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Terms and Conditions
GPS Log Book Website
Your use of this website, is at your risk and is at all times subject to these terms and conditions. By using this site you expressly and irrevocably agree to be bound by these terms and conditions which solely regulate your relationship with Detonation Creative Ltd. trading as GPS Log Book NZ (hereafter referred to as DC).
These terms and conditions may be altered from time to time by DC and you are required to regularly review and familiarize yourself with these terms and conditions. Your continued use of this website or any service or product offered on or through this website after any change to these terms and conditions reaffirms your express and irrevocable agreement to be bound by these terms and conditions, as amended.
Detonation Creative Ltd T/A GPS Log Book NZ (DC)
DC is New Zealand owned and operated. DC is a company duly incorporated and registered in accordance with the relevant laws of New Zealand. It has the legal right and title to pass ownership of the items it sells on this website.
Information and Privacy
For various reasons DC may require you to register through this website, providing your private information, so as to be able to properly and effectively use the item you have purchased. DC may also collect information from you through the use of cookies, or the like, to capture some of your information to assist it in providing the products and/or services it offers. This information is treated in the strictest confidence and DC shall use reasonable endeavours to protect this information from third parties. While DC shall take such reasonable endeavours, it cannot and does not guarantee the absolute security and safety of your confidential information shared with or gathered through this website. Please be aware that through making a purchase on this website you will be re-directed to our banking partner’s websites in order to facilitate payment. DC has no control over these entities or their websites and accordingly makes no warranties or representations about your use of these websites. DC shall not, without your prior permission or unless compelled to by law, disclose, use, sell or distribute your confidential and personal information other than using it to permit your effective use of the items you purchase on or through this website. DC may use some of your information, of a generic nature, for the purposes of compiling reports and statistics for its or other’s benefit.
Use and Ownership
This website and all intellectual property associated therewith and/or created thereby or recorded thereon is and shall remain the sole and exclusive property of DC. No one may copy, change, reproduce, distribute, transmit, modify or use, for any reason other than its principle purpose, this website or any portion thereof without the prior written consent of DC. You may not interfere with the operation or accessibility of the website nor may you upload any virus or other software onto this website. Should you do any of the aforegoing you hereby indemnify and hold DC harmless against any and all damage that it may suffer, direct or indirect, as a result of your conduct. DC has and reserves the right to monitor and/or investigate your use of this website and, as owner, DC may, at any time and at its sole and absolute discretion, suspend, change, restrict or vary your rights of use of this website. DC may also, at any time, for any reason and without notification to you, suspend, withdraw, vary, amend or change the website, or any part thereof. You have no claim against DC should it do so. The symbols, trademarks or logos of third parties on this website are used in accordance with their policies and remain the respective owners property at all time. The same restrictions as set out above apply to these items in addition to the terms and conditions of the specific party in each case to which you must refer.
Registration
It is your sole duty and responsibility to provide your correct information and details when registering, and to keep your log on/account and/or password and/or any other identifying requirement safe and not to disclose it or make it available to any third party. You are responsible for any and all activity that takes place or occurs under your log on/account and/or password. Should you believe that your log on/account information has been compromised you are to contact DC’s offices immediately and notify them of such fact. DC will take reasonable steps, once you have provided the requested information, to prevent the use of your log on/account and/or password after you have advised it that it has been compromised but will not be liable, in any way, as a result of a third party using your log on/account and/or password. You may not be able to register on this website if your location is not within New Zealand.
Purchases
All payments made on this site are made through our banking partners and you will leave this website and utilise our banking partner’s websites to facilitate the payment. As such you shall provide and share your highly confidential banking and personal information through a site over which DC has no right or control and you accordingly agree that DC has no duty or obligation to you nor any liability to you through your use of these different websites. Payment for any product and/or service secured on or through this website must be made in New Zealand Dollars. The exchange rate on any foreign currency payment or purchase will be calculated by and through our banking partner’s websites.
Products
DC offers various products and/or services over this website. Each product and/or service has different performance requirements, different performance parameters, different processes, prices and abilities. You should ensure, before purchasing any product and/or service on or through this website that you have read and understood and accepted the specific terms and conditions applicable to each product and/or service, including any on-going subscription requirements. The products and/or services offered on this website are all subject to availability. DC undertakes to advise you as soon as possible after you have purchased any product and/or service if it is no longer available and refund you your money. Some products may not function or offer the advantages as advertised, in different countries. Products purchased on or through this website are for private use and consumption only and may not be on-sold by the purchaser or exported without the prior written consent of DC.
Subscriptions
Certain products, including the GPS Log Book device, sold through this website require an on-going current subscription in order to access the website and to use its functionality. Each product and/or service has different subscription requirements, prices and features. You should ensure, before purchasing any product and/or service on or through this website that you have read and understood and accepted the specific terms and conditions applicable to each product and/or service, including any on-going subscription requirements.
