QTRAK End User License Agreement

Payment :- Direct Debit to – Qvis Monitoring Limited  QTRAK End User License Agreement
  1. What the Contract Covers – this is a contract between you and Qvis Monitoring Lt T/A Qtrak referenced in section
  2. Sometimes Qvis Monitoring Ltd T/A Qtrak is referred to as “we,” “us” or “our”. This contract applies to any Qtrak software, product or service, including updates that you use while this contract is in force. All of the software, products or services are referred to in this contract as the “service.”
    This contract (“Agreement”) includes wireless radio telecommunications services and related services and/or features between you and Qvis Monitoring Ltd T/A Qtrak, which is licensed to provide Service in the area associated with your assigned tracking Product, data and/or messaging wireless subscription(s) (“SIM card”). The term “Product” means wireless receiving and transmitting equipment that we have authorised to be programmed with the SIM card and any accessories. IF YOU USE THE SERVICE OR THE PRODUCT, YOU CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE OR PRODUCT AND NOTIFY US IMMEDIATELY TO CANCEL SERVICE.
    Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 15 and 16 and we ask you to read them carefully.
  3. When You May Use the Service. You may start using the service as soon as you have finished the sign-up process and accepted this End User License Agreement.
  4. How You May Use the Service. In using the service, you will:
  5. obey the law;
  6. b. obey any codes of conduct or other notices we provide;
  7. c. keep your service account password secret; and
  8. d. promptly notify us if you learn of a security breach related to the service.
  1. How You May Not Use the Service. In using the service, you may not:
  2. use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the
“Qvis Monitoring Ltd T/A Qtrak parties”), or any customer of a Qvis Monitoring Ltd T/A Qtrak party;
  1. b.     use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
  2. c.     use any unauthorised third party software or service to access the Qvis Monitoring Ltd T/A Qtrak tracking network (currently known as the Qtrak service);
  3. d.     use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Qvis Monitoring Ltd T/A Qtrak, or “meta-searching”);
  4. e.     use any unauthorised means to modify or reroute, or attempt to modify or reroute, the service;
  5. damage, disable, overburden, or impair the service (or the network(s) connected to the
service) or interfere with anyone’s use and enjoyment of the service; or g.     resell or redistribute the service, or any part of the service.
  1. You Are Responsible For Your Service Account. Only you may use your service account. For some parts of the service, we may notify you that you may set up additional products that are dependent on your account. You are responsible for all activity that takes place with your service account or a product. You may not authorise any third party to access and/or use the service on your behalf.
Any person able to provide your name, address and your Service Login (or for business customers other information we deem sufficient), is authorised by you to receive information about and make changes to your account, including adding new Products. You consent to disclosure of any information about you to any person as permitted by law for a Tracking Product programmed with your SIM card if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
  1. If You Are a Member Account User. If you are the user of an associated account, then the holder of the service account has full control over your associated account. This control includes the right to end the service, close or alter yo ur member account at any time, and, in some cases, to request and receive product and service use information related to your member account.
