Terns of Service

Our Terms Of Service

These Terms of Service (“Agreement”) are a legal agreement between you (“User” or “you”) and Medya Tech PTY LTD (“Medya Tech” or “we” or “us”), governing your use of Medya Tech’s prepaid tracking services (the “Services”). By purchasing and using the Services, you agree to be bound by this Agreement. If you do not agree to these terms, you may not use the Services.

1. Subscription-Based Services

• Subscription Model: Medya Tech provides subscription-based Services, where users pay a recurring fee for access to the tracking services. The Services are provided on a prepaid basis, and this Agreement does not constitute a contract between the parties.
• By subscribing to our services, you agree to pay the applicable fees as determined by our pricing plans and payment terms. Our services are not contract-based, and you may cancel your subscription at any time. However, no refunds will be provided for any unused portion of the subscription period.

2. Device Installation and Liability

2.1 User Responsibility: Users are solely responsible for the installation of tracking devices in their vehicles. Medya Tech does not assume any liability for damages or losses incurred during or as a result of the installation process.

2.2 You agree to indemnify and hold harmless Medya Tech, its employees, agents, and affiliates from and against any claims, losses, liabilities, damages, costs, or expenses arising out of your use of our services, including but not limited to any claims arising from the installation, maintenance, removal, or return of tracking devices or promotional materials.

2.3 Timeliness of Service: The timeliness of service is subject to the availability of Medya Tech’s technicians. While we strive to provide timely installations, we cannot guarantee specific timeframes for installation and activation of the tracking devices.

3. Device Ownership and Repossession

3.1 Ownership: The tracking devices provided by Medya Tech to users are not leased; however, Medya Tech retains ownership of the devices at all times.

3.2 Repossession: Medya Tech reserves the right to repossess the tracking device from a user’s vehicle after an extended period of inactivity. The inactivity period begins after 60 consecutive days of non-usage of the Services. Repossession may occur without prior notice, and Medya Tech will not be liable for any associated costs or damages arising from the repossessed device.

4. User Responsibilities and Conduct

4.1 As a user of our services, you agree to:

1. Provide accurate and up-to-date information during the registration process.
2. Use our services only for lawful purposes and in compliance with all applicable laws and regulations.
3. Maintain the confidentiality of your account login credentials and promptly notify us of any unauthorized use of your account.
4. Ensure that the tracking devices are used in vehicles you have legal authority to track and monitor.
5. Not tamper with or attempt to circumvent the functionality or security features of our platform or tracking devices.

4.2 Prohibited Actions: You expressly agree not to:

1. Upload, transmit, or distribute any content that is defamatory, abusive, obscene, offensive, or violates the rights of others.
2. Engage in any activity that disrupts or interferes with the functionality or security of our platform or services.

iii. Attempt to gain unauthorized access to any part of our platform, accounts, or systems.

1. Use our services for any commercial purposes without obtaining prior written consent from Medya Tech PTY LTD.
2. Harvest or collect any personally identifiable information from our platform without consent.
3. Impersonate any person or entity or falsely represent your affiliation with Medya Tech PTY LTD or any third party.

5. Promotional and Demo Users

5.1 Liability: For users participating in promotional or demo programs, you are fully responsible for the installation, maintenance, removal, of any promotional materials, including tracking devices, provided by Medya Tech. This responsibility extends to ensuring the return of any such materials at the end of the promotional or demo period.

5.2 Account and Device Disabling: Medya Tech reserves the right to disable your account, devices, and equipment if you fail to return the promotional materials upon the termination of the promotional or demo period. Medya Tech may exercise this right to encourage the prompt return of its materials, including but not limited to disabling accounts, use or equipment to coerce return.

6. Modifications

6.1 Terms: Medya Tech reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon posting the revised terms on the Medya Tech website or notifying you through other means. It is your responsibility to review the terms periodically. Your continued use of the Services after the posting of any modifications constitutes your acceptance of the revised terms.

6.2 Services:

1. Service Changes: Medya Tech PTY LTD reserves the right to modify, update, or discontinue any part of our services or platform without prior notice.
2. Feature Changes: We may add, remove, or modify features or functionalities of our services at any time, and such changes may affect the availability or performance of certain features.

