Leisure Technologies Pty Ltd trading as WiTi

Effective Date: 1 April 2026 • Version 1.0

ABN 48 625 304 154

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the services provided by Leisure Technologies Pty Ltd (ABN 48 625 304 154), trading as WiTi ("we", "us", or "our"), with its principal place of business in Western Australia.

By subscribing to, accessing, or using any of our Services, you ("Customer", "you", or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, you must not use our Services.

2. Services

2.1 GPS Tracking and Telematics

We provide GPS tracking and telematics solutions which may include, but are not limited to:

• Asset and vehicle tracking
• Fleet management and monitoring dashboards
• Reporting tools and analytics
• Mobile applications
• Associated hardware devices

2.2 Service Availability

We will use commercially reasonable efforts to ensure Services are available 24 hours a day, 7 days a week. Availability may be affected by scheduled maintenance, network outages, third-party service disruptions, force majeure events, or other circumstances outside our reasonable control. We do not guarantee uninterrupted or error-free access and will not be liable for any downtime.

2.3 Third-Party Integrations

Our Services may incorporate or rely upon third-party services including mapping providers, telematics platforms, telecommunications carriers, and cloud infrastructure. We are not responsible for the acts or omissions of any third-party service provider.

3. Subscriptions and Payment

3.1 Subscription Plans

Access to our Services is provided on a subscription basis. Plans are available on a monthly or annual basis as detailed on our website or in your order documentation. Annual subscriptions may be offered at a discounted rate.

3.2 Fees

All fees are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. Additional taxes or duties may apply where required by law.

3.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By subscribing, you authorise us to charge your nominated payment method at the then-current rate. We will provide at least 14 days’ written notice of any material fee change prior to your next renewal.

3.4 Cancellation

You may cancel your subscription at any time via your account portal or by contacting us at sales@witi.com.au. Cancellation takes effect immediately upon request. Where a prepaid subscription period has not yet been fully consumed, any remaining balance will be calculated on a pro-rata basis and refunded to your original payment method within 14 business days. Refunds will not be issued for any portion of a billing period already used.

3.5 Late Payment

If payment is not received by the due date, we reserve the right to suspend or restrict access to the Services until outstanding amounts are paid. Interest may be charged on overdue amounts at 2% per annum above the Reserve Bank of Australia cash rate.

3.6 Taxes

You are responsible for all taxes, duties, and levies (including GST) applicable to your use of the Services, other than taxes based on our net income.

4. Use of Services

4.1 Permitted Use

You may use our Services solely for your own internal business or personal purposes in accordance with these Terms, applicable laws, and any documentation we provide.

4.2 Prohibited Use

You must not use our Services to:

• Track any person without their knowledge or consent where required by law
• Violate any applicable law, regulation, or code of conduct
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorised access to any part of the Services
• Transmit harmful, offensive, defamatory, or illegal content
• Reverse engineer, decompile, or disassemble any component of the Services
• Resell or sublicense the Services to any third party without our prior written consent

4.3 Account Responsibility

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us immediately of any unauthorised access or security breach.

5. Hardware Devices

We supply GPS tracking hardware devices (“Devices”) directly to end-user consumers and business customers, including via our online Shopify store at witi.com.au. The following terms apply to all Device purchases unless otherwise agreed in writing.

5.1 Title and Risk

Title to a Device passes to you upon receipt of full payment. Until full payment is received, we retain legal title and you hold the Device as bailee on our behalf. Risk of loss or damage to a Device passes to you upon dispatch from our facility or that of our fulfilment partner.

5.2 Limited Hardware Warranty

We warrant that Devices will be free from material defects in materials and workmanship for a period of 12 months from the date of delivery (“Warranty Period”). During the Warranty Period, we will, at our discretion, repair or replace any Device that is found to be defective under normal use, at no charge to you.

This warranty does not cover:

• Damage caused by accident, misuse, neglect, water ingress beyond the Device’s rated IP specification, or unauthorised modification
• Normal wear and tear or cosmetic damage that does not affect Device functionality
• Damage caused by installation not in accordance with our written instructions
• Devices with removed, altered, or illegible serial numbers
• Third-party accessories, cables, or components not supplied by us

5.3 Australian Consumer Law

Our Devices come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). 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 Devices repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms limits or excludes any right or remedy you may have under the ACL.

