Privacy Policy

 Operative Part WMR GPS TRACKING operates the Link. and WMR GPS TRACKING platforms  (Program) and provides access to End Users on the Terms and Conditions of this  End User Licence and Hosting Agreement (EULAHA). The End User would like to use the selected Packages of the Program to manage  and host its Website. WMR GPS TRACKING and the End User are referred to  as a Party or the Parties to this EULAHA as the case may be. The terms and conditions contained in this EULAHA govern the relationship between  the Parties. Definitions that apply to this EULAHA 1.1 Defined terms Agreement means the Terms and Conditions contained in this End User Licence and  Hosting Agreement (EULAHA). Content means text, data, speech, music or other sounds, visual images (animated  or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of  Broadcasting Services Act 1992 (Cth). Designated Agent means the person appointed by the Site owner to respond  to allegations of Copyright breaches of Content that appears on the Website. Documentation means any user operating manual, explanatory notes or memoranda  that may or may not be supplied with the Program provided by WMR GPS TRACKING as  updated from time to time on its Website. Hosting means the provision of a virtual host for the End User to serve data of  its website using the Program provided by WMR GPS TRACKING. End User means a person that purchases a Licence to use the Program and  the Hosting Account pursuant to the terms and conditions of this Licence  Agreement. Excessive Use Site means an End Users Website that is consuming more  usage (including but not limited to bandwidth, disk, e-mail accounts, e-mail sends or  CPU utilisation) as classified at the sole discretion of WMR GPS TRACKING in accordance  with the limits provided. Force Majeure means an act of God, fire, lightning, explosions, flood or other natural  disaster, subsidence, act of terrorism, insurrection, civil disorder or military  operations, power or gas shortage, government or quasi-government restraint,  expropriation, prohibition, intervention, direction or embargo, inability or delay in  obtaining governmental or quasi-governmental approvals, consents, permits,  licences or authorities, strikes, lock-outs or other industrial disputes of any kind and  any other cause, whether similar or not to the foregoing, outside of the affected  Party’s control. EULAHA means this End User Licence and Hosting Agreement. Intellectual Property Rights (IP) means all copyright, patents, design rights,  trademarks and service marks and Programs for any of the foregoing, together with  all trade secrets, know-how, database rights, rights to confidentiality, intellectual and  industrial property rights and any other rights subsisting in the results of intellectual  effort in any field, whether or not registered or capable of registration in all parts of  the world. Licence Fee means the amount of money paid on acceptance of this  Agreement by an End User in exchange for the right to use the Program and the  Hosting services for the Licence Term. Licence Term means the period(s) during which the End User is licenced to use the  Program for the selected Package. Packages means any of the packages available with the Program. Program means the Link. and Edge management systems used as a  software solution to enable users to track and monitor assets. WMR GPS TRACKING Website means the website that the End User may be able to  access Documentation from as the case may be located at  http://www.wmrgps.com Upgrades means any modifications, new or revised versions of the source  code that the Program requires to operate more efficiently or effectively as  determined by WMR GPS TRACKING at its sole discretion. End User’s Website means the End User’s website which uses one installation  of the Program hosted on WMR GPS TRACKING servers. Works means the source code embedded in the software that contains  all algorithms, source code, and system logic relating to the Program that is  subject to this End User Licence and Hosting Agreement. 1.2 Interpretation Reference to: • one gender includes the others; • the singular includes the plural and the plural includes the singular; • a person includes a body corporate; • a Party includes the Party’s executors, administrators, successors and  permitted assigns; • to an amount of money, to $, $A or dollar is a reference to the currency of  Australia; • a statute, regulation or provision of a statute or regulation (a Statutory  Provision) includes: (i) that Statutory Provision as amended or re-enacted from time to time; and (ii) a  statute, regulation or provision enacted in replacement of that Statutory Provision. • including and similar expressions are not words of limitation. • where a word or expression is given a particular meaning, other parts of  speech and grammatical forms of that word or expression have a  corresponding meaning. • headings and the table of contents are for convenience only and do not form  part of this Agreement or affect its interpretation. • a provision of this Agreement must not be construed to the disadvantage of a  Party merely because that Party was responsible for the preparation of this  Agreement or the inclusion of the provision in it. Licence to use the Program 2.1 Limited Licence WMR GPS TRACKING grants the End User a non-exclusive, non-transferable, limited Licence  to use the Program combined with the Hosting for the Term in exchange for the  Licence Fee paid by the End User. The End User agrees that: • only one End-User’s Website per Licence to use the Program is to be used on  WMR GPS TRACKING Servers; • any Documentation that may or may not be provided (as the case may be)  with the Program must only for the purpose of which it is provided. 