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Terms & Conditions

Last Updated: 11 Jun 2026

1. About these Terms

1.1 These Terms and Conditions ("Terms") govern your access to and use of the TrackrTek GPS tracking platform, related hardware, SIM cards, software, and services (together, the "Service") provided by TRACKRTEK LIMITED, a company registered in New Zealand (NZBN 9429053598820), trading as TrackrTek ("TrackrTek", "we", "us", "our").

1.2 By creating an account, purchasing hardware, or otherwise using the Service, you ("Customer", "you", "your") agree to be bound by these Terms, our Privacy Policy, and any plan-specific terms communicated to you at the time of purchase.

1.3 If you are entering into these Terms on behalf of a business, organisation, or other legal entity, you confirm that you have authority to bind that entity, and references to "you" include both you and that entity.

1.4 If you do not agree to these Terms, you must not use the Service.

2. Definitions

In these Terms:

  • Account means your registered user account on the TrackrTek platform.
  • Consumer has the meaning given in the Consumer Guarantees Act 1993 (NZ).
  • Device means a GPS tracker or related hardware purchased from TrackrTek that uses the Service.
  • Personal Information has the meaning given in the Privacy Act 2020 (NZ).
  • Platform means the TrackrTek devices, web and mobile applications.
  • Service means the Platform, mobile network connectivity, hardware support, and related services described in clause 1.1.
  • SIM Card means the subscriber identity module (physical or embedded) supplied with or for use in a Device, enabling cellular connectivity for the Service.
  • Tracking Data means location, telemetry, sensor, and related data generated by a Device and transmitted through the Service.

3. Eligibility and Account Registration

3.1 To use the Service, you must be at least 18 years old (or the age of majority where you reside) and capable of entering into a binding contract.

3.2 You must provide accurate, current, and complete information when registering and keep that information up to date.

3.3 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us immediately at support@trackrtek.com of any unauthorised access or security breach.

3.4 We may refuse to register, suspend, or terminate any Account at our reasonable discretion, including where we suspect fraudulent activity, misrepresentation, or breach of these Terms.

4. Hardware

4.1 Ownership of hardware. Once you have paid the full purchase price for a Device, ownership of the physical Device transfers to you, subject to clause 5 below regarding the SIM Card supplied with it.

4.2 Hardware warranty. Devices are supplied with a 2 month limited manufacturer warranty against defects in materials and workmanship under normal use. The warranty does not cover damage from misuse, accident, unauthorised modification, water ingress beyond the rated IP level, or tampering with the SIM Card or enclosure.

4.3 Consumer rights preserved. Nothing in clause 4.2 limits your rights under the Consumer Guarantees Act 1993 if you are a Consumer.

4.4 Compatibility. You are responsible for ensuring that any Device is suitable for your intended use case and operating environment.

5. SIM Card — Important Conditions

5.1 SIM Card ownership. The SIM Card supplied in or with a Device remains the property of TrackrTek (or our upstream connectivity provider). You are granted a non-exclusive, non-transferable, revocable licence to use the SIM Card solely within the Device it was supplied with and solely to access the Service.

5.2 Prohibited uses. You must not, and must not permit any third party to:

  1. remove, extract, transfer, or attempt to remove the SIM Card from the Device it was supplied with;
  2. install the SIM Card in any other device, including phones, tablets, modems, or other tracking equipment;
  3. tamper with, modify, clone, or reverse engineer the SIM Card;
  4. use the SIM Card or the connectivity it provides to access services or content unrelated to the operation of the Device;
  5. resell, sublicense, redistribute, or otherwise make available the SIM Card or its connectivity to any third party;
  6. use the SIM Card for voice telephony, general internet access, SMS, or any purpose other than IoT/M2M tracking communication with the TrackrTek Platform;
  7. use the SIM Card in any way that breaches the terms of our upstream connectivity provider, applicable law, or these Terms.

5.3 Tamper detection. We employ network-level, platform-level, and (where applicable) hardware-level controls to detect unauthorised SIM Card removal, transfer, or misuse, including but not limited to:

  1. binding each SIM Card to a specific Device IMEI/serial number;
  2. monitoring for anomalous data usage patterns;
  3. restricting connectivity to authorised TrackrTek server endpoints; and
  4. logging connection origin and device pairing on each session.

