Before buying and activating a TrackMi device please make sure that you read the full terms of this agreement. If you DO NOT agree with these terms, please refrain from buying or register the device.
TrackMi is operated by TrackLtd, registered under the laws of Malta, registration number; C90211.
The tracking Services hereinafter referred to as “Services” of these Terms provide asset location and tracking from the Internet via the track portal and associated apps and software. The Services include a secure logon for accessing and tracking vehicles equipped with a tracking equipment hereinafter referred to as “Device” designed to send GPS positions and event notifications to track.
Track uses unique identifiable equipment using serial numbers.
Client / Customer – physical person or legal entity that is the end user of the Product and Services wishes to purchase or has purchased the Product and/or wishes to use or is using the Monitoring System;
Equipment / Device / Tracker – a telemetry equipment installed or used in relation or in connection to the asset and transferring data to the Monitoring System, mainly for asset tracking and/or management purposes;
Products – all the systems and products developed and/or manufactured and/or sold by the Company, as well as any new line of products as a replacement, upgrade and/or improvement thereof (including but not limited to the Equipment, cables, antennas, SIM cards, software, etc.);
Monitoring System – an internet-based fleet management system developed by the Company, where the Client can obtain information on assets with installed Equipment;
Services – delivery, maintenance, provision of the Monitoring System’s services to the Client;
Subscription Fee – a yearly fee specified in the products section, payable to the Company as the remuneration for the usage of the Monitoring System by the Client. Subscription Fee is charged yearly and is calculated for each Equipment unit that is installed in the asset and connected to the Monitoring System;
Asset – an asset owned, possessed or held by the Client such as but not limited to cars, boats and bikes;
Ownership of Asset
The asset where the tracker will be installed must be owned by the same person that bought and registered it. If the client intends to install it in an asset that is not owned by the same person he/she must get written consent from the other person that they are allowed to install and monitor it. Track shall not be held liable or responsible if the client installed the tracker in someone else’s asset without written consent.
Unless stated otherwise the subscription period of each device is 1 year and it is included with the device. Subsequent years need to be purchased separately prior to the end of the previous yearly subscription. This can also be bought and paid online. All prices are in Euro and inclusive of 18% Vat. The subscription needs to be bought in advance before the subscription expires.
Rights and Obligations of track
Track will provide to the client all Services in accordance with the Agreement.
The Company shall not be held responsible for the non-operation of the Products and/or Monitoring System if it is caused by disruption in GPS or GPRS connectivity or by damage of the Vehicle or Equipment.
The Monitoring System shall include the data on each Vehicle with installed and activated Equipment. The services of the Monitoring System shall be provided by installing and activating the Equipment (with SIM card) in the asset. Data about each Vehicle shall be sent by the Equipment to the Monitoring System using the services provided by the mobile service operators.
The Company is entitled to process the data of the Customer. The Customer agrees and understands that it may be necessary for Company to collect, process and use its data to perform the Services under this Agreement. This may include the necessity to transfer data to third parties that are contracted with the Company to assist in meeting these obligations. In doing so, the Company will (i) protect and keep confidential such information, (ii) not use such information for reasons other those discussed above, and (iii) not sell, rent and distribute such information to any third party.
Should the client decide not to continue with the subscription in the future, all data pertaining to the customer shall be deleted. The client has the right to ask for the removal of personal data during the subscription period.
The Company shall not be held responsible for the losses resulting of misuse of the Equipment and/or Monitoring System.
The Company shall have the right for revision, changing, updating, upgrading of the Monitoring System and the website of the Company.
The Company shall have the right for not more than 24 h/month (twenty-four hours per month) for disconnection of the Monitoring System in order to perform the update or upgrade of the Monitoring System. The Company shall notify the customer at least 1 (one) day before the disconnection of the Monitoring System for upgrade or update operations. In urgent (critical) cases the Company may disconnect the Monitoring System without notifying the customer and without liability up to 6 (six) hours.
Rights and Obligations of the Customer
The Customer shall use the products with the terms of the Agreement. The Customer shall notify the Company about any unauthorised disconnection, theft, damage and/or defects of Products immediately after becoming aware of respective circumstances.
Alteration of Devices – The Customer shall not program or alter any of the Device. If any Device is stolen or Services used fraudulently, Customer must notify track immediately and provide track with such information and documentation as track may request (including, without limitation, police reports, and affidavits). The Customer is solely liable if the equipment gets stolen, and track cannot be held liable for any loss suffered by the Customer.
The Company warrants the Products against defects in materials and workmanship under normal use (the “Warranty”) for a period of twenty-four months (24) from the delivery date (the “Warranty Period”), on the condition that Products has been completely paid for. Unless as otherwise mandated by law, the Warranty Period does not restart if the Partner receives a replacement equipment. Thereafter, the Company will repair any defects in workmanship or materials at its then current labor, travel, and materials costs.
The Warranty does not apply: (a) to damage caused to the Products by accident, abuse, misuse, flood, fire, earthquake, improper installation or other external causes; (b) to damage caused by operating the Products outside the permitted or intended use described by the Company; (c) to damage caused to the Products by service (including upgrades and expansions) performed by anyone who is not a representative of or authorised by the Company; (d) to any Product that has been modified to alter functionality or capability without the written permission of the Company; (e) to cosmetic damage to the Products, including but not limited to scratches, dents and broken plastic on ports; (f) to damage caused by electrical disturbances or acts of God, to include but not limited to civil disturbance, war, flood, fire, rodents or insects and/or (g) where manufacturer’s serial numbers have been removed from the Product.
The Company does not warrant that the operation of Products will be uninterrupted or error-free. The Company is not liable for damage arising from failure to follow instructions relating to the use of Products.
This Warranty is voided immediately if repair, modification (to include upgrades, expansions or usage or addition of non-manufacturer parts or accessories), alteration or other service is attempted other than by an authorised person of the Company.
If the Company does not find any Warranty limitations stipulated in the terms and finds that the Product is not functioning due to the fault of the Company, then the Company shall at its discretion either repair or replace the Product.
Limitation of Liability
Except as provided in the warranty and to the extent permitted by law, the each Party is not liable to the other Party, its clients and customers, and/or any third party for any indirect, special, incidental or consequential damages resulting from any breach of the terms, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data or software programs; or any indirect or consequential loss or damage howsoever caused including the replacement of Products and property, any costs of recovering, programming, or reproducing any program or data stored or used with Products and Services.
If found to have breached this Agreement by the Customer, the Company is not liable to the Partner, its Clients and/or any third party.
The Customer acknowledges that the Company does not control the transfer of data over communications facilities, including the internet, and that the Services may be subject to limitations, delays and security issues inherent in the use of such communications facilities. The Company is not responsible for any delays, service level failures or data breaches caused by such service limitations including: corruption, piracy or malicious third-party attacks, which are beyond the reasonable control of the Company. The Customer expressly waives any claim against the Company for compensation, service credits, damages or loss of data arising from the service limitations and agrees their occurrence will not constitute a breach of the Agreement.
The Parties shall not be responsible for the default on their liabilities in case it is caused by force majeure circumstances that the respective Party could not reasonably anticipate, avert or influence and that it cannot be held responsible for, including, without limitation: natural disasters, military action, blockade, civil disorder, export import prohibition or restriction, strikes, any action by third parties or the regulatory acts binding for the Parties that prevent the Parties from discharging their liabilities under the Agreement. The Party referring to the force majeure shall within not later than 3 (three) working days notify in writing the other Party regarding the commencement of such circumstances.
These terms are subject to applicable Maltese laws.