Never Stress About Your ATO Logbook Again!
This ingenious device does it ALL for you, not just for 12 weeks, but all year round!
Does GOFAR Work With My Car?
GOFAR works in ALL:
- Petrol cars from Jan 2006
- Hybrid and LPG cars from Jan 2006
- Diesel cars from Jan 2007
- Plug and play device automatically records each trip
- Effortlessly classify trips with business purpose
- Easily export a complete ATO logbook at tax time
- Get OBD2 scanner diagnostics on your phone
- Get realtime driver feedback – save almost 10% on fuel
Simple Plug and Play Automatic Trip Record Keeping!
This Aussie tech now sold in 52 countries
How GOFAR Maximises Your Vehicle Deductions
Choose Your Window
A complete logbook record means you can choose the 12-week period that maximises your vehicle expense deductions.
Keep Accurate Records
No more hit and miss logbook records. Accurate records mean more deductions for you and less stress all year long.
Works with all reporting methods, including ATO Standard Rate and % Business Use, plus it’s tax-deductible.
Track Your Fuel Spend
GOFAR lets you record all your fill-ups, giving you instant access to your total fuel spend for the taxable period.
GOFAR’s realtime driver feedback helps you minimise wear and tear and save almost 10% on every tank of fuel.
Not just a logbook. GOFAR constantly monitors your car for over 7000 potential problems.
Does GOFAR Work With My Car?
GOFAR will work in any OBD2 compliant car. That means any car built for*:
- United States after 1996
- Canada after 1998
- UK + Europe after 2001 (petrol) and 2004 (diesel)
- Australia after 2006 (petrol) and 2007 (diesel)
* When you perform a car compatibility check through our site, and receive an emailed confirmation that GOFAR will work in your car, then GOFAR will offer you a money-back guarantee in the event that your car turns out not to be compatible.
Using GOFAR is Simple and Easy!
Simply Plug GOFAR In
Installs in minutes – No tools or professional help needed.
Show me where the port is.
In most cars it's just below the steering wheel. It’s always inside the car and must be within 90 cm of the steering wheel. Occasionally it can be hidden behind a removable panel.
You may need to get on your hands and knees and check in the footwell by the pedals. If you’re still scratching your head after 2 minutes, search for “OBD port location” with your car make and model or contact firstname.lastname@example.org and we’ll be happy to help!
You’ll recognise the port because it has 16 pins and looks a bit old-fashioned – rather like the back of an old video recorder. But once, you’ve found it – just plug in the dongle like you would a USB connector or a phone charger.
Sync GOFAR With Phone
Connect GOFAR to the free app on your phone using Bluetooth. Available on iOS & Android.
Set Your Tags
Just ‘swipe right’ on trips to mark as business. Tap to record your fillups.
The People LOVE GOFAR
“I’ve been using GOFAR for 4 months now and it’s been great.”
I especially like the log book feature as I can export it straight to my accountant for tax purposes.
I am an uber driver and drive approximately 250-300 miles a day. My GOFAR is on every day and records every trip I make, and that can be up to 25 trips each day. I have done over 3800 trips since I purchased my GOFAR and it has recorded every one. I often get people ask what it is and I tell them to go buy one.
“Highly recommend GOFAR.”
Very good product. Love the realtime information it provides as I drive my vehicle.
“Thank you GOFAR!”
GOFAR allows me to record my business trips with ease onto the app and saves me from having to manually keep a record. I have been telling everyone in my workforce!
“One month in and it works perfectly.”
Gone is the logbook app where you had to start, stop and record everything. And on top of that, I’ve saved money in fuel by watching my fuel consumption (that lead foot is getting lighter). GOFAR is worth every penny. Highly recommend this product.
“Go and purchase one!!!”
These little GOFARs have made the world of difference in managing kilometres. This is an easy to use gadget that will change your world, to top it off their customer service is amazing! Nothing is a problem to them at all!!!
“Absolutely fantastic device!”
I love how simple it is to use and that I don’t have to remember to log my trips! Will be recommending to all my BDM mates!
“I am a gadget geek and of all my gadgets, GOFAR is my favourite.”
It has improved my driving by telling me when I am braking or accelerating too hard, it tells me the cost of the fuel I use each trip, and a lot of other useful information. I love statistics and the GOFAR gives me a lot of them.
“I believe I have at least saved 5% on fuel.”
I’ve been using GOFAR for the past 6 months. There is literally no learning curve. Out of the box, I mounted the GOFAR Ray on my car’s dash. The GOFAR Ray let me know straight away if I was accelerating too fast or braking too much. It’s really easy to follow as the feedback is instantaneous.
Have a Question? See Our FAQs
GOFAR will work in any OBD2 compliant car. That means any car built for*:
– United States after 1996
– Canada after 1998
– UK + Europe after 2001 (petrol) and 2004 (diesel)
– Australia after 2006 (petrol) and 2007 (diesel)
As of Oct 2018, GOFAR is currently working in 52 countries and every continent (except Antarctica).
* When you perform a car compatibility check through our site at gofar.co and receive an emailed confirmation that GOFAR will work in your car, then GOFAR will offer you a money-back guarantee in the event that your car turns out not to be compatible.
In most cars it’s just below the steering wheel. It’s always inside the car and must be within 90 cm of the steering wheel. Occasionally it can be hidden behind a removable panel.
You may need to get on your hands and knees and check in the footwell by the pedals. If you’re still scratching your head after 2 minutes, search for “OBD port location” with your car make and model or contact email@example.com and we’ll be happy to help!
