Terms of Service
PART 1 – INTRODUCTION
1.1. Welcome to Roamr. This document governs the terms of use for Roamr's website (roamr.co) and the KatchU mobile app (collectively referred to as the "App"), operated by ROAMR TRACKING PTY LTD (ABN 39 677 183 096) ("Roamr," "us," "we," "our"), located at 3/114 Balliang Street, GEELONG SOUTH, VIC 3220.
1.2. Structure of the Agreement: These Terms of Use, along with our Privacy Policy and other relevant terms, constitute the Agreement between you and Roamr.
1.3. Importance of Terms: These Terms of Use are vital and govern your use of the Website and App, our trading relationship, and your purchase of Roamr products. Please review them carefully.
1.4. Acceptance of Terms: By using the App or making purchases on the Website, you agree to be bound by these Terms of Use. Third-party purchases of Roamr products may also be subject to the terms of those third parties.
1.5. Governing Rights: When purchasing Roamr products from authorized retailers, these Terms of Use govern your rights. Roamr is not liable for additional rights or obligations offered by third parties.
1.6. Changes to Terms: Roamr reserves the right to modify these Terms of Use without notice. It is your responsibility to review them regularly. Your continued use of the Website and App constitutes acceptance of any changes.
1.7. Legal Capacity: By agreeing to these Terms of Use, you affirm that you have the legal capacity to enter into binding agreements with Roamr. If under 18, you must have parental or guardian consent.
1.8. Corporate Use: If using the Website or App on behalf of a company or legal entity, you must be authorized to do so and bind such entity to these Terms of Use.
1.9. Reporting Issues: For any website-related problems, please contact Roamr at hello@roamr.co.
PART 2 – PRIVACY POLICY
2.1. Incorporation: The Roamr Privacy Policy is an integral part of these Terms of Use.
PART 3 – TERMS OF WEBSITE SALES
Placing an Order:
3.1. Product Offering: Roamr sells GPS tracking devices and related accessories ("Products") accompanied by the App.
3.2. Order Acceptance: Placing a Product in the Website shopping cart constitutes an offer. Roamr confirms acceptance upon receipt of payment and dispatches products with an invoice.
3.3. Order Confirmation
Roamr will confirm the acceptance of your order once your payment has been received in full as cleared funds. This confirmation will be done by dispatching the products to you and sending an invoice via email, indicating that your order has been accepted.
3.4. Order Cancellation
Orders accepted by Roamr can only be cancelled at Roamr's sole discretion, which may include recovering reasonable costs associated with accepting, delivering, and cancelling the order. You may request the cancellation of your order by contacting us and providing a reason for your cancellation request.
3.5. Personal Use Only
Orders are for personal use only. Products purchased cannot be resold.
Price
3.6. Pricing Information
Prices displayed on this Website are in the local currency where available or in the nearest currency to the location specified and include applicable sales tax (such as GST or VAT).
3.7. Order Costs
The cost of your order will be the price of the products listed on this Website. Additional charges, such as delivery fees, may apply as detailed in the ‘Payment’ section below.
Subscription Terms and Renewals
3.8. Subscription Requirement
The GPS products sold on this Website must be purchased with an appropriate subscription, which includes a cellular plan for the embedded SIM card to facilitate data transfer between the product and the App. After the initial subscription period ends, you must renew the subscription to keep the product functioning. Subscription fees vary by country and may change over time. Renewal fees are listed on this Website.
3.9. Automatic Renewal
All subscriptions will automatically renew for periods equal to your initial subscription term unless you cancel through your account by contacting us at hello@roamr.co. If you cancel, the subscription will terminate at the end of the current billing cycle, but you will not receive any credits or refunds for amounts accrued or paid prior to termination.
Payment
3.10. Order Payment
To pay for an order, complete the required details in the Shopping Cart and Checkout sections of this Website.
3.11. Accepted Payment Methods
We accept Visa, MasterCard, and PayPal for orders. You are responsible for all credit card, bank, and PayPal charges associated with your order. You agree that we may bill your credit card for renewals, additional users, and unpaid fees, as applicable.