  1. Payments to Qvis Monitoring Ltd T/A Qtrak.
7.1           Charges. This section 7 applies in all situations in which you directly pay us. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission. 7.2           Payment. When you create a billing account, you enter your payment method. You must be authorised to use the payment method. You authorise us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You will pay service charges in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. We may bill you for more than one of your prior billing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term. 7.3           Updates to Your Billing Account. You must keep all information in your account current, including your email address. You can access your account balance at My Account – My Balance from within the service. Changes to your billing method, monthly bundles or cancellation of services and related billing can be found on www.Qtrak.co.uk under the Purchase section. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your service. Your notice to us will not affect charges we submit to your billing account before we could reasonably act on your request. 7.4           SIM card Subscriptions. When you have received a SIM card within the Products ordered or used in combination with the services you are charged on an annual basis for the use of this SIM card in combination with the services (annual subscription fees) . Unless we notify you otherwise, if you are using our SIM card(s), you must cancel the use of the SIM card and return it to us by the end of the usage period to avoid incurring charges. If you do not cancel your use of the SIM card and return the SIM card to us, the SIM card will automatically be renewed for another year at the end of the Initial Term, you authorise us to charge your payment method for the SIM card and service. By using our services, you agree to the following terms & conditions for all SIM card(s) activated in your account. 7.4.1.     Agreement Term. 36 months from the date of your order executed through our services (“Initial Term”). After the Initial Term, the Agreement will renew automatically on an annual basis. If a wireless subscription number (SIM card) is not used for an extended amount of time, Qvis Monitoring Ltd T/A Qtrak may not be able to warrant continuous service. After 3 months of not using a wireless subscription in a device, the wireless number (MSISDN) may be recycled without prior notice to you. In case this happens Qvis Monitoring Ltd T/A Qtrak will provide a new wireless subscription you upon request. You will be required to activate this new wireless subscription at the rates published on our website www.Qtrak.co.uk 7.4.2.     Early Termination Fee. After thirty (30) days from date of Agreement, an early termination fee of £150.00 per SIM card will apply if service is cancelled for any reason prior to the end of the Agreement Initial Term. 7.4.3.     Credit Reporting. You authorise QVIS MONITORING LTD T/A QTRAK to investigate your credit history at any time and to share credit information about you with credit reporting agencies. 7.4.4.     Term. The term of this Agreement for each SIM card depends on the Transaction Bundle Plan, feature or promotion you select. The term of this Agreement for each SIM card or Product begins on the date we activate Service for that SIM card. IF YOU SELECT AN ANNUAL SUBSCRIPTION, TRANSACTION BUNDLE, FEATURE OR PROMOTION WHICH REQUIRES A FIXED TERM OF MORE THAN ONE MONTH (SUCH AS A THREE-YEAR PLAN), YOU AGREE TO PURCHASE SERVICE FOR THE FULL TERM. After the fixed term expires, or if you are not on a fixed term (such as a “monthly” plan), this Agreement will continue until terminated by either party with advance notice, if required in your Transaction Bundle. IF YOU SELECT AN ANNUAL SUBSCRIPTION, TRANSACTION BUNDLE, FEATURE OR PROMOTION WITH A FIXED TERM, YOU MAY TERMINATE THIS AGREEMENT WITHIN 14 DAYS (30 DAYS FOR BUSINESS ACCOUNTS) AFTER YOUR ACTIVATION DATE. IF YOU TERMINATE MORE THAN 14 DAYS (30 DAYS FOR BUSINESS ACCOUNTS) AFTER YOUR ACTIVATION DATE, BUT BEFORE THE END OF YOUR FIXED TERM, OR WE TERMINATE FOLLOWING YOUR DEFAULT, YOU WILL BE IN MATERIAL BREACH OF THIS AGREEMENT. YOU AGREE OUR DAMAGES WILL BE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND AGREE TO PAY US, AS A REASONABLE ESTIMATE OF OUR DAMAGES AND IN ADDITITION TO ALL OTHER AMOUNTS OWING, A CANCELLATION FEE FOR EACH SIM CARD OR PRODUCT (THE ACTUAL AMOUNT OF WHICH IS REFLECTED IN THE TRANSACTION BUNDLE OR FEATURE OR PROMOTIONAL MATERIALS). 7.4.5.     Rates. Your Service rates and other charges and conditions for each SIM card are described on our website www.Qtrak.co.uk and Welcome Guide (if applicable), each of which is a part of this Agreement. If you lose your eligibility for a particular Transaction Bundle, we may change your Transaction Bundle upon prior notice to you. If you misrepre sent your eligibility for any Transaction Bundle, you agree to pay us the additional amount you would have been charged under the most favorable Transaction Bundle for which you are eligible. If you select a Transaction Bundle that includes a predetermined allotment of Services (for example, a predetermined amount of data transactions, or text messages), unused allotment of Services from one billing cycle will not carry over to the following billing cycle. If your Transaction Bundle requires other Qvis Monitoring Ltd T/A Qtrak services, and those services are terminated, we may change your Transaction Bundle (and rates) to a plan with comparable included transactions with no prior notice. If you activate Service on behalf of an entity, but were unauthorised to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated Service on your own behalf. 7.4.6.     