The subscriber as mentioned in the registration form agrees to subscribe the ‘Vehicle Tracking Solution’ from TrackersBD Providing such services in Bangladesh under the following terms & conditions.
“TrackersBD” Service Agreement:
Please read these terms and conditions (this “agreement”) in full. This agreement is between you (“you”) or “customer” are the original, end user purchaser of the GPS tracking device (“device”) that works in conjunction with our web site and the services associated with it (the “services”) and us (we are TrackersBD, the company that sold the device to you). This agreement contains important terms, conditions, allocations of risk between you and us, and limitations of our liability to you that we want you to know about and applies to all of past, present, and future use of your device and the services, until modified or replaced by new terms and conditions. It is effective in below condition:
(1) When you have a device installed and activated for use;
(2) log onto our web site (where a link to this agreement appears) and acknowledge this agreement, i.e., by signing below;
(3) use the services;
(4) Purchase more services; or accept, at any time, any of the benefits of the services. This agreement is not intended to give anyone else a right, remedy, or claim of any kind against you or us. Note: your device is covered by a limited product warranty that is separate from this agreement.
2: Changes to this Agreement
Subject only to limitations imposed on us by our service provider or applicable law, we have the right, in our sole discretion, to modify this Agreement and the Services at any time, including (without limitation) suspending the Services. Changes to the Agreement will be posted on our web site, which you agree to visit regularly, or may be sent to you by e-mail or postal mail. Your continued access to our web site and use of the Services following posted notice of changes means you accept and are bound by those changes.
You pay for the services by a valid credit or debit card or cheques or such other method as we expressly approve. If you give us a credit or debit card number, you are authorizing us to charge it for the services and all amounts due under this agreement without further notice to you. If your credit or debit card provider refuses a charge, the services can be terminated or suspended without notice. You assume exclusive liability for any and all taxes, tariffs, fees, duties, withholding or like charges, whether domestic or foreign now imposed or hereafter becoming effective related to the services or your VTS device or its components, (other than those based on our net income) including, without limitation, all federal, provincial, state and local taxes, as well as all value-added, goods and services, stamp documentary, excise and property taxes and duties. Payments not received within 10 days of any applicable due date are past due and we, in our sole discretion. Services will be disrupted without notice after the day of non-payment. Re-activation fees may apply!
Most service plans do not offer refunds on unused services. You will not be entitled to a refund of the purchase price of your device subject to your product warranty. If you deactivate your device, there may be a charge to reactivate it if you decide to use it again later.
5: Usage Limitations
You may not resell the Services. They are for your own reasonable end use consistent with your service plan. The Services may only be used for lawful purposes. Limits may be set based on your usage level or tiered pricing may be applied based on your level or usage patterns. If you exceed these limits, you may be charged a higher rate for your excess usage (as detailed in your service plan) or we or our service providers may suspend your use of the Service if we deem it abusive. You agree that we may use any credit or debit card we have on file or your other payment account to pay such charges.
6: No Transfer of the Services
The Services are not transferable by you even if you are a commercial user If you wish to transfer ownership of a vehicle in which a device is installed, you agree that you will uninstall the device from it or disable/terminate the device and associated services by us and inform the transferor – before the transfer – that you actually have your vehicle in your vehicle. Have the device and advise the transferee to contact us with any questions.
7: Suspension and Termination of the Services
Services may be suspended or terminated without prior notice to you for good cause without liability. This means that, to give some examples, the Services may be terminated or suspended if you violate any part of this Agreement, fail to pay amounts due under this Agreement, interfere with the provision of the Services, or use the Services for any illegal purpose. or otherwise improper purpose. The Services may be discontinued or suspended if the communications services used by us cease to be available (for example, as a result of service termination by a cellular telecommunications carrier) or are interrupted (for example, as a result of telephone/telecommunications network or Internet congestion) or our network maintenance, Upon the occurrence or omission of any other circumstances relating to repairs or improvements.
