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Terms and Conditions
Website: www.lmstracking.com.au
Email: sales@lmstracking.com.au
support@lmstracking.com.au
accounts@lmstracking.com.au
Address: 1/146 Balcatta Road, Balcatta WA 6021
Phone: 08 65567288
ABN: 83 626 783 079
Location Management Services is a leading GPS tracking company that specializes in providing cutting- edge solutions for fleet management, fatigue management, asset tracking and personal safety. We pride ourselves in tailoring solutions to meet our customer’s needs and providing our customers with the freedom of having “No Lock-In Contracts”. Please read the Terms and Conditions in the document below.
Definitions: Listed are several terms referenced throughout the T&C’s document. LMS– Location Management Services Pty Ltd. User/Customer defined as the buyer or employees of the buyer or contractors who use LMS services or devices. Service – Work or software provided by LMS.
Acceptance of Terms and Conditions: By using products and services provided by LMS, you automatically accept you have properly viewed and agreed to our terms and conditions. By emailing support@lmstracking.com.au you can ask questions or gain clarification on any of our T&C’s.
User Responsibilities: Location Management Services shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damage to property or life, whatsoever arising out of or connected with the use or misuse of our products. It is the full responsibility of the vehicle or asset’s owners and drivers to ensure all systems are operational and in good order and that all laws and safety precautions issued by the relevant authorities are adhered to.
Privacy Policy: LMS does not and will not sell or give away any personal or customer information. We are committed to protecting your privacy and we agree to comply with all legal requirements and principles set out in the privacy act 1988.
Service Description: LMS provide pre-configured and pre-wired devices for our customers. These are all pre-tested and are in working order as they leave our premises. LMS provide a dedicated support team Monday to Friday 8.30am to 5pm. We also provide weekend support in emergency situations by emailing, support@lmstracking.com.au or by calling: 0455 725 241.
Installation: We use a statewide network of certified installers to fit our systems. LMS holds no responsibility to refund, reimburse or return installations, funds or products that have been incorrectly installed by the customer themselves or a third party of the customer’s choosing. Any incorrect installations by a certified installer will be accessed on a case-by-case basis. Provision for any reimbursements will need to be authorized by the LMS General Manager.
Account Registration: Registration of LMS devices is done by going to the LMS website www.lmstracking.com.au on the top right hand corner of the landing page go to: Register Your Product, it is important that prior to having your device/s fitted that you first write down the object number/s of the device/s and type of device which is being fitted as you will be asked for these when registering your product. Once you have selected your data plan, submit your registration form. Within 12-24 hours you will receive your personal username and password which you can then use to access your mobile phone app or GPS tracking platform on your computer. Prior to activating your devices, LMS requires payment for your data charges which can be paid by “GO CARDLESS”, STRIPE or set up a direct debit using the banking details provided. Once payment has been received by LMS, your device/s will be activated usually within 12-24 hours.
Pricing- The price is the total amount specified in an accepted purchase order or quote provided by LMS to the customer. All amounts to be paid by the customer are exclusive of GST, other applicable taxes, duties, and freight costs.
All accounts are strictly 30 days from invoice. After this time the price may be varied to consider any costs incurred by LMS because of the method of payment used by the customer including any credit card costs, interest charged and exchange rates variances.
Fees and Renewals: From 01/01/2024 LMS require 12 months data charges paid upfront for all individual $5 ($60) and $10 ($120) plans. Monthly or yearly payment options are available for all other data plans. For yearly renewals LMS will notify you one month prior of the upcoming renewal which will be due at the end of that current month. LMS reserves the right to cancel or disconnect your GPS tracking service at any time for non-payment of your data fees and should you wish to reconnect there will be $30 reconnection fee. This will only be done after multiple attempts have been made to contact the customer for payment.
