These Terms of Service apply exclusively to the iProtect network and provided services. Please note that you are not allowed to use the D+ Satellite services in territories where offering or using such services is forbidden by law. By agreeing to this Terms of Service, you will explicitly state that you have verified in your own territory if the offering and use of such services is allowed.

Article 1 - Definitions
1.1
These words have the following meanings in this agreement, either in the singular or in the plural form.
Account: Refers to the ability to use the iProtect service; SatLink service: Means the service provided by iProtect which allows subscribers to track or communicate with End-Users and for which iProtect receives payment;
Password: Refers to a code you selected, which, in combination with the User ID, gives you access to your Account; User ID: Refers to an identification code you selected, which in combination with the Password, gives access to your Account; iProtect: Refers to the entity iProtect Pty Ltd ACN 118 251 120 (iProtect ™), with its address at Unit 1 - 5 Ross Street, Newstead, Queensland, Australia, 4006; Subscriber: Means a subscriber of the iProtect service; End-User: Refers to the end user who is receiving or transmitting Data over the iProtect Network or iProtect provided device.

Article 2 - General Provisions

2.1
iProtect shall Endeavour to provide services with minimum disruptions. However iProtect cannot guarantee that it’s, iSeeu, Multi-Track, GS101, D+Satellite services will always function without disruptions, delay or other imperfections. Since these devices access the Inmarsat Network, Internet, Skynet Mobile Communications Pty Ltd Portal and other Telecommunication networks, you understand that you may experience some disruptions.  Additionally, you also understand that data to or from the iProtect Network may not be encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties through the public domain.

2.2
iProtect is entitled, without any liability, to refuse, limit, suspend and/or interrupt the D+ Satellite service, for any reason whatsoever, at its own discretion and with seven days notice to you.

2.3
iProtect may change the technical features of its products or services in order to keep pace with the latest demands and technological developments.

2.4
iProtect is not responsible for the data transmitted through these services. However, by accepting this Terms of Service, you agree to use our products and services only for lawful purposes.

Article 3 - Emergency Calls

3.1
You expressly acknowledge and agree that the iProtect’s products and services do not and are not intended to support or carry emergency transmissions to any type of hospitals, law enforcement agencies, medical care units or any type of emergency services of any kind; iProtect is not liable in any manner for such transmissions. In the event that, with your permission, another users use your account, you, the account holder will be responsible to inform that user that it is not possible to support or carry emergency calls with the iProtect network.

Article 4 - Your Cooperation

4.1
You will use the iSeeu, GS101, Multi-Track, D+Satellite products and services in accordance with these Terms of Service, the End User License Agreement and the relevant Government Legislation.

4.1
You agree not to resell the iSeeu, GS101, Multi-Track, D+Satellite product and services to any third party without express permission from iProtect.

4.2
You agree to indemnify, hold harmless and defend iProtect at your expense, against any and all third-party claims, actions, proceeding and costs, including but not limited to reasonable attorney's fees, incurred by iProtect arising out of or relating to your violation of the Terms of Service, the agreement, applicable law, or rights of any third parties and/or the misuse of iSeeu, Multi-Track, D+Satellite products and services.

Article 5 - User ID, Password and Account

5.1
In order to make use of the iSeeu, GS101, Multi-Track, D+Satellite service, iProtect will grant you a User ID, Password and Account.

5.2
You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible and liable for all activities conducted through your User ID, Password and Account, even if this occurs without your permission.

5.3
You agree to immediately notify iProtect in writing of any unauthorised and/or fraudulent use of your User ID, Password and/or Account. You agree to indemnify iProtect against any and all third party claims and all related liabilities arising out of, or relating to, the use of your User ID, Password and Account.

Article 6 - Account Balance
6.1
In order to pay for the D+ SATELLITE OR GSM MODEM service you must deposit a credit balance on your account by direct deposit, cheque, promotional voucher, or other means which may be made available by iProtect. New accounts paid by credit card are activated immediately upon receipt and validation of credit information. You must give us a valid credit card number (Visa, MasterCard, American Express or any other issuer then-accepted by iProtect) when the D+ SATELLITE OR GSM MODEM service is activated. iProtect reserves the right to stop accepting credit cards from one or more issuers.

6.2
In the event iProtect has provided you with a password or voucher number which represents a credit balance for the D+ SATELLITE OR GSM MODEM service, you will activate this credit balance on your account by typing this password or voucher number on the relevant part of the website www.iProtect.com.au

6.3
All credit balances on your Account are non-refundable. Notwithstanding the foregoing, iProtect will refund a credit balance, deposited by you through credit card, in the event you terminate your Account pursuant to article 7.2 and 15.1.

6.4
A credit balance expires after 180 days. Credit balances not used within said 180 day period will be lost. However, if additional credit balances are placed into your account before the current account balance expires, the existing credit balance will be carried over to the new expiration date.

Article 7 - Tariffs and Payment

7.1
For credits for the D+ SATELLITE OR GSM MODEM service purchased, you shall pay iProtect the tariffs as stated on the agreement. Unless stated otherwise, all tariffs and charges shall be stated in Australian Dollars and shall be exclusive of value added taxes (GST) or any other applicable taxes.

7.2
iProtect reserves the right to change the tariffs at any time by giving notice via directed post or e-mail. If you do not wish to accept such adjustment of tariffs, you are entitled to terminate your Account, by written notice, with effect from the date on which the adjustment of tariffs would become effective. You agree that by continuing to use the D+ SATELLITE OR GSM MODEM service following the adjustments of the tariffs, you accept such adjustments.