7. Termination:

7.1 Medya Tech PTY LTD reserves the right to terminate or suspend your access to our services at any time for any reason, including but not limited to a violation of these Terms of Use or suspected fraudulent or illegal activity.

7.2 You may terminate your account and subscription at any time by following the instructions provided within our platform. Any outstanding fees or obligations shall remain payable.

8. Governing Law and Jurisdiction

8.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Medya Tech PTY LTD is incorporated. Any legal action or proceeding arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

9. Severability

9.1 If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect.

10. Disclaimer and Limitation of Liability

10.1 No Warranties: The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Medya Tech disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 Service Availability: Medya Tech does not guarantee uninterrupted or error-free access to the Services, and shall not be liable for any downtime, service interruptions, or other technical issues that may arise.

10.3 User Responsibility: Users acknowledge that the use of the Services is at their own risk. Medya Tech shall not be responsible for any damages, losses, or liabilities arising from the use or Inability to use the Services, including but not limited to any direct, indirect, incidental, consequential, or punitive damages.

10.4 Any material downloaded or obtained through the use of our services is done at your own discretion and risk.

10.5 Third-Party Services and Content: Medya Tech may provide links to third-party websites or services. These links are provided for convenience only, and Medya Tech does not endorse, warrant, or guarantee the content, accuracy, or quality of such third-party services. Users acknowledge that their use of third-party services is at their own risk.

10.6 Limitation of Liability: In no event shall Medya Tech be liable for any damages, whether arising in contract, tort, or otherwise. Medya Tech PTY LTD shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our services, including but not limited to any damages related to the installation, maintenance, or removal of tracking devices.

11. Intellectual Property

11.1 Ownership: All intellectual property rights, including but not limited to trademarks, logos, service marks, copyrights, patents, trade secrets, and any other proprietary materials associated with Medya Tech PTY LTD and our services, shall remain the exclusive property of Medya Tech PTY LTD.

11.2 Limited License: Subject to these Terms of Use, Medya Tech PTY LTD grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our platform and services for personal and non-commercial purposes.

11.3 Restrictions: You agree not to reproduce, modify, distribute, display, perform, or create derivative works of any intellectual property owned by Medya Tech PTY LTD, unless expressly authorized in writing by us.

12. Website Usage

12.1 Prohibited Activities: You agree not to engage in any activities on our website and platform that are unlawful, offensive, harmful, or infringe upon the rights of others. This includes, but is not limited to, the transmission of viruses, malware, or any other malicious code.

12.2 Third-Party Websites: Our website and platform may contain links to third-party websites or resources. Medya Tech PTY LTD does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be held liable for any damages or losses incurred as a result of your use of such third-party websites or resources.

13. Indemnification

13.1 You agree to indemnify, defend, and hold harmless Medya Tech PTY LTD and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

1. Your use of our services.
2. Your violation of these Terms of Use or any applicable laws or regulations.
3. Any claims or disputes between you and any third party.

14. Privacy and Data Protection

14.1 Privacy Policy: Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our services, you agree to our Privacy Policy, which can be accessed on our website.

14.2 Data Security: While we implement reasonable security measures, you acknowledge that no data transmission or storage system is completely secure. You agree that Medya Tech PTY LTD shall not be liable for any unauthorized access, loss, or alteration of your data.

14.3 Data Usage: Medya Tech PTY LTD may collect and analyze anonymous usage data to improve our services, develop new features, and enhance user experience. By using our services, you consent to the collection and use of such data as described in our Privacy Policy.

15. Entire Agreement

15.1 This Agreement constitutes the entire agreement between you and Medya Tech PTY LTD regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written.

16. Waiver

16.1 The failure of Medya Tech to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17. Contact Information

17.1 If you have any questions or need further information regarding these Terms of Service, please contact us on numbers and email addresses provided on the website. The response time is entirely dependent on the volume of communication and our ability to get through them.

By purchasing and/or using the Services provided by Medya Tech PTY LTD, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms govern your use of the Services and establish a legally binding agreement between you and Medya Tech PTY LTD.