1. Service Limitation
Location Solutions provides precision tracking and locating services which receives global positioning satellite (GPS) signals and communications via wireless and web-based networks (The “Device”). The availability and use of Location Solutions services (the ”Services”) are subject to many limitations, including but not limited to the following:
Services are available only if subscription payment has been made;
Services are available if your vehicle ignition is on (every 2 minutes) or ignition off (every 4 hours) and your vehicle battery is charged and connected;
Services are available only if you are within operating range of the designated wireless network;
Services may be impaired by web-based and wireless communications problems caused by atmospheric or topographical conditions, busy cells, capacity limitations, equipment problems, equipment maintenance, and other factors and conditions;
Services may be affected by inherent limitations of your vehicle’s electrical system and architecture, or if any of the components of your vehicle’s Location Solutions Unit has been damaged or is defective;
Services are not available if the GPS system is not working or the signals are obstructed; and
Services may be limited to geographic areas where map data is available in Google map databases, which may be less than that which is otherwise generally available. UNDER THIS CIRCUMSTANCE, SOME OR ALL OF THE LOCATION SOLUTIONS SERVICES MAY BE SUSPENDED OR TERMINATED WITHOUT ANY LIABILITY TO THE UNDERLYING WIRELESS CARRIER AND/OR TO ANY THIRD PARTY BENEFICIARY AND WITHOUT PRIOR NOTICE TO YOU
2. Termination or Modification for excessive use
In case Location Solutions determines that your usage of the Location Solutions GPS Tracking Service is so excessive that it interferes or could interfere with Location Solutions ability to provide timely, high-quality telematics services to its other subscribers, or if Location Solutions determines that your usage constitutes a nuisance or is otherwise not consistent with the terms of this agreement, then Location Solutions may, at its sole discretion, suspend, modify or terminate the Location Solutions GPS Positioning / Tracking Services provided to you, without any prior notice.
You hereby irrevocably agree to:
- be fully responsible for the protection of your password;
- follow the instructions for use of the Location Solutions GPS units and the Location Solutions web-based services
- furnish all contacts and other information requested by Location Solutions and notify Location Solutions immediately of any change in the information or in the ownership of your vehicle
- properly maintain your vehicle and Location Solutions GPS devices
- not use the Location Solutions Services in violation of any laws or for any unlawful or abusive purpose (if) refrain from using the Location Solutions automatic tracking services in any manner that could harm the company, the underlying wireless carrier or any other person and (ii) use the map, routing and other content included in the Location Solutions GPS Tracking Services only for your own personal use and abstain from reselling, retransmitting and/or modifying the information and content.
4. Responsibility in Emergency Situations
It is specifically understood by the parties that Location Solutions GPS Tracking Software is confined only to the extent of recording of real time movements of vehicles etc. and generating reports based on the data received by the server through GPS mechanism. Location Solutions is not at all liable for any consequences whatsoever on account of any “S.O.S.” or panic alerts triggered by the Device in case of any emergency. When Location Solutions receives an “S.O.S.” signal from your vehicle, Location Solutions will attempt to determine if an emergency exists. If Location Solutions believes an emergency exists, it shall attempt to contact a public safety provider or answering point to request assistance. Location Solutions will also attempt to call one of your third party emergency contacts. Nevertheless, attending to SOS calls is not covered by this agreement. Instead, such SOS calls may be attended to by Location Solutions purely on humanitarian consideration without any consequential responsibility of any kind whatsoever. Neither Location Solutions, nor resellers nor the underlying wireless carrier guarantee hereby that Location Solutions will successfully contact the appropriate emergency agency or your third party emergency contacts, or that emergency personnel will respond to the call or locate your vehicle. Neither Location Solutions, nor any resellers nor the underlying wireless carrier is responsible for any failure or delay in responding to an emergency or for the quality of service delivered or any consequence thereof, whether the failure is the fault of Location Solutions, the underlying wireless carrier or any third party service provider. You hereby irrevocably agree to release Location Solutions, its employees, officers, representatives, resellers and the underlying wireless carrier from all and any liabilities and losses from any kind whatsoever (including physical injury or death) that you or others may suffer in an emergency situation.
5. Wireless Network Charges
Except as stated herein above, clients are liable for and agree to pay all telecommunication costs, including wireless access and airtime charges or SMS costs (if any), associated with “Location Solutions” GPS tracking services notification. The costs will be added to client invoices.
6. Security on Wireless Network
The Service employ wireless telephone networks that use radio channels to transmit voice and data. Therefore, neither the privacy nor security of conversations or data over the wireless telephone networks can be guaranteed.
7. Privacy & Subscriber data
Location Solutions will not record, monitor or track your vehicle’s location or other information unless you subscribe for Location Solutions GPS , or, if required by a validly issued governmental order.
8. Sharing & Disclosure of information
Location Solutions (and if applicable, its partners or other trusted third parties) use, after obtaining your prior consent, your information for certain marketing, market research, analysis and related purposes.
