Terms & Conditions

Please read all of the terms and conditions carefully, to ensure you have a complete understanding of them, before selecting agree. By clicking ‘agree’ you are confirming you understand the following terms and conditions for the ToooAir products and services:

ToooAir cannot be held responsible for the misuse or misconduct of the telecommunication used by our devices, products or services.

Acceptable Use Policy

ToooAir reserves the right to change this Acceptable Use Policy at any time and notify you by posting an updated version of the Policy on our website. The amended Policy will apply between us whether or not we have given you specific notice of any change. We encourage you to review this Policy periodically because it may change from time to time. This Policy applies to all End Users who use the mobile network supplied by ToooAir.

Lawful purposes

The network, including the network of any service provider from whom ToooAir acquires a service for the purpose of resale, and including the web sites operated by ToooAir may be used only for lawful purposes. Users may not use the network in order to transmit, distribute or store material:

1. in violation of any applicable law;
2. in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others;
3. that is obscene, threatening, abusive or hateful; or
4. that contains a virus, worm, Trojan, or other harmful software or component.

No Spam

Users are prohibited from using the network to accept, transmit or distribute unsolicited bulk data, commonly known as spam (which includes, without limitation, email, SMS messages, MMS messages, bulletin boards, messages to communities or groups or web sites, software and files). The only circumstances in which the network may be used to send bulk data of an advertising or promotional nature is in accordance with any applicable laws relating to spam and the sending of bulk data and where the bulk data is sent to persons with whom the sender has a pre-existing business, professional or personal relationship or to persons who have previously indicated their consent to receive such data from the sender from time to time (for example by giving their consent by filling in information to that effect on the sender's web site). The sender must also provide an unsubscribe function on their web site (and make this function known to recipients in the relevant data as sent) which allows those recipients to elect not to receive further bulk data. Unless these requirements are met, Users must not send bulk data on the network.

Prohibited Uses

The following activities are also prohibited uses of the network:

1. Sending data, or causing data to be sent, to or through the network that hides or obscures the source of the data, that contains invalid or forged headers or domain names or deceptive addressing;
2. Receiving or collecting responses from unsolicited bulk data (spam), whether the original was sent via the network or not, or hosting a web site to which recipients of unsolicited bulk data are directed;
3. Relaying data from a third party's mail server without permission or which employs similar techniques to hide or obscure the source of the data;
4. Collecting or harvesting screen names or email addresses of others for the purpose of sending unsolicited emails or for exchange;
5. Sending large or numerous amounts of data for the purpose of disrupting another's computer or account;
6. Sending data that may damage or affect the performance of the recipient's equipment;
7. Persistently sending data without reasonable cause or for the purpose of causing annoyance, inconvenience or needless anxiety to any person;
8. Sending mass messages (including for the purpose of advertising), other than within communities, groups or web sites that specifically encourage or permit advertising; and
9. Sending binary files (rather than text files), other than within communities, groups or web sites that specifically encourage or permit this.
10. not promote or market or otherwise encourage the use of the Mobile Services for M2M Use or to facilitate voice calls over the IP protocol (VOIP) or for sending or receiving SMS over an IP network.

Users are prohibited from violating or attempting to violate the security of the network, including, without limitation:

1. accessing material not intended to be accessed by the User or logging into a server or account which the User is not authorised to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
3. attempting to interfere with, disrupt or disable services to any other User, host or network, including, without limitation, via means of overloading, flooding, mail bombing or crashing;
4. forging any TCP/IP packet header or any part of the header information in any email or any community, group or web site posting; and
5. taking any action in order to obtain services to which such User is not entitled. Violations of system or network security may result in civil or criminal liability for the User. ToooAir and/or our Network Operator will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

ToooAir may suspend or terminate any User’s service if we determine, that the User has violated any element of this policy.

Monitoring

ToooAir has no obligation to monitor the network, but reserves the right to do so, including as required by applicable law, and to remove any material on, or block any data transmitted over, the network in its sole discretion. ToooAir takes no responsibility for any material input by third persons and not hosted on or transmitted over the network by ToooAir itself. ToooAir is not responsible for the content of any web sites hosted on or accessible using the network other than its own web sites.

Privacy Policy

ToooAir reserves the right to change this Privacy Policy at any time and notify you by posting an updated version of the Policy on our website. The amended Policy will apply between us whether or not we have given you specific notice of any change. We encourage you to review this Policy periodically because it may change from time to time.