5.4 Consequences of breach. Where we reasonably believe a SIM Card has been removed, tampered with, or used contrary to clause 5.2, we may, without notice and without liability to you:

  1. suspend or deactivate the SIM Card and the affected Device's access to the Service;
  2. charge a SIM replacement fee of NZD $40 per affected SIM Card;
  3. charge reasonable costs incurred as a result of the breach, including data overage charges passed through from our upstream provider;
  4. require return of the affected SIM Card; and
  5. terminate these Terms in accordance with clause 13.

5.5 Return on termination. On termination of these Terms for any reason, you must, if reasonably requested by us and where technically possible, return the SIM Card(s) to us at your cost, or destroy them and provide written confirmation of destruction.

5.6 Lost or stolen Devices. You must notify us immediately if a Device is lost or stolen so that we can deactivate the SIM Card. You remain responsible for any charges incurred prior to notification.

6. The Service

6.1 Service description. The Service provides GPS tracking, telemetry, and related functionality via the Platform, using cellular connectivity supplied through the SIM Card.

6.2 Service provided "as is". To the maximum extent permitted by law, and subject to clause 9 below, the Service is provided on an "as is" and "as available" basis. We do not warrant that:

  1. the Service will be uninterrupted, error-free, or available at any particular time or location;
  2. cellular coverage will be available at all locations where you may operate a Device;
  3. the Service will meet your specific requirements;
  4. Tracking Data will always be accurate, complete, or delivered without delay; or
  5. defects will be corrected within any particular timeframe.

6.3 Dependence on third parties. You acknowledge that the Service relies on third-party networks, infrastructure, and services, including but not limited to cellular networks (provided by our upstream connectivity provider and partner mobile network operators), GPS satellite systems, cloud hosting, and third-party APIs. We are not responsible for failures, interruptions, or limitations of these third-party systems, and the Service may be affected by:

  1. variations in cellular coverage by region, environment, and network operator;
  2. the gradual decommissioning of older mobile network technologies (e.g., 2G/3G);
  3. GPS signal availability, accuracy, and atmospheric conditions;
  4. the Device being shielded, damaged, or installed in conditions outside its specifications.

6.4 Maintenance and changes. We may suspend or restrict access to the Service, with or without notice, to perform maintenance, apply security patches, upgrade infrastructure, or comply with legal requirements. We will use reasonable efforts to schedule planned maintenance outside peak usage hours and to notify you in advance where practicable.

6.5 Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, fire, flood, earthquake, pandemic, war, civil unrest, government action, industrial action, network operator failures, internet outages, or cyber-attacks.

6.6 Right to suspend. We may suspend the Service, in whole or in part, immediately and without notice where:

  1. we reasonably suspect breach of these Terms by you;
  2. we are required to do so by law, regulation, or order of a competent authority;
  3. abnormal or excessive usage is detected that may affect the network or other customers;
  4. payment is overdue; or
  5. continued provision presents a security, safety, or technical risk.

7. Acceptable Use

7.1 You must use the Service lawfully and in good faith. You must not, and must not permit others to:

  1. use the Service to commit, facilitate, or conceal any unlawful activity;
  2. track any person without lawful basis (including without their knowledge or consent where consent is required by law);
  3. interfere with, disrupt, or compromise the integrity or security of the Service, the Platform, or the underlying networks;
  4. attempt to gain unauthorised access to any part of the Service or to other users' accounts or data;
  5. reverse engineer, decompile, or attempt to extract source code from the Platform, except to the extent expressly permitted by law;
  6. use the Service in a manner that imposes an unreasonable load on our infrastructure or that of our upstream providers;
  7. introduce malware, viruses, or other harmful code into the Service; or
  8. breach the SIM Card conditions in clause 5.

7.2 Lawful tracking. You are solely responsible for ensuring that your use of Devices and Tracking Data complies with all applicable privacy, surveillance, employment, and other laws — including, where you are tracking individuals (such as employees or family members), obtaining any necessary consents and providing any required notices.

