GOFAR Terms and Conditions - Terms of Use - GOFAR

Terms & Conditions

Last updated: February 2016

 

Terms of Use

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.

1.3 ‘Privacy Policy’ means our collection and privacy policy containing the terms and conditions of how we collect and deal with your personal information which is available on our Site.

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.

1.7 ‘TOS’ means the terms and conditions for the use of our Services, including without limitation our Privacy Policy, which may be varied by us at any time without prior notice.

1.8 ‘You’, ‘Your’ means the users of our Services and Hardware.

1.9 Interpretation
(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. REGISTRATION

3.1 You must be a registered member to access or use our Services.

3.2 When you register and activate your account, you will provide us with personal information such as your name, contact details, vehicle information and any other information which may be required for the Services. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy which is available on our Site.

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.

4.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (upload or post) in connection with or relating to the Service or the Hardware (Your Content). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. GOFAR reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you consent to and grant GOFAR a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in accordance with the TOS. GOFAR has the right, but not the obligation, to monitor the Service, Hardware, Content or Your Content. You further agree that GOFAR may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. For more information about our use of the data collected by the Hardware and Services, please refer to our Privacy Policy (www.gofar.co/legal).

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.

4.5 You acknowledge that GOFAR may store any information you provide for a period of time. GOFAR will only use the information for identifying future members and for purposes as stated in our Privacy Policy. By providing the information, you represent to GOFAR that you have the relevant authority to disclose any third party details, including personal information such as names and email addresses to GOFAR.

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:

GOFAR
Level 2, 11 York Stm Sydney, NSW 2000
Australia
Email: support@gofar.co

(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. PAYMENT

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. TERMINATION

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. INDEMNIFICATION

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:
Copyright Agent
c/o GOFAR
Level 2, 11 York St, Sydney, NSW 2000
Australia
E-mail: support@gofar.co

24. DISPUTES

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.

25. PRIVACY

GOFAR collects personal information about you in order to provide the Services. By using the Service or the Hardware, you consent to our collection and use of personal data as outlined in our Privacy Policy. A copy of our Privacy Policy is available at www.GOFAR.co/privacy.

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.

27. ASSIGNMENT

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

At GOFAR, we welcome your comments, feedback and suggestions regarding our products and services. If you have any questions or comments, feel free to write to us at support@GOFAR.co. By writing to us, you acknowledge that we may use the information you provide to improve our product and services and for any other purposes we see fit. Any personal information you provide may only be used in accordance with our Privacy Policy.

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