5.4 Returns and Change of Mind

We accept change-of-mind returns on Devices within 30 days of delivery, provided the Device is unused, in its original packaging, and accompanied by proof of purchase. Return shipping costs are the responsibility of the customer for change-of-mind returns. We do not accept change-of-mind returns on Devices that have been activated, configured, or installed. Approved returns will be refunded to the original payment method within 14 business days of our receipt of the returned Device.

5.5 Limitation of Liability for Hardware

To the maximum extent permitted by law and subject to the ACL, our liability in connection with a Device is limited to the purchase price paid for that Device. We are not liable for any loss of data stored on or transmitted by a Device, any loss arising from incorrect installation or use of a Device, or any indirect or consequential loss arising from Device failure. For business customers, where the ACL permits limitation of liability to resupply or repair, we elect to limit our liability accordingly.

5.6 Online Sales via Shopify Store

Device purchases made through our online store are subject to these Terms in addition to any terms presented at the point of sale. By completing a purchase through our Shopify store, you confirm that the information you have provided is accurate and that you agree to be bound by these Terms. We reserve the right to cancel or refuse any order at our discretion, including where stock is unavailable or where we reasonably suspect fraudulent activity. In the event of an order cancellation by us, a full refund will be issued to the original payment method.

6. Intellectual Property

All intellectual property rights in the Services, software, platforms, content, trademarks, and documentation (including the WiTi brand and related marks) are owned by or licensed to Leisure Technologies Pty Ltd. These Terms do not transfer any intellectual property rights to you.

7. Data and Privacy

The collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, which forms part of these Terms and is available at witi.com.au. Our Privacy Policy describes how we handle GPS location data, personal information, and third-party data sharing.

You are responsible for ensuring that any individuals whose data you collect or track through the Services have been notified and, where required by law, have consented in accordance with the Privacy Act 1988 (Cth) and applicable state laws.

8. Confidentiality

Each party agrees to keep the other party’s confidential information (including pricing, system configurations, and business information) confidential and not disclose it to any third party without prior written consent, except as required by law or to carry out obligations under these Terms.

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total aggregate liability for any claim is limited to the total fees paid by you in the 3 months immediately preceding the event giving rise to the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, revenue, data, or business opportunities
• We are not liable for inaccuracies in GPS data, delays in data transmission, or decisions made in reliance on Service outputs

Nothing in these Terms excludes, restricts, or modifies any right or remedy implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

10. Indemnification

You agree to indemnify, defend, and hold harmless Leisure Technologies Pty Ltd, its officers, directors, employees, and agents from any claims, liabilities, damages, and costs (including reasonable legal fees) arising from your breach of these Terms, misuse of the Services, or any claim by a third party relating to data you have collected or tracked using the Services.

11. Term and Termination

These Terms commence on the date you first access the Services and continue until your subscription is cancelled or terminated. Either party may terminate immediately by written notice if the other materially breaches these Terms and fails to remedy the breach within 14 days of notice. We may also suspend or terminate your access if we reasonably suspect fraudulent activity or non-payment.

Upon termination, your right to access the Services ceases. We will make your data available for export for 30 days following termination, after which it may be deleted.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of Western Australia, Australia. Any dispute that cannot be resolved by good-faith negotiation shall be referred to mediation in Western Australia before either party may commence litigation. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

13. General

13.1 Entire Agreement

These Terms (together with our Privacy Policy and any order documentation) constitute the entire agreement between the parties and supersede all prior agreements or representations.

13.2 Amendments

We may update these Terms from time to time. We will notify you of material changes by email or notice on our website. Continued use after the effective date constitutes acceptance.

13.3 Waiver and Severability

A failure to enforce any provision does not constitute a waiver. If any provision is found unenforceable, the remaining provisions continue in full force.

13.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to any affiliated entity or successor business.

14. Contact Us

For questions about these Terms, please contact us at:

Leisure Technologies Pty Ltd (trading as WiTi)

37 Royal Scot Loop, Currambine WA 6028

Sales: sales@witi.com.au

Website: witi.com.au

These Terms of Service were last updated on 1 April 2026.