Website Terms of Use

Website Terms of Use

(“Terms of Use”)

 

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF USE CAREFULLY.

Welcome to the website and/or app of SafeTracks GPS Canada Inc. and its subsidiaries (“SafeTracks” or “we” or “our”). These Website Terms of Use (“Terms of Use”) govern your use of the SafeTracks website located at www.safetracksgps.ca (and its subdomains), any SafeTracks app or any other Internet site on which these Terms of Use are posted (“Site(s)”).  As a convenience to you, SafeTracks grants you access to its Site conditioned on your acceptance of the terms, conditions and notices contained in these Terms of Use.  Accessing any part of the Site indicates that you accept these Terms of Use in full. If you do not accept these Terms of Use, do not use the Sites and leave immediately.

These Terms of Use were last updated on February 3, 2016. We may change these Terms of Use at any time. If any modification is unacceptable to you, you shall cease using the Sites. Please review the Terms of Use each time you visit the Sites. By using any Site, it means you accept the most recent version of the Terms of Use.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with SafeTracks or its affiliates for other products or services.

For the purposes of these Terms of Use, “Content” means collectively and without limitation any text, images, graphics, software (including source code, object code and related documentation), applications, specifications, audio files, videos, articles, trademarks, trade names, logos and other material or information or content available through the Sites.

You are also subject to the SafeTracks Privacy Policy located at http://www.safetracksgps.ca/site/privacy_policy.   Should you order a product from SafeTracks and/or use services from SafeTracks, you will be subject to SafeTracks’ License and Service Agreement and its General Terms & Conditions of Sale, all of which are in addition to these Terms of Use. 

You agree that you:

  • understand that the services offered by SafeTracks do not provide guaranteed results;
  • you shall only use the location based portion of the website or application as per the terms and conditions of the License and Service Agreement, the General Terms & Conditions of Sale and any other agreement provided by SafeTracks. Any other uses of the Sites are not authorized by SafeTracks and are undertaken at your own risk;
  • agree to cause all persons who use your account to comply with all of the agreements mentioned herein; and
  • acknowledge and agree that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions.

 

  1. Use and Restrictions

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws.

The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that SafeTracks, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, sell, transmit, display, reproduce, publish, license, create derivative works of or transfer any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for personal use as expressly permitted herein, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any manner; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any SafeTracks trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without SafeTracks’ express prior written consent; or (i) use any meta tags or any other "hidden text" using an SafeTracks name, the TRiLOC™  mark, SafeTracks trademark, or product name without SafeTracks’ express prior written consent.

Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, may result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), unfair competition and communications regulations and statutes.  The fact that you have purchased any product or service from SafeTracks does not prohibit SafeTracks from taking such action.

Where a Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of SafeTracks, and (c) you may not use the Content in any manner that suggests an association with any of our products, services or brands.  Such downloads of software, including without limitation files, images incorporated in or generated by the software, and data accompanying the software (“Software”) is licensed to you by us or third-party licensors for your personal, noncommercial, nonexclusive, nontransferable and limited home use only. We do not transfer title to the Software to you.  You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.  UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, SAFETRACKS HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

SAFETRACKS SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE, (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.  IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER APPLICABLE LAW, SAFETRACKS’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

You may not, without the prior written permission of SafeTracks, mirror on any other server any material contained on a Site.  The use of the Content on any other website or in a networked computer environment is strictly prohibited without the prior written permission of SafeTracks.

 

  1. Copyright

The Content and the Sites, as well as the selection and arrangement thereof, are: (a) the sole property of SafeTracks and/or its licensors; (b) are protected by copyright and may also be protected by patent, trademark and/or other intellectual property rights; (c) may not be used except in accordance with these Terms of Use or with SafeTracks’ express written consent; and (d) protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of

Other than as necessary for your use of the Sites in accordance with these Terms of Use, SafeTracks grants no privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by SafeTracks’ licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SafeTracks’ express prior written consent.  SafeTracks does not represent or warrant that any Content or Site does not infringe the rights of any other person or entity.

