If you are a new TrackEnsure subscriber on or after August 21, 2017, or if
you use the Site on and after this date, this Privacy Policy applies to
you.
We have updated our Privacy Policy to make it more modern and easy to
understand, and to bring TrackEnsure, TrackEnsure
POD/PAPS/PARS/BOL/Equipment, TrackEnsure ELD, TrackEnsure AOBRD, TrackEnsure
Fuel, TrackEnsure Fleet, TrackEnsure CVP customers under a single uniform
privacy policy. This update is primarily meant to bring our customers under
one privacy policy, regardless of the TrackEnsure services you use.
In addition, we have modernized our disclosure policy by outlining our
use of social media, mobile, and online analytics information.
We also describe in more detail how we collect and receive personal
information from third parties.
Your privacy is important to TrackEnsure Inc. (referred to as "TrackEnsure",
"we" or "us" in this Privacy Policy).
This Privacy Policy explains how we collect, receive, store, use, and
disclose your personal information.
When you use trackensure.com (the "Site"), when you sign up for and use our
Fleet Management services, when you purchase a GPS or an ELD piece of
equipment, when you use TrackEnsure via 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.
BY USING THE TRACKENSURE, YOU AGREE TO THIS PRIVACY POLICY 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 PRIVACY POLICY.
The following is a summary of how we collect, use, and share personal information. For a full description of our practices relating to personal information please read this Policy in its entirety.
We use Google products including Google Analytics. We use these products to understand how the website is being used in order to improve the Visitor experience. User data is totally anonymous. For an overview of privacy policies, click on them:
How to Opt-out from using your information by Google? Anyone has the ability to prevent their data from being used by Google Analytics. In order to perform it, please click here.
We collect information when you:
There are different types of account, and you can register as a:
When you sign up to subscribe to our Services, sign up for trials of our Services, contact us for support or information, order items from the store on our Site, sign up for a newsletter or other marketing communications, or sign up for a contest or promotion, we may collect:
You may also give us personal information when you use the interactive portions of our Site and
Services.
Note that any information you post on interactive Sites and Services are often public and can be
seen by others.
Finally, we may also collect the information you give us when we interact
with you on social services such as Facebook, Google+, and Twitter.
Location information: TrackEnsure mobile will determine your location
for the purposes of providing services.
We give you access to a broad range of information about your account and
your interactions with us in the "My Account" portion of the Site. You may
also have access to the foregoing by contacting customer care by phone or
email.
You are responsible for updating and maintaining the truth and accuracy of
the personal information you provide to us.
We share information with:
We share your information with service providers that assist us in delivering our Services. These
third parties have access to your personal information only to the extent necessary to perform the
functions they carry out on our behalf, are not permitted to use it for other purposes, and are
bound
to keep the information strictly confidential.
It is not considered a violation by our company to provide information to agents and third parties
acting on the basis of an agreement with us, in order to fulfill our obligations to you and only
within the framework of agreements. For example, we can hire other companies to process
payments, provide data storage, to assist in marketing, to conduct audits.
Third-party suppliers undertake to protect personal data to the same extent as we do. Third-party
suppliers are also prohibited from using your personal data for any other purpose.
We may share your information with third parties with whom we have contracted, affiliates, and
business partners. We will require the recipients to use your personal information only for
appropriate purposes and take appropriate measures to protect your personal information.
We also may disclose your information when permitted or required to by law, to enforce
our Customer Agreement
and our legal relationships with third parties, and to detect, prevent, or otherwise address fraud,
security, or technical issues.
Except as described in this Privacy Policy, we will not provide your information to any third
parties
without your consent, unless we honestly believe that we are required or allowed to do so in
accordance with applicable law.
In the event that we sell or transfer all or a portion of our business or assets to a third party,
such
as in the event of a corporate sale, merger, reorganization, dissolution or similar event, we may
transfer information that we have collected to such third party. We will require such a third party
to continue to comply with this Privacy Policy.
We may disclose the information if we believe it is necessary:
Personal information may be stored in Canada or with our affiliates and service providers in
foreign countries, including in the United States, where it will be subject to the legal regimes of
those jurisdictions.
To help protect the confidentiality of personal information, we use administrative and
technological safeguards appropriate to the sensitivity of the personal information being protected.
For instance, we operate secure data networks protected by industry-standard firewall and
password protection systems. Personal information is stored in secured locations and on services
located either at our offices or at the facilities of our data storage providers and technology
service
providers.
