Privacy Statement & End User License Agreement
At SolBox your privacy is ensured. We will not sell, exchange or give away any of the information that you provide to us, without your explicit permission, as set out in the 2000 Privacy Act. We will use your information only for internal, corporate purposes. We will make every effort to ensure any information stored by us is kept up to date we therefore request you to notify us if any details have changed.
Registration is not required to gain access to the Site. However, there are sections of the web site which do require a password.
Collection of IP addresses and the use of “Cookies”
When you visit our Site, some information such as your Internet protocol address, Internet service provider, operating system, the Site from which you arrived, and the time and date of your visit may be collected automatically as part of the software operation of this Site. This intake of information is not personally identifiable. SolBox uses this information solely for internal marketing purposes, for example, to see what pages are most frequently visited in order to improve the Site. After it is used for internal marketing purposes, this information is discarded.
We also collect information through the use of a technology called “cookies.” A cookie is a small file that a web site can send to your browser, which is then stored on your system by your browser. The use of cookie technology on solbox.it is solely for internal marketing purposes. If you are uncomfortable accepting cookies from our Site or any other, you can set your browser to notify you when a Site attempts to send you a cookie, giving you the opportunity to decide for yourself whether or not to accept the cookie. You can also set your browser to turn off cookies.
Any time SolBox collects information that you voluntarily submit, it is SolBox’s intent to inform you of why this information is being requested and how it is going to be used. We may collect personal information from you including phone, electronic mail address, and other information you choose to provide at various times, for example, when you complete an online form or request. SolBox uses the personal information we collect online to process your requests, inform you of opportunities that we believe you might find interesting, and to understand your needs so that we can provide you with the highest quality of service. SolBox intends to protect and secure the personal information that you submit to this Site. SolBox will not sell, distribute, or give your personal information to any third party without your knowledge and consent. SolBox shall not be liable for any personal information that you submit to external vendors or to any web site linked to this Site.
The Site provides a capability for users to submit their resumes to SolBox via email. Any resume so received by SolBox will be held in confidence and used only for the purpose of considering the submitting party for employment. Such information is not shared with third parties external to SolBox domestic branches.
Children’s usage of the Site
This Site is intended for adult use only. It is not intended for children, and we ask that minors not submit any personal information to us.
SolBox uses location data from the SolBox Live driver app for Android and iOS to provide real-time accurate estimated time of arrival notifications to customers as well as optimizing routes. Location data helps improve services, including pickups, deliveries, navigation and customer support. Drivers may enable or disallow SolBox to collect location data from the settings on the mobile device.
If you have any questions about this Site, please email the webmaster at email@example.com
- Any new drivers/vehicles added to the fleet during the term of the contract will require a new order form to be completed.
- Back-ups of data are stored by SolBox for 12 months unless agreed otherwise. An export of that data can be made available to the client as required for separate storage on the client side.
- Ongoing maintenance of the software is included in the contract.
- On referring to third parties in the contract SolBox is referring to SolBox, Hardware suppliers, telecommunication providers, server providers and GPS/GLONASS providers.
(a) You will be taken to have accepted these terms and conditions (and the remainder of this agreement including any applicable Order Form) if you sign these terms and conditions or if you order, accept or pay for any services provided by SolBox after receiving or becoming aware of these terms.
(b) The Software licence, and applicable parts of this agreement, will continue to renew automatically as described in clause 17.3, unless and until the Client provides SolBox with notice that this agreement is to be terminated in accordance with the applicable timeframes and other requirements in clause 17.
(c) In the event of any inconsistency between these terms and conditions and any Order Form, the clauses of these terms and conditions will prevail to the extent of any inconsistency.
(d) Words used in this agreement have the meaning given to them in the Order Form, or by the words immediately preceding the defined word bolded and in brackets.
2. PARTY OBLIGATIONS
(a) In consideration for the payment of the Fees, SolBox will provide the Client with the Services set out in an Order Form and in accordance with clauses 4, 5, 6, 7, 9, 10, and 11 as applicable.
(b) Unless otherwise agreed, SolBox may, in its absolute discretion:
(i) not commence work on any Services until the Client has paid any Fees or deposit payable in respect of such Services; and
(ii) withhold delivery of the Services or any part of the Services until the Client has paid the invoice in respect of such Services.
(c) If you want to change the option you have selected for payment for the Hardware, we will agree to a new Order Form that sets out the variation to the Services and the Fees.
2.2 CLIENT OBLIGATIONS
(a) The Client must provide SolBox with all documentation, information and assistance reasonably required by SolBox to perform the Services.
(b) The Client agrees that it will not by receiving or requesting the Services:
(i) breach any applicable laws, rules and regulations (including any applicable privacy or stalking laws); or
(ii) infringe the intellectual property rights or other rights of any third party or breach any duty of confidentiality.
