Terms and Conditions for TTS-GPS Service provided by Total Tracking Solutions Inc.
These Terms & Conditions may be amended from time to time. Users of the service are
encouraged to get the most recent update as it may affect them.
USE OF SERVICE
“Customer” agrees not to use the “Service” for any unlawful manner. “Customer” is
responsible to ensure that the use of the “Service” complies with all applicable laws
within Customer’s jurisdiction. “Customer” may not resell; assign or distribute the
“Service”. In the event of any theft of the “Hardware” the “Customer” must notify Total
Tracking Solutions Inc. immediately. By logging into the “Website” “Customer” agrees
to the terms and conditions of the software license agreement. These terms and conditions
are prominently displayed beside the login. “Customer” may not modify the “Hardware”.
Total Tracking Solutions Inc. reserves the right to interrupt, restrict or terminate
“Service” in the event that the “Customer” has used this equipment in an unlawful
manner, modified hardware or not complied with the approved use of the “Service”. The
use of the “Service” for any type of medical, emergency, or life saving vehicle is
prohibited. In the event of “Service” interruption, restriction or termination “Customer”
will not be entitled to any form of refund or reimbursement.
DISCLAIMER FOR TRANSMISSIONS VIA AIRTIME SERVICES
“Customer” acknowledges and agrees that the electronic transmission of data or
information via the “Airtime” is subject to possible corruption, damage, loss,
interception, or no transmission while in transit. Accordingly “Customer” shall not hold
responsible Total Tracking Solutions Inc., its owners, employees, dealers, resellers or
agents for any losses or expenses of any kind arising from the corruption, damage, loss,
interception, or no transmission of any electronic transmissions of data or information via
the “Airtime”. “Customer” is not entitled to any type of compensation for service
interruptions. Total Tracking Solutions Inc. offers its “Service” on a best effort basis and
Total Tracking Solutions Inc. will make every reasonable effort to assist in restoring
“Service” immediately to a “Customer” who has notified Total Tracking Solutions Inc. of
any service interruption.
WARRANTY
Total Tracking Solutions Inc. warrants its “Hardware” to be free from defects for one (1)
year from the time of purchase. During this period Total Tracking Solutions Inc., in its
sole discretion, will repair or replace any “Hardware” that is found to be defective. This
warranty does not include any defects that arise from “Customer” misuse, modification,
or tampering. In the event that Total Tracking Solutions Inc. or its Agent is dispatched to
repair or replace “Hardware” that is not covered under warranty, “Customer” will be
billed a repair charge.
For all non-warranty items, repair services can be purchased at current rates.
RETURN POLICY
ALL SALES ARE FINAL AND THERE ARE NO RETURNS, REFUNDS OR
EXCHANGES.
PAYMENT
Unless otherwise arranged all payments shall be made in advance on a credit card that the
“Customer” shall provide. “Customer” shall be responsible to ensure that the credit card
provided is valid at the time of ordering for processing of any payments. “Customer”,
upon notification of a declined card shall be responsible to immediately provide an
alternative credit card or payment for goods and or services.
ORDERING
Customer may order goods and or services by placing an order via telephone, email, fax
or online.
CURRENCY
Unless otherwise indicated, all dollar amounts referred to in this “Contract” are in
CANADIAN funds.
COMMUNICATION
“Customer” may send any correspondence to: Total Tracking Solutions Inc., 219
Dundurn St. S., Hamilton, Ontario, Canada, L8P 4K6.
SOFTWARE LICENSE
“Customer” agrees to the following:
(a) The use of the Total Tracking Solutions Inc. Software, the Data and the
Documentation is provided to “Customer” for informational purposes only;
(b) Only a non-transferable and non-exclusive right to use Total Tracking Solutions Inc.
Software, the Data and the Documentation solely for “Customer” private or internal
business purposes is granted to “Customer”;
(c) No title to or rights of ownership in the Total Tracking Solutions Inc. Software, the
Data and the Documentation (or to any Intellectual Property Rights therein) are
transferred to “Customer”;
(d) “Customer” shall not reproduce, translate, modify or prepare derivative works of the
Total Tracking Solutions Inc. Software, the Data, the Documentation or the “Website”;
(e) “Customer” shall not reverse engineer, de-compile, disassemble or otherwise attempt
to discover the source code of all or any portion of the Total Tracking Solutions Inc.