 

  1. Trademarks

All trademarks, logos, service marks, trade names and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to SafeTracks or such Marks' respective owners and may not be used without the written permission of the owner of such Marks. You may not display or reproduce the Marks other than with the prior written consent of SafeTracks, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.  Nothing herein is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.  The trademarks “SafeTracks” and “TRiLOC™” are exclusively owned by or used under license by SafeTracks.

In addition, all page headers, custom graphics, button icons, and scripts contained in the Sites are trademarks, service marks, trade names, works protected copyright, and/or trade dress of SafeTracks or their respective owners, and may not be copied, reproduced, imitated, or used, in whole or in part, without SafeTracks’ express prior written consent.

You are expressly prohibited from using any Meta tags or any other “hidden text” utilizing SafeTracks’ name or trademarks without the express written consent of SafeTracks. Any unauthorized use of this site and/or its contents terminates the permission or license granted by SafeTracks.

 

  1. Your Account

In order to purchase products or services through the use of the Sites, you must establish an account with SafeTracks. The Sites are directed for use by adults.  If you are between the age of 16 and 18, you should only purchase products or services from the Sites with your parent or guardian’s supervision.  If you use the Sites, you are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your computer or other electronic device, and you agree to accept responsibility for all activities that occur under your account and/or password.  You are also solely responsible for keeping your email address listed on your current account. For the purpose of ambiguity, you are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.

You acknowledge and agree that SafeTracks may: (a) refuse service, terminate accounts or cancel orders in their sole discretion; and (b) access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if SafeTracks is required to do so by law or legal process or if SafeTracks determines, in its sole discretion, that such action is necessary to protect the rights of SafeTracks, third parties, and other users of the Sites or for purposes of responding to your request for customer service. SafeTracks’ right to disclose any such information shall govern over any terms of our Privacy Statement.

 

  1. Terms and Conditions of Sale

When you purchase products or services from the Site, your purchase is subject to a separate: (a) General Terms & Conditions of Sale, as located at http://www.safetracksgps.ca/site/genterms, and (b) License and Service Agreement, as located at http://www.safetracksgps.ca/site/license, and (c) Limited Warranty, as located at http://www.safetracksgps.ca/site/warranty. You should refer to these agreements to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of products or services, you agree to be bound by the terms of sale found in such agreements. The terms of sale in those agreements are subject to change without prior notice at any time, in SafeTracks’ sole discretion so you should review the terms of sale each time you make a purchase.

You agree to pay for all products and services (including applicable taxes) that you or the user order from your account through your use of the Sites. You also agree delinquent accounts will be subject to a late payment charge of 2% per month, calculated and compounded monthly (26.82% per year).  You agree that we may charge any unpaid or outstanding amounts to your credit card, bank account or other payment method provided.

All sales of products and services are final and if a product becomes unavailable following a transaction but prior to delivery, your sole remedy is a refund.
 

  1. Electronic Communications

Your use of the Sites includes the ability to enter into agreements and make transactions electronically.  In addition, when you send emails to us, you are communicating with us electronically.  You consent to receive electronic communications from SafeTracks either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that all agreements, notices, disclosures and other electronic communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

  1. Submitting Feedback

When you submit any feedback, ideas or materials about SafeTracks, our products and services, you hereby assign to SafeTracks all right, title and interest in and to such feedback, ideas or materials and waive in favour of SafeTracks all moral rights you could own therein.

 

  1. Modifications

Any Content on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, SafeTracks reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.

 

  1. Indemnification

 You agree to defend, indemnify and hold harmless SafeTracks, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney's fees) arising out of your account, your use of the Site, and interactions or dealings with SafeTracks.

 

  1. Opt out of Repeated Notices

In some jurisdictions, SafeTracks may be required to repeatedly notify you that location information has been collected from your unit for the purposes of providing you with the Services, unless you opt-out of such repeated notices. By accepting this Terms of Use, you hereby agree to opt-out of receiving such repeated notices.