Availability/Interruption. Service is normally available to your Product when it is within the operating range of the GSM network and may be available outside of that area in other participating carrier service areas. Service functionality may vary when outside the GSM network. Service is subject to transmission limitation, reduction in transmission speed, or interruption caused by weather, your equipment, terrain, obstructions such as trees or buildings, or other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, misuse of the network, hacking or malicious viruses. Interruption may also result from nonpayment of charges by you. All SIM cards are blocked with a PIN code to work only in your tracking Product and your Account. Qvis Monitoring Ltd T/A Qtrak may block your SIM card, in our sole discretion, when we are experiencing excessive billing, collection, fraud problems or other misuse of the SIM card or the Tracking Product. We may, (but do not have an obligation to) or may refuse to transmit any information through the Service and may screen and delete information prior to delivery to you or the Tracking Product as permitted by law. Some aspects of the Service may be temporarily unavailable if personal information is provided by a child under the age of 16. Without parental consent, children under the age of 16 will not be able to use certain aspects of the Service. Products may be incompatible with TTY, so TTY users may be unable to make emergency calls. 7.4.7.     Use of SIM card. Reproduction, retransmission, dissemination or resale of SIM card(s) is prohibited without prior written contractual arrangements with us, and any required regulatory approvals. You are responsible for all transactions that your Products transmit to your web based Service Account. QVIS MONITORING LTD T/A QTRAK has the right to interrupt or restrict Service to your SIM card without prior notice if QVIS MONITORING LTD T/A QTRAK suspects fraudulent or abusive activity, or in our efforts to combat fraudulent use. Resale of SIM card(s) is prohibited without prior written contractual arrangements with QVIS MONITORING LTD T/A QTRAK and any required regulatory approvals. You have no ownership rights to the SIM card, any e- mail address or any other identifier provisioned by us, our agents or the manufacturer of your Product and agree we may change any such SIM card, e-mail address or any other identifier at any time with or without prior notice to you. You may not program the SIM card into any equipment other than the Tracking Product or change the electronic serial SIM card (ESN) or Equipment Identifier (EID) of the Tracking Product. You consent to receiving advertising alerts and other broadcast messages from our authorised agents or us. 7.4.8. Use of Roaming Plans. All Qvis Monitoring Ltd T/A Qtrak Transaction Bundle or Rate Plans exclude roaming to areas outside of principal country of residence (“Local Service Area”). Additional roaming charges will apply to all data traffic received from, or send to, a tracking Product outside your principal country of residence. Additionally, each Tracking Product must maintain a minimum of 50% of your overall wireless usage (as measured on a quarterly basis) in the Local Service Area. If you fail to maintain thi s minimum level of usage during any three-month period, we may suspend Service with or without prior notice to you, and terminate this Agreement. Roaming charges outside your principal country of residence will be billed at Qvis Monitoring Ltd T/A Qtrak’s published rates. International Roaming. In order to qualify for International Services, Subscribers must meet certain credit criteria, and may not have been suspended for Non-Payment within the last 6 months. QVIS MONITORING LTD T/A QTRAK offers international roaming service to many frequently traveled countries through our GSM international roaming partners. Local carrier data rates apply. While roaming on a GSM partner’s network outside of your principal country of residence your Tracking Product will automatically work if it is turned on. You may receive a separate bill for your roaming charges. We reserve the right to deliver some or all of your roaming data to a GSM provider of our choice. For all incoming and outgoing data your Product is used as a transmitter/receiver, and you will be charged for data messages as described in your Transaction Bundle. When you place a transaction request in the Service and it is dropped by the GSM carrier, we will automatically credit your account for that transaction. You are responsible for all data usage sent through our network and associated with the Tracking Product, regardless of whether the Tracking Product actually receives the information. 7.4.9. Surcharges and Other Fees. Various surcharges, fees, and other assessments are imposed relating to the Service we provide to you, goods or services you purchase, and the wireless network and equipment used in providing the Service. We will determine, in our reasonable discretion, the taxes and other assessments that you are responsible to pay and the amounts of such charges. , local SIM card portability and SIM card pooling if and where applicable. You are responsible for paying these surcharges and other assessments, regardless of whether they are assessed on you or us. The law requires us to obtain a billing address which will be your Place of Primary Use (“PPU”), which must be your residential or business street address. You agree to provide us your PPU and to notify us of any changes in your PPU. If you do not provide us with an appropriate PPU, we may reasonably designate one for you. On certain Transaction Bundles or Rate Plans, your PPU must be your residential address. Data transactions may be charged to your account in a subsequent month due to delayed reporting between carriers; these data transactions will be charged as if used in the month billed. If you have authorised payment by credit card, no additional notice or consent will be required for charges to that credit card or account. You agree to notify us promptly if your credit card is terminated, lost or stolen or when the authorised date changes. 7.4.10.   Pre Paid Accounts/Disputes. All Qvis Monitoring Ltd T/A Qtrak Services work on a prepaid basis. Therefore, you agree to pay us upfront for your use of our Services. We will assess an additional fee not to exceed £25.00 for any electronic payment returned for nonpayment and we may, without notice to you, suspend Service and/or terminate this Agreement, in addition to all other remedies. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. All communications concerning disputed amounts owed, including any instrument tendered as full satisfaction of the amounts owed, or stipulating any other conditional action, agreement or proposed resolution of any dispute must be (i) in writing, (ii)marked “Billing Dispute” on the outside of the envelope, (iii) sent to our address contained on our web site, and (iv) received by us within 30 days after receipt of the invoice. 7.5           Prices and Price Increases. The price for the service excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do. If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change. If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled. 7.6           Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense. 7.7           Online Statement; Errors. We will provide you with an online billing statement. This is the only billing statement that we provide. Log in to your account and select My Account, My Balance to view or print a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time. 7.8           Canceling the service. You may cancel the service at any time, with or without cause. Go to www.iQtrak.com to obtain information on cancelling your service. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your account. 7.9           Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time. 7.10       Internet Access service. The service does not include Internet access, thus you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service.
  1. Privacy. We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or l egal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Qvis Monitoring Ltd T/A Qtrak, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service. In order to provide you the service, we may collect certain information about service performance, your product and your service use. We may automatically upload this information from your product. This data will not personally identify you. You may read about this information collection in more detail in our privacy policy.
  1. Products and firmware.
9.1.         Products. If you use our products certain rules apply for repair or defective products. General warranty on products is 12 months after purchase date. When your product(s) are defective you need to request a RMA form from us. Please check the Shipping & Returns section on the website on how to return products to us. Products without RMA form will not be returned to you and will be scrapped. 9.2.         Firmware. If you use our products you receive firmware from us as part of the product and service, your use of that firmware is under the terms of the license that is presented to you for acceptance for that firmware included in the packaging of each product. If there is no license presented to you, then we grant you the right to use the firmware only for the authorised use of the service on the product(s) stated in your invoice and or shipping documents. We reserve all other rights to the firmware. We may automatically check your version of the firmware. We may automatically download upgrades to the firmware to your products to update, enhance and further develop the product(s) and service. Unless we notify you otherwise, your license to use the firmware will end on the date your service ends, and you must promptly send us the SIM card(s) used in the product(s). We may disable the product and service after the date the service ends. You will not disassemble, decompile, or reverse engineer any firmware included in the product(s) or service, except and only to the extent that the law expressly permits this activity. The firmware is subject to export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
  1. How We May Change the Contract. If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service, product(s) and related SIM card(s) before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
  1. WE MAKE NO WARRANTY. We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the service. The Qvis Monitoring Ltd T/A Qtrak parties give no express warranties, guarantees or conditions. You may have additional consumer rights under local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
  1. LIABILITY LIMITATION. WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES RELATED TO USE OF THE PRODUCT OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR PRODUCT, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE PRODUCT, EQUIPMENT FAILURE OR MODIFICATION OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORISED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES OF 48 HOURS OR LESS, NOR FOR SERVICE LIMITATIONS OR INTERRUPTIONS. OUR LIABILITY AND THE LIABILITY OF ANY
UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WE ARE NOT LIABLE FOR (i) INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE PRODUCT OR ANY EQUIPMENT USED IN CONNECTION WITH THE PRODUCT UNLESS CAUSED BY OUR SOLE NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE PRODUCT BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. WE ARE NOT LIABLE FOR ANY ACT ASSOCIATED WITH THE PROPER EXERCISE OF RIGHTS UNDER THE PRIVACY AND/OR UNAUTHORISED USAGE PROVISIONS OF THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. You can recover from the Qvis Monitoring Ltd T/A Qtrak parties only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. This limitation applies to anything related to: The service, content (including mapping, address matching and code) on third party Internet sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of the service, Incompatibility between the service and other services, software and hardware,delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort. It also applies even if this remedy does not fully compensate you for any losses, or fails of its essential purpose; or Qvis Monitoring Ltd T/A Qtrak knew or should have known about the possibility of the damages.
