Please read these terms and conditions (this “agreement”) in full. This agreement is between you (“you”) or “customer” are the original, end user purchaser of the GPS tracking device (“device”) that works in conjunction with our web site and the services associated with it (the “services”) and us (we are go max Tracker Limited, the company that sold the device to you). This agreement contains important terms, conditions, allocations of risk between you and us, and limitations of our liability to you that we want you to know about and applies to all of past, present, and future use of your device and the services, until modified or replaced by new terms and conditions. It is effective when you (1) have a device installed and activated for use; (2) log onto our web site (where a link to this agreement appears) and acknowledge this agreement, i.e., by signing below; (3) use the services; (4) purchase more services; or (5) accept, at any time, any of the benefits of the services. This agreement is not intended to give anyone else a right, remedy, or claim of any kind against you or us. Note: your device is covered by a limited product warranty that is separate from this agreement.
Subject only to the limitations imposed upon us by our service providers or applicable law, we have the right, at our sole discretion, to modify this agreement and the services at any time, which includes (without limitation) the right to suspend the services. Changes to the agreement will be posted on our web site, which you agree to visit regularly, or may be sent to you via e-mail or postal mail. Your continued access of our web site and use of the services following posted notices of changes means that you have accepted and are bound by those changes.
You pay for the services by a valid credit or debit card or cheques or such other method as we expressly approve. If you give us a credit or debit card number, you are authorizing us to charge it for the services and all amounts due under this agreement without further notice to you. If your credit or debit card provider refuses a charge, the services can be terminated or suspended without notice. You assume exclusive liability for any and all taxes, tariffs, fees, duties, withholding or like charges, whether domestic or foreign now imposed or hereafter becoming effective related to the services or your VTS device or its components, (other than those based on our net income) including, without limitation, all federal, provincial, state and local taxes, as well as all value-added, goods and services, stamp documentary, excise and property taxes and duties. Payments not received within 10 days of any applicable due date are past due and we, in our sole discretion. Services will be disrupted without notice after the day of non-payment. Re-activation fees may apply!
Most service plans do not provide for pro rata refunds of unused services. You won’t be entitled to a refund of the purchase price of your device, subject to your product warranty. If you have your device deactivated, there may be a charge to reactivate it if you later decide to use it again.
You may not resell the services. They are for your own reasonable end use consistent with your service plan. The services may only be used for lawful purposes. Limits may be set on your level of use or tiered pricing may be applied based on your level or patterns of use. If you exceed those limits, you may be charged at higher rates (as detailed in your service plan) for your excess usage or we or our service providers may suspend your use of the services if we reasonably deem it to be abusive. You agree that we may use any credit or debit card or other payment account of yours that we have on file for payment of such charges.
The services are not transferable by you, even if you are a commercial user. If you intend to transfer ownership of a vehicle in which a device is installed, you agree that you will have the device uninstalled from it or have the device and associated services deactivated/terminated by us and inform the intended transferee—prior to the transfer—of the fact your vehicle has your device and advise the transferee to contact us with any questions.
The services may be suspended or terminated without prior notice to you for good cause without liability. This means, to give some examples, that the services can be terminated or suspended if you breach any part of this agreement, do not pay amounts that are due under this agreement, interfere with provision of the services, or use the services for any illegal or otherwise improper purpose. The services may also be terminated or suspended if the availability of communication services used by us ends (for example, as a result of the discontinuance of service by a cellular telecommunications carrier) or is interrupted (for example, as a result of telephone/telecommunications network or internet congestion) or should any other circumstance arise or omission occur related to maintaining, repairing, or improving our network.
Information we collect automatically through the use of technology. When you visit our website or use our mobile app, we and the related technology providers which we are not directly connected to other than using their analytics software) may collect certain information about your computer or device through technology such as cookies, web beacons, log files, or other tracking/recording tools. The information we collect through the use of tracking technologies includes, but is not limited to, IP address, browser information, referring/exit pages and URLs, click stream data and information about how you interact with links on the website, mobile app, or Service, domain names, landing pages, page views, cookie data that allows us to uniquely identify your browser and track your browsing behavior on our site, mobile device type, mobile device IDs or other persistent identifiers, and location data collected from your mobile device. Some or all of this data may be combined with other personally identifying information described above. When you access our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID or other identifier), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, installed app list and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude), WiFi location or similar information regarding the location of your mobile device. We use this information to remember information so that you will not have to re-enter it during your visit or the next time you visit the site or mobile app Provide custom, personalized content and information, including advertising Track your location and movements Monitor the effectiveness of our Service and our marketing campaigns Monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns Diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses or User IDs, and Automatically update our mobile application on your system and related devices.Data collected via this API will be Governed by Lotadata Privacy Notice (https://lotadata.com/privacy_policy)You agree that we can, subject to applicable law, use and share any of this information to: (a) provide the services to you; (b) assist emergency service providers, or others, as reasonably needed; (c) communicate with you about your account and collect payment; (d) check or maintain your device ; (e) help support your end use, i.e., fleet management, of the services; (f) develop new products and services and improve existing ones; (g) enforce this agreement; (h) prevent fraud, abuse, or misuse of the services; (i) comply with legal requirements, including valid court orders and subpoenas; or (j) protect the rights, property, or safety of you or others. You also agree that we and our service providers can, subject to applicable law, use this information: (a) to conduct market research; (b) to determine your eligibility for and offer you new or additional products and services that may be of interest to you; (c) to send you important product and service-related communications; and (d) to troubleshoot and improve the services (e) to Develop & Launch New Business. You also agree that we have all legal rights to use the data cumulatively which are being transmitted from your devices to our servers. This information will otherwise not be shared individually with third parties revealing your identity for their independent use without your consent.We may also collect information from you or your device, or from your use of the services, aggregate that information, and use it with other aggregated information obtained from other persons (“aggregated information”). For example, we may use aggregated information to determine overall use of the services, identify usage patterns, and make product and service development decisions. We or our service providers own all rights in, and may share, aggregated information with any third party for any purpose without revealing your identity.Because we provide service through wireless and other common carrier networks, we can’t promise that your communications won’t be intercepted by others. You agree we won’t be liable for any damages for any loss of privacy occurring in communication over such networks.
If your vehicle is lost or stolen, we can try to help you locate it, although we have no responsibility to do so, do not guarantee that it can or will be found, and do not guarantee the condition of your vehicle or the items that were in it should the vehicle be recovered. You may be asked to provide satisfactory identification and/or a police report. In any event, our obligation to assist you in providing commercially reasonable assistance to your efforts to locate your vehicle will end after 48 hours have elapsed from the time it was first reported to the authorities as missing or stolen. Should we provide assistance after such 48-hour period, you agree that we may do so if and when we see fit and that we will not be held liable for any acts or omissions that may arise with regard to such assistance. Regardless of the circumstance, we will be under no obligation to help you locate your vehicle for the purpose of tracking or locating a person or recovering any valuables contained in your vehicle.
You agree to indemnify and hold us and our parent corporation, affiliates, subsidiaries, employees, agents, and service providers harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the services, breach of this agreement, or any act, error, or omission on your part or that of anyone who uses the services. This provision will continue to apply after the termination or cancellation of this agreement.
Your device is covered by 7 Days to 1 year full replacement warranty from the date you install based on product models. This includes protection from go max Tracker’ s to check your device properly and replace if needed
The services use cellular or other wireless telecommunications networks in the country as well as the global positioning system (“GPS”) satellite network. The services are not available everywhere, particularly in remote areas, or at all times. Your vehicle has to have a properly functioning electrical system and adequately charged battery for the services to have any chance of working. The services may not work if your device is not properly installed by our authorized representative, not properly maintained, modified by any person other than our authorized representative, or combined with equipment, services, or software not expressly approved by us. Certain elements of the services, such as the ability to remotely unlock or disable your vehicle, may simply be incompatible with your vehicle’s design. There are other problems beyond our control that may prevent us from providing the services to you at any given time, such as damage to your vehicle in an accident, abuse or neglect of your device, terrain (hills, mountains, dips, valleys), buildings, bridges, tunnels, weather, the design of your vehicle, defects (including hidden defects) in your vehicle, localized “gaps” in cellular telephone network coverage, cellular telephone network congestion, and interference with the satellite transmissions that help supply the GPS data used by us in providing the services.