You’ll recognise the port because it has 16 pins and looks a bit old-fashioned – rather like the back of an old video recorder. But once, you’ve found it – just plug in the dongle like you would a USB connector or a phone charger.
Yes. The GOFAR adapter (OBD2 port dongle) is a leave-in device that constantly monitor’s your car’s health and mileage. It uses very little power when it’s not connecting with the app on your phone and its data usage is low (around 75MB per month).
Yes. GOFAR plays nicely with other Bluetooth connections so you can make phone calls, listen to music, use navigation apps or use any apps just as you normally would while the GOFAR app works in the background.
GOFAR syncs data wirelessly and automatically with your phone using Bluetooth when it is in your car. Make sure your Bluetooth on your phone is switched on when you start your vehicle.
GOFAR works on all iPhones from 4S and newer. GOFAR works on Android phones using version 4.3 and higher.
Yes, GOFAR installs in minutes with no tools or technical skills needed. You basically download the app, plug GOFAR into your car’s diagnostic port (above the pedals usually) and pair with your phone.
Using GOFAR in a typical car, SUV or 4*4 etc doesn’t impact your car’s warranty.
GOFAR strictly adheres to the “OBD2 protocol”. This protocol (it stands for On Board Diagnostics) makes car emissions testing possible and governments around the world have legally mandated that car companies comply with this protocol and install it in their cars as part of pollution reduction initiatives.
It’s been a legal requirement in the US since 1996, in Europe since 2001 and in Australia since 2006 for example.
Car companies are not allowed to use anti-competitive measures to “lock” the use of this port to their own dealers or mechanics and plugging an OBD device into a car’s OBD port will not affect the car warranty as long as that device is not changing the car’s factory designed conditions.
Some devices may affect your warranty if they change a car’s settings. For example, some devices actively seek to change the factory designed parameters of a car (such as increasing fuel flow speed or boosting oxygen intake or fuel burn pressures) in order to get more performance or power from a car. In that situation, manufacturers could reasonably claim that this may void a warranty. Rest assured though that GOFAR does NOT in any way do this. We do NOT change any of the car’s factory designed parameters. We are NOT an engine tuning solution (and we generate improved fuel economy purely by helping the driver adjust their driving style).
In fact, GOFAR, is used by insurance companies to measure their drivers and manage and reduce the risks of driving. Insurance companies are not known for taking risks with warranties and they know that the OBD2 protocol is a government mandated system with which car companies must comply.
Ultimately any decisions about the validity of your warranty are between you and the manufacturer, but given the information above, and the fact that we’re unaware of any manufacturer withdrawing warranty cover because of a compliant OBD device like GOFAR we hope this helps explain why we say GOFAR does not impact your warranty.
We believe in our product and technology and all GOFAR units purchased come with a 60 day satisfaction guarantee.
The cost of shipping is outlined when you order.
Generally domestic standard shipping is free whilst Express can cost $10-$15.
International shipping is usually $20-$25 to supported countries.
We ship 8:00AM every weekday from Sydney. So, if you order at 8:01AM Tuesday, or 7:53AM Wednesday, it will be processed at 8AM Wednesday and will leave our warehouse that day.
|Standard Post Metro Australia (80% of the population)||Typically under 5 business days|
|Express Post Metro Australia||Typically Next day from leaving warehouse|
|Standard International Shipping (USA, UK, Canada)||5 – 10 business days|
|Express International Shipping (USA, UK, Canada)||3 – 5 business days|
If you live beyond the main metropolitan areas in Australia it can add a couple of days to shipping times (even the Express service).
Christmas and Holidays
It’s gets busy at certain times of year. We’ll do our best and will process as per normal, but please order as early as you can.
You can cancel at any time, without any cancellation fees.
Canceling your subscription depends on how you signed up for GOFAR Unlimited.
If you signed up through GOFAR’s website you simply need to email a request to firstname.lastname@example.org and we will action that.
If you signed up through the GOFAR app, then, according to the terms of the iTunes and Google Play app stores, you must open the app and cancel the service through your mobile device.
GOFAR Unlimited is a pay as you go service and your cancellation will come into effect only after the end of your term.
If you cancel a yearly Unlimited plan, you’ll have access to Unlimited for the rest of the year and won’t be charged for the following year.
If you cancel a monthly Unlimited plan, you’ll have access to Unlimited for the rest of that month and won’t be charged the following month. There are no refunds for either of these options.
If you have any questions about GOFAR that aren't in our FAQs, contact us at email@example.com
We believe in our product and technology and from May 3, 2017 all GOFAR units purchased come with a 60 day satisfaction guarantee.
Please read the important conditions below.
In the event that a customer is not satisfied with their GOFAR unit, they may claim a refund of their purchase price.
Customers must return their GOFAR unit in its original packaging, in an undamaged condition to:
Level 2, 11 York St, Sydney
Customers WILL ALSO need to contact GOFAR at firstname.lastname@example.org to request a refund and provide a copy of their proof of purchase. If the unit is sent without tracking, this is done at the customer’s own risk. Any costs associated with returning the GOFAR unit are to be borne by the customer. GOFAR will action the refund once the unit is received, so we do recommend customers return units with tracking.
Please note, the customer is not expected to return the outer cellophane wrapping that the unit comes in. We know that’s going to be removed!
1. Who Is Collecting The Data?
The data is collected by GOFAR Pty Ltd. We’re a telematics specialist based in Sydney, Australia with customers in over 50 countries around the world. You can visit our offices at 11 York Street, Sydney, NSW 2000.
We recognize the trust you place in us and don’t take it for granted.
