Terms and Conditions of Finder GPS Tracker by Findertech Australia Pty Ltd

Welcome to Finder GPS Tracker Tracker! These Terms and Conditions (“Terms”) govern your use of the Finder GPS Tracker Tracker website (https://findertechau.com.au), hardware, and related services provided by Finder GPS Tracker Tracker, brought to you by Findertech Australia Pty Ltd (“Finder GPS Tracker”, “we”, “our”, or “us”). By accessing or using our site, products, or services, you agree to comply with these Terms. If you do not agree to these Terms, you must cease use of the site, hardware, and services immediately.

1. Acceptance of Terms

1.1. By purchasing, accessing, or using Finder GPS Tracker hardware, software, or services, you confirm that you:
    – Are 18 years or older.
    – Have the legal authority to enter into this legally binding agreement.

1.2. If you are using our services on behalf of a business entity, you confirm that you are authorized to bind the entity to these Terms.

1.3. Your acceptance of these Terms begins upon your explicit consent provided through a clickwrap agreement during account registration or purchase and continues until terminated as outlined herein.

1.4. We recommend you review these Terms periodically, as continued use of the services constitutes agreement to any updates.

https://findertechau.com.au/

2. Products and Services

2.1. Hardware Purchases

• Orders for Finder GPS Tracker hardware can be made via our site. All orders are subject to availability and confirmation.
• After placing an order, you will receive an email confirming receipt of your order. The order is not considered accepted until we issue a confirmation email.
• We reserve the right to reject orders for reasons such as unavailability of stock, payment issues, or violations of these Terms. If an order is rejected, we will notify you promptly and provide a full refund if payment has been processed.
• Hardware purchased is classified as goods under Australian Consumer Law (ACL) and includes applicable rights and guarantees.

2.2. Pricing

• Products and Pricing are described clearly in our website Plans and Pricing. All prices on the website are exclusive of Goods and Services Tax (GST). GST and Shipment charge is added at checkout.

2.3. Subscriptions and Services

• Customers must purchase Finder GPS Tracker hardware and subscribe to a monthly or annual plan to access the Finder GPS Tracker Web and Mobile application. After the 12-month subscription period, the customer must continue paying an annual or monthly fee for continued use of the software. The Finder GPS Tracker sales or accounts team will contact the customer for renewal arrangements.
• Subscription fees, billing cycles, and payment details are outlined on our website. Payments must be made in accordance with the chosen subscription plan.
• Subscriptions renew automatically. Customers can opt out of automatic renewal via the Finder GPS Tracker Web or Mobile Application. A feature allowing users to enable/disable auto-renewal will be provided in the user settings.
• A grace period of 7 days post-expiry will be provided. During the 7-day grace period, services will be suspended until payment is made. Customers will not have access to the Finder GPS Tracker Web or Mobile application during this period.
• If renewal is not completed within the grace period, service suspension will occur until the subscription is renewed.

2.4. Trial Periods

• If a trial period is offered, it will be clearly outlined during registration, including the duration and limitations of the trial.
• Upon the expiration of the trial period, the user must manually opt into a paid subscription to continue using the services.

3. Payment Terms

3.1. All prices are in Australian dollars (AUD) and include applicable GST.

3.2. Payment methods are specified on the Website at the time of purchase and may include Credit Card and PayPal. Finder GPS Tracker uses third-party payment processors such as Stripe to handle transactions securely. More details on Stripe are available at www.stripe.com. If the issuer of a payment card declines the transaction, Finder GPS Tracker is not liable for any delay or non-delivery.

3.3. The Customer must pay the price of the Goods to Finder GPS Tracker immediately at the time of agreement or as agreed between the Customer and Finder GPS Tracker Australia.

3.4. Subscription fees are non-refundable unless required by Australian Consumer Law (ACL).
    – Finder GPS Tracker does not offer refunds for change of mind.
    – If a Finder GPS Tracker tracking unit malfunctions or is defective within 12 months, Finder GPS Tracker will replace the unit at no additional charge at a mutually convenient time and place.
    – Finder GPS Tracker does not provide pro-rata refunds. If a subscription is canceled, access will continue until the end of the billing cycle.
    – Under ACL, customers may be eligible for a full refund, partial refund, or service credit if Finder GPS Tracker services fail to meet legal guarantees. This includes situations where the service is not fit for its intended purpose, is significantly different from what was described, or does not meet the consumer guarantees. If you believe you are entitled to a refund under ACL, please contact our customer support team.

4. Delivery, Title, and Risk

4.1. Hardware will be delivered to the address you provide during purchase. Delivery times are estimates and may vary depending on factors such as location, public holidays, or unforeseen circumstances.

4.2. Title in the hardware transfers to you only upon full payment. Risk in the hardware passes to you upon delivery.

5. Warranties and Australian Consumer Law

5.1. Finder GPS Tracker hardware and services are provided with guarantees under the Australian Consumer Law. These guarantees include rights to repair, replacement, or refunds in cases of major faults or failures that prevent the hardware from being fit for its intended purpose.

5.2. Standard warranty is 12 months from the date of purchase.

5.3. To file a warranty claim, customers must provide proof of purchase and contact Finder GPS Tracker customer support via phone at +61450132620 or email at info@finder-lbs.com. The claim must include a detailed description of the issue and any relevant supporting documentation (e.g., photos or videos).