This is our Privacy Policy which sets out how ToooAir and its related group companies manage personal information. This only applies to personal information that identifies you or could reasonably identify you. It does not apply to ‘de-identified’ or ‘anonymised’ information where the individual cannot be identified from the information.

We only collect personal information which is reasonably necessary for our functions or activities or which is directly related to them. Typically, this information includes your name, date of birth, Title, address, contact details, account information, company name and your customer feedback. Our primary purpose for collecting and holding personal information from our customers is so we can supply our products and services to you, or other purpose we disclose to you at the time we collect the information. Related purposes (‘secondary purposes’) include to assess your orders and account management, for product, process and system improvement and development, to provide you with customer support and to obtain customer feedback and to inform you about our products and promotions, and to comply with our legal obligations. Usually we collect personal information about you directly from you or your authorised representative, for example when you order a product or service from us, submit a form application, contact us with an inquiry or complaint, pay a bill or complete a customer survey. We may collect personal information from our related group companies, affiliates and Authorised Agents. We may also collect personal information from someone else for example credit related information from a third-party agency. If we ask you to tell us personal information and you choose not to, we may not be able to provide our services to you, or answer your inquiries. We only use or disclose personal information as set out in our Privacy Policy. We use or disclose personal information for the primary purpose of supplying our products and services to you. We also use or disclose it for a secondary purpose as outlined above if you consent, or you would reasonably expect us to use or disclose it for that purpose. We may use or disclose personal information if required or authorised by law, if necessary, in relation to a suspected unlawful activity or serious misconduct related to our functions or activities or if reasonably necessary for enforcement related activities of an enforcement body or to assist in locating a missing person. For example, we may disclose personal information to law enforcement bodies and to others if required or authorised by warrant or court order or other legal obligation. We must also disclose certain information to the Integrated Public Number Database (IPND) for emergency services and other lawful purposes. We may use or disclose personal information if necessary, to lessen or prevent a serious threat to life, health or safety and it is unreasonable or impracticable to obtain consent. We may use or disclose personal information if reasonably necessary to establish, exercise or defend a claim or for the purposes of confidential alternative dispute resolution. Typically, we disclose personal information to our related group companies. We may also disclose it to our third-party service providers and suppliers if required for the purposes set out in this policy. For example, we may disclose personal information to other suppliers who help us deliver the services to you.

Location Services

Location services are a vital service used by ToooAir, the location services are collected for the functionality and product offering of the ToooAir system. Location services are only used for features within the application that are available to the user. All location services collected by ToooAir are used for ToooAir system features and functionality. Location services use WiFi, Bluetooth, Cellular network and GPS services to locate your device. ToooAir retains the collected location services data for 3 months, this period of time is retained for your benefit accessing historic recordings, liability and safety. Location services that are collected can be accessed via the ToooAir Application, ToooAir Dispatcher, ToooAir Web portal & ToooAir Radios. Location services are being collected even when the devices are not in use. The location services and location service data provided can only be accessed by authorized personnel and authorized ToooAir employees only. All ToooAir location services data is secured by a minimum of SHA1 user identification authentication and AES or RSA encryption on request.
Features that access location services;

• GPS Tracking
• Live fleet map display
• SOS Duress alert
• SOS Zoom to user’s location
• Geo Fence
• Geo Call
• View on the map
• Speed Alarm
• Latched Calling Position
• Display group members on the map
• User GPS display information including; Speed, Direction, Elevation, GPS Time, Lat and Lng

By enabling Location Services for your device, you agree and consent to the uploading, retention, ToooAir system features and use of your location data and location search queries by ToooAir.

Data Quality

We take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete, and that the information we use or disclose (having regard to the purpose of the use or disclosure) is accurate, up to date, complete and relevant.

Data Security

We take reasonable steps to protect personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure. We take reasonable steps to destroy or de-identify personal information if we no longer need the information for any permitted purpose or if we are not required by law to retain the information.

Access, corrections and complaints

You can ask to access personal information we hold about you, and you can ask us to correct it if there are errors. If you wish to submit a request to access and/or change your information, we encourage you to contact us online at www.toooair.com.au/contact We aim to respond to your request within 30 days.

