1. Acceptance of these terms
These Terms and Conditions (“Terms”) govern access to and use of PlateAlert, including its camera hardware, managed connectivity, website, mobile application, notifications, cloud storage, customer support and associated services (together, the “Service”). PlateAlert is operated by FarmAlert Limited, New Zealand (“FarmAlert”, “we”, “us”).
By purchasing, activating, accessing or using the Service, you agree to these Terms and our Privacy Policy. If you act for a business, trust, community group or other organisation, you confirm that you have authority to bind it.
2. What PlateAlert provides
PlateAlert is an event-based rural monitoring service. A compatible solar-powered, mobile-connected camera can capture still images when triggered and send them to authorised users through the PlateAlert platform.
3. Eligibility, accounts and credentials
- You must be at least 18 years old and legally able to enter into these Terms.
- Account and installation information must be accurate and kept current.
- You must protect your login credentials and tell us promptly about suspected unauthorised access.
- You are responsible for activity performed through your account, except to the extent caused by our failure to take reasonable care.
4. Installation, camera placement and privacy
You are responsible for selecting a safe, suitable and lawful installation location and for following the current installation guidance. The camera and solar panel must be securely mounted, have adequate sunlight and mobile coverage, and be positioned to capture only what is reasonably necessary for the stated monitoring purpose.
You must obtain any landowner, shared-road, body-corporate, employer, council or other permission required for installation. You must comply with the Privacy Act 2020 and any other law that applies to your use.
Where appropriate, you must display clear signage notifying people that camera monitoring is in use. Do not aim the camera into areas where people reasonably expect privacy, such as neighbouring homes, windows, private yards or changing areas. Do not record more of a public road or neighbouring land than is reasonably required.
You are responsible for responding appropriately to privacy questions and access or correction requests concerning images under your control. FarmAlert may assist but does not provide legal advice.
5. Performance and service limitations
PlateAlert is designed to provide useful vehicle snapshots, including registration plates in suitable conditions. Results vary. We do not promise that every vehicle will trigger an event, that every image or plate will be readable, or that every alert will arrive immediately.
Performance can be affected by installation angle, vehicle speed or spacing, obstruction, dirt, glare, darkness, weather, battery charge, shade, mobile coverage, network congestion, third-party outages, phone settings, app permissions and device compatibility.
You must not rely on PlateAlert as your only safety, security, access-control, regulatory or evidential measure. Maintain suitable physical security and emergency procedures.
6. Hardware, delivery and support
Hardware specifications, price, included items, delivery estimate and any installation service will be those confirmed in your quotation or order. Ownership of purchased hardware passes when payment is complete, subject to any contrary written agreement.
You must not remove or replace a managed SIM, materially modify the hardware, defeat security controls, reverse engineer the Service or use the camera with an unauthorised platform.
Any stated manufacturer or limited warranty is additional to rights that cannot lawfully be excluded. Nothing in these Terms limits rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable law. Damage caused by misuse, unauthorised modification, incorrect installation, impact, flooding, fire, animals, inadequate mounting or failure to follow instructions may not be covered.
7. Subscriptions, usage and payment
An active subscription is required for managed connectivity, image processing, storage, notifications and app access. The price, billing frequency, included usage and plan limits are those shown or agreed when you subscribe.
You authorise the nominated payment provider to process recurring charges. If payment fails or a subscription expires, we may suspend connectivity, uploads, notifications, storage or account access until the account is brought up to date.
Plans may include daily or other snapshot allowances intended to match expected traffic. If usage materially exceeds the selected plan, we may temporarily limit processing, contact you to resolve the cause, or require a more suitable plan. We will act reasonably and consider exceptional events.
You may cancel as described in your subscription arrangement. Unless required by law or expressly agreed, cancellation takes effect at the end of the paid billing period and partial-period refunds are not provided.
8. Images, data and retention
You retain your rights in images and information generated by your camera. You give FarmAlert and its service providers permission to receive, host, process, transmit, display, back up and delete that information as reasonably necessary to provide, secure, support and improve the Service.
Snapshots are ordinarily retained for up to 30 days and may then be deleted automatically. You are responsible for exporting or otherwise preserving any image you lawfully require before it is deleted. We do not guarantee archival or evidential preservation.
Our handling of personal information is described in the Privacy Policy. You must not upload, use or share images in a way that breaches another person’s privacy, confidentiality or legal rights.
9. Owners and authorised viewers
The camera owner controls who may be invited as a viewer. Each viewer should use their own account. The owner is responsible for granting access only to appropriate people, explaining the permitted purpose, reviewing access periodically and removing access when no longer required.
Viewers must keep information confidential and use it only for the legitimate purpose for which access was granted. A viewer must not republish or distribute images without proper authority and a lawful basis.
10. Acceptable use
You must not use the Service:
- for harassment, stalking, intimidation, discrimination, unlawful surveillance or public shaming;
- to monitor a place where people reasonably expect privacy;
- to falsely accuse, identify or imply wrongdoing by a person;
- to interfere with another system, network, account or camera;
- to test, probe, overload, scrape or circumvent security or usage controls;
- for any illegal, unsafe, misleading or fraudulent purpose.
11. Networks and third-party services
The Service relies on mobile networks, cloud hosting, app stores, payment providers, notification services and other third parties. Those services can change, fail or be unavailable. We will take reasonable steps to restore service issues within our control but cannot guarantee third-party availability.
The managed SIM remains part of the PlateAlert service and may be restricted to approved devices, networks and uses. Coverage at an installation location is not guaranteed merely because a mobile phone works there.
12. Liability
To the fullest extent permitted by law, FarmAlert is not responsible for indirect or consequential loss, loss of profit or opportunity, theft, property damage or loss caused by an event that PlateAlert did not detect or notify. PlateAlert is a monitoring aid and does not transfer responsibility for property security, safety decisions or response actions to FarmAlert.
Where liability cannot lawfully be excluded, it is limited only to the extent permitted by applicable law. Nothing in these Terms excludes or restricts any right or remedy that cannot legally be excluded or restricted.
You are responsible for loss caused by your unlawful use, unsafe installation, unauthorised modification, breach of privacy obligations or sharing of images without authority.
13. Suspension and termination
We may suspend or terminate access where reasonably necessary because of non-payment, unlawful or abusive use, excessive security risk, interference with the Service, a serious breach of these Terms, a legal requirement or discontinuation of a service component. Where practical, we will give notice and an opportunity to remedy the issue.
On termination, camera connectivity, notifications and access may stop. Images may be deleted according to our retention process. Provisions that reasonably need to continue, including payment obligations, privacy, intellectual property and liability provisions, survive termination.
14. Changes to the Service or Terms
We may improve, modify or discontinue features as technology, providers, law or business requirements change. We may update these Terms by publishing a revised version. We will provide reasonable notice of material changes where practicable. Continued use after the effective date means you accept the updated Terms.
15. New Zealand law and contact
These Terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction, subject to any rights you have to use a tribunal or other dispute process.
Questions or support requests:
FarmAlert Limited
Canterbury, New Zealand
platealert@farmalert.net