Software, “Website” or the Data;
(f) “Customer” shall not remove or obscure any copyright or trademark notices or
restrictive legends on the Total Tracking Solutions Inc. Software, the Data or the
Documentation;
(g) Total Tracking Solutions Inc.’s total cumulative liability arising in any manner under
or in connection with any End User License Agreement shall not exceed the fees paid by
“Customer” within the three (3) month period preceding the claim for damages.
(h) Customer shall not distribute, market, sell, rent, lease or otherwise transfer the
“Website” or “Documentation” (or any portions thereof) to any third party;
(I) Customer shall not sell, rent or lease access to or use of the “Website” or
“Documentation” (or any portions thereof) to any third party;
(j) Customer shall not permit others to use, market, distribute or export the “Website” or
“Documentation” in violation of any applicable laws or regulations.
FORCE MAJEURE
Each party shall be excused from performance under this “Agreement” for any period of
time and to the extent that it is prevented from performing any of its obligations under
this “Agreement”, in whole or in part, as a result of delays caused by the other party or by
an act of God, natural disaster, power interruption, acts of the government of the United
States or Canada or of any State or Province or governmental agency or official thereof,
court order, third party non performance, or other cause, events or circumstances beyond
its reasonable control (a “Force Majeure Event”). Such non performance will not be a
default under this “Agreement” or grounds for termination of this “Agreement” so long
as the excused party makes reasonable efforts to remedy the cause for such non
performance.
GOVERNING LAW AND JURISDICTION
This Agreement, and the rights and obligations of the parties, shall be governed by,
subject to and interpreted in accordance with the laws of the Province of Ontario and the
laws of Canada applicable therein, without regard to conflict of laws provisions thereof.
The parties specifically exclude the application of the United Nations Convention on the
International Sale of Goods. The parties hereby irrevocably consent to the non-exclusive
jurisdiction of the court of competent jurisdiction in the Province of Ontario.
SEVERABILITY
It is the intention of the parties that, if any provision of this “Agreement” shall be held
invalid or unenforceable in any respect, such provision shall be enforced to the maximum
extent permitted by law, and that the remaining provisions of this “Agreement” shall
continue in full force and effect.
Entire Agreement: This agreement constitutes the entire agreement between the parties
and no changes can be made, save in writing and signed by both parties. The parties agree
that there are no other conditions agreed to, representations made or warranties given in
connection with the making of this agreement or pertaining to the goods or services
provided by the Company hereunder, expressed or implied. NO PERSON OTHER
THAN A DULY AUTHORIZED SIGNING OFFICER OF THE COMPANY AND IN
PARTICULAR NO SALES REPRESENTATIVE OR CONSULTANT HAS ANY
AUTHORITY TO AMEND, WAIVE, SUSPEND OR IN ANY WAY ALTER ANY OF
THE PRINTED TERMS OR CONDITIONS HEREIN CONTAINED OR TO MAKE
ANY PROMISE, REPRESENTATION, CONDITION OR WARRANTY NOT
PROVIDED HEREIN. THE TERMS AND CONDITIONS HEREIN PRINTED SHALL
PREVAIL OVER ANY INCONSISTENT OR ADDITIONAL TERMS OR
CONDITIONS IN ANY PURCHASE ORDER OR OTHER LETTER OR DOCUMENT
SUBMITTED BY THE CUSTOMER HEREWITH. Interest: The Customer shall pay
interest on all amounts due to the Company at the annual rate of 18% calculated daily and
compounded annually from the date such amounts become due to the date of payment.
Liability: If more than one person signs this agreement as a Customer then the rights,
obligations and responsibilities of all such persons hereunder shall be joint and several.
Costs: The Customer agrees to pay all costs incurred by the Company (including lawyer’s
fees on a solicitor and client scale) for collection of any amount owed by the Customer to
the Company or for repossession of any equipment or for remedy of any breach of this
agreement or any attempt to do so. Agreement Read in Context: Personal pronouns shall
be deemed to include the singular, plural, masculine, feminine and neuter as the context
requires in each case, and when applied in the plural, shall apply to such parties jointly
and severally. Headings or marginal notes form no part of this agreement and are inserted
for convenience of reference only.
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