We protect the security of the information you provide to make purchases and to activate
subscriptions online by using Secure Sockets Layer software, which encrypts the transmission of
such information to our Services.
TrackEnsure reserves the right to modify or supplement this Privacy Policy
statement at any time. If we make any material change to this Privacy
Policy, we will update this Site to include such changes and post a notice
on our home page with a link to the updated Privacy Policy. Please read any
such notice and the new Privacy Policy statement. Your continued use of this
Site and the Services after we post such notice will constitute your
acceptance of the new terms.
Information disclosed for such use, including information previously furnished to us, will be
treated as if any changes to this Privacy Policy formed the initial terms. However, we will seek
your consent if we want to use your personal information for purposes other than those you have
agreed to previously.
The following guidelines supplement our general Privacy Policy and follow the rules set by the
U.S. Children's Online Privacy Protection Act (COPPA) and other applicable laws.
When we use the term "child" or "children" below we mean an individual under 13 years of age
or the appropriate age for services directed toward children as defined under applicable laws in
other jurisdictions or an individual under 16 years of age in countries subject to the EU General
Data Protection Regulation ("GDPR") where the collection, use or disclosure of personal
information about such an individual is restricted by applicable law. When we use the term
"parent" below, we mean to include legal guardians.
If you are a parent and you find out that your child has provided us with
personal information without your consent, you can delete your child's
account by selecting the appropriate option in your child's TrackEnsure
Settings or by notifying us. If we find out that we have collected any
personal information from children under the appropriate age, we will
immediately take steps to remove such information and cancel the child’s
account.
We may terminate your right to access and use the services offered on the TrackEnsure Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease.
THE WEBSITE, CONTENT, AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TRACKENSURE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
We make no representations or warranties with respect to any TrackEnsure
published on the Website.
We disclaim all liability for the content of TrackEnsure. Our non-liability
applies, without limitation, to any TrackEnsure, including TrackEnsure which
has been edited by us. We are not liable for any links to third party
websites in the TrackEnsure, including for the content of the page to which
the TrackEnsure links.
We disclaim all liability for the content of the Website. The use of our services is in any respect
the sole responsibility of the Registered Users. We cannot be held liable for the availability of
the
Website.
IN NO EVENT SHALL TRACKENSURE (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER ARISING FROM OR RELATED TO THIS AGREEMENT, THE TRACKENSURE SERVICE OR ANY OF THE WEBSITES OPERATED BY TRACKENSURE OR ITS PARENT COMPANY REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR (i) ANY LOSS OF PROFITS, CONTRACTS, REVENUE, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF A THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE IS DIRECT, INDIRECT OR CONSEQUENTIAL); (ii) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL); (iii) ANY MATTER BEYOND ITS REASONABLE CONTROL; (iv) ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER; OR (v) DAMAGES, EVEN IF TRACKENSURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE TRACKENSURE SERVICE, RELATED SERVICES, FEATURES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
TRACKENSURE IS NOT LIABLE FOR THE GENERAL AVAILABILITY, APPLICABILITY, OR YOUR USE OF THE TRACKENSURE SERVICE, OR ANY DATA RELATED TO YOUR USE OF NON-TRACKENSURE APPLICATIONS OR ANY BUSINESS DECISIONS OR THE RESULT OF SUCH DECISIONS MADE BY CUSTOMER USING REVIEW INSIGHTS, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THE AGREEMENT, THE TRACKENSURE SERVICE OR ANY OF THE WEBSITES OPERATED BY TRACKENSURE.
For the purpose of this Privacy Policy, we are a Data Controller of your personal information.
TrackEnsure is a provincially regulated entity in Ontario, Canada.
You and TrackEnsure agree that any dispute, claim, or controversy between
you and TrackEnsure arising in connection with or relating in any way to
these Agreements or to your relationship with TrackEnsure as a user of the
Service (whether based in contract, tort, statute, fraud, misrepresentation,
or any other legal theory, and whether the claims arise during or after the
termination of the Agreements) will be determined by mandatory binding
individual arbitration.
The arbitrator must follow this agreement and can award the same damages and relief as a court
(including attorney fees), except that the arbitrator may not award declaratory or injunctive relief
benefiting anyone but the parties to the arbitration. This arbitration provision will survive the
termination of the Agreements.
Time for filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR
after the date the party asserting the claim first knows or reasonably should know of the act,
omission, or default giving rise to the claim; and there shall be no right to any remedy for any
claim not asserted within that period. If applicable law prohibits a one-year limitation period for
asserting claims, any claim must be asserted within the shortest time permitted by applicable law.
