Sign Up for Protect Auto GPS Tracking

By using the Protect Auto Tracking (also referred to as Protect Auto GPS Tracking) services or any other Protect Auto Limited (“PA” “we”, “us”) product or service, the user of the Services (“you”, “your”) acknowledges that you have read and understood these Terms of Service (“Terms”) and agree to be legally bound by them.

Services
1.1 For the purposes of these Terms, “Services” means the vehicle location and tracking services provided via the Protect Auto GPS Tracking device and the Website, including the provision to you of access to the Website, text alerts pursuant to a Fair Use Policy, and the monthly data used by the Protect Auto GPS Tracking device, and “Website” means the Protect Auto GPS Tracking websites under the domain names, www.protectauto.co.nz, and any other website operated by PA.
1.2 You must use the Protect Auto GPS Tracking device in accordance with PA’s standard settings and must comply with PA’s directions regarding the use of the Protect Auto GPS Tracking device, the Website, and the Services.
1.3 You must use the Protect Auto GPS Tracking device, the data SIM card, and the Services for their intended purpose and not for any other purpose.
1.4 You must not use the Protect Auto GPS Tracking system to track any person or their assets without informing them. This applies to, but is not limited to, activities such as tracking a spouse or covert operations.
1.5 The data SIM card supplied by PA as part of the Protect Auto GPS Tracking device remains the property of PA at all times. No person, except PA or any of PA’s authorized resellers and installers, may remove the data SIM card from the hardware. The data SIM card must be used in accordance with the Services and must not be used for any other purpose.
1.6 You must not use the Services in any way that may impair the functionality of the Services, the Website, the Protect Auto GPS Tracking device, or the data SIM card.
1.7 You are liable to PA for any loss incurred by PA arising from any unauthorized usage by you of the Services, the Website, the Protect Auto GPS Tracking device, or the data SIM, and you acknowledge that, in the event of any such unauthorized usage, PA may immediately suspend, restrict, or terminate your access to the Services.

Password Protected Access
2.1. When you register with us, PA will provide you the platform that allows you access to the GPS Services.
2.2. It is your responsibility to keep secure and maintain the confidentiality of your username, password, and account access information and to distribute it in a controlled manner within your business or to family members, and to advise PA immediately in writing if you believe the integrity of your security and account access has been compromised.
2.3. It is your responsibility to regularly access your Protect Auto GPS Tracking account and ensure your tracker/s are active and recording tracking history. If a tracker is not online, please contact us as soon as possible during business hours.
2.4. You are responsible for the consequences of any unauthorized use of your username and password.
2.5 You must notify PA of any unauthorized use of your username and passwords, unauthorized possession of or access to the Protect Auto GPS Tracking device, the data SIM card, or the Services, or any other breach of security.
2.6. If you have lost your login details please contact us during business hours. If you changed your password when the Protect Auto GPS Tracking device was installed it is your responsibility to securely retain those details. If you have lost it, then a new Protect Auto GPS Tracking account may need to be set up and you will lose the tracking data from your old account and you will be charged an administration fee.

Payment Terms and Service Fee
3.1. The Service Fee is payable per device and gives you access to the Services. It is your responsibility to regularly access your account and ensure your tracker/s is/are active and recording tracking history.
3.2. The Service Fee is to be debited in advance from your account, if paying by Direct Debit, on the first business day of each month, or, if paying by credit card, on the first day of the month.
3.3. If the Service Fee payment is not received on the due date, we will attempt to re-submit the payment, and if the Service Fee payment is again not received, we will attempt to contact you by phone or email to inform you of the situation. We can, without prejudice to any other rights or remedies we have, block access to your account, terminate your account, or restrict your use of all or any of the Services without giving you prior notice. If we suspend or block access to your account and/or the Services, all charges will continue to apply. If we terminate your account and/or cease provision of the Services, no further data is recorded, and you will lose all historical data. If you elect to reconnect the account and/or the Services, you will be charged a reconnection fee, and we reserve the right to request the Service Fee payment in advance for the year. All outstanding amounts will need to be paid before reconnection.
3.4. If there is an outstanding balance for any product or Service on your account, we reserve the right to debit that amount by your nominated Direct Debit account or credit card, provided that we give you notice that we will be debiting the amount.
3.5 PA will charge you for any loss incurred by PA for any unauthorized use by you of your username and passwords, the Website, the Protect Auto GPS Tracking device, the data SIM card, or any of the Services. Unauthorized use of the data SIM will be charged at PA’s standard excess data rate, currently 15c per MB.