(c) The Client must notify all users of the Vehicle that the SolBox Solution is installed on the Vehicle and of the purpose and capabilities of the SolBox Solution.
(d) The Client must only use the Hardware and Software in accordance with the user manual and installation manual provided by SolBox to the Client. The Client must ensure that all other persons accessing the Services are familiar with those manuals.
(a) The Client must pay to SolBox the Fees in the amounts and at the times set out in the cost breakdown in the Order Form (Upfront fees and recurring fees), regardless of the quantity or quality of data obtained by the Client through using the Services, unless subject to clause 17.1
(b) SolBox reserves the right to suspend all or part of the Services indefinitely where the Client fails to pay the Fees in the amounts and times specified in the Order Form.
(c) If the Client fails to make a payment on the date due in accordance with the Order Form, interest will not accrue.
(d) If, after 30 days after a payment due date, you fail to make a payment, SolBox may refer the matter to third party debt collectors. You consent to SolBox providing your details to third party debt collectors for the purposes of this clause.
(e) Unless otherwise indicated, amounts stated in an Order Form do not include GST. In relation to any GST payable for a taxable supply by SolBox, the Client must pay the GST subject to SolBox providing a tax invoice.
(f) SolBox reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(a) The Software is owned or licensed by SolBox. Nothing in this agreement transfers ownership rights in any intellectual property in the Software.
(b) SolBox grants to the Client a non-exclusive, non-transferable licence to use the Software during the Term for the Client’s business management purposes for the Subscription Period.
(c) The Client must not, and must not encourage or permit any third party to, without SolBox’s prior written approval:
(i) make copies of the Software;
(ii) adapt, modify or tamper in any way with the Software;
(iii) remove or alter any copyright, trade mark or other notice on or forming part of the Software;
(iv) create derivative works from or translate the Software;
(v) publish or otherwise communicate the Software to the public, including by making it available online or sharing it with third parties;
(vi) sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software to any third party;
(vii) decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
(viii) attempt to circumvent any technological protection mechanism or other security feature of the Software; or
(ix) permit any other person to use or access the Software.
(d) The data collected through the Software may not be completely accurate as factors such as GPS reception and Hardware issues affect measurements, and SolBox’s algorithms are approximate. The Client acknowledges and agrees that any measurements or other data provided to the Client are approximate.
(e) The Client acknowledges and agrees that the look and feel, and functionality, of the Software may change during the Term in accordance with Enhancements made under clause 11.
All (if any) Hardware provided to you was designed by SolBox and/or another party, and manufactured by a third party.
Where an Order Form states that the Services include a Rental for the Hardware:
(a) The Hardware is rented to you and will at all times be and remain the property of SolBox or 3rd party financer. You will not have any right, title or interest in or to the Hardware except as expressly set out in these Terms. You must not, without SolBox’s prior written consent, part with possession of the Hardware during the Term.
(b) You must ensure that no damage is caused to the Hardware during the Term.
(c) Risk of damage and loss will transfer to the Client on delivery of the Hardware.
(d) You must return the Hardware at the end of the Term, unless you notify us that you wish to swap to a Monthly Payment Plan no less than one month prior to the end of the Term. If you fail to return the Hardware within 30 days from the end of the Term, this agreement will continue to renew despite any notice of your intention to discontinue and you will continue to be liable to pay the Monthly Fees.
5.2 MONTHLY PAYMENT PLAN
Where an Order Form states that the Services include a Monthly Payment Plan for the Hardware:
(a) You acknowledge and agree that no rights of ownership in the Subscription Hardware vest in you during the Term.
(b) You must ensure that no damage is caused to the Hardware during the Term. Risk of damage and loss will transfer to the Client on delivery of the Hardware.
5.3 HARDWARE OWNERSHIP
Where an Order Form states that the Services include the Client purchasing Hardware:
(a) ownership and risk of damage and loss will transfer on delivery of the Hardware; and
(b) the Hardware is non-refundable, including if this agreement is terminated for any reason, unless there is a failure or fault of the Hardware not caused by the Client. To avoid doubt, if Hardware is no longer required or is no longer able to support the business operations of the Client, no refund will be provided.
Where an Order Form states that the Services include SolBox performing Installation Services:
(a) the costs for Installation Services are restricted to performance within 25kms of major capital cities. Outside this radius, additional travel and call out fees may apply.
(b) the Client must ensure that the premises and Vehicles are made available to SolBox at the time that SolBox nominates, in its absolute discretion, for Installation. If the installer needs to wait for the Vehicle to be ready, there will be a waiting charge of $50+GST per 30 minutes of waiting, or a rescheduling fee (where the Vehicle is unavailable) of $180+GST; and
(c) the Client is responsible for providing SolBox with all information, furniture and power relevant to SolBox being able to complete the Installation at the time specified.