We collect information automatically through the use of technology. When you visit our website or use our mobile app, we and related technology providers with whom we are not directly affiliated (using their analytics software) may collect certain information about your computer or device through technologies such as cookies, web beacons, logs . files, or other tracking/recording tools. The information we collect through the use of tracking technologies includes IP addresses, browser information, referring/exit pages and URLs, click stream data, and information about the website, mobile app, or service you visit, domain names, landing pages, page views, cookie data that uniquely identifies us. Your browser allows us to identify and track your browsing behavior on our Site, mobile device type, mobile device ID or other permanent identifier, and location data collected from your mobile device. Some or all of this data may be combined with other personally identifiable information described above. When you access our Service on or through a mobile device, we may receive or collect and store a unique identification number associated with your device or our mobile application (for example, a UDID, Unique ID for Advertisers (“IDFA”). (including Google Ad ID, or Windows Advertising ID or other identifier), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, installed app list and your mobile device settings, your geographic location data Depending on, including GPS coordinates (such as latitude and/or longitude), WiFi location or similar information regarding the location of your mobile device. We use this information to remember information so that you do not have to re-enter it during your visit or the next time you visit the Site or Mobile App. Provide custom, personalized content and information, including advertising. Connect with and automatically update our mobile application on your system and related devices.
Data collected through this API will be governed by the Lotadata Privacy Notice (https://lotadata.com/privacy_policy)
You agree that we may, subject to applicable law, use and share any of this information to: (a) provide the Services to you; (b) assist emergency service providers, or others, as reasonably necessary; (c) contact you about your account and collect payments; (d) check or maintain your device; (e) assist with your end use of the Services, such as fleet management; (f) developing new products and services and improving existing products; (g) enforce this Agreement; (h) prevent fraud, misuse or abuse of the Services; (i) comply with legal requirements, including valid court orders and subpoenas; or (j) protect your or others’ rights, property or safety. You also agree that we and our service providers may, subject to applicable law, use this information: (a) to conduct market research; (b) determine your eligibility for you and offer you new or additional products and services that may be of interest to you; (c) send you important product and service-related communications; and (d) solving problems and improving services (e) developing and launching new business. You also agree that we have all legal rights to incrementally use the data transmitted from your device to our servers. This information will not otherwise be individually shared with third parties that disclose your identity for their independent use without your consent.
We may also collect information from you or your device or from your use of the Services, aggregate that information, and use it with other aggregated information obtained from other individuals (“Aggregated Information”). For example, we may use aggregate information to determine aggregate usage of the Services, identify usage patterns, and make product and service development decisions. We or our service providers may own all rights to and share aggregated information with any third party for any purpose without disclosing your identity.
Because we provide services over wireless and other common carrier networks, we cannot promise that your communications will not be intercepted by others. You agree that we shall not be liable for any loss of privacy in connection with communications on such networks.
9: Lost or Stolen Vehicles
If your vehicle is lost or stolen, we may attempt to help you locate it, although we have no obligation to do so, do not guarantee that it will be found or found, and do not guarantee the condition of your vehicle or items. The vehicle should have been recovered. You may be asked to provide satisfactory identification and/or a police report. In any event, our obligation to assist you in providing commercially reasonable assistance in your efforts to locate your vehicle will end 48 hours after you first report it to the authorities as missing or stolen. If we provide support after such 48-hour period, you agree that we may do so as we see fit and we shall not be liable for any acts or omissions arising in connection with such support. Regardless of the circumstances, we shall have no obligation to assist in locating your vehicle for purposes of tracking or locating a person or recovering any valuables within your vehicle.
10: Breach of this Agreement
You agree to indemnify and hold us and our parent corporation, affiliates, subsidiaries, employees, agents, and service providers harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the services, breach of this agreement, or any act, error, or omission on your part or that of anyone who uses the services. This provision will continue to apply after the termination or cancellation of this agreement.
11: One Year Warranty
Your device is covered by 7 Days to 2 year full replacement warranty from the date you install based on product models. This includes protection from “TrackersBD’ to check your device properly and replace if needed.