If you wish to contact our Privacy Officer, you can do one of the following:
If you wish to contact our Privacy Officer, you can do one of the following:
by Email [email protected]
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.
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.
2.1 TrackEnsure reserves the right, at its
sole discretion, to
change, modify, add or remove
portions of these Terms of Use at any time.
2.2 It is your responsibility to check these Terms of Use
periodically for changes.
2.3 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.
You shall be responsible for obtaining and maintaining equipment needed for access and use of
the TrackEnsure services, such as:
3.1. 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;
3.2. GPS, RFID, IR equipment;
3.3. Providing IR equipment for maintaining precise information on hooking transports
together from individual trucks and trailers;
3.4. Providing GPS equipment for tracking the location of fleet assets;
3.5. Providing cargo sensors, door sensors, temperature sensors;
3.6. Providing RFID tags and readers for warehouse management;
3.7. Providing ELD/HOS solution, compliant with FMCSA regulations eCFR Title 49, part
395.
4.1. 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.
4.2. 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.
4.3. The Customer should complete the application form completely and truthfully and
promises that they will immediately provide Track Assistant with changes to these data.
4.4. 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.
4.5. Legal and beneficial ownership, intellectual property rights of the Tracking Pack will
remain with TrackEnsure.
5.1. Upon agreement, the cost and scope of Services shall be governed after individual
communication by a TrackEnsure representative with Customer and must be paid
within 10 days
from the date of invoicing or/and order approval.
5.2. The rates consist of monthly (Single-subscription) amounts.
5.3. All payments are due in U.S. dollars unless otherwise indicated on the electronic invoice.
5.4. This invoice is sent to the e-mail address that the Customer has specified on the order form
on the TrackEnsure.
5.5. The services are paid off after the payment from you is credited to
the TrackEnsure account.
5.6. If you are making a payment, you agree to provide us with valid payment information.
5.7. Please note, that if the currency of the payment differs from the currency of your savings
on your bank account, the money will have to be converted in currency. Therefore, before you
proceed with the payment, please check the current real exchange rate with your bank.
5.8. For your convenience, we give you the opportunity to make transactions using a number
of different sources of financing, such as credit and debit cards, and other payment methods.
5.9. Please note that we use the services of third-party payment service https://stripe.com/.
The
methods of payment used by us may vary depending on your country and may be changed by us
at any time at our sole discretion.
5.10. Before making a payment, carefully study the details of the transaction, since the total cost
may include commissions, taxes, fees, and other mandatory payments established by third parties.
5.11. When making a payment, you give us (and our special payment systems) permission to
debit the full amount from the payment data that you specify for the operation. You also give us
permission to collect and store payment data along with other transaction information. In addition,
we can use certain services for updating payment card details, the availability of which depends
on the issuer, so that the information on payment data stored with us is always up to date.
5.12. If you pay by credit or debit card, we can obtain the funds from the card issuer prior to the
approval of payment in the full value amount. Funds will be debited from your card at the time of
payment initiation or shortly after it. If you cancel the operation before it is completed, the
transaction amount may not be returned to you immediately due to the need to obtain the approval
mentioned above.
5.13. If the debit operation leads to an overdraft or the collection of other bank charges from
you, you are solely responsible for the specified obligations to the bank.
5.14. When you use any form of payment, you represent and warrant to TrackEnsure
that:
5.15. You are the legal owner of this payment method and have the right to use it;
5.16. The payment method you use is valid.
5.17. The use of such a payment method and the initiation of payments in
the TrackEnsure are
carried out in accordance with the law applicable to you.
TrackEnsure reserves the right to change prices and/or performance criteria on
the following basis: a
new price list is announced by email or push notifications sent to the Customer account at least
one month prior to its expiry date.
5.18. The Customer has the right to terminate their contract with TrackEnsure on
the date when the
new price list enters into force with the limitations of the refund conditions specified in the
Terms
of Use. However, by continuing to use TrackEnsure Services, the Customer accepts
the changed
conditions.
5.19. The agreement can be terminated electronically by the Customer each month three (3) days
before the end of the current period via account TrackEnsure with no refund to
the Customer. The
next month no subscription costs are due.
5.20. TrackEnsure refunds money only if we have received a notice from the
Customer of the early
termination 15 days before the next monthly payment. TrackEnsure will refund to
the Customer
within 90 days a pro-rata amount for unused Services.
5.21. Measures we can take:
We may deny you the right to make payments in the TrackEnsure at any time at our
discretion.
