Kentrak Terms and Conditions
DRAFT FOR REVIEW — not published or legally approved. Prepared 29 September 2026. Effective date: [to be approved]. All proposed commitments and bracketed decisions require approval; see review notes.
1. Our agreement
These terms are between [legal operator name], trading as Kentrak, [ABN/ACN], [address] (“Kentrak”, “we”, “us”), and the person using the service. Contact: [support/legal contact]. If you act for an organisation, you must have authority to do so. Individual users must also have permission to access the relevant vehicle.
At account activation, you will be asked to agree to these Terms and the Disclaimers, and acknowledge that you have read the Privacy Policy. Privacy acknowledgment is not consent to every possible use of personal information. Specific permissions or lawful authority may be required separately. An invitation from an administrator does not record your agreement on your behalf.
Any agreed order identifies the services, hardware or installation actually supplied. These terms do not turn an indicative price, draft quote or sandbox payment into a purchase. Applicable consumer law takes priority over conflicting contract wording. The Disclaimers explain product limitations; they do not override the protections in section 8.
2. What the service does
Kentrak receives reports from compatible, commissioned vehicle trackers and provides authorised access to locations, history, estimated travel data, vehicle details, maintenance records, sharing and available reminders/alerts. Availability depends on your access, device and enabled features. It does not offer emergency response, guaranteed theft prevention or recovery, insurance, or operational vehicle immobilisation. Controls labelled simulation do not operate a physical immobiliser.
You receive permission to use the service for its intended purpose while your access is valid. You retain rights you hold in information you submit. You permit us to process that information to provide and secure the service and as described in the Privacy Policy. This is not a licence to sell your location history or publish it for advertising. Our app and documentation remain protected by applicable intellectual property rights; third-party maps and software have their own rights and notices.
3. Lawful tracking and account responsibilities
Use Kentrak only for lawful, authorised purposes. Do not use it to stalk, harass, coerce or secretly monitor someone unlawfully. Vehicle ownership alone does not resolve every legal requirement for tracking people or employees. The person arranging tracking must establish the required authority, provide appropriate notices and obtain any necessary consent before tracking starts. Employers and fleet operators must assess the laws applying wherever tracking occurs, including workplace and surveillance laws.
Keep passwords and privacy PINs secure, give each user appropriate access, and tell us promptly about suspected misuse through [support contact]. Do not share account credentials or bypass access controls. Remove access when a person's role ends. Do not submit information you lack authority to provide, interfere with the service, or access another person's vehicles without permission.
Use the app only when safe; do not operate it while driving. Arrange installation and electrical work through a suitably qualified person using the exact tracker and vehicle instructions. Do not change tracker wiring or safety systems on the basis of general app guidance. Maintain the tracker's power, connectivity and suitable configuration, and check operation after installation or changes.
4. Records, sharing and alerts
Check report timestamps and tracker contact separately. An older position can remain visible after reporting stops. GPS distance and odometer estimates can omit travel or contain errors; reconcile important records with the dashboard and supporting evidence. Users are responsible for checking the information they enter, while Kentrak remains responsible for its own obligations under these terms and law.
Anyone holding a live sharing link can view the location information it exposes until the link ends. You choose recipients and should stop links when no longer needed. Exports and one-time messages cannot be recalled. Notification setup is specific to a phone/browser and depends on permissions, connectivity and third-party delivery. A test message does not certify that a later geofence event will be detected or delivered.
Travel log classification is not a privacy switch. Use the separate Location privacy controls when appropriate. Archiving a vehicle is not erasing its history. See the Privacy Policy for data handling and requests concerning your information.
5. Prices and payments
Current release: Stripe checkout and subscriptions are configured for sandbox testing. Test transactions are not live customer charges. No live renewal, debt collection, tracking suspension or hardware delivery obligation is created by completing a sandbox test.