2.2 Ownership of the Program • WMR GPS TRACKING retains all right, title and interest in and to all Intellectual  Property in the Works embodied in the Program. • End Users acknowledge that they do not acquire any Intellectual Property  Rights, either express or implied in the Program or the Hosting and the  Documentation beyond the terms contained in this EULAHA. 2.3 Ownership and control of Data •WMR GPS TRACKING acknowledges that it does not own the data uploaded to its  Servers byEnd Users. • End Users acknowledge that if WMR GPS TRACKING is notified that any information  appearing on an End User’s Website represents a breach of copyright or other  intellectual property infringement, then WMR GPS TRACKING may, at its sole elect to  remove and take the End User’s Website offline and immediately remove the  infringing material without notice to the End User. 2.4 Payment End Users agree to pay Licence Fee applicable to the Packages they have selected  for the Licence Term in advance by credit card, direct debit or invoice. End Users  agree to pay for all excess data charges as per the contract and any other charges as  described at WMR GPS TRACKING Website. Any such excess data charges will be billed to the End Users nominated payment  method at the end of each Licence Term. Service levels 3.1 Support obligations Provided that the Program functions and is fit for purpose, WMR GPS TRACKING has no  obligation to provide support, maintenance, upgrades, modifications or new releases  of the Program. WMR GPS TRACKING will ensure that the Program performs according to the Service  Levels. Without limiting this WMR GPS TRACKING will, to the extent required by this Agreement:  (a) provide such support as is necessary to ensure the Program performs in  accordance with the Service Levels; (b) provide the End User with a backup of its End User’s data on request;  (c) consult as necessary with the End User in order to provide such information  relevant to the Program as the End User reasonably requires concerning the current  performance of the Program; • cooperate with any service review procedures reasonably implemented by the  End User as described in the schedule; and • implement such recommendations as may reasonably be required in order  to ensure the Services continue to comply with the requirements of this  agreement. 3.2 Responsibility for Viruses Wheresmyride will use reasonable endeavours to ensure that no viruses or similar  programming faults are coded or introduced into the system as a direct result of the  provision of the Services or as the direct result of an act or omission of it’s Officers  or Agents. Specific prohibitions on Use of the  Program End Users agree that they must not: • use the Program for any purpose or in any manner other than as provided in  this EULAHA; • use the Program in any way that could damage the reputation of  WMR GPS TRACKING or the goodwill or other rights enjoyed by WMR GPS TRACKING; • permit any third party to obtain access to the Program; • reproduce, make error corrections to or otherwise modify or adapt the Works  as provided in the Program or create any derivative works based on the  Program; (e) de-compile, disassemble, decrypt, or otherwise reverse engineer  the Program or permit any third party to do so; or • transfer, sublicence, rent, lease or lend the Program or use it for commercial  time sharing or service bureau use; • modify or remove any copyright or proprietary notices associated with the  Program; • cause email to be sent using the Program that is not compliant with the Spam  Act 2003 (Cth). Any such emails must include a functioning email  unsubscribe facility; and • comply with all local laws in using the Program in their jurisdiction. WMR GPS TRACKING take down procedure for  End Users Infringing Content WMR GPS TRACKING does not monitor Content uploaded to its Servers by End Users using  the Program. WMR GPS TRACKING commits to remove all Content as soon as practical  after being notified that Content may be a breach of copyright or other  Intellectual Property rights, is defamatory or otherwise claimed to be illegal. End Users consent to WMR GPS TRACKING using the take down procedure which is  provided on WMR GPS TRACKING Website, should it be notified of a breach of Copyright  or other Intellectual Property Rights in relation to Content uploaded to its Servers by  an End Users. Warranty disclaimer • To the fullest extent permissible by law, the Program and the Documentation  are provided to the End User without any representations or warranties. End  Users agree to use the Program and the Hosting services at their sole risk. • Nothing in this EULAHA excludes, restricts or modifies