2. Our Privacy Principles
2.1 Security is at our core
Ensuring your data is secure is one of the reasons we build our own hardware. We use industry-leading security practices like PIN protection on all devices, secure passwords and AES encryption on all data transmitted from device to phone to cloud.
2.2 Your data is yours. Our job is to take care of it for you
The data created when you drive is securely hosted on our servers and is yours to explore, download and use. You can also stop using GOFAR at any time. We will permanently delete your personal data from our servers at your request.
2.3 We anonymize data to create interesting insights
Our mission is to make car ownership easier, less harmful to the environment and safer for drivers and organisations.
To achieve this we use aggregated, anonymized data to research driving patterns and vehicle performance, which we may publish. We may also create and even sell industry reports, e.g. fuel economy by car brand by speed, or The most common engine problems for different car brands.
These reports are based on aggregated and anonymized data — they will never contain your identity or personally identifiable information.
3. What Data Is Being Collected
There are several ways for you to share personal information about yourself with GOFAR and to use the core functionality of the services, you must first complete the registration form within the App and agree to our Terms and Conditions. During registration you will be required to provide personal information such as your name, email address and vehicle(s) details.
3.1 We collect three types of data
We collect three types of data – telematics data as that’s what our product does, customer data so we can communicate with customers and ship products to them and marketing data so that we can invest as little money as possible in advertising and as much as possible in product development and low prices.
3.2 Telematics Driving Data
3.2.1 The telematics products we make necessarily require that we collect certain information from our customers on behalf of those same customers including:
3.2.2 Diagnostic data gathered from a car’s OBD2 diagnostic port. Specifically this includes engine error codes, battery voltage, RPM, fuel economy, speed, fuel level, emissions, and throttle data. Customers can access this to manage their car health better
3.2.3 Trip log data – specifically, the time trips start and end, the distance driven, the trip purpose and the trip route. Customers generally use this for convenient tax or expense logging or to help with learner log books.
3.2.4 G-force data derived from accelerometer readings in the GOFAR adapter. This helps customers determine how smoothly they are accelerating and braking.
3.2.5 Competitive leagues – competition and shared achievement plays a part in helping to achieve GOFAR’s goal of making driving cheaper, greener and safer. To this end, we encourage our users to participate in our driving leagues and communities. You can opt out from this feature in the app in Settings:Privacy:Leaderboard or contacting us at support@GOFAR.co.
3.2.6 GPS tracking is one of our most popular features (and comes under trip logging), but if you want to log your driving but not your GPS location then again we have designed GOFAR to suit your privacy needs and you can turn off the GPS Location feature in Settings:Privacy:Allow GPS. Please be aware that we will not be able to provide you with location information on where your trips started and finished or your route should you turn this off.
3.3 Customer Operational Data
3.3.1 Customers consent to provide certain information that either improves the experience of owning a car, or that GOFAR simply requires to operate and fulfil our obligations to the customer. This includes:
3.3.2 Their car make, model, fuel type, year, country (so we can tell them if it’s compatible with GOFAR). Customers can choose to provide an email so that they also get an email confirmation of their compatibility information but this is optional and we will provide the compatibility information on screen even if no email is provided.
3.3.3 Their address and phone number (so we can organise shipping and alerts)
3.3.4 Their email (so we may let them know about car compatibility, service offers and product updates).
3.3.5 Their renewal dates or other calendar alerts (so we can organise a service quote for them or remind them when insurance is due to expire, a service is due or tyres need to be pumped up). If the customer requests it we will use renewal information to conveniently organise a quote for them (such as a service quote, a roadside assistance quote or an insurance quote). The customer benefits from not having to fill in all this information again and it is generally a convenient and easy way for a customer to get a better deal if they so wish.
3.3.6 We store this information in a Customer Relationship database. Any email we send out allows you to opt out of communications with us.
3.4 Marketing data
3.4.1 Like any company we seek to efficiently find new customers and in so doing we will sometimes store marketing information provided by these customers. We also run marketing optimisation and analytics software on our website (specifically Segment, Drift, MixPanel and Google Analytics). We use this software to avoid wasting money on marketing unduly and it keeps our prices down to the benefit of all.
3.4.4 Information about you and your use of the Site may be aggregated with other information collected on the Site or otherwise used in ways that do not personally identify you or constitute personally identifiable information. This type of aggregated or statistical information may be used by us to improve the quality of the Site or for other purposes that we may deem appropriate.
3.4.5 We anonymize and aggregate the data we collect across many users and may share this aggregated data with our affiliates, business partners, and users. The aggregated data does not identify you personally. We may also disclose aggregated user statistics in order to describe GOFAR to current and prospective business partners and to third parties for other lawful purposes. Examples of anonymized and aggregate data include the average morning work commute time of our users, and the average monthly cost of petrol of our users.
3.4.6 GOFAR uses a credit card processing company to process your credit card information as required for your order and to ensure that your transaction is secure. This processing company does not retain, share, store or use your personally identifiable information for any other purposes.
3.4.7 Like most standard web site servers the GOFAR Site and apps also use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Site and track user’s movement in the aggregate. IP addresses, etc. are not linked to personally identifiable information. GOFAR may use Google Analytics as a method of tracking site statistics and user behavior on the Site.
3.4.8 By visiting the Site, you consent to GOFAR in using the data in the log files to administer the Site and to assist in diagnosing problems with GOFAR’s server.
3.4.9 We will also use email address to send special offers from GOFAR. To give you a sense of activity we send typically one email per month (and you can opt out at any time).
4. What Is The Legal Basis For Processing The Data?
4.1 The legal basis for processing the Telematics and Customer Operational data is both consent and contractual when a driver or organisation has directly purchased our product.