The purposes are mainly:
General Communication purposes, from time to time by email, or by mobile (using SMS, EMS or MMS messages or similar technologies), according to the information provided by each client, and occasionally by post, with information, offers and other material which may be of interest to clients;
- To make your information available from time to time to trusted partners and third parties, for the same purposes as above;
- To conduct market research, under the form of surveys about topical issues, conducted by Location Solutions by its trusted partners or third parties. Prior to any survey participation, Location Solutions will inform clients about the method of use of the information provided within the survey;
- To enable Location Solutions and third parties acting on its behalf to analyze client information, in a non-identifying form, (generally in the form of statistics), in order to identify trends about website and service usage in order to implement appropriate improvements.
Location Solutions reserves the right to access and disclose provided personal information in order to (i) comply with applicable laws, to (ii) abide by the lawful requests from governments, law enforcement agencies or parties whose request we reasonably consider to be justified in connection with any allegations by any party about your abuse of our Services, (iii) to properly operate its systems and/or to (iv) protect itself or other users.
9. Force Majeure
“Location Solutions” will not be held responsible for the failure to provide “Location Solutions” vehicle / personal tracking services if such failure is due to any of the following force majeure events: (i) any act or omission of any wireless carrier (including interruption of cellular service), (ii) any emergency agency or any other third-party service or product provider, (iii) equipment failures or shortages, (iv) damage to the “Location Solutions” web-based network, (v) any wireless communication networks or the GPS system, (vi) acts of nature (natural calamity e.g., earthquake, hurricane, floods etc.), labor strikes, civil commotion, riots or war; (vii) or any other act or event of any kind whatsoever that is beyond the reasonable control of “Location Solutions”. UNDER ANY OF THESE CIRCUMSTANCES, “Location Solutions” MAY AT ITS OPTION SUSPEND OR TERMINATE ALL OR SOME OF THE “Location Solutions” GPS S OR TERMINATE THIS AGREEMENT ALTOGETHER WITHOUT ANY PRIOR NOTICE WITHOUT ANY LIABILITY. MOREOVER, NO REFUND OR CREDIT OF THE FEE AND CHARGES ALREADY PAID TO “LOCATION SOLUTIONS” WILL BE ISSUED.
10. Limitation of Liabilities
It must be known to the client and his involved team members that the provided Asset Tracking solution by “Location Solutions” CANNOT PROHIBIT the theft of vehicles, NOR it can guarantee retrieval, recovery, or traceability of the vehicles majority of times. The solution is designed according to the best-practices followed in this industry to track the asset containing the tracking device. However, due to technology limitations that already exist within this industry or that may occur in the future during the course of service, and due to advanced methods that may be followed by some thieves, tracking or traceability cannot be guaranteed. Technology limitations are, but not limited to, Loss of GSM signal due to problem with the GSM network, Loss of GSM signal due to uncovered area by GSM provider, Loss of GPS signal due to GPS satellite problem, Presence of Interfering Radio Frequencies, Loss of transmission from the Tracking Device due to sudden malfunction, electrical shortcut, dead battery, physical damage, alternation to one of its accessories, presence of GPS and/or GSM signal jammers, local interruption in the Email Service, SMS Service, telecommunications, and Loss of internet connection at the client’s side or “Location Solutions” side. Hence of, Client agrees not to bound “Location Solutions” liable in case of unrecovered or stolen vehicle and to clear “Location Solutions” from any liability that may occur in all cases.
The Service provided by “Location Solutions” are not intended as a substitute for insurance. Fees and other charges for “Location Solutions” Services are not related to the value of your vehicle or its contents or to the potential cost of any injury or loss suffered by you or anyone else. YOU AGREE TO RELEASE “Location Solutions”, resellers and the underlying wireless carrier AND EACH THIRD PARTY BENEFICIARY FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE “Location Solutions” SERVICES, INCLUDING, BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE “Location Solutions” SERVICES. YOU AGREE TO INDEMNIFY “Location Solution”, the underlying wireless carrier AND EACH THIRD PARTY BENEFICIARY AGAINST ALL SUCH CLAIMS, LIABILITIES AND LOSSES BROUGHT BY THIRD PARTIES. YOU FURTHER AGREE THAT THIS RELEASE EXTENDS TO ANY PARTY CLAIMING UNDER YOU AND THAT NO INSURANCE COMPANY WILL HAVE ANY RIGHT OF SUBROGATION.
NEITHER “Location Solutions”, the underlying wireless carrier, NOR ANY THIRD PARTY BENEFICIARY WILL BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) IN CONNECTION WITH THE “Location Solutions” TRACKING SERVICES OR THE “Location Solutions” UNIT, EVEN IF “Location Solutions”, the underlying wireless carrier, OR THE THIRD PARTY BENEFICIARY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS PRODUCT LIABILITY AND STRICT LIABILITY).