8. Fees, Billing, and Subscriptions

8.1 Fees. Hardware is sold for the price displayed at the time of purchase. Ongoing Service access is provided on a subscription basis at the rates set out at https://trackrtek.co.nz/tracking-platform/ or otherwise agreed with you in writing.

8.2 Payment. Subscription fees are billed in advance on a monthly and/or annual basis and are payable by the method nominated in your Account. You authorise us (or our payment processor) to charge that payment method for all fees as they fall due.

8.3 GST. All prices are stated inclusive of New Zealand Goods and Services Tax (GST) unless otherwise specified.

8.4 Late payment. If payment is not received by the due date, we may suspend the Service to the affected Account until payment is made and may charge interest on overdue amounts per month up to the maximum rate permitted by law.

8.5 Refunds. Except where required by law (including the Consumer Guarantees Act 1993 where you are a Consumer), subscription fees are non-refundable. Hardware refund and return policy is set out at https://trackrtek.co.nz/returns-policy/.

8.6 Price changes. We may change subscription pricing at anytime by updating our website. If you do not accept a price change, you may terminate your subscription in accordance with clause 13.

9. Liability

Important: Different limits apply depending on whether you are a Consumer or a business customer. Read this section carefully.

9.1 If you are a Consumer

9.1.1 If you are a Consumer acquiring the Service for personal, domestic, or household use, you have rights under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) that cannot be excluded, restricted, or modified. Nothing in these Terms limits those rights.

9.1.2 To the extent permitted by law, our liability for breach of any consumer guarantee is limited (at our option) to repairing or replacing the affected Device or Service, or refunding the price paid.

9.2 If you are a business customer

9.2.1 If you are acquiring the Service for business purposes, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply, and you confirm it is fair and reasonable that they do not apply.

9.2.2 To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), under statute, or otherwise, is limited to the total fees actually paid by you to TrackrTek in the 12 months immediately preceding the event giving rise to the claim.

9.3 Exclusions applying to all customers (to the extent permitted by law)

9.3.1 We are not liable for any indirect, consequential, special, incidental, punitive, or exemplary loss or damage, or for any loss of profits, revenue, business opportunity, anticipated savings, goodwill, or data, however arising.

9.3.2 We are not liable for loss or damage caused by:

  1. your breach of these Terms;
  2. your misuse of a Device or the Service;
  3. third-party network failures, outages, or limitations;
  4. inaccuracy or unavailability of GPS or other location signals;
  5. force majeure events as described in clause 6.5; or
  6. decisions made or actions taken in reliance on Tracking Data.

9.3.3 You acknowledge that the Service is not designed or intended for use in any safety-critical application where failure could result in death, personal injury, environmental damage, or significant property damage. You must not rely on the Service as the sole means of safety, security, or emergency response.

9.4 Customer indemnity

9.4.1 You indemnify us against any loss, damage, cost, or liability we suffer arising from:

  1. your breach of these Terms (including clause 5 SIM Card conditions or clause 7 Acceptable Use);
  2. your unlawful or unauthorised use of the Service or any Device;
  3. third-party claims arising from your use of Tracking Data, including privacy or surveillance claims; or
  4. any pass-through charges imposed on us by our upstream connectivity provider as a result of your acts or omissions.

10. Data and Privacy

10.1 Ownership of Tracking Data. As between you and TrackrTek, you own the Tracking Data generated by your Devices. You grant us a non-exclusive, royalty-free, worldwide licence to host, process, transmit, display, and otherwise use Tracking Data for the purposes of providing, maintaining, securing, and improving the Service, and for the purposes set out in our Privacy Policy.

10.2 Aggregated and de-identified data. We may create aggregated, anonymised, or de-identified data from Tracking Data (including for analytics, service improvement, and research) and use that data for any lawful purpose without restriction. Such data will not identify you, your Devices, or any individual.

10.3 Personal Information. Our collection, use, storage, and disclosure of Personal Information is governed by our Privacy Policy and the Privacy Act 2020 (NZ). By using the Service, you consent to the practices described in our Privacy Policy.

10.4 Overseas processing. You acknowledge that, in providing the Service, Personal Information and Tracking Data may be processed or stored outside New Zealand, including by our upstream connectivity provider (currently located in Italy/the European Union) and our cloud hosting provider(s). We take reasonable steps to ensure that overseas recipients comply with comparable privacy protections.