4.2 The legal basis for processing the marketing data is consent, in that we request the information and it is freely provided.
5. Will The Data Be Shared With Any Third Parties?
5.1 The Telematics Data created when you drive is securely hosted on our servers and is yours to explore, download and use. You can also stop using GOFAR at any time and we will permanently delete your data from our servers at your request. Customers’ telematics information is for them. We do not share identifiable telematics records.
5.2 Customer Operational data is also not sold or shared. However we do, with Customers’ consent, need to provide certain limited information to partners in order to fulfil services. We work with reputable partners, as outlined below.
5.2.1 We use an external warehouse, National Products Fulfilments in Sydney, and they print out labels with address information on in order to send ship our products around the world. They only get the contact details that are required to ship the product.
5.2.2 We help customers by providing service quotes from highly rated local mechanics. If a customer has requested we organise a service or other quote for them then we will share the required information (on their car make and model) in order to get them a quote. If they want to be contacted by a mechanic partner for a quote then we will of course provide their contact information to our local partner. Currently we work with Sparesbox.com.au in the Sydney area.
5.2.3 We help customers with convenient, low cost assistance. If the customer has purchased roadside assistance then we will share their information with Digicall Assist, our roadside assistance partner. The customer can additionally consent to share their diagnostic data with our partner in order to help diagnose problems with their car. This expect that over time, this will allow us to resolve issues more quickly.
5.2.4 We will occasionally introduce new services, such as motor insurance, that we will offer to customers. If the customer agree to receiving a quote we will share the relevant information to get them that quote, without them needing to fill in all the information again.
5.3 Marketing information is not sold or shared for the use of third parties. We just use it to optimise our own services.
6. How Long Will The Data Be Stored For?
6.1 Telematics information is stored in line with the product purchased by the customer. Currently our existing customers have unlimited storage. Future products may be introduced with telematics data storage that lasts for shorter defined periods.
6.2 Operational and marketing data is stored in our CRM database. We store customer information until consent is removed. We store information from Customer leads until consent is removed or earlier if we deem that the customer does not wish to hear from us (but has not removed consent).
7. What Rights Does The Data Subject Have?
7.1 Transparent communication. You have the right to know what information we hold on you in our databases (for both CRM and telematics purposes).
7.2 Proper identification. Third parties might improperly attempt to exercise a data subject’s rights without proper authorisation to do so. In order to protect our customers, GOFAR will ask data subjects to provide reasonable proof of their identity before releasing information.
7.3 Timeliness. GOFAR is not a large multinational with a dedicated team focused on access requests, but we always aim to provide a timely response to all requests received and automated tools in our app and website where possible.
7.4 Self service. You can export all your trips from GOFAR’s app by going to Setting:Data Export
7.5 Erasure. You have the right to be forgotten. This means GOFAR will entirely delete all your personal information from our CRM and telematics databases. Please note your data may remain in our backup data for a period of time after it is deleted from our servers.
7.6 Opt out. You have the right to use our services without receiving marketing messages. Please note that entirely opting out from emails and other communications will make it difficult for us to deliver important service updates and notifications to you.
8. How Can You Raise A Complaint?
8.1 If you believe that your rights have been infringed, please contact email@example.com in the first instance and address your request, question or complaint to the Data Controller. The Data Controller will attempt to remedy the situation.
8.2 Please include your name, email address and/or telephone number and clearly describe the reasons for your complaint.
8.3 If you feel you have not received an adequate answer from the GOFAR Data Controller, you may be able to file a complaint to with your relevant national Data Protection Authority.
9.2 Personal information includes information about an individual that is reasonably identifiable. For example, this may include information such as your name, age, gender, postcode, email or phone number.
9.3 By using our Hardware, Service, Site or App, you consent to us sharing your information with the third parties described above as described above.
9.4 To provide you with an enhanced user experience, you may choose to share your information with other people through our App or Site. In these circumstances, your Personal Data will still not be shared without your express consent, which is usually given in the form of a web page, email or app screen where you authorize the sharing of information.
9.5 External links
9.7.1 We may choose to apply a fee for data access requests in line with national legal frameworks.
9.8 What if I have additional questions?
1. DEFINITIONS & INTERPRETATION
1.1 ‘GOFAR’, ‘us’, ‘we’ and ‘our’ means GOFAR Pty Ltd ACN 610 842 656 and its related bodies corporate.
1.2 ‘Hardware’ means GOFAR’s device that may be connected to your vehicle in connection with the Service.
1.4 ‘Services’ includes (a) the Site, (b) GOFAR’s vehicle information and related services, (c) all mobile applications and other software (including the Software), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively the Content), and (d) any other services which may be made available by GOFAR at any time and from time to time.
1.5 ‘Site’ means the website located at https://www.gofar.co
1.6 ‘Software’ means any software which may be made available by GOFAR in connection with the Service, such as GOFAR’s mobile applications and any software embedded on the Hardware.
1.8 ‘You’, ‘Your’ means the users of our Services and Hardware.
(a) Words importing the singular include the plural and vice versa.
(b) Words importing a gender include every other gender.
(c) “Including” and similar expressions are not words of limitation.
(d) Where a word or phrase is defined in this TOS, other parts of speech and grammatical forms of that word or phrase have a corresponding meaning.
(e) An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency.
2. ACCEPTANCE OF TERMS
2.1 By accessing and/or using the Hardware, the Services or its related services, you acknowledge that you have read, understood, and agree to be bound by the TOS. You should review our TOS carefully and immediately cease using our Hardware and Services if you do not agree with the TOS.
