TERMS OF SERVICE
Placement/installation of the device, network coverage, location, congestion and many other factors may affect the performance of Solid GPS Products and the availability of tracking services and functions.
Solid GPS and any of it’s employees do not, under any circumstance, guarantee the tracking of your vehicle, asset or item or the recovery of the tracked vehicle, asset or item.
All services, including the performance of the Solid GPS Tracker, are subject to device/software capabilities, network limitations and availability.
Solid GPS does not guarantee uninterrupted coverage or uninterrupted connection to GPS or cellular services. While Solid GPS’ tracking device and software are useful tools for the monitoring of assets, theft-deterrence and theft recovery, Solid GPS in no way guarantees the protection or security of property that contains its tracking devices. As such, Solid GPS disclaims any responsibility for losses caused by software/hardware error, notifications, mapping inaccuracies, incorrect tracking data, scale, resolution or date. In no event shall Solid GPS be liable for theft, damage, loss of profit, loss of anticipated savings, loss of data, loss of use of the product or any associated equipment, or indirect, incidental or consequential losses or damages of any nature whatsoever, to the fullest extent that those losses or damages can be disclaimed by law.
Solid GPS does not tolerate, under any circumstance, abuse of staff. At the discretion of Solid GPS, if any abuse is incurred by a Solid GPS staff member your service may be discontinued and you will be asked to return your tracker for a refund.
Under any circumstance, Solid GPS may, for any reason, discontinue your service and refund you the appropriate amount that is owed to you once the tracker in question has been returned to Solid GPS.
The Terms contain details regarding device performance, network capability and availability relating to the “Solid GPS” network. However, notwithstanding anything else in these Terms, in addition to the networks operated by, for or on behalf of Telstra or Vodafone we may provide services to you using any telecommunications network we consider appropriate and that network will constitute “our network” for the purpose of these Terms. For more information about “our” network, see solidgps.com/support.
A connectivity subscription fee is payable, in addition to the price of the tracking device, to connect to the Solid GPS network. This fee may change from time to time. The Solid GPS connectivity subscription fee is payable by credit card via the Solid GPS website through Stripe. The Solid GPS website and apps, and is not intended for third-party mapping software. The Solid GPS website, mapping software and apps do not accept third-party tracking devices. Solid GPS is not liable for any issues or claims related to third-party tracking devices or software, or for Products purchased via unauthorised resellers, auction sites or other unauthorised third-party websites.
Solid GPS subscription fee is non-refundable and non-creditable, except where required by law.
To avoid being charged for your plan’s renewal, you must cancel the subscription before your renewal date. Otherwise, you’ll be charged and will retain access to the plan’s features through the end of the paid period.
By accepting these terms and conditions you accept to receive email marketing from Solid GPS which you can easily unsubscribe from.
LIMITATION OF LIABILITY
We do not represent or warrant that the Solid GPS Product, software, web application, mobile application, service or network is entirely secure, uninterrupted or error-free. To the extent permitted by law, we exclude all conditions, terms, representations and warranties other than those expressly set out in this policy document. Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the Product (or equivalent services) again or the payment of the cost of having the Product or service supplied again. You indemnify, defend and hold us harmless against all loss, damage, claims, liabilities, costs and expenses (including legal fees) arising from, or in connection with:
(a) periods when tracking devices are in offline mode or unable to connect; and
(b) any claim or demand brought by third parties in relation to the Property being tracked,
or the use of, or access to, the Product or Solid GPS services; and
(c) any negligent, wrongful, unlawful or fraudulent act or omission or any breach of this
policy by you or your officers, employees, contractors, agents and service providers.
We exclude liability for:
(a) any loss or damage to your Property;
(b) any costs, expenses, claims, loss, damage or liability suffered or incurred by you as a
result of:
• misuse, abuse, neglect, alteration, problems with electrical power, acts of
nature, unusual temperature or humidity, improper installation, or damage
determined by Solid GPS to have been caused by you;
• a Force Majeure Event;
• any scheduled maintenance; or
• us complying with your requests or directions;
(c) any loss of profit, loss of revenue, loss of business opportunities, loss of data and
indirect or consequential loss; and
(d) any delay or non-performance of our obligations under this policy as a result of a
Force Majeure Event.
To the extent permitted by law, our aggregate liability in connection with this policy whether in contract, tort (including negligence), statute or otherwise will not exceed the cost of the Product and service paid by you prior the date of the claim.
WARRANTY STATEMENT
This limited warranty shall apply to the Solid GPS tracking device product (the “Product”), as manufactured by the Australian incorporated company Solid GPS PTY LTD. Solid GPS warrants that the product is at the time of its original purchase free of defects in materials and workmanship (“Limited Warranty”). Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits of this warranty are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the warranty relates.
THIS LIMITED WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS.
This Limited Warranty is subject to the following terms and conditions:
1. This Limited Warranty is given only to the original purchaser of the Product (“Customer”). This Limited Warranty may, however, be transferred to any individual to
whom the Product is sold, where Solid GPS has consented in writing to the transfer (and Solid GPS will not unreasonably refuse consent). It shall neither exclude nor limit
a) any statutory rights of the Customer; or
b) any of the Customer’s rights against the seller/dealer of the Product.