Where an Order Form states that the Services do not include SolBox performing Installation Services, SolBox accepts no responsibility for the successful installation of the Software. The Hardware must be installed by a qualified auto-electrician to avoid voiding any warranty.
Additional costs of $75+GST will apply for removal or re-installation of the Hardware.
7. THIRD PARTY TELECOMMUNICATION PROVIDERS
(a) Use of the Software requires access to third party telecommunications providers.
(b) All signal coverage indicated on maps provided by telecommunications providers are intended as a “guide only” at the time of publication.
(c) As with any network based on satellite and wireless technology, local conditions may impact on the reception within the coverage areas, this may include such things as mountains, hills, bridges, power lines, road cuttings, tunnels, concrete buildings etc.
(d) SolBox is not in control of the wireless networks and internet connections used and cannot accept responsibility for any shortcomings or failures of any satellite, wireless, telecommunication networks or internet connections.
(e) SolBox is not liable for any inability to deliver due to any failures or downtime of any satellite, wireless network or internet connections used, even if such downtime causes the Client to not be able to access the Services and any consequences of that failed access.
8. SUPPORT SERVICES
(a) You acknowledge and agree that the Solution is to be self-managed through our web portal. SolBox cannot guarantee that the web portal or the Solution will always be functional.
(b) For the Support Services described in an Order Form, SolBox will use its best endeavours to assist you as soon as practicable.
(c) If we cannot resolve the issues within 30 days:
(i) you will be credited with the pro rata portion of time to access the Software licence and Hardware if applicable; and
(ii) you will not have a right to a refund for the Hardware or to terminate this agreement.
9. BACK-UP SERVICES
The Services include the back-up or storage of the Client’s information, data or other electronic materials (Backup Services). The Client acknowledges and agrees that:
(a) (backup location) SolBox will only use servers located in Australia wherever conveniently possible;
(b) (security) While SolBox will use its best efforts to ensure that any Client information, data or other electronic materials (Client Data) that is being backed-up or stored as part of the Backup Services will be stored securely, SolBox will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Client Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference;
(c) (service quality) SolBox does not guarantee that:
(i) backups of Client Data will be free from errors or defects; or
(ii) backups of Client Data will be accessible or available at all times; and
(b) (backups & disaster recovery) SolBox will use its best efforts to create scheduled backups of Client Data stored by SolBox. In the event that Client Data is lost due to a system failure, SolBox will attempt to restore the Client Data from the latest available backup but cannot guarantee that this backup will be free from errors or defects.
(a) SolBox may offer and install enhancements to the Software at any time, including new features and removal of features, bug fixes and tweaks. No enhancements, including removal of features, will entitle the Client to any refund or discount.
(b) All enhancements offered and installed by SolBox:
(i) are licensed by SolBox to the Client upon the same terms as this agreement; and
(ii) will be taken to be part of the original licensed copy of the Software and subject to this agreement.
(c) If enhancements are provided, the Client acknowledges and agrees that installation of enhancements may cause interruptions to the Services.
11. THIRD PARTY PROVIDERS
(a) The Client acknowledges and agrees that SolBox relies on Third Parties to deliver the Services. While every effort is made to ensure that the Services are delivered, the failure of third parties to perform activities may cause disruptions to the Services. Where this occurs, SolBox will use its best endeavours to ensure that disruptions are promptly resolved.
(b) If the Services involve SolBox acquiring goods and services supplied by a third party on the Client’s behalf or the use of third party providers to provide the Services, third party terms & conditions (Third Party Terms) may apply.
(c) The Client agrees to any Third Party Terms applicable to any third party goods and services that are used in performing the Services, and SolBox will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.
(d) The Client agrees that any third party software integrations with SolBox are not the responsibility of SolBox to maintain working connectivity and usage. SolBox will provide API connectivity wherever necessary. Updates to integration connectors are at the responsibility of the client.
(a) The Client acknowledges and agrees that due to circumstances beyond the control of SolBox, including software viruses, power failure, electrical or topological interference, equipment malfunction, tampering by unauthorised persons and the actions and omissions by suppliers of telephone services, police or emergency services or security patrol services, the Services may not operate at certain times for unknown periods.
(b) The Client acknowledges and agrees that SolBox is not responsible for damage or loss caused to the Hardware or a failure of the Software to perform, as a result of any location, accident, vandalism or other incident beyond SolBox’s control.
(c) The Customer acknowledges and agrees that installing the Hardware into a Vehicle could potentially cause damage to the Vehicle.