2.2 You agree that any updates or new features added to or augmenting the Service or the Hardware are also governed by the TOS. To optimize the use of our Software, you consent to automatic updates without prior notification.
2.3 Our TOS may change from time to time and we will make available our revised TOS on the Site, including the date of last revision. If the changes are significant, we may publish a prominent notice on our Site. We may also notify you by email or through our Services user interface. Changes to our TOS become effective fourteen (14) days after they are first published on our Site (Effective Date), except where changes relate to new functions of the Services or are required by law, such changes will take immediate effective.
2.4 By continuing to access or use our Hardware or Services after the Effective Date, you agree to be bound by the new terms and conditions of our revised TOS. You should periodically review our TOS for changes and immediately cease using our Hardware and Services if you do not agree with the changes.
3.1 You must be a registered member to access or use our Services.
3.3 When you register and activate your account, you will choose a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
3.4 If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed the TOS with your parent or legal guardian to make sure that you and your parent or legal guardian understand the TOS. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
(a) exercise supervision over the Minor’s use of our Services and Hardware;
(b) assume all risks associated with the Minor’s use of our Services and Hardware, including the transmission of content or information to and from third parties via the Internet;
(c) ensure that the content and information that the Minor may encounter on accessing our Services are suitable for the Minor;
(d) assume liabilities resulting from the Minor’s use of Services and Hardware;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(f) provide the consents contained in the TOS on behalf of the Minor
3.5 We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to the TOS on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Services and your account on this basis.
4. GENERAL CONDITIONS OF USE
4.1 You may access and use the Service and Hardware, subject to the TOS, for lawful purposes. You agree to use the Service and Hardware in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Services.
4.2 In order for the service to function, the mobile device onto which the GOFAR application is installed must be located in the vehicle associated with your Service and the Hardware must be properly installed in your vehicle. The mobile device must also have adequate network and data service in the location where needed.
4.4 GOFAR uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Services. You must take your own precautions to ensure that whatever you select for your use from our Services or Hardware is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
4.6 The Service includes certain services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the Mobile Services). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding GOFAR and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your GOFAR account information with your new information. In the event that you fail to promptly update your GOFAR account information when changing or deactivating your mobile telephone number, you acknowledge that GOFAR does not accept any responsibility for any of your messages which may not be delivered or which may be delivered to unintended recipients.
4.7 The Services and the Hardware is for your personal, non-commercial use only. Unless otherwise expressly authorized by GOFAR in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not use the Site or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
4.8 You agree not to do or cause to be done any act that GOFAR deems to be inappropriate, is unlawful or is prohibited by any laws applicable to our Services, including but not limited to:
(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
(b) using the Site to defame or libel us, our employees or other individuals;
(c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
(d) posting or transmitting to this Site any unauthorized material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
4.9 You agree that GOFAR has the sole and absolute discretion to remove any of Your Content at any time without notice.
4.10 The failure of GOFAR to exercise or enforce any right or provision of this TOS is not be a waiver of that right. By using the Services or the Hardware, you consent to be bound by the TOS which governs the condition of use of the Service and Hardware. You agree and acknowledge that the TOS takes priority over any prior agreements between you and GOFAR related to the subject matter hereof.
5. RESTRICTIONS OF USE
5.1 You must not use our Services or Hardware (and GOFAR will not be liable for your use of the Services and Hardware) in connection with:
(a) cars with modified engine or electronic control systems; or
(b) cars of any make, model or year that we do not support, as set forth on our website.
5.2 The Services is intended to be used for post-trip analysis when the car is stationary. The Hardware is designed for use in a similar way as a speedometer (i.e. to only be glanced at peripherally whilst driving). You must refrain from using the Services and spending a prolonged period of time on the Hardware while driving. You acknowledge that misuse of the Hardware may cause accidents resulting in personal injuries or property damages.
5.3 You agree that you are solely responsible for the safe installation of your Hardware, including observation of any relevant laws and regulations in your jurisdiction. You must ensure that any settings on your Hardware (including the brightness level) are suitable for your comfort and safety. You acknowledge that improper installation may cause personal injury or property damage.
5.4 By using the Services and/or Hardware, you agree that you are responsible for observing the traffic regulations and the rules that prohibit or restrict the use of mobile phones or any other hand held devices as well as any laws or regulations which govern the placement of the Hardware or any other devices in or on your vehicle which may be applicable in your jurisdiction.
5.5 You acknowledge that using the Services and/or Hardware in some circumstances can distract you and may cause a dangerous situation (for example by using Services and/or Hardware while driving a car). Any improper use of the Software and/or Hardware may lead to death, personal injury, property or environmental damage.
5.6 Any feedbacks provided by the Services and/or Hardware are for your references only and are not an indication or representation of your actual driving condition or how you should be driving. You must at all times use your own judgement and exercise caution while driving. You acknowledge that in certain situations, the feedbacks may be contradictory to your actual driving condition (for example, you may be required to apply emergency braking in order to avoid a crash even if the Hardware may indicate that this is not a desired driver action).
5.7 You acknowledge that GOFAR is not responsible for and hold GOFAR harmless for any death, personal injury, property or environmental damage resulting from any improper use or improper installation of the Services and/or Hardware.
6. PRODUCT DELIVERY
6.1 When you order is received and successfully processed, GOFAR will endeavor to dispatch your order within a reasonable period of time. Some areas may take longer due to the frequency of deliveries to the delivery area. Orders for multiple quantities may be dispatched and delivered separately. Subject to stock availability, customers with pre-orders or back orders may experience a longer delivery time.
6.2 While we take reasonable degree of care to ensure that your order is delivered, if your order cannot be delivered for reasons outside of our control, GOFAR reserves the right to cancel your order and refund you the costs of your order.