Termination of connectivity: If a customer wishes to terminate their GPS tracking service with LMS they will need to provide a written letter via email support@lmstracking.com.au requesting their service be cancelled. For monthly subscriptions notification any time up to 3-days prior to their next payment will avoid a cancellation fee. For yearly subscriptions notification any time up to 3-days prior to the end of that month will avoid losing the next month’s data charges. The customer will also be credited on a pro-rata basis any money they have paid for the remainder of that year’s subscription. For customers using Satellite tracking and wishing to switch off assets which are not being utilized for a period, notification via email to our support team outlining your request is required. An email requesting your service to be reconnected is required and a $50 fee applies for each asset when reactivating your satellite system. NOTE: LMS will not be held responsible if these assets or vehicles are sent out to the field without being reactivated and an event occurs.
LMS also reserves the right to suspend a customer’s tracking platform for any reason but not limited to technical reasons, network or server repairs, repairs to hardware or software and to comply with any law or order from an emergency service or government authority.
Intellectual Property: Means all registered and unregistered intellectual property rights throughout the world including and without limitation, patents, patent applications, all copyright, trade secrets, trademarks, domain names, business names and associated abbreviations, designs, and circuit layouts. The purchaser and associates must not disclose the confidential information or make it available to any person, company, corporation, or entity without prior written consent from LMS. At this point it will be at the discretion of LMS as to whether consent is given.
Warranties– LMS provides the following warranty for its GPS tracking products and services: LMS will warrant that our GPS tracking devices and associated services will be free from defects in material and workmanship under normal use for a period of 12 months from the date of purchase. All devices are locked into the LMS network and SIM cards. Any attempts to change SIM cards or tamper with the device will void your warranty. Coverage- This warranty covers the repair or replacement of defective hardware components. It does not cover damage resulting from misuse, accidents, unauthorized modifications, or acts of nature.
Technical Support– We offer technical support to assist with the set-up and operation of our products throughout the life of our products. Warranty Claim– To make a warranty claim, customers must provide in writing a request for replacement hardware outlining the defect and circumstances around the issue. If a defect is confirmed LMS will repair or replace the product at our discretion.
Disclaimer – No Guarantee of Continuous Service: While we strive to provide reliable GPS tracking services, we cannot guarantee uninterrupted service. Factors like network coverage and signal interference may affect the performance of our devices.
Data Accuracy: GPS data accuracy can be influenced by several factors, including environmental conditions. We do not guarantee 100% accuracy, and customers should use our services as a reference rather than sole reliance for critical applications.
Third Party Services– Some aspects of our services, such as phone network, map data and geocoding are powered by third-party providers. We are not responsible for the accuracy or availability of such data.
Limitation of Liability – Our liability is limited to the purchase price of the product or service. We are not liable for any consequential, incidental, or indirect damages.
Compliance – Customers are responsible for ensuring compliance with local, state, and federal laws regarding GPS tracking, including obtaining consent where required.
This Warranty and Disclaimer are subject to change, and customers should refer to the most recent terms and conditions provided by LMS.
Miscellaneous Clauses– LMS is not liable for failure to fulfil the contract during that time and to the extent that such performance is prevented, wholly or substantially by force majeure. LMS may terminate the contract by written notice to the customer if in the event of force majeure has continued for more than 60 days. LMS is not liable to the customer for any loss or damage suffered by the customer because of a force majeure event or LMS’s termination of the contract under this clause. Upon such termination the customer shall pay any amount owing in respect of goods delivered or services provided to the customer prior to the date of.
Governing Law – All terms within this document are governed by and construed in accordance with the laws of Western Australia and the parties hereby submit to the non-exclusive jurisdiction of the courts of Western Australia.
Severability – Should any part of these terms be found by a court to be illegal, void, or unenforceable, such a determination shall not impair the enforceability of the remaining parts of these terms.
Changes to Terms – LMS may review and amend any or all parts of these terms. These changes or variations will be effective immediately upon LMS advising the customer of such variations.