[Before commercial launch, approve and insert the actual order and billing terms: supplier, currency and GST treatment; hardware/installation inclusions; shipping and returns; recurring price and frequency; renewal notice; cancellation method and effective date; refunds; failed-payment handling; service suspension; and any minimum term. Do not publish proposed sandbox prices or a 14-day payment policy as live terms.]
Any future recurring charge must be clearly presented and authorised before purchase. Cancellation and refund arrangements cannot remove non-excludable consumer rights. No live paid-plan agreement is established by this draft.
6. Availability, changes and ending access
We will use reasonable care and skill in providing the service. Maintenance, faults, connectivity and third-party outages can interrupt reporting, maps or notifications. There is no specified uptime service-level commitment in this draft. We will provide practical notice of planned material interruptions where reasonably possible.
We may restrict access where reasonably necessary to address a security risk, unlawful use or a material breach. We will keep the restriction proportionate, explain it where lawful and safe, and allow a reasonable opportunity to remedy a breach where practicable. An urgent safety or security issue may require immediate action. Suspension is not permission to retain prepaid amounts contrary to applicable law. [Approve operational notice, review and account-closure procedures before publication.]
You may ask [support contact] to close your account. Export records you need beforehand where possible. Closure, stopping a subscription and deleting personal information are different actions; their consequences must be explained when a request is handled. Fleet-managed users should also contact their account owner about permissions. Data requests remain subject to the Privacy Policy and applicable law.
Material changes to these terms will be communicated before they apply where reasonably practicable. Changes will not retrospectively remove accrued rights. If a proposed change materially disadvantages a customer, we will explain the available exit and refund rights. [Approve notice period and acceptance process for future changes; existing users are not deemed to accept a new version just because an administrator updates it.]
7. Theft, loss and recovery
Kentrak supplies tracking information and related tools. It does not take custody of your vehicle or its contents, monitor every event on your behalf, dispatch police or recovery personnel, or promise that a stolen vehicle or property will be found or returned. A tracker may be removed, damaged, shielded, lose power or connectivity, or report an inaccurate or delayed position. Alerts may be missed or delayed. Theft, attempted theft, damage, loss of contents and unsuccessful recovery can occur while the service is in use.
Maintain appropriate security measures and insurance for the vehicle and contents. Do not confront a suspected thief or attempt unsafe recovery using an app location; report suspected theft to police. The occurrence of theft or loss does not by itself establish that Kentrak has breached an obligation. Equally, this clause does not excuse a breach by Kentrak or remove a remedy available under law.
[Proposed limitation for Australian legal review, not an approved exclusion: to the extent permitted by law, neither party is liable for indirect or consequential loss that was not reasonably foreseeable when the agreement was made, such as unforeseeable loss of profit or business opportunity. This does not exclude reasonably foreseeable loss recoverable under consumer law, liability that cannot lawfully be excluded, or loss caused by fraud or deliberate misconduct. Do not automatically classify all vehicle, contents or recovery losses as consequential loss. No monetary liability cap has been selected.]
8. Consumer rights and remedies
Nothing in these terms or the Disclaimers excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Depending on the circumstances, consumers may have rights to repair, replacement, refund, cancellation or compensation. These rights apply independently of any manufacturer's warranty or service limitations described here. Contact [support contact] about a problem; we will assess the appropriate remedy. We do not require you to waive these rights or pursue a manufacturer instead of a supplier responsible under the law.
9. Complaints and applicable law
Contact [complaints contact] with a description of the issue and the outcome you seek. We will try to resolve it fairly. You may seek assistance from an appropriate consumer regulator, tribunal or court; this draft imposes no mandatory private arbitration or restriction on statutory complaint rights.
[Confirm operator's state/territory and intended customer markets before selecting governing law. Proposed Australian state/territory law must preserve any mandatory law and jurisdiction rights applying to the customer.] If a provision cannot lawfully apply, it is limited or severed only as necessary without removing the remaining agreement or statutory protections.