Refunds and Returns
You are entitled, should you purchase a product on or through this website, to cancel this purchase within 10 days of receipt of the product by you. DC shall, subject to the product being returned in good working order and in unopened and/or undamaged packaging to its address, at your cost, refund you the amount which you paid for the product. The refund shall be paid to you within 30 days after the product has been returned. Should you not be satisfied with the product and/or service purchased on or through this website at any time within 3 months of receipt of the product and/or service, whether due to the product and/or service being damaged, defective and/or unsuitable, you may return the product to DC which will inspect the product and if confirmed to be defective or damaged (excluding: normal wear and tear, wilful or negligent damage, or damage caused by or through unauthorised repair or alteration), replace the product and/or refund you the price you paid for the product. Should you wish to return a product due to it being unsuitable you shall be charged a reasonable cost for the use of the product to date and for the repackaging of the product. Certain products sold on or through the website carry their own additional warranty or guarantee.
Delivery
DC will use its best endeavours to have the product delivered to your address within the borders of New Zealand within 5 working days of your payment being received. A delivery fee may be charged in addition to the price advertised on the website. You are obliged to advise DC immediately upon receipt of any product should you receive it from the delivery supplier in a damaged state.
NOTE:
ownership of the product remains with DC until such time as you have paid all amounts due to DC in respect of the product.
Limitation of Liability
To the extent permitted by the laws of New Zealand DC has and shall have no liability to you other than as specifically set out herein or in the specific terms and conditions applicable to individual products and/or services. Specifically, without limiting the generality of the aforegoing statement, DC provides no guarantee or warranty regarding the use of the website, that it is free of viruses, bugs or any other harmful program and specifically not that it will always be operational or available. You agree that in the event that DC may be found to be liable to you, in delict or contract, for any loss or damage suffered, DC’s liability shall be limited to twice the purchase price of the applicable product purchased by you on or through this website.
Contact
For all purposes you should contact DC on:
support@gpslogbook.co.nz
GPS Log Book Product
This page is intended to provide you with all the necessary information in regard to the use of, and the terms and conditions applicable to such use, of the GPS LOG BOOK (GLB) which you have just purchased or are about to purchase.
Purpose
The GLB has been designed to record, electronically, the distance covered by a specific vehicle so as to be able to accurately compile and produce a “log book” which can be easily supplied as evidence for tax purposes or if you are claiming any costs in relation to your business travel. As such it is designed to function and operate within New Zealand.
PLEASE NOTE
: If you are a driver of a commercial or heavy motor vehicle and are subject to work time limits and are required to complete a logbook, the GPS Log Book device is NOT a replacement for a commercial driver’s log book as required by NZTA.
PLEASE NOTE
: You must have a functioning computer and reasonable internet access in order for the GLB to record, update and store the travel you have undertaken through our website. You should not purchase the GLB if you do not have access to the internet as it will not serve its purpose of being able to complete and present a “log book” for the purpose of providing evidence of travel.
Quick Start and Operational Guide
Remove GLB carefully from packaging.
Access the internet and go to the following web address:
www.gpslogbook.co.nz
Click on downloads and select the application specific to the operating system used by your computer e.g. Windows 7.
Download the selected application which will enable the GLB to synchronise with your computer and the web based services offered.
Connect the GLB to your computer using the USB cable supplied.
A registration page will appear on which you can record your personal details. You must enter the GLB device details (as requested) and link it to
one specific vehicle
.
Once successfully registered a message will appear on screen notifying you of this fact.
Your GLB shall then be operative and can be plugged into your car’s cigarette lighter to record the details of your journeys and can then be “uploaded”, using the application you have downloaded onto your computer, to create the “log book”.
Once plugged into your cigarette lighter the LED light on the GLB will turn red until such time as it has obtained a GPS fix and then it shall turn green. This means that it is operating correctly. You should from time to time check to make sure the green light is on.
In order to be able to produce the “log book” or various reports offered by the GLB, it must be connected to your computer and the information uploaded. It is
strongly recommended
that you do this at least once every two weeks. Should you not do so, the GLB may not operate as efficiently as it is designed to do.
You must designate the trips, on the website and through the application, which the GLB records as either “business” or “private” in order to be able to compile the “log book” required by tax authorities. It is your responsibility to properly allocate your “business” and “private” travel.
At the end of the reporting period simply run the report function on the website which will then produce all business travel in a report which you can include as evidence of business travel.
Licence and Subscription
In order to use the GLB to compile the “log book” you are required to download and use certain software from the internet, provided on the above website.
You will be required to
agree to
the terms of use of the software during the course of registering the GLB.
The software may be updated from time to time and these updates will automatically download on to the GLB when it is connected to your computer and you use the application to download the data from the GLB. Should you not regularly download the data through the application you have downloaded from the website provided the updates shall not be installed on your GLB and it may not operate correctly.
By purchasing the GLB you have acquired a 1 (one) year subscription, from registration of the device on the internet, to use the necessary software. Once the intial subscription period has elapsed you will be required to renew the subscription, at the applicable price at the time, in order to continue using the software and features of the website.