5.22. We may cancel any transaction if it seems to us that it violates our Privacy policy or such
cancellation can prevent financial losses.
5.23. In order to avoid financial losses that you or we may suffer, we have the right to postpone
the payment for some time, restrict the possibility of using payment data for a transaction, or the
possibility of making a payment or deactivate your account.
5.24. In order to avoid financial losses that you or we may suffer, we have the right to contact
the issuer or the source of your payment data, law enforcement agencies or interested third parties
(including other users), and exchange information with them about any payments related to you,
if we proceed from the assumption that this will prevent financial loss or violation of the law.
5.25. We reserve the right to terminate or suspend your use of the paid services of
the TrackEnsure
at any time and for any reason without any obligations.
5.26. Fee for unpaid Monthly ELD service and other Service:
5.26.1. A Customer should always provide our Accounting Department with information
regarding the payment method change on time.
5.26.2. In case the card was changed and a Customer did not inform the accounting department of
TrackEnsure, all future debt will be with Fee of 10% of all debt amounts.
5.26.3. If Customer's fees are past due (including any fees owing to any third party equipment
financing company), TrackEnsure may suspend the Services automatically and
provide notice of
termination for material breach.
6.1. All Tracking Pack will be shipped in a commercially reasonable manner to the "ship to"
address designated in Customer's Order Form by delivery service
https://www.ups.com/ca/en/Home.page, or in case of
mutual agreement by another delivery
service.
6.2. An order for Tracking Packs may not be canceled without prior approval
by TrackEnsure.
6.3. With respect to Purchased Tracking Pack, (except with respect to the Software installed on
the Purchased Tracking Pack) will pass to Customer upon TrackEnsure's delivery
to the carrier.
6.4. The customer is responsible for all freight, insurance, and other shipping-related expenses,
including, but not limited to, taxes and duties.
6.5. TrackEnsure will not be liable for any loss or damage for failure or delay
in delivery of
Tracking Packs (including consequential loss or liability for any amount payable by you to a third
party).
6.6. Risk of damage
6.7. or loss of the Tracking Pack, including any SIM cards, passes to the Customer upon
delivery of the Tracking Pack to the Customer.
6.8. Installation.
The customer is solely responsible for installing the Tracking Pack in accordance
with TrackEnsure's
written instructions and Documentation. The customer agrees that TrackEnsure is
not liable for any
cost, expense, or damages arising from the installation of the Tracking Pack.
6.9. The Tracking Pack connects to the battery of a vehicle and consumes a small drain on the
vehicle's battery, which may adversely affect the vehicle while not in
operation. TrackEnsure is not
liable for any consequences of the battery drain associated with the use of the Tracking Pack or
the Services.
6.10. Compatibility.
The customer is solely responsible for determining whether or not the Services and Tracking Pack
are compatible with any vehicles utilizing the Services and Tracking Pack. The customer agrees
that TrackEnsure is not responsible for any cost, expense, or damage arising
from compatibility
issues.
6.11. If the Tracking Pack takes back within 14 days, a fee of 20% of the cost for the Tracking
Pack will be charged. Also, The Customer pays the cost of the delivery of the Tracking Pack.
7.1. IF YOU DON'T FOLLOW THESE INSTRUCTIONS, YOU MIGHT BREAK THE
DEVICE.
7.2. Cable Insertion and Removal Instructions for Pacific Track PT30 ELD Device. When
inserting & removing the cable, please follow these important instructions:
7.3. The 10-pin Molex connector uses a "latch & catch" locking system. The latch is on the
cable connector, and the catch is on the device connector. The latch and catch are situated on the
bottom of the device, so you need to flip the device upside down to see the latch.
7.4. Make sure to align the pins when you insert the connector carefully.
7.5. When you are inserting and removing the cable, do not rock, bend, or torque the connector
in a left/right or up/down direction. Doing so may permanently damage the plastic and/or terminals
on the device connector. It is very important that the connector is inserted and removed in a level
and straight orientation.
7.6. Make sure to push down the backside of the latch before pulling the cable out from the
device. The latch works on a rocking principle - pushing down one end lifts the other end.
8.1. Monthly/Yearly ELD Service is for using TrackEnsure ELD application. This
is a payment,
not for a truck or device. Payment deducted for a user of the application.
8.2. The software can not be refunded.
8.3. At the time of connection PT30 device to the truck, customers should have the ELD
Subscription.
8.4. Actual Monthly Subscription plans and prices the Customer can find at the official website:
https://trackensure.com/
.
