1.2 When this agreement starts, Carbar will install the Device in the Vehicle. To use the Device, you need to download the App on an Apple iPhone or Android phone and have internet access (data fees may apply). The performance of the Device may be affected by these factors.

You acknowledge that the Vehicle is owned or controlled by you and that Carbar is authorised to install the Device in the Vehicle.

You may only install the App on an Apple iPhone or Android phone owned or controlled by you.

Any use of the Device or the App in any manner, other than as provided for this agreement, including, without limitation, resale, transfer, modification or distribution of the Device or the App or any element of the App other than in accordance with these Terms, is prohibited.

This agreement also governs any updates to, or supplements or replacements for, the App or the Device unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

You may cancel this agreement at any time by notifying Carbar of the cancellation in writing prior to the start of the next Subscription Term and the agreement will come to an end at the end of the month to which your most recent monthly payment relates.

Carbar may cancel this agreement at any time by notifying you of the cancellation in writing prior to the start of the next Subscription Term and the agreement will come to an end at the end of the month to which your most recent monthly payment relates.

You agree that Carbar may use a third party payment platform to charge you the Price for the relevant Subscription Term each month during the term of this agreement. The first payment is due on or before the Commencement Date and subsequent payments are due monthly each month after the Commencement Date.

If Carbar or its third party payment platform provider fails to receive payment from you for any reason (such as expiration of the payment card or insufficient funds in the nominated account), Carbar may cancel this agreement.

We will notify you if the Price for a Subscription Term increases and will seek your consent to continue prior to this agreement automatically renewing for the next Subscription Term.

If this agreement is cancelled, Carbar will arrange to collect the Device within 10 days of cancellation. If Carbar cannot collect the Device for any reason, including because of the Vehicle’s location, or you do not return the Device to Carbar, Carbar will charge your payment method for the cost of the Device which is $200.00.

If this agreement is for a Yearly Subscription Term and you cancel this agreement in accordance with clause 3.2(b) within one year of the Commencement Date, Carbar will charge your payment method an early cancellation fee of $21.98.

By using the Device and the App, you acknowledge and agree that Carbar may collect and use information regarding your use of the Device and the App for commercial or non-commercial purposes, subject always to compliance with our Privacy Policy, the Privacy Act 1988 (Cth) and any other applicable laws. The types of data we may collect from you includes:

(Data).

Subject to law, Carbar will take reasonable steps to ensure that your personal Data is securely held and protected from misuse or unauthorised access.

The App may contain materials such as data, documents, information, advertisements, communications, messages and links including from Carbar or third parties, including providers of special offers and deals (Content). The Content may be generated and tailored for you based on data generated by the Device and the App. You acknowledge and agree that any Content and links to third-party websites may not be under our control and does not constitute an endorsement by us of those third-party web sites or any service or product offered. To the extent permitted by law, we take no responsibility for the Content (including its accuracy).

To the extent permitted by law, Carbar makes no warranties or guarantees about the availability, reliability and accuracy of the Device or the App or the information or Content provided through the Device and the App.

Carbar will use commercially reasonable efforts to make the Device and the App available at all times however Carbar will not be liable or responsible for any unavailability caused by circumstances beyond our reasonable control, including, without limitation, failures, downtime or delays caused by an internet service provider, applications or software products provided by third parties that interoperate with the Device or the App, or denial of service attacks.

Carbar is providing the Device and the App to you "as is", and you acknowledge that your use of the Device and the App is at your own risk. To the maximum extent permitted under applicable law, in no event will Carbar be liable to you:

To the extent permitted by law, all warranties in respect of the Device and the App, whether express, implied, statutory or otherwise, are excluded. To the extent such warranties cannot be excluded by law but liability can lawfully be limited, liability is limited at Carbar’s option to replacing the Device or the cost of replacing the Device or acquiring an equivalent replacement item.

To the extent permitted by law, you will at all times indemnify and keep indemnified Carbar and its officers, employees and agents (Those Indemnified) from and against any loss (including legal costs and expenses on a full indemnity basis) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with, or in respect of, any breach of this agreement by you, the installation of the Device in the Vehicle or your use of the Device or the App.

Carbar remains the owner of the Device and the App at all times and controls or retains all right, title and interest in and to the Device and the App, including any and all intellectual property rights such as patents, inventions, trademarks and copyright in the works contained in the Device or the App, and any software, design, images and text in the App (Intellectual Property Rights).

Nothing in these Terms transfers the ownership of any of the Intellectual Property Rights subsisting in the Device or the App and Carbar reserves all rights not expressly granted. These Terms do not grant or imply any rights to any Carbar or third party trademarks, trade names, or logos. You must not exercise any of the exclusive rights of Carbar as owner or controller of the Intellectual Property Rights subsisting in the Device or the App.

You grant us a royalty-free, worldwide, irrevocable and perpetual licence to use and incorporate into the Device or the App any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the Device or the App.

You agree that you will not challenge the validity of any Intellectual Property Rights.

This agreement is governed by the laws of Victoria, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of Victoria in relation to any dispute arising in connection with this agreement.