10.5 Your privacy obligations. Where you collect, transmit, or process Personal Information about other individuals using the Service (for example, drivers, employees, or family members), you are responsible for complying with all applicable privacy laws, including notification, consent, and access requirements.

10.6 Data retention and export. We retain Tracking Data for at least 3 months from the date of generation, after which it may be deleted or anonymised. You may export Tracking Data via the Platform during the term of your subscription. On termination, you have 30 days to export any data before it may be deleted.

10.7 Security. We implement reasonable technical and organisational measures to protect the Service and your data. However, no system is completely secure, and you acknowledge the inherent risks of internet-based services.

11. Intellectual Property

11.1 All intellectual property rights in the Platform, software, documentation, branding, and other TrackrTek materials are owned by TrackrTek or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the duration of your subscription, solely for the purposes described in these Terms.

11.2 You retain ownership of any content you upload to the Platform and grant us a licence to use that content as described in clause 10.1.

11.3 You must not remove, alter, or obscure any proprietary notices on the Platform or in TrackrTek materials.

12. Third-Party Services

12.1 The Service may integrate with, or rely on, third-party services (including mapping providers, payment processors, and our upstream connectivity provider). Your use of those third-party services may be subject to their own terms, and we are not responsible for those services.

12.2 We may change, replace, or remove third-party integrations at any time without liability.

13. Termination

13.1 Termination by you. You may terminate your subscription at any time by cancelling from your Account dashboard or emailing support@trackrtek.com. Termination takes effect at the end of your current billing period, unless otherwise required by law.

13.2 Termination by us. We may terminate these Terms or your access to the Service:

  1. immediately, with notice, if you materially breach these Terms (including any breach of clause 5 or clause 7) and (where the breach is capable of remedy) fail to remedy the breach within 14 days of being notified;
  2. immediately, without notice, if we reasonably suspect fraud, illegal use, or activity that risks harm to the Service, our infrastructure, or other customers;
  3. on 30 days' written notice for any reason or no reason; or
  4. immediately if you become insolvent, bankrupt, or enter into liquidation or any similar arrangement.

13.3 Effect of termination. On termination:

  1. your right to use the Service ends immediately;
  2. all SIM Cards must be returned or destroyed in accordance with clause 5.5;
  3. any outstanding fees become immediately due and payable;
  4. you may export Tracking Data within the period specified in clause 10.6; and
  5. clauses that by their nature should survive (including clauses 5, 9, 10, 11, and this clause 13.3) will survive.

13.4 No refund of credit. Except where required by law, any promotional credit, prepaid balance, or unused subscription period is non-refundable on termination by us under clause 13.2(a), (b), or (d), or on termination by you under clause 13.1 before the end of a billing period.

14. Changes to these Terms

14.1 We may amend these Terms from time to time. The current version will always be available at https://trackrtek.co.nz/terms-and-conditions/.

14.2 We may update the Terms without prior notice. If you do not accept the changes, you may terminate your subscription in accordance with clause 13.1 before the changes take effect. Continued use of the Service after the updated date of the changes constitutes acceptance.

15. General

15.1 Governing law. These Terms are governed by the laws of New Zealand.

15.2 Jurisdiction. You and TrackrTek submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising out of these Terms, except that we may seek injunctive or equitable relief in any jurisdiction.

15.3 Disputes. Before commencing any legal proceedings, the parties will use reasonable efforts to resolve any dispute through good-faith negotiation. If a dispute cannot be resolved within 30 days, either party may refer the matter to mediation through The Disputes Tribunal before commencing proceedings.

15.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any successor or acquirer of our business or assets.

15.5 Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and TrackrTek and supersede all prior agreements and understandings.

15.6 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

15.7 No waiver. Failure or delay by us in enforcing any provision of these Terms is not a waiver of our right to do so later.

15.8 Notices. We may give you notices by email or through the Platform. You must give us notices by email to support@trackrtek.com.

15.9 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and TrackrTek.

16. Contact

For questions about these Terms, account issues, or general support:

TrackrTek
TRACKRTEK LIMITED
(NZBN 9429053598820)
Email: support@trackrtek.com
Web: https://trackrtek.co.nz/