5.4. Return Delivery Costs:
    – Under ACL: If a return is required under the Australian Consumer Law (ACL) due to a major fault or failure, Finder GPS Tracker will cover the return delivery costs.
    – Non-ACL Returns: For returns not covered by the ACL, such as change of mind or damage caused by misuse, the customer is responsible for the return shipping costs.
    – Warranty Claims: Finder GPS Tracker will cover delivery costs for valid warranty claims.

5.5. Finder GPS Tracker ensures all products meet the guarantees required by Australian Consumer Law, including quality and fitness for purpose.

6. User Obligations

6.1. You agree not to:

• Use Finder GPS Tracker hardware or services for illegal purposes or any activities that violate applicable laws and regulations.
• Track individuals without their explicit, informed consent, in compliance with Australian laws, including the Surveillance Devices Act (which varies by state/territory) and the Privacy Act 1988.
• Modify, reverse-engineer, disassemble, or otherwise tamper with the hardware or software in any unauthorized manner.

6.2. You must:

• Ensure that your use of Finder GPS Tracker products complies with all relevant laws and regulations, including obtaining explicit consent from individuals before tracking them.
• Use the hardware and software only as intended and described in the documentation provided by Finder GPS Tracker.
• Keep your account credentials secure and notify Finder GPS Tracker immediately if you suspect unauthorized access to your account.

6.3. Finder GPS Tracker strictly prohibits:

• The use of its hardware or services for stalking, harassment, or any other unethical or unlawful purposes.
• Attempts to gain unauthorized access to Finder GPS Tracker systems or data.
• Sharing or distributing software or hardware components of Finder GPS Tracker without prior written authorization.

7. Limitations of Liability

7.1. To the maximum extent permitted by law, Finder GPS Tracker excludes all liability for:

• Indirect or consequential losses, including but not limited to loss of profits, revenue, data, or opportunities, arising from the use of Finder GPS Tracker hardware or services.
• Interruptions to services or data inaccuracies caused by third-party inputs or unforeseen circumstances, unless directly caused by negligence on the part of Finder GPS Tracker.
• Any loss or damage arising from your breach of these Terms, misuse of the hardware or services, or unauthorized modifications.

7.2. Subject to the exclusions above and any non-excludable rights and remedies under the Australian Consumer Law (ACL), Finder GPS Tracker’s total liability for any claims arising from the use of its hardware or services is limited to the fees paid by you for the affected hardware or services within the 12 months preceding the claim. The liability cap applies to both hardware and services. Exceptions include:

• Claims for personal injury or death caused by Finder GPS Tracker’s negligence.
• Claims arising from a breach of any non-excludable consumer guarantees under the ACL.
• Claims arising from Finder GPS Tracker’s fraud or fraudulent misrepresentation.

7.3. To submit a claim, customers must contact Finder GPS Tracker customer support at +61450132620 or email at info@finder-lbs.com. When submitting a claim, you must provide:

• Proof of Purchase: (e.g., order confirmation, receipt, or invoice).
• A detailed description of the issue.
• Supporting documentation: (e.g., photos, videos, or other evidence relevant to your claim).

7.4. Claims must be lodged within 12 months of the event giving rise to the liability. However, Finder GPS Tracker may consider claims beyond 12 months in exceptional circumstances, such as under the Australian Consumer Law (ACL) for major failures or hidden defects that were not apparent during the initial 12-month period.

8. Termination

8.1. Subscriptions renew automatically. Customers can opt out of automatic renewal via the Finder GPS Tracker Web or Mobile Application. A feature allowing users to enable/disable auto-renewal will be provided in the user settings. To opt out of renewal, customers must provide a 30-day written notice before the end of the current contract term.

8.2. Finder GPS Tracker may suspend or terminate services for the following reasons:

• Failure to comply with these Terms.
• Non-payment of applicable fees after reasonable notice has been given.
• Use of the hardware or services in a manner that violates applicable laws or regulations, or for unethical or unauthorized purposes.

8.3. Finder GPS Tracker will provide notice of termination, where reasonable, including the grounds for termination and any actions required to resolve the issue before termination.

8.4. Upon termination of services, your account and associated data will be handled in compliance with our Privacy Policy. Finder GPS Tracker may retain certain data as required by law or for legitimate business purposes, such as compliance or dispute resolution.

8.5. If your account is terminated, you will no longer have access to the services, and Finder GPS Tracker reserves the right to delete or anonymize your data after a reasonable retention period unless otherwise required by law.

8.6. If payment is not made within the 7-day grace period, services will remain suspended. The account may be permanently terminated after an additional warning, subject to Finder GPS Tracker discretion.

9. Intellectual Property

9.1. Finder GPS Tracker retains all intellectual property rights to its hardware, software, services, and related materials, including but not limited to trademarks, copyrights, patents, and trade secrets.

9.2. You may not reverse-engineer, reproduce, distribute, or otherwise misuse any Finder GPS Tracker intellectual property without prior written consent from Finder GPS Tracker.

9.3. The Finder GPS Tracker name, logo, and associated branding are trademarks of Finder GPS Tracker. Unauthorized use of these trademarks is strictly prohibited.

9.4. All software and firmware provided with Finder GPS Tracker hardware are protected by copyright laws and may not be modified or distributed without explicit authorization.

10. Governing Law

These Terms are governed by the laws of Australia. Any disputes shall be subject to the exclusive jurisdiction of Australian courts.

11. Contact Us

For any questions or concerns about these Terms, contact us at:

Finder GPS Tracker
Email: info@findertechau.com.au
Customer Support: +61450132620
Address: Findertech Australia Pty Ltd
95A Hammers Road, Northmead,
NSW 2152, Australia.