TrackEnsure Terms of Use
Legal Information & Notices
These Terms of Use apply to the TrackEnsure located at https://trackensure.com/, and all associated TrackEnsure links to https://trackensure.com/ (collectively, the «TrackEnsure»). The TrackEnsure is the property of TrackEnsure LLC («TrackEnsure»).
BY USING THE TRACKENSURE , YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE TRACKENSURE .
BY USING THIS INFORMATION, YOU ARE REPRESENTING AND WARRANTING THAT APPLICABLE LAWS AND REGULATIONS OF YOUR JURISDICTION ALLOW YOU TO ACCESS THE INFORMATION AND YOU CONFIRM THAT YOU ACCEPT THE TERMS OF USE.
When you use TrackEnsure (the «Site»), when you sign up for and use our services, when you purchase a GPS or an ELD piece of equipment, when you use TrackEnsure through our mobile and browser-based apps, and all related sites, widgets, tools, apps, data, software, APIs and other services provided by TrackEnsure (the «Services»), you agree to the terms of this Privacy Policy.
- BASIC CONCEPTS (TERMS)
Personal Data Subject – this is an individual to whom personal data relate and who can be identified by this personal data, or who is already identified as:
Customers – employer or another entity who uses the Services for their employees or other entities («Customer») they represent; the Customer warrants that (a) they have the legal authority to bind the applicable entity to these Terms and are 18 years or older, and (b) that they agree, on behalf of the entity they represent, to these Terms.
Users – an individual whose Customer and Administrator have the ability to access, disclose, restrict, and remove information in or from an End User account, with the Administrator’s ability to monitor, restrict, or terminate access to an End User account.
Installation means the installation and set-up of a Transmission Unit in the Customer’s Asset and Installs has a corresponding meaning.
Tracking Pack means the Products, Subscriptions to the Tracking Service inclusively (or any part of the Tracking Pack in isolation), and any enhancements and modifications to the same.
Order Form means the Customer Purchase Order Form which TrackEnsure provides to the Customer and the one that the Customer completes and accepts to purchase Products and a Subscription to the Tracking Service in accordance with the Terms of Use;
Warranty Period – means 12 months from the time of delivery of the sold Tracking Pack.
2. AGREEMENT TO TERMS OF USE
Your continued use of the TrackEnsure following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TrackEnsure grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the TrackEnsure.
TrackEnsure reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.
It is your responsibility to check these Terms of Use periodically for changes.
3. EQUIPMENT
You shall be responsible for obtaining and maintaining equipment needed for access and use of the TrackEnsure services, such as:
Providing ELD/HOS solution, compliant with FMCSA regulations eCFR Title 49, part 395.
Downloading Apps including the mobile device software available via the Apple, LLC («Apple») App Store (each an «Apple Store App»), and «Play Market» to allow the Customer to monitor the location and other data relating to the Asset, to the extent that such Asset is located in the Territory, including by facilitating the transmission of Location Data and Asset Data between the Platform and the Transmission Units via a Transmission Service;
GPS, RFID, IR equipment;
Providing IR equipment for maintaining precise information on hooking transports together from individual trucks and trailers;
Providing GPS equipment for tracking the location of fleet assets;
Providing cargo sensors, door sensors, temperature sensors;
Providing RFID tags and readers for warehouse management;
4. START OF THE AGREEMENT
Legal and beneficial ownership, intellectual property rights of the Tracking Pack will remain with TrackEnsure.
The Customer should submit an application for the Tracking Packs via the Order Form on the TrackEnsure. The application must be considered as an offer by the Customer to purchase the Service.
The Agreement, or the amendment thereof, is established electronically at the moment when a TrackEnsure representative sends the confirmation (or verbal confirmation and clarification approval by a TrackEnsure representative) to the Customer that the request has been accepted. A TrackEnsure representative has the right not to accept an application without stating reasons.
The Customer should complete the application form completely and truthfully and promises that they will immediately provide Track Assistant with changes to these data.
CUSTOMER MUST PURCHASE TRACKING PACK WITH SERVICES AS FURTHER DESCRIBED IN AN ORDER FORM AND CANNOT BE SOLD SEPARATELY FROM EACH OTHER. PRODUCTS MUST ONLY BE USED IN CONJUNCTION WITH THE TRACKING SERVICE AND FOR NO OTHER PURPOSE.
5. INVOICING OF SERVICES