7.3
Charges shall be calculated by transmissions type including 'To Terminal' and 'From terminal' and 'Data' as described in the acceptance agreement.

7.4
During the all transmissions, charges incurred will be deducted automatically from your account.

7.5
In the event you believe that iProtect has charged you in error, you must contact iProtect Customer Services within 14 days after such charge is referred to on the monthly statement. Refunds or adjustments will not be given for any charges which are more than 30 days old.

7.6
You can only make use of the D+ SATELLITE OR GSM MODEM service when your account has a positive and sufficient credit balance.

Article 8 - Privacy, Personal Data and Traffic Data

8.1
iProtect is committed to respecting your privacy and the confidentiality of your personal and traffic data. The Privacy Policy, published on iProtect's website www.iProtect.com.au, applies to the use of personal data and the traffic data, as well as the confidential information transmitted via the D+ SATELLITE OR GSM MODEM services.

Article 9 - Intellectual Property Rights

9.1
All intellectual property rights regarding the D+ SATELLITE OR GSM MODEM service, including but not limited to the software and documentation that is used therefore developed and/or owned by iProtect shall be and shall remain the sole property of iProtect. The providing of the D+ SATELLITE OR GSM MODEM services does not imply any transfer of intellectual property rights.

9.2
You shall only obtain a non-exclusive and non-transferable right for the use of the D+ SATELLITE OR GSM MODEM services for the agreed objectives. You commit yourself to adhere strictly to any conditions laid down in the Terms of Service or imposed in any other way.

Article 10 - Limitation of Liability

10.1
In the event of iProtect being in breach of any of its obligations towards you under the agreement, iProtect will accept liability to pay damages only to the extent as laid down in this article 10.

10.2
iProtect can only be held liable for direct damages resulting from an attributable failure to perform its obligations under the agreement. Direct damages in this respect exclusively mean:
1. all reasonable costs incurred by you in order to have iProtect perform its obligations under the agreement;
2. all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this article;
3. all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this article.

10.3
The direct damages as meant in this article shall be limited to the amount the amount actually paid by you for the D+ SATELLITE OR GSM MODEM service during the year in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed $AU 500 Dollars.

10.4
To the maximum extent permitted by applicable law, in no event shall iProtect be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the D+ SATELLITE OR GSM MODEM service), even if iProtect has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

10.5
The above limitation of liability in article 10.3 shall cease to apply if and insofar as the loss is due to iProtect willful intent or gross negligence.

Article 11 - Loss of Service Due to Force Majeure

11.1
You acknowledge and understand that the D+ SATELLITE OR GSM MODEM service does not function and iProtect will not be in breach of any of its obligations towards you under the agreement in the event of a force majeure event. A force majeure event means any event beyond the control of iProtect including, but not limited to, an act of God, insurrection or civil disorder, war or military operations, national or local emergency, power outage or Internet service disruption, flood, subsidence, or weather conditions of exceptional severity.

11.2
In the event iProtect is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a best efforts basis.

Article 12 - Term and Termination

12.1
The agreement will be effective as of the date you accept the agreement, and will remain effective until terminated by either party as set forth in this Terms of Service.

12.2
You may terminate this agreement at any time, under the conditions provided herein. iProtect may terminate this agreement at any time, with or without cause, by providing notice to you and/or preventing your access to your account and to the D+ SATELLITE OR GSM MODEM service.

12.3
Upon termination of the agreement for any reason all licenses and rights to use the D+ SATELLITE OR GSM MODEM service shall terminate and you will cease any and all use of the D+ SATELLITE OR GSM MODEM service.

12.4
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of this agreement, including without limitation, all of your representations, warranties and indemnification obligations.

Article 13 - Assignment

13.1
You may not assign, or otherwise transfer, the agreement, or any rights or obligations hereunder without the other party's written consent (which consent shall not be unreasonably withheld or delayed).

Article 14 - Governing Law

14.1
The Agreement shall be governed by the laws of Australia.

14.2
All disputes that may arise under or in connection with the Agreement shall be exclusively submitted to the competent Court within Australia.

Article 15 - Miscellaneous

15.1
iProtect may modify these Terms of Services at any time by publishing the revised Terms of Services on the website www.iProtect.com.au If you do not wish to accept these revised Terms of Service, you are entitled to terminate your Account, in writing or by e-mail to billing@iProtect.com.au with effect from the date on which the revised Terms of Service would become effective. You agree that by continuing to use the D+ SATELLITE OR GSM MODEM service following the publishing of the revised Terms of Service, you accept these Terms of Service.

15.2
iProtect reserves the right to adjust the D+ SATELLITE OR GSM MODEM service at any time, for example to conform to legal and regulatory obligations. If you do not wish to accept these adjusted D+ SATELLITE OR GSM MODEM service, you are entitled to terminate your Account, in writing or by e-mail, with effect from the date on which the adjusted D+ SATELLITE OR GSM MODEM service will be provided.

15.3
The invalidity or unenforceability of any provision of the Terms of Service shall not affect the validity or enforceability of the remaining provisions of this Terms of Service. In the event of any provision of the Terms of Service being determined to be invalid, unlawful or unenforceable to any extent, parties shall agree upon a new provision that is to approximate the contents and scope of the original provision.
Last revised July 05, 2006.