IF “Location Solutions”, the underlying wireless carrier, OR ANY THIRD PARTY BENEFICIARY IS FOUND LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF ALL THESE PARTIES TO YOU FOR ANY CLAIM IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE “Location Solutions” GPS TRACKING SERVICES DURING THE PRECEDING TWELVE MONTHS FROM THE DATE OF CAUSE OF ACTION OF YOUR CLAIM. NEITHER “Location Solutions”, nor the underlying wireless carrier NOR ANY THIRD PARTY BENEFICIARY WOULD HAVE AGREED TO PROVIDE THE “Location Solutions” GPS TRACKING SERVICES TO YOU IF YOU DID NOT AGREE TO THIS LIMITATION. THIS AMOUNT IS THE SOLE AND EXCLUSIVE LIABILITY OF “Location Solutions”, or the underlying wireless carrier OR THE THIRD PARTY BENEFICIARIES TO YOU, AND IS PAYABLE AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EXCEPT WHERE PROHIBITED BY LAW, YOU MAY NOT BRING ANY CLAIM AGAINST “Location Solutions”, or the underlying wireless carrier OR ANY THIRD PARTY BENEFICIARY MORE THAN ONE YEAR AFTER THE CLAIM ARISES.
11. General Legal Matter Notice
A 60 Days Notice must be given in writing unless the receiving party expressly permits verbal notice. Notices to you will be deemed given if sent to you by email, or deposited in the postal mail, postage prepaid, addressed to you at the last known address as shown on the records of “Location Solutions”. Notices to “Location Solutions” shall be deemed given when received at “Location Solutions” Office, or by email to firstname.lastname@example.org.,Attn: “Location Solutions” Operations and Customer Service.
We may assign this agreement in whole or in part without notifying you.
13. Entire Agreement
This agreement (i) constitutes the entire understanding between the parties hereto and replaces and (ii) supersedes all prior arrangement between the parties with respect to the content of the present agreement and (iii) is intended to be the complete and exclusive statement of the terms and conditions of their understanding and (iv) shall prevail on any previous agreement entered into between the parties and related to the matter hereof. Any amendment to this agreement must, be in writing and signed by an authorized representative of each party.
14. Modifications and Amendments
This agreement may only be amended in writing as agreed upon and signed by each of the parties hereto and expressly stated therein as a modification or amendment to the present agreement.
Orders will be accepted via Email based on the prices in this agreement. Any modification to the prices will be added as an addendum to this agreement and signed by both parties.
Unless otherwise expressly specified, each section, paragraph, term and provision of this agreement, and any portion thereof, shall be considered severable and if, for any reason, any such provision of this agreement is held to be invalid, contrary to public policy, or in conflict with or contrary to any applicable present or future law or regulation or otherwise unenforceable by a court, such provision shall be removed from this agreement and the remainder of the agreement shall remain valid and enforceable. Any removed provision shall be replaced by a valid new provision negotiated by the parties, having as nearly as legally possible the same economic and business effect as the removed provision was intended to have. Any provision or provisions of this agreement, which shall cease to have effect for any reason during the duration of the agreement, shall not effect or impair the remaining provisions, which shall remain in full force and effect.
16. Governing Law & Settlement of Disputes
This agreement is entered into action based on good faith and fair dealing between the signing parties. Both parties will treat their duties and responsibilities and each other with honesty, fairness, and good intentions, so as to not destroy the right of the other party to receive the benefits of this agreement.
In case of dispute regarding the interpretation of this agreement or regarding the fulfillment of each party duties, both parties must first seek mutual resolution amicably.
The validity, interpretation and implementation of the present agreement and any dispute, controversy, claim, or question between the parties arising out of, or in connection with, or in relation to, the validity, interpretation, performance or non performance of this agreement, or any breach by either parties of the provisions of the present agreement, shall be (i) determined, governed by and construed in accordance with the United Arab Emirates (UAE) applicable laws and regulations governing the content of the agreement and (ii) resolved by the Dubai Court.
This agreement, including disclaimer of warranties and limitations of liability, will be enforceable against your heirs, successors and assigns.
18. Execution in Counterparts
This agreement shall be executed in two counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
19. Trademarks & Intellectual Property
You hereby acknowledge that all signs, logos, patents and any other trade mark are owned by “Location Solutions” and that you will not under any circumstances use them or copy them or make an illegal or fraudulent action related to the said trademarks and copyrights.
All information, technical data and, specifications, whatever their nature and support, including but not limited to technical, economical, financial or commercial information, disclosed by Location Solutions to clients or that clients may acquire from Location Solutions within their business relationship are confidential and are subject to the strictest confidentiality obligation. You agree to refraining from disclosing any confidential information relating to the products to third parties other than your employees who have a “need to know” of such information within the performance of their work and who shall respect the terms of this agreement.