3.12. Payment Processing
Once your payment is authorised by your bank, the order will be processed, and Roamr will issue a tax invoice if required by relevant laws.
3.13. No Right of Set-Off
You are not entitled to set off any amounts payable to Roamr in respect of your order.
Delivery
3.14. Delivery Fees
Roamr may offer free delivery for orders to selected countries. Most countries, however, will attract a delivery fee, which Roamr reserves the right to charge at its sole discretion. Any applicable delivery fees will be displayed on the Website before you confirm your order.
3.15. Delivery Agreement
For each order, you agree that: (a) The product will be delivered to the address specified in your order. (b) Roamr is not responsible for products sent to an incorrectly provided address. (c) Roamr is not responsible for products you fail to collect from the delivery agent or any third-party delivery depot.
3.16. Delivery Delays
Due to the nature of new products, there may be delays in manufacturing and delivery. If your order does not arrive within 30 business days of the email confirmation, please email hello@roamr.co for an updated ETA.
3.17. Title Transfer
Title to each product ordered remains with Roamr until full payment is received.
3.18. Risk Transfer
Risk for each product passes to you upon delivery to the address specified in the order or to a local delivery depot.
Warranty and Product Returns
3.19. Warranty
Roamr warrants that all products will conform to the specifications for a period of one year (Warranty Period).
3.20. Non-Conforming Products
If a product does not conform to the specification or your order, contact us at hello@roamr.co within the Warranty Period. Roamr support staff will attempt to resolve the issue via email or phone and determine if there is a technical fault.
3.21. Returns Policy
Please refer to the Roamr Returns Policy for more details.
Product Description and Availability
3.22. Product Details
We strive to ensure that details, measurements, and descriptions of products on this Website are as accurate as possible, but variations may occur.
3.23. Accuracy of Descriptions
We do not warrant that product descriptions are complete or error-free.
3.24. Product Availability
All products are subject to availability and may not be available in your specific country, state, or locality.
Part 4.1 – Terms of Use
Your Right to Use the Website and App
4.1.1. The Website and App are intended solely for your personal use. 4.1.2. Provided you comply with these Terms of Use, Roamr grants you a non-exclusive, non-transferable, limited right to access, display, and use the Website and App. You agree not to disrupt or attempt to disrupt the operation of the Website and App in any manner.
Ownership
4.1.3. All materials on the Website and App, including but not limited to audio, images, software, text, artwork, video clips, and other content (collectively, "Content"), are protected by copyright under Australian copyright law, international conventions, and other applicable copyright laws. You may not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit any part of the Website, App, or Content without explicit permission. The proprietary logos, service marks, and trademarks found on the Website and App are owned by, or licensed to, Roamr. Their availability on the Website and App does not grant you any license to use these proprietary logos, service marks, or trademarks. Unauthorized use of the Content may violate copyright laws, trademark laws, privacy laws, and other civil and criminal statutes. 4.1.4. You may download one copy of the Content for your personal, non-commercial use at home. If you download any Content, you may not remove any copyright, trademark, or other notices accompanying it.
Your Responsibilities
4.1.5. You may only use the Website, App, and Products for lawful purposes, in a responsible and cooperative manner, and in accordance with these Terms of Use. 4.1.6. You may not use the Website, App, or Products to track anything that you do not own or do not have the express permission of the owner to track. 4.1.7. You may not use the Website, App, or Products to track any person or animal for whom you are not the legal guardian or do not have the express permission of the person or animal's owner to track. Roamr disclaims all liability for your use of the Website, App, or Products, including any potential invasion of privacy. 4.1.8. It is your responsibility to ensure that your use of the Website and App complies with these Terms of Use and to seek prior written permission from Roamr for any uses not expressly permitted. 4.1.9. Roamr prohibits using the Website and App for the following:
- (a) Tracking people, animals, or items without express permission;
- (b) Transmitting or posting any unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically, or otherwise objectionable material or material invasive of another's privacy;
- (c) Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
- (d) Posting or transmitting any material that you do not have the right to reproduce, display, or transmit or that infringes on any rights of any person or entity;
- (e) Posting or transmitting any material containing viruses or corrupted data;
- (f) Using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website and App or that adversely affects the availability of Content to others;
- (g) Offering for sale, distributing, exchanging, modifying, or transmitting any Content or information received from Roamr;
- (h) Attempting to decipher, decompile, disassemble, or reverse engineer any of the software that constitutes the Website, App, or Content or to create derivative works from the Website and App.