We may offer additional services or options through the GLB or the website to which you will be able to subscribe and which may have licence fees applicable. We will notify you clearly if any further services or options have licence fees applicable.
Support
Should you experience any difficulties or problems with the registration of the GLB you should contact us using the support details provided on the website (
www.gpslogbook.co.nz
).
We will endeavour to respond and assist you as soon as possible.
Warranty
We offer a 12 (twelve) month, from date of purchase, replacement warranty, provided that this is only for manufacturer’s faults with the GLB and not damage caused by misuse of any description or lack of maintenance or care (including for example, water exposure or being dropped).
Should you wish to claim on the warranty you should return the GLB (only the GLB not the cable supplied with it) to us, with your details and details of the fault. We shall test the GLB and if found faulty due to a manufacturing fault a replacement GLB shall be sent to you as soon as possible, free of charge.
Returns Policy
In addition to our standard returns policy, should you, within 10 (ten) days of receiving the GLB, wish to return the GLB (together with all original packaging and contents of package), you may do so if the GLB is damaged or unsuitable for use or you have found that it does not meet its stated purpose.
Should you return the GLB (together with all accessories in the packaging) you shall receive a full refund less a reasonable fee for the re-packaging of the GLB (if the packaging is damaged) and for the use of the GLB should you have in fact used it.
Charger
The GLB has a facility that permits a USB device to be connected to it for charging. The USB connection complies with the USB.org specification required of USB connections and accordingly should fit and be able to be used by all standard USB devices.
We cannot and do not however guarantee that each and every device will be able to be charged through the GLB USB connection and we take no responsibility for any loss or damage that may be caused as a result of this. Please refer to the website for a list of tested devices.
Power
The GLB requires power in order to operate. The power is provided by plugging the GLB into the cigarette lighter (power adaptor) in your vehicle.
Please note that it must be plugged directly into the cigarette lighter or through another device which is either approved or offered by us.
Intellectual Property and Ownership
All the intellectual property in and to the GLB and the software used to operate and the operating system, back end and mechanism are our sole and exclusive property.
You may not copy, reverse engineer, duplicate, replicate or adapt, in any way, the GLB and/or the associated software. Should you do any one of these we shall pursue you both in the criminal and civil courts to protect our interests and recover our damages.
The symbols, trademarks or logos of third parties on this website are used in accordance with their policies and remain the respective owners property at all time. The same restrictions as set out above apply to these items in addition to the terms and conditions of the specific party in each case to which you must refer.
Supplied by
The GLB is supplied and offered by Detonation Creative Ltd trading as GPS Log Book, a company duly incorporated and registered, with business address at 13 Oak manor Drive, Albany, Auckland, 0632.
IMPORTANT INFORMATION: BE AWARE THAT:
Unless you register on the website as set out above, the GLB shall not operate as you require and will not be able to produce the “log book” and other functions it was designed to do. You should accordingly register the GLB as soon as possible after purchase.
Your purchase of the GLB includes a 1 (one) year subscription to use the software and website services from the date of registration of the device. After this initial period you will be required to renew your subscription at the applicable rate at the time in order to continue using the software and the website services.
The GLB must be plugged into the cigarette lighter of your vehicle in order for it to operate.
Each GLB must only be linked to only
1
(
one
) vehicle otherwise it will not provide the “log book” report as required. Should you have more than one vehicle which you require a “log book” for, you should obtain a GLB for each vehicle.
The GLB is
not
a tracking device nor is it a security device.
The GLB communicates with satellites. Should you be undercover (underground parking for example) or in an area in which the GLB cannot locate any satellites the GLB will not function.
The GLB uses special offline data to assist with GPS satellite acquisition and in order to operate optimally should be synced with the server at least once every two weeks.
While the GLB may be used outside of New Zealand, there is no guarantee that it will operate outside of the borders of New Zealand and further that the records it produces will be acceptable to any other party, for any purpose whatsoever.
While we have tested the GLB in most makes and models of vehicle, it has been impossible to test each and every vehicle in existence. As such the GLB should work in most vehicles. Should it not work in your vehicle please notify us immediately, return the GLB (together with everything in the packaging) to us and we will immediately refund you, provided the amount you have paid reflects as cleared funds in our bank account.
Should you not use the GLB with due care and in accordance with the instructions and recommendations set out herein, we shall have absolutely no liability for any damage or loss that may be suffered or incurred as a result.
It is solely and absolutely your responsibility to ensure that the data recorded on the GLB is successfully transferred when connected to your computer and the information uploaded to the website. Further, you alone shall be responsible for any loss or corruption of or damage to any data. We have absolutely no liability in this regard whatsoever. By using the GLB you acknowledge this fact and agree to hold us harmless.
Our
standard terms and conditions apply
save that where there is any conflict between our standard terms and conditions and these terms and conditions, these terms and conditions shall apply.
© Copyright
Digital Matter Embedded
2013