12: limitations of the Services
The services use cellular or other wireless telecommunications networks in the country as well as the global positioning system (“GPS”) satellite network. The services are not available everywhere, particularly in remote areas, or at all times. Your vehicle has to have a properly functioning electrical system and adequately charged battery for the services to have any chance of working. The services may not work if your device is not properly installed by our authorized representative, not properly maintained, modified by any person other than our authorized representative, or combined with equipment, services, or software not expressly approved by us. Certain elements of the services, such as the ability to remotely unlock or disable your vehicle, may simply be incompatible with your vehicle’s design. There are other problems beyond our control that may prevent us from providing the services to you at any given time, such as damage to your vehicle in an accident, abuse or neglect of your device, terrain (hills, mountains, dips, valleys), buildings, bridges, tunnels, weather, the design of your vehicle, defects (including hidden defects) in your vehicle, localized “gaps” in cellular telephone network coverage, cellular telephone network congestion, and interference with the satellite transmissions that help supply the GPS data used by us in providing the services.
13: Important Limitations of our Liability
THESE LIMITATIONS OF LIABILITY CONSTITUTE A WAIVER OF IMPORTANT LEGAL RIGHTS. In this regard, you acknowledge that these limitations are integral to the pricing of the Services, and that, if we or our service providers assume any liability other than as set forth herein, our prices for the Services must be substantially higher. Unless prohibited by applicable law, you agree as follows:
ONE, YOU EXPRESSLY AGREE THAT YOUR OPERATION AND USE OF THE DEVICE OR THE SERVICES IS AT YOUR SOLE RISK. WE NOR OUR SERVICE PROVIDERS SHALL HAVE NO LIABILITY RESULTING FROM YOUR USE OF OR IN CONNECTION WITH YOUR DEVICE OR SERVICES. You agree that you shall not be responsible in any way for any selection or retention by us or our service providers or for the acts or omissions of other parties in connection with the Services. You understand that you have no contractual relationship with our service providers and are not a third-party beneficiary of any agreement between us and our service providers, although they may be third-party beneficiaries of these agreements. You waive any and all claims or demands if you are a third party beneficiary of any agreement between us and our service providers.
TWO, THE MAXIMUM, CUMULATIVE LIABILITY OF OUR AND OUR SERVICE PROVIDERS UNDER ANY THEORY FOR ANY ONE OR MORE RELATED OR UNRELATED CLAIMS (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCT LIABILITY) FOR SERVICES UNDER THIS AGREEMENT. Three times the amount paid from the date of first occurrence of raising your claim(s).
THIRD, YOU AGREE, AND WE AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, (1) PUNITIVE DAMAGES, (2) TRIPLE, CONSEQUENTIAL, INDIRECT, LOST PROFITS, INCIDENTAL OR SPECIAL DAMAGES REGARDLESS OF AND AGREE TO RELEASE BOTH PARTIES HEREUNDER. whether counsel was given of the possibility of damages in kind or (3) attorney’s fees. WE BOTH AGREE NOT TO CLAIM ANY DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES LIMITATION IN THIS AGREEMENT AND TO INDEMNIFY TO THE FULLEST EXTENT PERMITTED BY LAW.
FOUR, WE OR OUR SERVICE PROVIDERS ARE NOT LIABLE TO YOU IF THE SERVICES ARE INTERRUPTED BY ANY THIRD PARTY, BY BUILDINGS, MOUNTAINS, TUNNELS, YOUR VEHICLE (INCLUDING ITS ELECTRICAL SYSTEMS), OR FOR PROBLEMS CAUSED BY OR CAUSED BY YOU. Neither we nor our service providers control telecommunications network congestion, weather, interference with satellite transmissions or any other factors. Notwithstanding anything else in this Agreement, you agree to excuse any non-performance caused by us or our service providers in whole or in part by the act or omission of any third party, or by any equipment failure, act of God, natural disaster, strike, equipment or Shortages of facilities, or other factors beyond our control or the control of our service providers.