(d) Neither party will be liable for failing to perform its obligations under this agreement, including but not limited to payment or fulfillment of service, if it is caused by an event beyond reasonable control. These events include, but are not limited to, war, act of terrorism, theft, sabotage, act of God, riot or civil disturbance, industrial action, embargo, epidemic or pandemic, failure of other suppliers of goods or services to either party or any other serious, disruptive matter, of similar character to the extent that any such events or circumstances did not arise directly or indirectly as a result of any act or omission of either party.
(a) The Hardware has the benefit of 36 months’ warranty against defects for a period of 36 months from the Commencement Date. This warranty is void if the Hardware has been misused or otherwise damaged by the Client. In addition, the Hardware may be covered by a manufacturer’s warranty.
(b) If the Hardware was Installed by a SolBox representative, warranty on labour is covered for a period of 7 days after the installation completion form has been signed (which will be taken to be the Installation date for the purposes of calculating the 7 days).
(c) To the maximum extent permitted by applicable law, all other express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this agreement or an Order Form are excluded.
(d) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, SolBox’s liability for breach of that non-excludable condition, warranty or guarantee will, at SolBox’s option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(a) To the extent permitted by applicable law, SolBox’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or death or other damage) arising under or in connection with this agreement or an Order Form:
(i) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill; and
(ii) is limited, insofar as concerns other liability, to the total money paid to SolBox under this agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
(b) The Client indemnifies SolBox from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) to a limit of the total money paid to SolBox under this agreement as at the date the event giving rise to the relevant liability occurred which arise out of:
(i) any breach of this agreement by the Client; or
(ii) any negligent, fraudulent or criminal act or omission of the Client or its personnel.
15. DISPUTE RESOLUTION
(a) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this agreement prior to commencing any proceedings.
(b) If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
(c) The parties acknowledge that compliance with this clause 16 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
(i) in the case of applications for urgent interlocutory relief; or
(ii) a breach by another party of this clause 16.
17.1 TERMINATION FOR TECHNICAL ISSUES
(a) If a technical issue occurs with a Hardware device (Technical Issue), the Client must notify SolBox in writing.
(b) If SolBox fails to remedy the issue within 30 days of the notice of the Technical Issue, the Client will be refunded one month of Fees for the devices in question.
(c) If, after another 30 days from the date in subclause (b) of this clause, SolBox cannot resolve the Technical Issue, the Client may terminate only the faulty device/s in this agreement by written notice to SolBox after returning the hardware to SolBox and has been confirmed received.
16.2 EARLY TERMINATION BY CLIENT
The Client may terminate this agreement in whole or in part immediately by written notice to the Company if:
(a) SolBox has committed a material breach of this agreement or an Order Form (which is not a Technical Issue) and has failed to remedy the breach within 30 days of written notice by the Client;
(b) SolBox consents to such termination, subject to the Client’s fulfillment of any pre-conditions to such consent (e.g. payment of a pro-rata portion of the agreed fees); or
(c) SolBox becomes subject to any form of insolvency or bankruptcy administration.
16.3 TERMINATION BY CLIENT AT END OF THE TERM
(a) Unless subclause (b) of this clause applies, at the end of the Term, the Client may terminate this agreement with no less than 60 days’ written notice to SolBox. If the Client does not notify SolBox that it intends to terminate, this agreement and all applicable Fees will continue to renew in accordance with clause 1(b).
(b) If you have Hardware on Rental, at the end of the Term, the Client may terminate this agreement with no less than 30 day’s written notice to SolBox. If the Client does not notify SolBox that it intends to terminate, this agreement will roll over to a 12 month Software Subscription and all applicable licences and Fees will apply.
16.4 TERMINATION BY SOLBOX
SolBox may terminate these terms or any Order Form in whole or in part immediately by written notice to the Client if:
(a) the Client is in breach of any term of these terms or any part of an Order Form;
(b) the Client becomes subject to any form of insolvency or bankruptcy administration; or
(c) the Client is involved, or SolBox reasonably suspects that the Client is involved, in illegal activities.
16.5 EFFECT OF TERMINATION
Upon termination of this agreement, the Client must promptly pay (at SolBox’s request):
(a) outstanding Fees for Services to date and during the termination notice period; and
(b) payments required by SolBox’s suppliers to discontinue their work.
If the Client has possession of the Hardware in accordance with a Monthly Payment Plan or a Subscription, the Client must also promptly pay the remainder of the Hardware costs for the Term or return the Hardware.
Any provision of these terms (including in an Order Form) which, by its nature, would reasonably be expected to be performed after the termination, shall survive and be enforceable after such termination.
(c) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(d) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
18.1 GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
This Agreement may only be amended by a document signed by each party.
No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
18.6 FURTHER ACTS AND DOCUMENTS
Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.
18.7 ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement