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SERVICE TERMS AND CONDITIONS
GeonixLocate™ Service -- General Terms and Conditions
PLEASE
READ THIS CONTRACT CAREFULLY. BY USING THE SERVICE, YOU ACCEPT ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE
LIMITATIONS ON USE AND SERVICE DESCRIBED HEREIN. YOU AGREE THAT THIS
AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU.
IF YOU DO NOT AGREE, DO NOT USE THE SERVICE
The
GeonixLocate™ Service Agreement ("Agreement") between you and
Geonix Tracking Ltd ("Geonix") consists of these General
Terms and Conditions ("General Terms"), and any addenda that
may be included with these General Terms. The Agreement period
("Term") starts when you first use the GeonixLocate™
Service ("Service").
Geonix may change the General Terms or pricing for the Service if
its terms for obtaining the Service change or if Geonix believes a
change is beneficial for conducting its business. Should Geonix make
changes, Geonix will give notice to you by posting the changed
General Terms on the Geonix and GeonixLocate
websites:
www.geonix.com
and
www.GeonixLocate.com.
Geonix may also notify you directly of a change, but Geonix is not
obligated to do so unless the change is an increase in price or a
material change in the services offered. You accept ongoing
responsibility for being fully informed of the changing content of
the Geonix website, including without limitation changes in the
General Terms. If Geonix makes changes that are not acceptable to
you, you may terminate the Agreement without charge by giving
written notice of termination to Geonix within 30 days after the
date the unacceptable change was posted. If you do not give written
notice within 30 days, you accept the change, effective on the date
of its posting.
1. CONDITIONS AND LIMITATIONS OF SERVICE.
1.1 You
may use the Service anywhere there is coverage, depending upon the
capabilities of your GSM or satellite phone. Coverage areas in GSM
mode include all locations where your mobile phone can send and
receive international SMS messages: see
www.gsmworld.com
for coverage, maps and other information. Coverage areas for Thuraya
handsets in satellite mode include all of Europe, the Middle East,
Asia, India, Australia and most of Africa – see www.thuraya.com.
1.2 The
Service uses coordinates from the U.S. Government’s GPS Satellite
Constellation and the handsets’ onboard GPS chipsets to determine
your position. Transmission of those coordinates is made using
either the Thuraya satellite network or any interconnected GSM
network. Both the satellite and GSM network availability are limited
by the technology and environmental conditions that affect radio
transmissions. Service may become limited or temporarily unavailable
from time to time. Geonix does not own or control the network
providers that operate these networks, nor does Geonix own or
control the GPS Satellite Constellation, and cannot be responsible
for any service interruptions that are associated with those
networks.
1.3 In
GSM mode the service is wireless and requires the handset to be in
range of a GSM base station; the service is inherently subject to
transmission and reception limitations caused by: (i) your location,
including conditions that obstruct the transmission between you and
the base station; (ii) the status and condition of the connected GSM
network; (iii) the condition of your GSM handset; and (iv) weather
conditions, atmospheric conditions, magnetic interference,
environmental, and other conditions beyond Geonix’ or the GSM
network operator’s control.
1.4 In
satellite mode the service is wireless and requires a clear line of
sight toward the satellite; therefore, the service is inherently
subject to transmission and reception limitations caused by: (i)
your location, including conditions that obstruct the line of sight
between you and the Thuraya Satellite; (ii) the condition of the
Thuraya satellite system and ground stations; (iii) the condition of
your Thuraya handset; and (iv) weather conditions, atmospheric
conditions, magnetic interference, environmental, and other
conditions beyond Geonix’ or Thuraya’s control.
1.5 Geonix
collects generic information about your transmissions to monitor
service quality but does not monitor or record the content of your
transmissions.
1.6 You
undertake to read your handset User Manual carefully for
instructions on using your GSM or satellite phone.
2. SMS TRANSMISSION.
2.1 You
will be responsible for paying the SMS transmission charge to your
Geonix or GSM network service provider. Geonix makes no
representation as to the success of any SMS transmission. Regardless
of whether an SMS transmission is successful, your service provider
may not give a refund.
2.2 In
addition to limitations resulting from incorrect use (e.g. next to
or under an obstruction), satellite and GSM communications systems
have inherent characteristics that can create dropped SMS
transmissions. Geonix shall not be liable for any damages that may
result from such dropped SMS transmissions.
3. LIMITATION OF LIABILITY
3.1 TO
THE FULLEST EXTENT PERMITTED BY LAW, GEONIX AND ITS SERVICE
PROVIDERS, INCLUDING THURAYA AND ANY GSM NETWORK OPERATOR USED,
HEREBY EXPRESSLY EXCLUDE LIABILITY FOR ANY DAMAGES OR CLAIMS,
INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSS, DAMAGE, COSTS OR EXPENSES WHICH MAY ARISE OUT OF
OR IN CONNECTION WITH THE PROVISION OF THIS SERVICE (INCLUDING ANY
DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICE) OR ITS USE BY
YOU OR SOMEONE AUTHORIZED BY YOU TO USE THE SERVICE.
3.2 GEONIX
EXCLUDES ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT
(INCLUDING LIABILITY FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR
OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER
CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF THIRD PARTY
PROVIDERS, INCLUDING THURAYA OR ANY GSM NETWORK OPERATOR, FOR ANY
FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE OR GSM SYSTEM.
3.3 GEONIX
AND ITS SERVICE PROVIDERS, INCLUDING THURAYA AND ANY GSM NETWORK
OPERATOR, SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF
THIS AGREEMENT IN RESPECT OF ANY FAILURE OR DELAY IN THE PROVISION
OF SERVICES CAUSED BY:
3.3.1
MATTER’S OUTSIDE OF GEONIX’ OR ITS SERVICE PROVIDERS’ REASONABLE
CONTROL, WHICH SHALL INCLUDE, BUT IS NOT LIMITED TO, OUTBREAK OF
HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE,
EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS,
FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER
FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS VOLTAGES OR
CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT,
MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND;
OR
3.3.2
FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING
LOCATION COORDINATES; OR
3.3.3
FAILURE, DELAY OR INACCURACY OF THE USER’S HANDSET TO PROCESS AND/OR
TRANSMIT SMS MESSAGES; OR
3.3.4
FAILURE OF OR DELAY IN THE THURAYA SATELLITE SYSTEM OR
INTERCONNECTED GSM NETWORKS AND/OR GROUND STATIONS TO PROCESS SMS
TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO LOCATION COORDINATES
AND/OR GOOGLE MAPS™ OR WINDOWS VIRTUAL EARTH™ DISPLAYS.
3.4
IN NO EVENT SHALL GEONIX LIABILITY EXCEED THE AMOUNT OF THE SMS
SERVICE FEE PAID BY YOU.
4. ACCURACY OF DATA REGISTRATION AND GEONIX WEBSITE USE
4.1 You
acknowledge and accept that the information required in the website
registration data is essential for proper provision of Services. You
accordingly warrant and confirm that the information supplied by you
is accurate in all respects. It is your responsibility to ensure
that the information supplied by you to Geonix is accurate, complete
and up to date and that any change, alterations or additions to such
information is provided immediately to Geonix via its website
www.GeonixLocate.com.
1.6
Your use of the Geonix website, including data registration and
access to Google Maps™ and Windows Virtual Earth™, is governed by
the terms and conditions of use contained on the website, including
the terms and conditions governing your use of the embedded Google
Maps™ and Windows Virtual Earth™ imagery as detailed by Google and
Microsoft from time to time.
5. PRIVACY – DATA PROTECTION
5.1
Geonix has a firm commitment to maintaining your privacy. Geonix may
share with third parties such as Thuraya or your GSM Service
Provider certain pieces of non-personal, aggregated information,
meaning that information from many users is grouped together and is
disclosed in such a way that it does not reveal the identity of any
particular user, such as your location data, SIM card number or type
of handset.
5.2
With the exception of aggregated information, Geonix shall not sell
or otherwise pass your personal information to third parties, except
if required by law or pertinent to judicial or governmental
investigations or proceedings or if we consider it necessary to do
so to prevent risk of death or serious personal injury to you or
others. There are no other circumstances under which we will provide
or sell personal information to third parties.
6. GOVERNING LAW AND ARBITRATION
This
Agreement is intended to be legally binding
and shall be subject to English law. Any dispute or difference
arising out of or in connection with this Agreement will be finally
settled under London Court of International Arbitration rules in
force from time to time and the place of arbitration shall be |