6.3 GOFAR cannot accept any changes to your delivery address once your order is processed. If your delivery address must be changed, you must cancel your order and make a replacement order. GOFAR has no obligation to refund the costs of your order on cancellation.
7. DEALINGS WITH THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS
7.1 You agree and acknowledge that GOFAR is not liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available on the site and you hold GOFAR harmless for any claims or liabilities for any loss or damages suffered as a result of such dealings.
7.2 Third party product and service offerings made available for purchase by you on the Site are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Site, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with GOFAR.
7.3 Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Although we are interested in receiving feedback regarding our third party service providers and advertisers and their products and services, and may from time to time assist you in your dealings with such third party service providers and advertisers, GOFAR is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site.
7.4 The offerings are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the products and services offerings and have no control over or rights in those offerings.
8. LINKED SITES
The Site may provide, or third parties may provide, links to internet sites or resources operated by third parties (Links). The Links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on the Links and have no control over or rights in the Links.
9. INTERACTIONS WITH SITE USERS
9.1 The Site functions as a venue to connect members in a virtual information place. You acknowledge that as a neutral facilitator, GOFAR does not take part in the actual transactions between members of the Site. You acknowledge that GOFAR has no control and does not make any representation over the truth, accuracy, quality, legality, or safety of postings made by users of the Site.
9.2 You acknowledge that GOFAR may not confirm the identity of members and it does not take on any responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. GOFAR request that you make your own assessment and judgment when dealing with any users of the Site. You agree and acknowledge that you interact with other site users at your own risk.
10. ELECTRONIC COMMUNICATIONS
10.1 The Site may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or GOFAR. You agree to use communication methods available on the Site subject to the TOS and only for the purpose of using the Services and for no other services.
10.2 By using any of the communications methods available on the Site, you acknowledge and agree that:
(a) any communications you make constitute part of Your Content;
(b) all communications methods constitute public, and not private, means of communication between you and the other party or parties;
(c) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by GOFAR (unless expressly stated otherwise by GOFAR);
(d) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by GOFAR in any manner, although GOFAR reserves the right to do so at any time at its sole discretion in accordance with the TOS; and
(e) all notices, disclosures and other communications that we make or provide electronically will constitute notification in writing for any all purposes.
11. ALERTS AND NOTIFICATIONS
By using the Service, you consent to the receiving notifications, text messages, alerts, or emails from GOFAR. You may opt out from non-service related communications by changing your account settings. You agree that you are responsible for any costs or fees (including messaging or data fees) which may be charged by your wireless carrier for using the Services.
12. POSTING YOUR CONTENT ON THE GOFAR SERVICE
12.1 You may post photos, trip logs, tips and suggestions, comments, and other content (Your Content) to the GOFAR Service. You retain all rights to Your Content that you post to the GOFAR Service.
12.2 By making Your Content available on or through the GOFAR Service you grant to GOFAR a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content but only in connection with operating and providing the GOFAR Service.
12.3 You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in the TOS.
12.4 You also represent and warrant that Your Content and the use and provision of Your Content on the Service will not:
(a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) be fraudulent, false, misleading or deceptive;
(d) be defamatory, obscene, pornographic, vulgar or offensive;
(e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or
(g) promote illegal or harmful activities or substances.
12.5 By using the Services, you agree to comply with the following community guidelines:
(a) be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return;
(b) do not post profane or explicit content;
(c) do not post profile pictures that might be considered inappropriate;
(d) do not post communications that could be interpreted as threatening or harassing; and
(e) do not post, advertise, or promote products or services commercially.
13. APPLE-ENABLED SOFTWARE APPLICATIONS
GOFAR offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (Apple), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (Apple-Enabled Software), in addition to the TOS, the following terms and conditions apply:
(a) GOFAR and you acknowledge that Apple is not a party to and not bound by this TOS and GOFAR, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
(b) You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
(c) Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
(d) Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
(e) Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be GOFAR’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
(f) GOFAR and you acknowledge that GOFAR, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(g) In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between GOFAR and Apple, GOFAR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(h) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(i) If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to GOFAR as follows:
Level 2, 11 York Stm Sydney, NSW 2000
(j) GOFAR and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
14. DIGITAL CERTIFICATES
The Software contains functionality that allows it to accept digital certificates either issued from GOFAR or from third parties. You are solely responsible for deciding whether or not to rely on a certificate whether issued by GOFAR or a third party. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR OWN RISK. To the maximum extent permitted by applicable law, GOFAR makes no warranties or representations, express or implied, as to merchantability or fitness for any particular purpose, accuracy, security, or noninfringement of third party rights with respect to digital certificates.
15. EXPORT CONTROL
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
16.1 To the extent the Service, Hardware or any portion thereof is made available for any fee, you will be required to select a payment plan or make a payment and provide GOFAR information regarding your credit card or other payment instrument.
16.2 You represent and warrant to GOFAR that such information is true and accurate and that you are authorized to use the payment instrument. You must promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) when it occurs.
16.3 You agree to pay GOFAR the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. If your payment plan involves subscription payments, you hereby authorize GOFAR to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred.
16.4 If you intend to dispute any charges you must notify GOFAR in writing no later than sixty (60) days after the date the charge took place.
16.5 GOFAR reserves the right to change its prices at any time and from time to time. If GOFAR changes its prices, GOFAR will provide you with a notification of the change by posting a notice on the Site and/or in an email. The changes will be effective 30 days after the notification is given. By continuing to use or access the Service after the changes become effective, you agree and consent to the changes.