2. Unless otherwise agreed by the Customer, this Limited Warranty shall last for twelve (12) months from the date of original purchase for tracking devices, and accessories (whether included in the Solid GPS sales package or sold separately) other than the media on which any software is provided (“Warranty Period”). Customer shall present the PROOF OF PURCHASE upon claiming this Limited Warranty. This Limited Warranty is only valid and enforceable in the countries where the Product is sold.
3. Throughout the Warranty Period Solid GPS or its authorised agent will, at their discretion, without charge and subject to Clause 6 repair or replace a defective
Product. Repair or replacement may involve the use of a functionally equivalent reconditioned unit. Solid GPS will return the repaired Product or replace with
another functional equivalent Product to the Customer in good working condition. All replaced faulty parts or components will become the property of Solid GPS.
4. This Limited Warranty applies only to the hardware components of the Product as originally supplied and does not apply to any software or other equipment.
5. If Solid GPS repairs or replaces the Product, the repaired or replaced Product shall continue to be warranted for the remaining time of the original Warranty Period or for three (3) months from the date of repair or replacement, whichever is longer.
6. THIS LIMITED WARRANTY SHALL NOT APPLY IF THE DEFECT WAS CAUSED THROUGH ANY OF THE FOLLOWING:
a) the micro-SIM, ID number, IMEI number, water indicator or warranty seal has been removed, erased, defaced, altered or is illegible; or
b) evidence of opening, tampering with, or re-engineering the Product
c) deterioration of the Product due to normal wear and tear; or
d) use other than in accordance with the user manual, rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid
change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare
parts, accidents, forces of nature, or other actions beyond the reasonable control of Solid GPS (including but not limited to deficiencies in consumable parts)
unless the defect was caused directly by defects in materials or workmanship. This Limited Warranty does not cover physical damage to the surface of the
Product including but not limited to cracks or scratches on the casing; or
e) the defects caused by the fact that the battery has been short-circuited or by the fact that the seals of the battery enclosure or the cells are broken or show
evidence of tampering or by the fact that the battery has been incorrectly used in equipment other than those for which it has been specified; or
f) the defect was caused by a defective function of the cellular network or other system; or
g) the Product needs to be upgraded due to changes in unforeseen cellular network redundancies; or
h) the defect was caused by the fact that the Product was used with or connected to an accessory not approved or provided by Solid GPS or used in other than its
intended use and where it can be shown by Solid GPS that such defect is not the fault of the Product itself.
i) using the device within a strong magnetic field or in close proximity to magnets
7. Your Product may contain country specific elements, including software. If the Product has been re-exported from its original destination country to another country, the Product may contain country specific elements that are not considered to be a defect under this Limited Warranty. ANY CLAIM UNDER THIS LIMITED WARRANTY IS SUBJECT TO YOU NOTIFYING SOLID GPS OF THE ALLEGED DEFECT WITHIN A REASONABLE TIME OF IT HAVING COME TO YOUR ATTENTION AND IN ANY EVENT NO LATER THAN BEFORE THE EXPIRY OF THE WARRANTY PERIOD.
8. In the event of Product failure, the Customer should take the following actions:
a) Refer to the Solid GPS website and/or user manual in order to identify and possibly correct the problem.
b) If the problem cannot be resolved by reference to the Solid GPS website and/or user manual the Customer should then contact www.solidgps.com/support
c) Before the Customer contacts a Solid GPS service agent, please ensure the following information is at hand:
– The model, ID number and IMEI number of the Product
– The Customer’s full address and contact information
– A copy of the Customers original invoice, receipt or bill of sale of the purchase of the Product Solid GPS will provide the Customer with instructions regarding how and when the defective Product should be returned. Solid will not pay costs in connection with both the return of the defective product to Solid GPS but will pay for the repaired Product back to the Customer if the Defective Product is within the Warranty Period.
9. This limited warranty states the entire warranty given by Solid GPS to the customer. In no event shall Solid GPS be liable under this limited warranty for loss
of profit, loss of anticipated savings, loss of data, loss of use of the product or any associated equipment, or indirect, incidental or consequential losses or damages of any nature whatsoever to the fullest extent that those losses or damages can be disclaimed by law. In any case Solid GPS and its suppliers entire liability under any provision of this limited warranty shall be limited to the amount actually paid by the customer for the hardware. Solid GPS does not exclude or limit liability for personal injury or death resulting from its own negligence, for defects in the Product arising out of its or its manufacturers’ negligence.
THE LAWS OF CERTAIN COUNTRIES MAY STATE THAT THE MANUFACTURER MAY NOT EXCLUDE OR LIMIT ASPECTS OF ITS LIABILITY TO THE CONSUMER.
WHERE THAT IS THE CASE, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS LIMITED WARRANTY WILL NOT APPLY.
This warranty gives the Customer specific legal rights; the Customer may also have other rights, which may vary from country to country. This limited warranty does not affect the Customer’s statutory rights in law specific to the country of purchase – such rights remain protected. This Limited Warranty will be updated by Solid GPS from time to time. Please visit the Solid GPS website at www.solidgps.com to obtain the latest version of the Limited Warranty for the Product and for more information and support.
SAFETY WARNING
This product contains a battery – do not burn, crush or expose to extreme direct heat. Do not
submerge in water. Do not open, tamper with, or otherwise attempt to reverse engineer
elements of the Solid GPS device. Breach of these safety warnings risks voiding your
warranty.