Your Account
4.1.10. You may need to create an account (Your Account) to access certain information or functionality on the Website and App. You must provide complete and accurate information when creating Your Account. You must not use another person’s account and must immediately notify us of any unauthorized use of Your Account. We reserve the right to cooperate with any legal order, direction, or request to disclose the identity or other information relating to anyone posting material that violates any law.
The KatchU app has been developed by Shenzen EVIEW GPS Ltd, who will collect and store your data on their servers located in the USA exclusively for use with the KatchU App. KatchU requires you to create your own account in accordance with their Terms of Service, which can be accessed within the app.
Rights to Your Material
4.1.11. You may choose to upload your own materials to the App. Shenzen EVIEW Ltd retains full ownership of all materials uploaded, and some of those materials, such as profile photos, may be publicly accessible through the App. Materials such as history tracks, alarm history, and device settings may be shown to users you have specifically chosen to share with through the App, and you accept the sharing of those materials.
4.1.12. Roamr welcomes your feedback and invites you to submit comments regarding its products. However, please be specific and do not voluntarily submit any ideas, suggestions, or materials related to Roamr's business. If you do submit any such ideas, suggestions, or materials, whether directly to the Website and App or indirectly through third parties like Facebook, Instagram, YouTube, Pinterest, or Twitter (collectively, "Submissions"), these Submissions will be deemed the exclusive property of Roamr. No Submissions will be subject to any obligation of confidence on Roamr's part, and Roamr will not be liable for any use or disclosure of any Submissions. Roamr will own all intellectual property rights to the Submissions and will have the right to use, reproduce, modify, adapt, publish, translate, license, create derivative works from, and distribute such materials in any form, medium, or technology now known or later developed, for any purpose, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.
4.1.13. Consent to Use of Moral Rights
You consent to Roamr (including its successors, licensees, assignees, and authorized individuals) performing or omitting any acts related to your Moral Rights (and any similar rights that may exist globally) in connection with the use of your Submissions in any media, present or future. This consent applies even if the actions taken constitute derogatory treatment. If requested by Roamr, you agree to sign documents at Roamr's expense to formalize this grant of rights and consent.
4.1.14. Submission Review and Control
Roamr typically does not supervise, edit, control, monitor, or censor Submissions. However, Roamr reserves the right to review, edit, or remove Submissions at its discretion and may suspend your participation on the Website and App. You acknowledge that other users' views or opinions expressed on the Website and App are not necessarily endorsed by Roamr, and Roamr does not support any Submissions, opinions, recommendations, or advice.
4.1.15. Waiver of Claims
You irrevocably waive any current or future right to make claims or legal demands against Roamr based on the content of any Submissions on the Website and App.
4.1.16. Breach of Terms
If Roamr becomes aware of a breach of these Terms of Use, it may reject, refuse to post, or remove Submissions and restrict a user's access to the Website and App. Roamr reserves the absolute right to revoke a user's access at any time.
4.1.17. Reporting Offensive Content
If you find a comment offensive, unsuitable, or in violation of these Terms of Use, please contact us with a link to the comment and your reasons for objecting. We will consider your report and take appropriate action, though we may not contact you regarding our decision.
4.1.18. Agreement to Communications
By posting Submissions on the Website and App, you agree to: (a) Allow us to contact you via email and other electronic messages regarding your Submissions or information we believe may interest you. You can opt out of this service at any time by notifying us. (b) If you have subscribed to email updates and newsletters, you can cancel these at any time by notifying us.
Security of Electronic Transmissions
4.1.19. Internet transmissions are not completely private or secure. You understand that any message or information sent to the Website and App may be read or intercepted by others, unless specifically noted as encrypted. Sending an email to Roamr does not create any reciprocal obligation or responsibility from Roamr to you.
Links to Other Websites
4.1.20. The Website and App may contain links to other Internet sites. These links are provided for your convenience, and Roamr is not responsible for the content of any linked sites not owned or published by Roamr. Links do not indicate Roamr’s endorsement or approval of any site. Roamr disclaims all warranties regarding the accuracy, legality, reliability, or validity of any content on external websites.
Use of Website and App by Children
4.1.21. While the Website and App can be accessed by children, not all content is appropriate for all ages. Users under 18 must have parental or guardian consent. Children using the Website and App are subject to these Terms of Use, and their parents or guardians are deemed to accept these terms on their behalf. Roamr advises parents and guardians to supervise their children's use of the Website and App. Submissions by users under 18 require parental or guardian consent.
Termination
4.1.22. The right to access and use the Website and App under these Terms of Use remains effective until terminated by either party. You may terminate your rights by destroying all Website and App materials in your possession. Roamr may terminate your access immediately if you fail to comply with any term or provision of these Terms of Use.
4.1.23. Upon termination, you must destroy all Website and App materials and third-party user materials in your possession. Provisions necessary to give effect to their meaning will survive the termination of your right to access and use the Website and App, including all restrictions on you, licenses granted by you, releases, indemnities, and disclaimers in favor of Roamr.
PART 4.2. – TERMS OF USE KATCHU APP
4.2.1. The terms of service for the KATCHU app and products are agreed upon when the app account is created.
PART 5 – GENERAL
Intellectual Property
5.1. All intellectual property rights in Roamr products, including the App and those supplied in relation to an order from this Website or by any authorized retailer or supplier, are retained by Roamr. You are not entitled to reverse engineer or re-brand the products in any way.
Disclaimers
5.2. Roamr acknowledges that Roamr products supplied to you may come with guarantees under consumer law that cannot be excluded. Subject to these guarantees, Roamr gives no warranties or guarantees of any kind (whether express or implied) in relation to any Roamr products.
5.3. Roamr’s claims on this Website that the products are waterproof, splash-proof, or showerproof are not express warranties that the products are fully waterproof in all conditions. The products have been tested for water resistance under controlled circumstances and have achieved an IPX7 rating, indicating they can withstand a water stream projected from a nozzle in controlled conditions or be submerged in water up to a depth of 1 meter for 30 minutes. Roamr disclaims all liability for water damage that arises from any use of its products that exceeds the IPX7 rating.
5.4. The SIM card in each Roamr product relies on a mobile communications network. If the connection to this network is broken for any reason, the device will not work until the connection is restored. A connection may be broken if the product is used outside the network’s reach, if the network is non-functional, or if it is temporarily shut down for maintenance. Roamr disclaims all liability for any failure of the product due to the SIM card’s non-operation or faulty operation beyond Roamr's reasonable control.
5.5. Each Roamr product is designed for a specific use, which is listed on the product pages on the Website. Roamr disclaims all liability for any use of the products for purposes other than those specified.
5.6. Roamr is under no obligation to maintain your material or submissions and is not required to back up any data submitted by you.
5.7. The inclusion of any advertising, information, or third-party material on any page of the Website and App that promotes products or services supplied by parties other than Roamr does not imply endorsement or recommendation by Roamr.
5.8. While all reasonable care has been taken in publishing and maintaining the Website and App, Roamr and sponsors of any material presented on the Website and App accept no liability for any use of the Website and App or reliance upon material contained on the Website and App or any linked website. You should make your own inquiries and seek independent advice tailored to your specific circumstances before making any decisions.
5.9. Roamr will not be liable for any loss resulting from any action or decision by you based on the material or content on the Website and App, nor any interruption or delay in operation or transmission of the Website and App. You are solely responsible for any damage to your computer systems or loss of data resulting from your use of the Website and App.
5.10. You expressly acknowledge and agree that Roamr does not exert control over users of the Website and App and is not liable for their opinions, behavior, including any information or advice, defamatory statements, offensive conduct, or breaches of any law, including privacy laws.