16.6 You agree and acknowledge that you are solely responsible for any charges or fees payable to third parties in connection with the Service, such as emergency responds (if any).
17. REPRESENTATIONS AND WARRANTIES
You (or your parent/legal guardian if you are under 18) represent and warrant to GOFAR that:
(a) you have full power and authority to enter into this TOS;
(b) to the extent that you upload any content through the use of the Services, you own all rights in, or have authorization or are otherwise legally permitted to upload Your Content and have the right to or are authorized to engage in your data collection using the Hardware, including all posting and other activities and communications in connection with the Service and Hardware without any further releases or consents;
(c) Your Content and other activities in connection with the Service, and GOFAR’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right;
(d) Your Content does not contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and
(e) you are thirteen (13) years of age or older.
18.1 You may terminate your account at any time in accordance with the procedures set forth on the Site. The TOS is effective until such time your account is terminated.
18.2 GOFAR reserves its right to:
(a) modify or discontinue, temporarily or permanently, the Service or Hardware (or any part thereof); and
(b) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any or no reason, for example if GOFAR suspects that you may be in beach of the TOS.
18.3 You agree that GOFAR is not liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. GOFAR will make reasonable efforts to contact you prior to suspension or termination of your account.
18.4 All of Your Content on the Service (if any) may be permanently deleted by GOFAR upon termination of your account. If GOFAR terminates your account without cause and you have signed up for a fee-bearing service, GOFAR will refund the pro-rated, unearned portion of any amount that you have prepaid to GOFAR for such Service. However, all accrued rights to payment shall survive termination of your account.
18.5 Your rights under this TOS will terminate automatically or otherwise cease to be effective without notice if you fail to comply with any term(s) of this TOS. Upon termination, you must cease all use of the Services.
19. DISCLAIMER OF WARRANTIES
19.1 A limited one (1) year warranty is provided for the use of the Hardware (Warranty Period). Please access the user support material at www.gofar.co/support before seeking warranty service.
19.2 If the Hardware is still not functioning properly after making use of these resources, you may submit a written claim to GOFAR at support@GOFAR.co during the Warranty Period. If during the Warranty Period you submit a claim to GOFAR in accordance with this warranty, GOFAR will, at its sole discretion:
(a) repair the Hardware using new or previously used parts that are equivalent to new in performance and reliability;
(b) replace the Hardware with the same or similar model; or
(c) exchange the Hardware for a refund of your purchase price.
19.3 If you are a customer who is a consumer, you may have legal rights in your country of residence which would prohibit some of the following limitations from applying to you and where prohibited they will not apply to you. You should obtain your own advice on any legal rights which may be available to you.
19.4 If you are a consumer in Australia, 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 compensation for any other reasonably foreseeable 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.
19.5 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICES, HARDWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE HARDWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
19.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING THE SITE, CONTENT AND ANY DATA OR OTHER INFORMATION PROVIDED BY THE HARDWARE, SOFTWARE OR SERVICE, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
19.7 GOFAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS OR RELIABILITY.
19.8 GOFAR makes no warranty:
(a) that the service or hardware will meet your requirements;
(b) against interference with your enjoyment of the services or hardware;
(c) that the service or hardware will be uninterrupted, timely, secure, virus-free or error-free;
(d) that any service will continue to be made available;
(e) that defects in the services or hardware will be corrected;
(f) that the results (such as vehicle error code analysis) that may be obtained from the use of the service or hardware will be accurate or reliable; or
(g) that the quality of any services, information, or other material purchased or obtained by you through the service will meet your expectations.
19.9 YOU ACKNOWLEDGE THAT THE SERVICE DOES NOT GUARANTEE THAT USE OF THE HARDWARE, SOFTWARE OR SERVICES WILL RESULT IN ANY FUEL SAVINGS OR EFFICIENCIES OR THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE.
19.10 YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE.
19.11 You agree that no information, advice or services obtained by you from GOFAR or through the Service shall create any warranty not expressly stated in this TOS. In particular, although GOFAR endeavors to ensure successful detection of most crashes, not all crashes may be detected and GOFAR does not guarantee that the Service or Hardware will detect and/or report all vehicle crashes or that emergency assistance will be provided in the event of any crash.
19.12 Installation of the Software may affect the availability and usability of third party software, applications or third party services.
19.13 This provision survives termination.
20. LIMITATION OF LIABILITY
20.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL GOFAR, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DEATH, PERSONAL INJURY, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, IRRESPECTIVE OF THE MANNER IN WHICH IT OCCURS, WHICH MAY BE SUFFERED DUE TO THE USE OF OUR SERVICES, HARDWARE AND/OR THE INFORMATION OR MATERIALS CONTAINED ON IT OR AS A RESULT OF THE INACCESIBLITY OF THE SERVICES AND/OR THE FACT THAT CERTAIN INFORMATION OR MATERIALS CONTAINED ON IT ARE INCORRECT, INCOMPLETE OR OUT OF DATE. THIS LIMITATION APPLIES EVEN IF GOFAR HAS BEEN ADVISED ON THE POSSIBILTIY OF SUCH DAMAGES.
20.2 For the avoidance of doubt and without limitation, GOFAR will not be liable for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption;
(b) any injuries to persons or damage to property related to your use of the Service or Hardware, including but not limited to injuries to persons or property or any damages relating to the installation, repair, or maintenance of the Hardware; or
(c) Any direct damages, costs, losses or liabilities in excess of the service fees actually paid by you in the six (6) months preceding the event giving rise to your claim or, if no service fees apply, one hundred ($100) U.S. dollars.