8.5. Cancellation Prior to Automatic Renewal:
If the Customer wishes to cancel before automatic renewal, the Customer must contact
the TrackEnsure Sales/Accounting Department at [email protected].
All fees paid are non-refundable.
We are in touch with you 7 days per week
Mon-Fri:
1 am-10 pm (EST)
Sat-Sun:
1 am-4.00 pm (EST)
9.1 In addition, the Customer must comply with all applicable laws, regulations, and codes of
practice when engaging in the foregoing practices.
9.2 The Customer acknowledges that:
9.2.1 The Customer relies upon its own knowledge, skill, and judgment in relation to the
particular use or suitability of the Tracking Pack for the Customer's purpose;
9.2.2 We will accept no liability for any damages or losses arising from a consequence of any
act, default or negligence on the part of TrackEnsure or of an employee, agent
or contractor of TrackEnsure;
THE CUSTOMER REPRESENTS AND WARRANTS TO US THAT:
10.1 TrackEnsure warrants to Customer that any Tracking Pack shall be free of
defects in materials
and performance, for the duration of the applicable Warranty Period (as defined in Section 1).
10.2 If the Tracking Pack fails to conform to this Limited Tracking Pack Warranty during the
Warranty Period, TrackEnsure will, at its discretion repair or replace any
defective Tracking Pack or
component or (ii) if the Tracking Pack is no longer available and repair is not possible, refund the
purchase price less reasonable depreciation based on actual use.
10.3 How to Make a Claim
In order to make a claim under this Limited Tracking Pack Warranty, the Customer must report
any defect to TrackEnsure by email at the Website. The subsequent procedure will
be mutually
determined by the parties.
10.4 This Limited Tracking Pack Warranty is null and void in the event that Tracking Pack has
been:
10.4.1 altered or modified (physical damage);
10.4.2 used in a way that does not substantially conform with instruction manuals, user guides,
and other information provided by TrackEnsure, posted to its website or outlined
in the Terms of
Service;
10.4.3 tampered with, abused, improperly maintained, or otherwise damaged in a way outside of
TrackEnsure's control;
10.4.4 installed or uninstalled without following TrackEnsure's written
instructions;
10.4.5 used with the Services, not in the ordinary course of Customer's business operations,
10.4.6 connected to an improper voltage supply;
10.4.7 used with accessories and/or devices which are not expressly approved
by TrackEnsure;
10.4.8 used with incorrect or unauthorized Cables;
10.4.9 cosmetic damage, including but not limited to scratches, dents and broken plastic on ports;
10.4.10 damage caused by acts of God, to include but not limited to civil disturbance, war,
flood, fire, rodents or insects;
10.4.11 damage caused during delivery.
11.1 TrackEnsure grants you the non-exclusive, non-transferable, revocable,
limited right to access
and use the TrackEnsure.
11.2 You are solely responsible for activities that take place on your account and you must keep
your account password secure.
11.3 You must immediately notify TrackEnsure about any security breach or
unauthorized use of
your account.
11.4 TrackEnsure is not responsible for any damages caused by unauthorized use
of your account.
11.5 We are entitled at any time, without notice and without prejudice, to delete, suspend, or
change your account in the event of your violation or suspected violation of these Terms or
applicable law.
11.6 When we delete your account, you will no longer have access to TrackEnsure
which requires
your registration and/or login as a Registered Customer. Also, we reserve the right to delete the
Customer content (information).
11.7 Our disclaimer applies without limitations.
Our Services may incorporate certain Google Maps features and content; and your use of Google Maps features and content is subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
The following is not permitted for any reason whatsoever:
Access to certain areas of our website is restricted.
We reserve the right to restrict access to other areas of our website, or indeed our whole website,
at our discretion.
We may disable your user ID in our sole discretion without notice or explanation.
WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE TrackEnsure , EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING:
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION, WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE TrackEnsure SERVICE, RELATED SERVICES, FEATURES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS OR USE OF THE SERVICE.
YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF OR RELATED TO THE USE OF OUR WEBSITE, OR SERVICES, OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT.
THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS SET FORTH IN THESE TERMS TrackEnsure AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS (A) MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE TrackEnsure SERVICES AND ANY OUTPUT FROM THE TrackEnsure SERVICES, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND NON-INFRINGEMENT, (II) ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR (III) THAT THE TrackEnsure SERVICES OR ANY TrackEnsure OUTPUT ARE SECURE, ERROR-FREE OR UNINTERRUPTED.
