forbearance to those set out in this clause. You understand and agree that you use the Find And Follow Services and all third party software and services made available or in conjunction with or through the Find And Follow Services, at your own discretion and risk and that you will be solely responsible for any such loss from the use of the Find And Follow Services or any third party software or services. You agree that Find And Follow’s entire liability and your exclusive remedy with respect to the Find And Follow Services and/or any breach of this Agreement by Find And Follow is solely limited to the amount you paid for the Find And Follow Services.
(c) You indemnify and covenant to keep indemnified Find And Follow against any such loss, including legal fees, suffered or incurred by Find And Follow caused or arising in connection with or as a result of your use of the Find And Follow Services, or your failure to perform your obligations under this Agreement. This indemnity is a continuing obligation, separate and independent from other obligations under these Terms and survives beyond cancellation of your account or termination of this Agreement.
13. Miscellaneous provisions:
(a) This agreement is governed by the law in force in Victoria Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
(b) No provision contained in this Agreement will be deemed waived unless such waiver is in writing and signed by Find And Follow. The failure of Find And Follow to exercise or enforce any right or provision contained in this Agreement does not constitute a waiver of such right or provision.
(c) These Terms, together with any documents, policies, price schedules or other supplemental documents incorporated in these Terms by reference, constitute the entire agreement between you and Find And Follow relating to its subject matter and supersede any other understandings, communications, representations or advertising relating to the Find And Follow services.
(d) If any provision contained in this Agreement is or becomes invalid, void or unenforceable, then such provision is to be construed as severed and the remainder of the terms will continue in full force and effect.
(e) Neither party is liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control.
(f) You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Find And Follow. Find And Follow may assign this Agreement. Any attempted assignment by you terminates this Agreement.
(g) Except as otherwise provided in this Agreement, all notices and other communications to you will be in writing or displayed on our web site or in the Find And Follow Services or by mail or email to you and will be deemed to have been received by you on the date posted on the website or in the Find And Follow Services or on the date sent to you by email or mail.
14. Find And Follow Customer Contact:
If you would like to contact Find And Follow for any reason, please call 1300 783 167 (in Australia only), email assist@Find And Follow.com.au.