BLACK KNIGHT® Privacy, Terms of Service, Liability & Warranty Policy Information
PRIVACY
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Use of the Black Knight® GPS tracking device and software constitutes an agreement not to track third parties without their express consent. In many jurisdictions, including Australia and New Zealand, unauthorized tracking may constitute a criminal offense. You warrant that you have lawful possession of the asset or have obtained express consent from the party being tracked. You agree to indemnify Black Knight against any legal action arising from improper or illegal use.
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Law Enforcement: If you authorize law enforcement to use your tracking data to retrieve stolen assets, you permit Black Knight to share relevant location and personal data with those agencies.
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Dealer Notifications: Certain dealerships may receive travel milestone notifications for vehicle maintenance. You may opt out of these notifications at any time.
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Data Security: While we utilize TSL/SSL encryption and secure gateways (Stripe/Debit Success),no internet transmission is 100% secure. To the extent permitted by law, Black Knight is not liable for unauthorized breaches (hacking) unless caused by our failure to take reasonable security steps.
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Rights: Under the Privacy Act 1988 (Cth) and the NZ Privacy Act 2020, you have the right to access and correct your personal information held by us.
TERMS OF SERVICE & CONNECTIVITY
Performance is subject to network coverage (including Telstra, Vodafone, Optus, or other appropriate providers), GPS satellite availability, and physical obstructions.
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- No Guarantee of Recovery: While our products are theft-deterrent tools, Black Knight does not guarantee the security of your property or the successful recovery of stolen assets.
- Subscriptions: Devices require a connectivity subscription. Plans purchased via our website often include a 24-month minimum term managed by DebitSuccess. These are legally binding contracts. After the minimum term, you may transition to a connectivity-only subscription by contacting support.
- Cancellation of active subscriptions: Customers must inform BlacKKnight GPS tracking support (support@bk-gts.com) of their intention to cancel a connectivity subscription at least one week (7 days) before the subscription due date. Cancellations requested after this period will be processed for the following billing cycle, and the customer will remain liable for the upcoming subscription fee.
- Compatibility: Hardware is designed for exclusive use with Black Knight software. Use of third-party software or unauthorized hardware is not supported and may void service guarantees.
LIMITATION OF LIABILITY
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law and the New Zealand Consumer Guarantees Act.
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- Professional Installation: We strongly recommend installation by a qualified technician. To the extent permitted by law, Black Knight is not liable for damage caused by improper wiring or connection to third-party power sources.
- Exclusions: Subject to your statutory rights, Black Knight excludes liability for:
- Loss or damage to property (including the vehicle/asset).
- Loss of profit, revenue, or business opportunity.
- Damage caused by misuse, neglect, or unauthorized alterations.
- Statutory Limits: For any failure to comply with a consumer guarantee that cannot be excluded by law, our liability is limited to:
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- For Goods: The replacement of the goods, repair of the goods, or refunding the cost of the goods (at the consumer's choice in the event of a Major Failure).
- For Services: Supplying the services again or refunding the cost of the services.
- Business Use: If you are acquiring the Product for the purposes of a business in New Zealand, the provisions of the Consumer Guarantees Act 1993 do not apply.
WARRANTY STATEMENT
This Limited Warranty is provided by NanoTag Technology Pty Ltd (trading as “Black Knight”).
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For Australian Consumers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
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Warranty Terms:
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1. Period: Black Knight warrants the hardware to be free of defects for 12 months from the date of purchase. Note: Your rights under the ACL/CGA may extend beyond this 12-month period depending on the nature of the product.
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2. Exclusions: This warranty does not apply if:
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The IMEI or warranty seal is removed or defaced.
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The product shows evidence of tampering or opening.
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The defect is caused by rough handling, exposure to moisture, or unauthorized repair.
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The defect is caused by cellular network redundancies or changes beyond our control.
3. Claims: To make a claim, you must provide proof of purchase. Black Knight will cover reasonable shipping costs for valid warranty claims within the first 12 months.
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4. Remedy: For a Major Failure, the customer may choose a refund or replacement. For a minor failure, Black Knight may choose to repair or replace the unit.
5. In the event of Product failure, the Customer should take the following actions:
(a) Refer to the Black Knight website and/or user manual in order to identify and possibly correct the problem.
(b) If the problem cannot be resolved by reference to the Black Knight website and/or user manual the Customer should then contact the dealer where such Product visit Black Knight's Help/FAQ page, or contact Black Knight Support. (c) Before the Customer contacts a Black Knight service agent, please ensure the following information is at hand:
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the model, ID number and IMEI number of the Product
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The Customer’s full address and contact information
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A copy of the Customers original invoice, receipt or bill of sale of the purchase of the Product
Black Knight will provide the Customer with instructions regarding how and when the defective Product should be returned. Black Knight will pay costs in connection with both the return of the defective product to Black Knight and the repaired Product back to the Customer if the Defective Product is within the Warranty Period.
6. This limited warranty states the entire warranty given by Black Knight to the customer. In no event shall Black Knight be liable under this limited warranty for loss of profit, loss of anticipated savings, loss of data, loss of use of the product or any associated equipment, or indirect, incidental or consequential losses or damages of any nature whatsoever to the fullest extent that those losses or damages can be disclaimed by law. In any case Black Knight and its suppliers entire liability under any provision of this limited warranty shall be limited to the amount actually paid by the customer for the hardware. Black Knight does not exclude or limit liability for personal injury or death resulting from its own negligence, for defects in the Product arising out of its or its manufacturers’ negligence.
THE LAWS OF CERTAIN COUNTRIES MAY STATE THAT THE MANUFACTURER MAY NOT EXCLUDE OR LIMIT ASPECTS OF ITS LIABILITY TO THE CONSUMER. WHERE THAT IS THE CASE, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS LIMITED WARRANTY WILL NOT APPLY. This warranty gives the Customer specific legal rights; the Customer may also have other rights, which may vary from country to country. This limited warranty does not affect the Customer’s statutory rights in law specific to the country of purchase - such rights remain protected. This Limited Warranty will be updated by Black Knight from time to time. Please visit the Black Knight website at www.bk-gts.com to obtain the latest version of the Limited Warranty for the Product and for more information and support.
SAFETY WARNING
This product contains a battery – do not burn, crush or expose to extreme direct heat. Do not submerge in water. Do not open, tamper with, or otherwise attempt to reverse engineer elements of the Black Knight device. Breach of these safety warnings risks voiding your warranty.
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ACCOUNT DELETION SECTION
We understand that you may wish to delete your account for various reasons. Please take note of the following information before proceeding with the account deletion process:
1. **Data Removal**: Deleting your account will permanently remove all associated data, including personal information, preferences, and activity history. This action cannot be undone.
2. **Backup**: If you have any important data within the app, we recommend backing it up before initiating the account deletion process.
3. **Pending Transactions**: Ensure that there are no pending transactions or actions related to your account, as they may be disrupted by the deletion process.
To delete your account, please contact our support team at support@bk-gts.com.
Note: Account deletion is irreversible, and we are unable to recover any data once the process is complete. Additionally, some data may be retained for legal or regulatory compliance purposes.
By proceeding with the account deletion, you acknowledge that you have read and understood the terms outlined above.
CUSTOMER SERVICE