THE TrackEnsure SERVICES AND TrackEnsure OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TrackEnsure MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, TIMELINESS, OR TRUTHFULNESS OF ANY TrackEnsure OUTPUT. CUSTOMER IS SOLELY RESPONSIBLE FOR (AND TrackEnsure DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RELATING TO OR ARISING FROM CUSTOMER'S INSTALLATION OF THE TRACKING PACK, CUSTOMER'S OR END USER'S USE OF THE TrackEnsure SERVICES OR TRACKING PACK, CUSTOMER'S VEHICLES, AND INTERNET CONNECTIVITY.
This is the disclaimer of our legal liability for the quality, reliability, or safety of our Services and Tracking Pack.
18.2. CUSTOMER AND END USER(S) ACKNOWLEDGE AND AGREE THAT THE TrackEnsureSERVICES ARE A DRIVER AID ONLY. THEY ARE NOT A SUBSTITUTE FOR A SAFE, CONSCIENTIOUS DRIVER. THEY CANNOT COMPENSATE FOR A DRIVER THAT IS DISTRACTED, INATTENTIVE OR IMPAIRED BY FATIGUE, DRUGS, ALCOHOL, OR OTHERWISE. THE DRIVER IS RESPONSIBLE TO AVOID AN ACCIDENT. CUSTOMER'S DRIVERS AND END-USERS SHOULD NEVER WAIT FOR ANY OF THE TrackEnsure SERVICES TO PROVIDE A WARNING BEFORE TAKING MEASURES TO AVOID AN ACCIDENT OR ANY VIOLATIONS.
FAILURE OF A DRIVER TO TAKE FULL RESPONSIBILITY FOR THE OPERATION OF A VEHICLE AT ALL TIMES CAN RESULT IN SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE.
18.3. CUSTOMER AND END USER(S) ACKNOWLEDGE THAT USE OF THE SOFTWARE (OTHER THAN SOFTWARE EMBEDDED IN TRACKING PACK), INCLUDING THE APPS, WHILE DRIVING IS STRICTLY FORBIDDEN. DISTRACTED DRIVING IS DANGEROUS AND ILLEGAL IN MANY JURISDICTIONS.
TrackEnsure is not liable or responsible for any failure to perform, or delay in performance of any of TrackEnsure obligations under this Terms of Use that is caused by events outside TrackEnsure reasonable control ("Force Majeure Event"), in particular (without limitation):
We may terminate your right to access and use the services offered on the TrackEnsure Website at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease.
Access and use of some features made available by TrackEnsure may require authorizations of additional terms and conditions as a Customer. If you use any such services, the additional terms and conditions will be made available and will become an integrated part of this Terms of Use. In the event of a conflict between the additional terms and conditions and this Terms of Use, the additional terms and conditions shall prevail to the extent of the conflict as it applies to those services.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND TrackEnsure AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF.
You and TrackEnsure agree that any dispute, claim, or controversy between you
and TrackEnsure arising
in connection with or relating in any way to these Terms of Use or to your relationship
with TrackEnsure as a user of the Service (whether based in contract, tort,
statute, fraud, misrepresentation, or
any other legal theory, and whether the claims arise during or after the termination of the Terms
of Use) will be determined by mandatory binding individual arbitration.
The arbitrator must follow these Terms of Use. This arbitration provision will survive termination
of the Terms of Use.
We have no control over the Contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
TrackEnsure is a provincially regulated entity in Ontario, Canada.
You and TrackEnsure agree that any dispute, claim, or controversy between you
and TrackEnsure arising
in connection with or relating in any way to these Agreements or to your relationship
with TrackEnsure as a user of the Service (whether based in contract, tort,
statute, fraud, misrepresentation, or
any other legal theory, and whether the claims arise during or after the termination of the
Agreements) will be determined by mandatory binding individual arbitration.
The arbitrator must follow this agreement and can award the same damages and relief as a court
(including attorney fees), except that the arbitrator may not award declaratory or injunctive relief
benefiting anyone but the parties to the arbitration. This arbitration provision will survive the
termination of the Agreements.
Time for filing.
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR
after the date the party asserting the claim first knows or reasonably should know of the act,
omission, or default giving rise to the claim; and there shall be no right to any remedy for any
claim not asserted within that time period. If applicable law prohibits a one-year limitation period
for asserting claims, any claim must be asserted within the shortest time period permitted by
applicable law.
The information contained in this TrackEnsure is subject to change without
notice.
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