Fifth, neither we nor our service providers can promise that any data or information provided will be error-free. All data and information are provided to you on an “as is” basis. YOU AGREE THAT WE OR ANY SERVICE PROVIDERS WHO MONITOR, PROCESS OR SEND OR RECEIVE YOUR DATA OR INFORMATION THROUGH YOUR DEVICE OR SERVICES ARE NOT RESPONSIBLE FOR ANY ERRORS, ERRORS, PROBLEMS OR INACCURACIES IN THAT DATA OR INFORMATION. This means that you may not recover damages of any kind, including consequential (such as lost revenue or lost contracts), indirect, incidental, special or punitive damages for that defect, error, problem or mistake. THE FOREGOING LIMITATION OF LIABILITY COVERS, WITHOUT LIMITATION, “ANGEL SERVICES” WHERE YOU COMMUNICATE VERBALLY WITH US OR OUR SERVICE PROVIDERS FOR SPECIAL ASSISTANCE IN USING THE SERVICES.
Six, in order to provide the Services to you, we must enter into agreements with telecommunications carriers and other service providers that operate cellular and satellite networks using technology compatible with the particular device you purchase. Neither we nor our service providers are liable if the Services become unavailable or interrupted because a service provider terminates its agreement with us or stops providing our services, or does anything that makes your device obsolete or incompatible with the technology used by us. Our other service providers.
SEVEN, YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND INDEMNIFICATION IN THIS AGREEMENT WILL SURVIVE TERMINATION OR EXPIRY OF THIS AGREEMENT AND WILL APPLY TO ANY CLAIMS OF ANYONE USING YOUR VEHICLES OR SERVICES IN ADDITION TO YOU, ANYONE CLAIMING ON YOUR BEHALF. Anyone associated with you and arising from or related to the Services.
Eight, services are not a substitute for insurance. You promise that you will obtain and maintain appropriate insurance covering personal injury, property damage, and other risks for you and anyone else claiming under you. You hereby release and discharge us and our Services
14: Governing Law
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the people’s republic of Bangladesh without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. The UN Convention on contracts for the international sale of goods will not apply.
15: Resolution of Disputes
If you have a disagreement with us related to the services, we will try to resolve it informally. If we cannot resolve it informally in a manner and time frame we reasonably deem appropriate, you agree, and we agree, to the fullest extent permitted by law, to use arbitration and not go through the courts (except smalls claims courts as provided below) with to resolve our disagreement. A government agency can always be contacted for help.
16: Intellectual Property
All intellectual property rights and any other proprietary rights underlying and related to the Devices and Services are the sole and exclusive property of their respective owners or licensors, and you do not acquire any such rights in the Devices or Services. You may not modify or reverse engineer your device or decompile any software associated with your device or the Service.
If any part of this Agreement is held invalid by a court or arbitrator, the remainder of this Agreement will remain enforceable. Even after this Agreement is terminated, its provisions will govern any dispute arising out of or relating to it (unless superseded by a change in a new agreement issued by us or between us). It shall also be binding on your heirs and successors and our successors. In the event of any breach of any part of this Agreement, or any breach thereof, we shall not be required to waive any other instance or breach. YOU AGREE THAT THE LIMITATION OF REMEDIES, LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMER SET FORTH IN THIS AGREEMENT WILL SURVIVE TERMINATION. We reserve the right to assign this Agreement and our rights and obligations hereunder, in whole or in part. If we make an assignment, we will have no further obligations to you.
You agree not to hold the dealer, TrackersBD, its owners or partners in any way responsible for the use or misuse of this device. This device cannot be used as a “stocking” device. TrackersBD does not directly provide satellite equipment or map services and as a dealer cannot be held responsible in any way for this device. This device and service are in no way designed as a life-saving device. This device is used for informational purposes.
By their signatures below, the Customer and TrackersBD have read, understood and executed this Agreement in one or more counterparts, each of which constitutes an original but all of which together constitute one Agreement. Transmission of signature pages by facsimile or other electronic means is acceptable.