Fair Use Policy for Text Alerts
4.1. The monthly Service Fee includes text alerts sent from your Protect Auto GPS Tracking devices under a Fair Use Policy. We have developed our Fair Use Policy by referencing average customer usage and customer profiles.
4.2. If, pursuant to PA’s Fair Use Policy, your usage is excessive and/or unreasonable, PA may contact you to advise you that your usage is in breach of PA’s Fair Use Policy and may then request that you stop or alter your usage to come within PA’s Fair Use Policy.
4.3. If your excessive or unreasonable usage continues 7 days after a request to stop or alter the nature of such usage, you authorize PA to, without notice, charge your Direct Debit or credit card for the excessive and/or unreasonable element of your usage and/or suspend, modify, or restrict your use of the Services or withdraw your access to the Services or your account.

Termination
5.1. PA reserves the right to terminate or block access to the Service immediately if you fail to comply with any of these Terms or if PA ceases to supply any Services to you. If we block or terminate your use of any Services, you will be liable to pay PA any disconnection-related charges and monthly Service Fees related to the Services.
5.2. You may discontinue your use of any of our Services by giving PA 30 days written notice of cancellation.

Privacy
6.1. By applying for the Services, you authorize PA to make credit and other inquiries about you in accordance with PA’s Terms and Conditions of Sale.
6.2. You authorize PA to collect personal information about you for the purposes of registering to use the Services, your use of PA’s products and Services, and your visits to PA’s websites.
6.3. When you register with us, we ask for personal information to set up your account. Once you have registered with us and subscribed to our products and Services, you are no longer anonymous to us.
6.4. We may disclose your personal information to employees or authorized subcontractors, resellers, or representatives who we believe reasonably need to come into contact with that information in order to provide Services to you or in order to fulfill their role.
6.5 We may disclose your personal information to persons to whom we may be required to do so by reason of legal, government, or regulatory authority including law enforcement agencies.
6.6. You authorize us to use personal information about you to do market research and statistical analysis. You acknowledge our right to use as we see fit any general marketing or other intelligence which we have gathered as a result of your use of our Services.

Limitation of Liability
7.1. It is your responsibility to regularly access your Protect Auto GPS Tracking account and ensure your tracker/s are active and recording tracking history. The Service Fee gives you access to Protect Auto GPS Tracking to monitor your own tracker/s. We do not monitor your account for you. If a tracker is not online, please contact us as soon as possible during business hours.
7.2. To the fullest extent permitted by law, PA shall not be liable for any loss or damage suffered by you as a result of your use of the Services, the Website, or the Protect Auto GPS Tracking device.
7.3. To the fullest extent permitted by law, PA will not be liable to you for any indirect, incidental, consequential, or punitive damages arising out of or relating to these Terms, including without limitation damages for lost profits, loss of business, loss of data, loss of goodwill, or other intangible losses, whether based on contract, tort, or otherwise.
7.4. Notwithstanding anything to the contrary in these Terms, to the fullest extent permitted by law, PA’s total liability to you for any and all claims, losses, damages, or expenses of any kind arising out of or in connection with these Terms, whether based on contract, tort, or otherwise, shall not exceed the amount paid by you for the Services in the 12 months preceding the event giving rise to such liability.
7.5. You shall indemnify and hold harmless PA and its officers, directors, employees, and agents from and against any and all claims, damages, losses, and expenses arising out of or in connection with your use of the Services, the Website, or the Protect Auto GPS Tracking device.

General
8.1. PA may amend these Terms from time to time by providing you with 30 days written notice of any amendments.
8.2. These Terms shall be governed by and construed in accordance with the laws of New Zealand.
8.3. Any notice or other communication to be given under these Terms shall be in writing and shall be delivered personally or sent by email, facsimile, or post to the other party at the address specified in the PA’s registration details, or such other address as the parties may notify to each other from time to time.
8.4. These Terms constitute the entire agreement between the parties and supersede all prior negotiations, agreements, understandings, or arrangements with respect to the subject matter of these Terms.
8.5. The failure of either party to enforce any provision of these Terms shall not be deemed to be a waiver of that provision or of the right to enforce it.