20.3 The provisions of this section allocate the risks under this TOS between the parties, and the parties have relied on these limitations in entering into this TOS. By using and continuing to use the services and Hardware, you agree to be bound by this provision.
20.4 This provision survives termination.
21.1 YOU INDEMNIFY AND HOLD GOFAR HARMLESS FROM AND IN RESPECT OF ANY CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, COSTS AND EXPENSES INCLUDING WITHOUT LIMITATION LEGAL COSTS ON FULL INDEMNITY BASIS AND ACCOUNTING FEES, ARISING OR RESULTING FROM YOUR BREACH OF THIS TOS, ANY OF YOUR CONTENT, OR YOUR OTHER ACCESS, CONTRIBUTION TO, USE OR MISUSE OF THE SERVICE OR HARDWARE. GOFAR SHALL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, SUIT OR DEMAND.
21.2 GOFAR reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting GOFAR’s defense of such matter.
21.3 This provision survives termination.
22. INTELLECTUAL PROPERTY RIGHTS
22.1 You agree that the Service, the Hardware and their components (Intellectual Properties) contain proprietary and confidential information owned by GOFAR that is protected by applicable intellectual property and other laws. All rights, title and interest in and to the Intellectual Properties will remain with and belong exclusively to GOFAR.
22.2 Subject to the TOS, GOFAR grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service (and in the case of Software embedded on the Hardware, you may only use such Software on the Hardware). Except where expressly stated, your use of and access to any Services does not otherwise grant or transfer any rights, title or interest to you in relation to the Software, Site or Content.
22.3 By using the Service and the Hardware, you agree not to:
(a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party;
(b) use the Service or the Hardware in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service, the Hardware or their components;
(c) modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks;
(d) modify, adapt, hack, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Software, the Hardware or the Content (other than Your Content) in whole or in part and you agree not to (and must not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in the Software, the Hardware or the Content
(e) use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware. You must comply with any codes of conduct, policies or other notices GOFAR provides you or publishes in connection with the Service and the Hardware, and you must promptly notify GOFAR if you learn of a security breach related to the Service; or
(f) access the Service by any means other than through the interface that is provided by GOFAR for use in accessing the Service.
22.4 Subject to the TOS, GOFAR grants you a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray GOFAR or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are also granted a right to implement any RSS feeds located on the Site for your personal, non-commercial use, solely as described on the Site. We reserve the right to revoke these licenses, or your right to use specific links or RSS feeds, at our sole and absolute discretion at any time without notice, with or without cause.
22.5 You agree that the GOFAR name and logos are trademarks and service marks of GOFAR (collectively the GOFAR Trademarks). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us.
22.6 Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the GOFAR Trademarks displayed on the Services, without our prior written permission in each instance.
22.7 All goodwill generated from the use of GOFAR Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein by GOFAR are reserved and no license or right to use any trademark of GOFAR or any third party is granted to you in connection with the Service or Hardware. Software, Hardware and the transmission of applicable data, if any, is subject to United States export controls. No Hardware or Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service and Hardware.
22.8 GOFAR has the sole and absolute discretion to revoke any rights granted in this TOS at any time without notice. GOFAR reserves all other rights.
23. CLAIMS OF COPYRIGHT INFRINGEMENT
23.1 If you have reason to believe any part of our Content infringes the copyrights of others, please notify our Copyright Agent immediately in accordance with the method below. It is our policy to investigate any allegations of copyright infringement brought to our attention. We reserve the right in our sole discretion to immediately suspend and/or terminate access to any Site by any user who is alleged to have posted infringing materials or a link to infringing materials on the Site and to immediately remove or disable the allegedly infringing Content or link.
23.2 If you are the copyright owner (or are authorized to act on behalf of the copyright owner), and you believe that (a) any Content displayed on the Site infringes your copyright or (b) any link posted on the Site links to materials that infringe your copyright, please notify our Copyright Agent immediately in accordance with the method below. Within a reasonable time of GOFAR receiving your written notice of claim, containing the required information, we will remove or disable access to the materials that you claim to be infringing your rights (or the subject of infringing activity).
23.3 In allowing us to promptly deal with your claim, we require that notice be given in writing and includes the following information:
(a) a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
(b) a description of the material you believe is infringing or the subject of infringing activity, together with sufficient information to permit us to locate the material on the applicable Site;
(c) sufficient contact information to allow us to contact you, for example, your name, address, telephone number and, if available, e-mail address;
(d) a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
(e) a statement that all of the information you have provided is accurate; and
(f) a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
23.4 Your notice must be signed (physically or electronically) and addressed to the following:
Level 2, 11 York St, Sydney, NSW 2000
24.1 Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@GOFAR.co.
24.2 In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if GOFAR has not been able to resolve a dispute it has with you after attempting to do so), you agree to resolve any claim, cause of action or disputes you have with GOFAR arising out of or in relation to the TOS exclusively in the court exercising jurisdiction in the state of the New South Wales and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
26. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and GOFAR in relation to the use and access of the Services and Hardware and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this TOS will be binding unless in writing and authorized by GOFAR.
You may only assign your rights under the TOS with GOFAR’s prior written consent. Nothing in the TOS restricts GOFAR from assigning or transferring its rights under the TOS, whether in whole or in part, without prior notice.
28. GOVERNING LAW
The use of the Services and the Hardware are governed by the laws of the State of New South Wales, Australia without regard to the principles of conflicts of law. You agree to submit to the non-exclusive personal jurisdiction of the courts exercising jurisdiction in the state of the New South Wales, Australia for the purpose of resolving any dispute relating to your access to or use of the Service or Hardware.
29. CONTACT US