 

  1. Compliance with Laws

The services offered by the Site may include location based services.  Use of such portions of the Site are only allowed to track the location of a person on whose behalf you have the legal authority to provide consent. You must inform any person whose location you wish to track in accordance with these Terms of Use, and you warrant to SafeTracks that you can lawfully and do provide consent for such use on behalf of any such person. Any other uses of the services are not authorized and are undertaken at your own risk. If SafeTracks has a reasonable belief that you use the services for purposes other than those listed above, SafeTracks reserves the right to terminate your access to the services immediately. Without limiting the generality of the foregoing, you must not use the Services to stalk, harass, harm or threaten to harm, or to invade the privacy of, any person.

Your wireless data service plan is provided by a third party wireless service carrier. SafeTracks and the third party wireless service carrier reserve the right to deny, disconnect, modify and/or terminate the services, without notice, to anyone it believes is using the services or wireless data service in any manner prohibited. In addition, the use of content or information may be blocked, temporarily or otherwise, due to measures taken by mobile network operators in order to prevent the (further) dissemination of information that constitutes a criminal offense or may be unlawful in relation to third parties.

You agree that your use of the Site will at all times comply with applicable laws and regulations in your area regarding the use of location tracking products and services. SafeTracks and the third party wireless service carrier will not be responsible for your use of the services or the wireless data service plan in violation of any laws or regulations.

 

  1. Links to Third Party Websites

SafeTracks may provide links to other websites and other resources operated by third parties as a convenience to you. SafeTracks does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Providing links to such websites on our Sites does not imply any endorsement of such website or the content, products or services offered, advertised or promoted there, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third party websites.

 

  1. Warranties and Disclaimer

THE SITES AND ANY CONTENT PROVIDED VIA THE SITES, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFETRACKS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SAFETRACKS DOES NOT REPRESENT OR WARRANT THAT THE SITES, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, SECURE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT TO SAFETRACKS THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SAFETRACKS RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAFETRACKS RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.  WE APOLOGIZE IN ADVANCE FOR ANY INCONVENIENCE.

 

  1. Limitation of Liability

SAFETRACKS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Please note that certain laws in certain states and/or provinces do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

 

  1. Disclaimer of Certain Damages

Your use of the Site is at our own risk.  If you are dissatisfied with any of the Content or other contents of the Site or with these terms, your sole remedy is to discontinue use of the Sites.  IN NO EVENT WILL SAFETRACKS OR ANY SAFETRACK SUPPLIER, LICENSOR OR RELATED THIRD PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.  SOME STATES AND PROVINCES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

 

  1. Intellectual Property Right Infringement

SafeTracks may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement, trademark infringement or other intellectual property right infringement and appears on our Sites, please provide SafeTracks with all relevant information at the following address: support@safetracksgps.ca

Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

  1. Governing Law

These Terms of Use are governed by the laws of the province of Alberta and the laws of Canada applicable therein (without regard to conflicts of law principles) and all disputes arising out of or relating to this Agreement are irrevocably submitted to Alberta courts, judicial district of Red Deer, without giving effect to the conflict of law provisions of Alberta or your actual state, province or country of residence. 

 

  1. Export Controls

The United States, Canada and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

 

  1. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be invalid, illegal or unenforceable, in any respect, under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be modified, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SafeTracks as a result of these Terms of Use, our Privacy Policy or any use of the Sites. SafeTracks’ performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of SafeTracks’ right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by SafeTracks with respect to such use. These Terms of Use, our Privacy Statement, the General Terms and Conditions of Sale and the License and Service Agreement constitute the entire agreement between you and SafeTracks with respect to the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SafeTracks with respect to the Sites. SafeTracks reserves the rights to modify these Terms of Use at its sole discretion.

All rights not expressly granted in these terms are reserved to SafeTracks. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of SafeTracks or any other person or entity. 

 

  1. Language

You and SafeTracks agree that these terms and conditions and all related documents be drawn up in the English language.