Warranty
This warranty against defects is given by Tooo Air Pty Ltd ABN 58 615 252 536

Consumer guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Warranty against defects

1. This warranty is in addition to and does not limit, exclude or restrict your rights under the Competition and Consumer Act 2010 (Australia) or any other mandatory protection laws that may apply.
2. We warrant our goods to be free from defects in materials and workmanship for the warranty period of 12 months from the date of original sale. Subject to our obligations under clause 1.2, we will at our option, either repair or replace goods which we are satisfied are defective. We warrant any replacement parts for the remainder of the period of warranty for the goods into which they are incorporated.
3. To the extent permitted by law, our sole liability for breach of a condition, warranty or other obligation implied by law is limited
   (a) in the case of goods we supply, to any one of the following as we decide –
   (i) the replacement of the goods or the supply of equivalent goods;
   (ii) the repair of the goods;
   (iii) the cost of repairing the goods or of acquiring equivalent goods;
   (b) in the case of services we supply, to any one of the following as we decide –
   (i) the supplying of the services again;
   (ii) the cost of having the services supplied again.
4. For repairs outside the warranty period, we warrant our repairs to be free from defects in materials and workmanship for three months from the date of the original repair. We agree to repair or replace (at our option) any materials or workmanship which we are satisfied are defective.
5. We warrant that we will perform services with reasonable care and skill and agree to investigate any complaint regarding our services made in good faith. If we are satisfied that the complaint is justified, and as our sole liability to you under this warranty (to the extent permitted at law), we agree to supply those services again at no extra charge to you.
6. To make a warranty claim you must before the end of the applicable warranty period, return the goods you allege are defective, provide written details of the defect, and give us an original or copy of the sales invoice or some other evidence showing details of the transaction.
7. Send your claim to: Tooo Air Pty Ltd. Suite 14, 95 - 97 Grafton Street, Bondi Junction NSW 2022. Tel: (02) 9157 0540 Email: info@toooair.com.au

1. This warranty does not cover This warranty will not apply in relation to:
   1. goods modified or altered in any way;
   2. repairs performed other than by our authorised representative;
   3. defects or damage resulting from misuse, accident, impact or neglect;
   4. goods improperly installed or used in a manner contrary to the relevant instruction manual; or
   5. goods where the serial number has been removed or made illegal
   6. goods connected to an incorrect power source
2. Warranty period
   The warranty period across ToooAir products varies from 12 Months and depends on the specific product the warranty period is referring to which can be found in the individual products user manuals under Warranty Period. No repair or replacement during the warranty period will renew or extend the warranty period past the period from the original date of purchase. By clicking the agree button you have read and understood the above terms and conditions and now agree to participate in using ToooAir services.

Services and Conditions
ToooAir offers a no lock in contract option with month to month billing, alternatively you can contact ToooAir to discuss fixed contracts and discounts that comply, i.e. 1 year subscriptions.

ToooAir services billing is done one month in advance, you will receive an invoice to the email that was provided when purchasing the products. If the client fails to pay the monthly bill amount, the radios will be deactivated at ToooAir’s discretion across the ToooAir system. 

ToooAir airtime services pricing:
$29.99 per radio per month, includes support and additional fleet update requests.
$19.99 per ident (App or Dispatcher) per month, includes support and additional fleet update requests. 

ToooAir Demo Package

The demo package is only available one per customer company and contains 2x TA682s 1x ToooAir dispatcher license. You will receive the 2x TA682s in an express post satchel that will also contain a return satchel for returning the devices at the end of the 14-day trial. You will receive an email with a download link for the dispatcher and information regarding logging into your demo dispatcher.

The demo package is for TRIAL purposes only and cannot be sold or used for commercial use. The demo package requires a holding deposit of $349.00. The demo package will be shipped after 48 hours to ensure holding deposit has been made. The trial lasts for 14 days from the date of receiving the package. After 14 days the demo will be terminated and we request the devices be returned to ToooAir via the return satchel included in the demo package. Failure to return the devices will result in loss of the holding deposit and the full total of $349.00 will be taken.

If the product is returned with physical damage or software corruption, charges may incur from $0.00 to the full price of the demo package. This price may vary and is at the discretion of ToooAir to decide. When the demo package has been returned and found in satisfactory condition, at the discretion of ToooAir, a full refund of the holding deposit will be returned to the user and thus completing the demo package transaction.

As a part of the ToooAir system your; transmissions, GPS coordinates located, GPS track logs and user logins are being recorded and are being stored as they are features of the ToooAir system. ToooAir will not sell or release this information, nor distribute in any form, unless requested by the Australian Government. This information will be terminated after 3 months. If you have any concerns regarding this information please refer to our privacy policy.