5.11. Your use of the Website and App is at your sole risk, and you understand that the location data might not be accurate. Location technologies such as GPS are not entirely accurate and are subject to various conditions such as buildings and weather. GPS does not work reliably indoors. Roamr is not liable for inaccuracies in location technology.
Limitation of Liability
5.12. To the fullest extent permitted by law, Roamr, its related bodies corporate, and their officers, employees, agents, and contractors will not be liable for any loss or consequential loss resulting from your use of Roamr products (including in accordance with these Terms of Use), even if Roamr was made aware of the possibility of such losses. If this provision is unenforceable in any jurisdiction, then Roamr's liability for any loss will not exceed the retail price of the product at the time of purchase.
5.13. To the fullest extent permitted by law, Roamr will not be liable for any loss or consequential loss resulting from any use of or inability to use the Website and App or the content, even if Roamr was made aware of the possibility of such losses. If this provision is unenforceable in any jurisdiction, then Roamr's liability to you will not exceed the lesser of AU$1.00 or the amount paid by you, if any, for accessing the Website and App.
5.14. Without limiting any other provision in these Terms of Use, Roamr acknowledges that the Competition and Consumer Act 2010 (Cth) and other statutes in Australia may imply warranties or conditions or impose guarantees or obligations upon Roamr in relation to the products and services available on this Website. If any such statutory provisions apply, then Roamr's liability is limited to the extent permissible by law to one or more of the following at Roamr’s sole discretion: (i) In the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or acquiring equivalent goods; (ii) In the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
Release and Indemnity
5.15. You release Roamr from all loss resulting from: (a) Your use of the Website and App; (b) Any activity by you or a third party related to your account; (c) Your improper use of Roamr products; (d) Any injury received by you or related persons in connection with your use of Roamr products; and (e) Your failure to comply with these Terms of Use.
5.16. You agree to indemnify and keep indemnified Roamr from any loss Roamr incurs or suffers due to any default by you in respect of these Terms of Use or any act or omission by you in connection with your use of the Website and App.
Assignment 5.17. You are not permitted to assign your rights or relieve yourself of obligations under this Agreement without obtaining written consent from Roamr. 5.18. Roamr reserves the right to assign its rights or relieve itself of obligations without prior approval from you.
Force Majeure 5.19. Roamr shall not be held liable for delays or failure of performance resulting from events beyond its reasonable control. Such events may include, but are not limited to, acts of God, strikes, riots, war, epidemics, supplier failures, governmental regulations, power outages, earthquakes, or other disasters.
Variation 5.20. No changes to these Terms of Use shall be effective unless posted on the Website by Roamr or provided to you in writing and signed by an authorized representative of Roamr. 5.21. Amendments requested by you in your Order or other standard business forms will not be binding on Roamr unless agreed upon in accordance with clause 5.20.
Entire Agreement 5.22. These Terms of Use constitute the complete agreement between you and Roamr, superseding all prior communications, oral or written, regarding the subject matter herein. No statements or representations not expressly stated herein shall be binding.
No Waiver 5.23. Delay or failure in exercising any right under this Agreement shall not constitute a waiver of such right or any other rights herein. Consent to a breach of this Agreement shall not constitute consent to any prior or subsequent breach.
Severability 5.24. If any provision of these Terms of Use is deemed unenforceable by a court of competent jurisdiction, such provision shall be amended to the extent necessary to make it enforceable, while the remaining provisions shall remain in full force and effect.
Notices 5.25. Any required notices under these Terms of Use must be in writing and may be sent via email, deemed delivered twelve (12) hours after sending unless a delivery failure is notified. Roamr may use the email provided for Your Account or any other associated email address for communication purposes.
Consents and Approval 5.26. Any rights or powers to consent or approve matters under this Agreement may be exercised at the discretion of the relevant party, subject to any contrary clause. Parties seeking consent or approval must comply with any conditions imposed by the other party.
Governing Law and Forum 5.27. These Terms of Use and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, and waive any objections regarding forum or jurisdiction.
Interpretation 5.28. Definitions and interpretation of terms are provided in this section for clarity and understanding.
Customer Service We are available Monday through Friday to address your inquiries.
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Contact Us For further assistance, please email us at hello@roamr.co.