any right or remedy, or  any guarantee, warranty or other term or condition implied or imposed by  legislation which cannot be lawfully excluded or limited. Such legislation  includes the Australian Consumer Law which contains guarantees that  protect the purchasers of goods or services in certain circumstances, each a  non-excludable provision. • Subject to WMR GPS TRACKING obligations under the non-excludable provisions,  and to the fullest extent permissible by law, WMR GPS TRACKING expressly  disclaims all warranties of any kind with respect to the Program and the  Hosting Services, whether express, implied, statutory, or arising out of the  course of performance, course of dealing or usage of trade including any  warranties or merchantability, fitness for a particular purpose, satisfactory  quality, accuracy, title of non-infringement. 6.2 Limitation of liability Subject to WMR GPS TRACKING compliance with the non-excludable provisions and to the  fullest extent permissible by law, WMR GPS TRACKING is not liable (whether in Contract or  Tort)for anything the End User does to a third party as a result of using the Program: • for any inability to access to data the End User’s Website; • for loss or corruption of data, loss of business, loss of profits, loss of revenue  and anticipated savings, business interruption of the like regardless of  whether the loss is direct or indirectly caused by use of the Program. • for any indirect, incidental, punitive, special, or consequential loss or damage  whatsoever, in each case, arising out of the use or inability to use the Program  or Documentation , even if WMR GPS TRACKING has been advised of the possibility  of such damages or if such damages are foreseeable. Subject to the  obligations of WMR GPS TRACKING under the Non-excludable Provisions and to the  fullest extent permissible by law, in no event will WMR GPS TRACKING liability for  all damages exceed the amounts actually paid by End Users to WMR GPS TRACKING for the Program. • To the fullest extent permitted by law, the liability of WMR GPS TRACKING for a  breach of a non-excludable condition is limited to: • in the case of the supply of goods: 1. replacement of the goods; 2. supply of equivalent goods; • repair of the goods; 1. payment of the cost of replacing the goods or of acquiring equivalent goods;  or 2. the payment of the cost of having the goods repaired. • in the case of the provision of services: 1. the supplying of the services again; or 2. payment of the cost of having the services supplied again. (e) Notwithstanding this clause 6.2 or anything else contained in this EULAHA,  neither Party’s liability for death or personal injury resulting from its own negligence  will be limited. 6.3 Indemnity End Users indemnify, defend and hold harmless WMR GPS TRACKING in respect of all  actions, claims, proceedings, demands, liabilities, losses, damages, expenses and  costs (including legal fees on a full indemnity basis), in connection with any of the  following: • any breach of this Agreement • End Users negligent acts or omissions; • The accuracy of the captured data, the quality of GPS tracking history,  network coverage issues, satellite coverage issues, missing history data,  artificial intelligence failing to coach/alert machine operators, Artificial  intelligence failing to coach/alert machine operators; or • End Users use of the Program, including any third party claims made in  connection with, or arising out of, your use of the Program and  Documentation. Termination 7.1 Termination by WMR GPS TRACKING (a) WMR GPS TRACKING can terminate this Agreement without notice if: (i) it no longer has the right to provide the Program or provide the Hosting service  to End Users for any reason whatsoever; • the Licence from WMR GPS TRACKING is terminated for any reason; • the End Users Account’s nominated credit card or direct debit account is  unable to be charged the Licence Fee on two successive attempts. (v) the  End User commits a breach of any of the material terms and conditions of  this Agreement. 7.2 Termination for non-payment Wheresmyride may terminate this EULAHA at any time for non-payment if the  Licence Fee is not paid within fourteen (14) days of the End Users credit card or  account failing to be debited by WMR GPS TRACKING. 7.3 Termination by End User The End User may terminate this Agreement by providing ninety (90) days notice in  writing to WMR GPS TRACKING. 7.4 Effect of Termination • If this EULAHA is terminated for any reason whatsoever, then WMR GPS TRACKING may on the provision of a reasonable period of notice, remove the End User’s  Website after providing the End User with the opportunity of migrating its  data. • Although export and backup mechanisms exist in the Software, the End User  ’sContent is stored on the server using a proprietary system and so  consequently no guarantees are given that the End User ’s Content can be  migrated to any other system. Terms and conditions of Hosting 8.1 Third Party Programs WMR GPS TRACKING may at its sole discretion allow the End User to run third party  Programs on its server. Each Program to run a third party Program will be  considered on a case-by-case basis and an extra charge may be incurred based on  system resources used and any operational maintenance needed. No support for  third party Programs will be provided unless otherwise agreed by both parties  inwriting. 