Terms of service

MagTag Pty Ltd – Terms of Service
Effective Date: 01/06/2024

This policy constitutes an integral part of our Terms of Service. It is not possible to complete any purchase on this website without first acknowledging and agreeing to these terms by selecting the checkbox confirming that you have read, understood, and accepted all associated policies.

These Terms of Service (“Terms”) govern your use of our website www.MagTag.com.au (the “Site”) and the services provided by MagTag Pty Ltd (“we,” “us,” or “our”). By accessing or using the Site and our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Site or services.

1. Use of Our Services

Eligibility

You must be at least 18 years old to use our services or purchase our products.

By using our services you represent and warrant that you meet this requirement.

Account Registration

Certain features of our services may require you to create an account.

You agree to:

  • provide accurate information

  • keep your information current

  • maintain the confidentiality of your login credentials

You are responsible for all activity under your account.

Prohibited Activities

You agree not to:

  • use our services for unlawful purposes

  • attempt unauthorized access to our systems

  • interfere with the operation of the website

  • transmit viruses, malware, or malicious code

  • use automated tools (bots, spiders, scrapers) to access the site

Unauthorised Tracking

MagTag® devices are intended only for tracking personally owned property.

Using MagTag® devices to track individuals without their knowledge or consent may violate privacy, surveillance, or criminal laws.

Users are solely responsible for ensuring their use complies with applicable laws.

MagTag Pty Ltd accepts no responsibility for misuse of its products.

2. Intellectual Property

All content on this Site including but not limited to:

  • logos

  • product designs

  • graphics

  • images

  • videos

  • text

  • software

is the property of MagTag Pty Ltd or its licensors and is protected by intellectual property laws.

You may not reproduce, distribute, or modify any content without prior written permission.

3. Policies

These Terms incorporate our:

  • Shipping Policy

  • Returns Policy

  • Privacy Policy

By using our services you agree to those policies.

4. Termination

By You

You may stop using our services at any time.

By Us

We may suspend or terminate access to our website or services at any time if:

  • you violate these Terms

  • misuse our products

  • engage in unlawful activity

Survival

Sections relating to liability limitations, intellectual property, and indemnification survive termination.

5. Disclaimers and Limitation of Liability

General Disclaimer

The website, products, and services are provided “as is” and “as available.”

To the maximum extent permitted by law, MagTag Pty Ltd disclaims all warranties, including:

  • merchantability

  • fitness for a particular purpose

  • uninterrupted availability

Nothing in these Terms excludes rights that cannot be excluded under Australian Consumer Law.

Third-Party Network Dependency

MagTag® products may integrate with third-party technologies including but not limited to Apple Inc.’s Find My network.

These networks and technologies are owned and controlled entirely by their respective providers.

MagTag Pty Ltd has no control over their operation, policies, or availability.

Functionality of MagTag® products may depend on:

  • participation of third-party devices

  • operation of external networks

  • third-party platform compatibility

These third-party services may be modified, restricted, suspended, or discontinued at any time.

MagTag Pty Ltd does not guarantee the continued availability or operation of any third-party service.

Platform Certification and Access Dependency

MagTag® products may rely on certifications, authentication systems, or approvals issued by third-party technology providers.

These may include but are not limited to:

  • accessory certification programs

  • authentication chips

  • pairing name tokens

  • manufacturer identifiers

  • network access approvals

These approvals are controlled entirely by the relevant platform provider.

Platform providers may at any time:

  • modify certification requirements

  • revoke or suspend approvals

  • restrict device access

  • change authentication requirements

  • disable compatibility with specific hardware

MagTag Pty Ltd has no authority or control over these decisions.

If such actions occur, MagTag® products may lose functionality or compatibility with the affected platform.

Technology Lifecycle and Compatibility

Technology platforms, mobile operating systems, and wireless standards evolve over time.

MagTag Pty Ltd does not guarantee that MagTag® products will remain compatible indefinitely with:

  • future mobile operating systems

  • future platform policies

  • future software updates

  • third-party network changes

Compatibility may change due to updates made by third-party providers.

Product Performance Disclaimer

MagTag® products assist in locating property through participating device networks.

MagTag® devices do not guarantee recovery of lost or stolen items.

Location updates depend on nearby compatible devices and network participation.

Performance may be affected by:

  • environmental conditions

  • signal interference

  • physical obstructions

  • battery condition

  • device configuration

MagTag® products are designed as asset recovery aids, not real-time tracking systems.

No Guaranteed Tracking Coverage

Location updates may not occur if compatible devices are not nearby.

Coverage may vary depending on population density, device participation, and environmental factors.

Continuous tracking or real-time location updates are not guaranteed.

Limitation of Liability

To the fullest extent permitted by law, MagTag Pty Ltd will not be liable for:

  • indirect damages

  • consequential damages

  • lost profits

  • lost property

  • business interruption

  • loss of data

arising from the use of our products or services.

Where liability cannot be excluded under applicable law, our liability will be limited to one of the following remedies:

  • repair of the product

  • replacement of the product

  • refund of the purchase price

6. Safety Warning

MagTag® products may contain small parts and a CR2032 button battery.

Button batteries are dangerous if swallowed.

KEEP OUT OF REACH OF CHILDREN.

If swallowed, seek immediate medical attention.

MagTag Pty Ltd is not responsible for harm resulting from misuse or improper storage.

7. Unlawful Use Disclaimer

MagTag® products are intended for lawful use only.

Prohibited uses include:

  • tracking individuals without consent

  • stalking or harassment

  • unlawful surveillance

Users are solely responsible for ensuring compliance with applicable laws.

MagTag Pty Ltd disclaims liability for unlawful use.

8. Indemnification

You agree to indemnify and hold harmless MagTag Pty Ltd and its officers, employees, and affiliates from any claims, damages, liabilities, and legal costs arising from:

  • misuse of MagTag® products

  • violation of these Terms

  • unlawful use of the product

9. Governing Law

These Terms are governed by the laws of Western Australia.

Any disputes will be subject to the jurisdiction of Western Australian courts.

10. Compliance With Laws

Users are responsible for ensuring their use of MagTag® products complies with all applicable laws, including privacy and surveillance laws.

11. Responsible Use Guide

We provide guidance on responsible use of MagTag® products.

Users are encouraged to review our Responsible Use Guide available on our website.

12. Changes To These Terms

We may update these Terms at any time.

Updates will be posted on this page.

Continued use of our website or products after changes are posted constitutes acceptance of the updated Terms.