  1. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE PRODUCT OR SERVICE UNLESS DUE TO OUR SOLE NEGLIGENCE. AMONG OTHER THINGS, YOU MUST PAY ALL CHARGES OF ANY ROAMING CHARGE, WHICH CARRIES YOUR DATA. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS’ AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH ANY APPEAL. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
  1. No Warranties. WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE, THE SIM CARD OR THE TRACKING PRODUCT AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORISE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
WE ARE NOT THE MANUFACTURER OF THE PRODUCT AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
  1. Resolution of disputes. Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
15.1.       Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. 15.2.       Arbitration Procedures. You must first present any claim or dispute to us by contacting Customer Support to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the current statutes of Law for England, Wales, Ireland and Scotland. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. 15.3.       Costs of Arbitration. In case of arbitrations all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration. 15.4.       Waiver of Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, a ny right to pursue any claims on a class or consolidated basis or in a representative capacity.
  1. Force Majeure. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Qvis Monitoring Ltd T/A Qtrak shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control, including but not limited to causes such as strikes, lockouts or other labour disputes; riots, civil disturbances, actions or inactions of governmental authorities or suppliers; epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or nuclear disasters.
  1. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your se rvice at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro -rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
  1. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
  1. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
  1. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
  1. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
  1. Your Notices to Us. Notifications of claimed copyright infringement should be sent to service provider’s designated agent. ALL INQUIRIES NOT RELEVANT WILL RECEIVE NO RESPONSE. You may notify us as stated in the customer support or “help” area for the service. We do not accept e- mail notices.
22.1.       Copyright and Trademark Notices. All contents of the service are Copyright © 2014 Qvis Monitoring Ltd T/A Qtrak and/or its suppliers, 36 New Lane, Havant, Hampshire PO9 2JL, UK, All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Qvis Monitoring Ltd T/A Qtrak, Qtrak, QtrakSecure, and/or other Qvis Monitoring Ltd T/A Qtrak products and services referenced herein may also be either trademarks or registered trademarks of Qvis Monitoring Ltd T/A Qtrak in the and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
  1. Notices We Send You; Consent Regarding Electronic Information. This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
  • by e-mail at the e-mail address you specified when you signed up for your service;
  • by access to a Qvis Monitoring Ltd T/A Qtrak web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a Qvis Monitoring Ltd T/A Qtrak web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
  1. Contracting Party, Choice of Law and Location for Resolving Disputes. This contract is between you and the Qvis Monitoring Ltd T/A Qtrak for your country or region. In the left column of the chart below, find the country or region where you live (if you are signing up for the service as an individual person) or your business is located (if you are signing up for services for your business). In the middle column, you will find the Qvis Monitoring Ltd T/A Qtrak legal entity that is contracting with you. In the right column, you will find the choice of law and the location for resolving disputes with Qvis Monitoring Ltd T/A Qtrak.
The laws of the UK govern this contract. You and we irrevocably agree to the exclusive jurisdiction and venue of the Havant & District Courts in the for all disputes arising out of or relating to this contract.
  1. Potentially Unwanted Software. If you remove or disable “spyware,” “adware” and other potentially unwanted software (“potentially unwanted software”), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.
  1. Respect Copyright. Please respect the rights of artists and creators. Content such as maps, addresses and satellite photos may be protected by copyright. You may not share other people’s content unless you own the rights or have permission from the owner.
Copyright ©2014 Qvis Monitoring Ltd t/a Qtrak. All rights reserved. This document may not be copied, photocopied, reproduced, translated, or converted to any electronic or machine readable form in whole or in part without prior written approval of Qvis Monitoring Ltd t/a Qtrak . Qvis, Qvis Monitoring, Qtrak & QtrakSecure are trademarks of Adata Ltd