8.2 Technical support WMR GPS TRACKING does not provide technical support on non-server issues.  WMR GPS TRACKING will not respond to emails pertaining to such requests. This includes  but is not limited to, all 3 rd party software, PHP, Java, CGI, scripts, Real Audio/Video,  HTML, MySQL, Telnet, FTP, and Email clients. 8.3 Excessive Use Any End User’s Website that is deemed as impairing the performance of WMR GPS TRACKING servers either by high storage utilisation, high bandwidth usage, or  high CPU usage will be deemed to be an Excessive Use Site. Excessive Use Sites are  classified at the sole discretion of WMR GPS TRACKING. 8.4 Data • All the End User’s files, information and mail stored on WMR GPS TRACKING  servers will be preserved for 14 days from the date of default. If full payment  is not received within 14 days of default, all the End User’s files, information  and mail stored on the WMR GPS TRACKING servers may be deleted. • If the End User wishes to use the service again, the End User must re-apply as  a new End User. 8.5 Consent to the provision of information to third Parties End Users acknowledge that: • their personal information may be provided to third parties in order for the  Program to operate effectively. • information about them may be sent between countries to other entities that  WMR GPS TRACKING has commercial contracts with. • Any information provided to third parties or sent offshore will be confidential  and all reasonable efforts to keep the data confidential will be made by  WMR GPS TRACKING. 8.6 Backups • WMR GPS TRACKING will make back-up copies of the End Users data daily. WMR GPS TRACKING will retain back-up copies for a minimum period of seven (7)  days. • If the End Users stored data is lost or altered, the End User will bear the direct  and indirect costs of restoring the data. 8.7 Permitted Down Times WMR GPS TRACKING may suspend or interrupt End Users access to the Program and the  Hosting services, and will not be liable to any extent if: • it provides reasonable notice of not less than five (5) days to End Users of a  period of outage, which must be scheduled to create minimal interference  with End Users’ Websites. • the suspension or interruption is caused by any act or omission of the End  User or the (including where a circuit breaker is activated); • the suspension or interruption is caused by any act or omission of any third  party, or any event, which is out of the reasonable control of the Company  including any ISP or local problems (such as Browser or DNS caching), DoS,  DDoS attacks, exploits or hacking; • WMR GPS TRACKING is prevented from reinstating the Services due to any act or  omission of the End Users Representatives or any third party whom is out of  the reasonable control of WMR GPS TRACKING; • the interruption continues for five (5) minutes or less in any calendar month  period; • the suspension or interruption is an agreed period of shut-down or outage; • the interruption is due to any requirement of any Authority or Government Body with jurisdiction over the EULAHA; or • a period of shut-down, including any refusal, suspension or termination of the  Supply, pursuant to and notified in accordance with, the terms of this  Agreement. Without limiting the generality of this clause and for the avoidance of doubt, this  clause applies to interruptions to the Services caused by power, temperature and  humidity control interruptions and failures. 8.8 Service Level WMR GPS TRACKING will provide a best effort network uptime excluding Permitted Down  Times during updates and maintenance. Miscellaneous provisions 9.1 Assignment WMR GPS TRACKING may assign this Agreement by notifying the End User of the Assignment. The End User cannot assign the terms and conditions contained in this  Agreement without the express consent of WMR GPS TRACKING. 9.2 Amendments This Agreement may only be altered in writing signed by each Party. Writing in this  case include electronic mail sent by an authorised Office of WMR GPS TRACKING. 9.3 Entire Agreement This Agreement contains the entire Agreement between the Parties in connection  with its subject matter and supersedes all previous agreements or understandings  between the Parties. 9.4 Governing law and jurisdiction This Agreement is governed by the law applicable in the State of Queensland,  Australia. Each Party irrevocably and unconditionally submits to the exclusive  jurisdiction of the Courts of Queensland, Australia. 9.5 Intellectual Property Rights Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights  from WMR GPS TRACKING to the End User. 9.6 Severability Part or all of a provision of this Agreement that is illegal or unenforceable may be  severed from this Agreement and the remaining parts of the provision or provisions  of this Agreement continue in force. 9.7 Survival The following clauses survive termination of this Agreement clause 4, 6, 9.4, 9.5 and  9.7 survive termination of this Agreement.

Acceptance By using the Program the End User agrees to the terms and conditions contained in  this EULAHA.