This Agreement for tracking services ("Agreement") is made between LiveOnMap Vehicle Tracking, ("LOM Vehicle Tracking") and the user of the Tracking Service (Customer). The Tracking Services ("Services") provide vehicle location and tracking from the Internet via the LOM Vehicle Tracking server and associated software. The Services include a secure logon for accessing and tracking vehicles equipped with a tracking device ("Device") designed to send GPS positions and event notifications (Locates) to LOM Vehicle Tracking.
Unlawful Use - Customer agrees not to use the Services or Devices for any unlawful or abusive purpose or in any way that interferes with LOM Vehicle Tracking or the Devices. Customer will comply with all laws while using the Services or Devices and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. Resale of the Services or Devices is prohibited except by authorized Dealers. By using the Services and/or the Devices, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services or Devices.
Unauthorized Usage - Customer may not program or alter any of the Devices other than the normal programmable parameters of the Device. If any Device is stolen or Services used fraudulently, Customer must notify LOM Vehicle Tracking immediately and provide LOM Vehicle Tracking with such information and documentation as LOM Vehicle Tracking may request (including, without limitation, police reports, and affidavits). LOM Vehicle Tracking has the right to interrupt Services or restrict service to any Device, without notice to the Customer, if Customer is using the device in a fraudulent or unlawful manner.
Returns - We comply fully with the distance selling regulations for business to consumer sales, business to business sales are covered by a 7 day return agreement if the purchases are not as advertised provided the product has not been used and is returned in "as new" condition.
Installation - Customer is responsible for the proper installation and operation of the Device per installation instructions provided by LOM Vehicle Tracking.
Customer Device consists of a GPS tracker, which determines the location of the Device by using signals from GPS satellites, and a GSM mobile phone SIM, which is used to report that location over the mobile phone network of our preferred supplier, to the Service. Accordingly:
1. Customer accept that the Device must be able to communicate with the appropriate GPS satellites, by line of sight, so the Device will generally not work indoors or where the line of sight is obscured;
2. Customer also accept that the Device must be in the reception range of our preferred GSM network supplier. If the Device loses connection, the Service will continue to show the last known location of the Device.
In order to activate the Device and use the Service, Customer must correctly enter in the IMEI and SIM numbers supplied with Customer Device, in order to set up an account with us. Customer must also keep the credit on that mobile account topped up. If Customer enter the wrong numbers, Customer may end up crediting someone else's account and it is unlikely that Customer will be able to get that money back. Customer will also not be able to use the Device with the Service and will not receive alerts or other messages.
We strongly recommend that Customer check the numbers carefully and then set up an alert and test whether Customer receive it.
Use of SIM card - If Customer damage the supplied SIM, Customer may not be able to use the Service until we send Customer a replacement. We may charge Customer for any replacement SIM card.
PLEASE NOTE: that the Device and Service are set up to work ONLY with the SIMs we configure. Customer must not use any other SIM with Customer Device as it will not work with the Service. If Customer need to use another SIM, for example because Customer are using the Device in a country for which we do not supply SIMs, please contact us and we will endeavour to unlock the Device so Customer can use the Service, in return for a charge. We cannot guarantee that third party SIMs will work with the Device or the Service.
PLEASE NOTE: that opening or tampering with the Device, including by replacing the SIM with a third party SIM, may invalidate the warranty (see below).
Device Warranty - We warrant to Customer (provided that Customer are the original purchaser of the Device) that the Device will be free from significant defects in material and workmanship for a period of 1 years from the date of original purchase as shown on Customer receipt. Should the Device need to be returned, contact us for a return authorisation number before sending it. The Device should then be sent to us, properly packaged and using a signed-for delivery method, together with proof of purchase. The warranty does not cover Devices which have been subject to abuse or neglect or which have been tampered with or modified (including by changing the SIM card).
If Customer are a consumer, Customer statutory rights are unaffected. For further information on Customer statutory rights, contact Customer local authority Trading Standards Department or Citizen's Advice Bureau.
Service - As with any GPS or mobile data device, the accuracy of the location information shown on the tracking panel depends on, amongst other things, the quality of the connection between the Device and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information on the tracking panel is therefore to be regarded as being a guide to the location of the Device at the time of the last update received from it, and subject to error. At best, the Device is accurate to around 5-10 metres.
We do not warrant that the Service will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a fault. We will endeavour to fix faults as quickly as we can.
Accordingly, we cannot accept liability for any loss or damage incurred by Customer or any third party using Customer Device, arising from the Service or the Device, from any information displayed as part of the Service or from any unavailability of any of them. Use of the Device and the Service is not a substitute for proper care and supervision of the item to which the Device is attached. It is Customer responsibility to ensure Customer have any relevant insurance and to consider and decide whether the Device and Service are appropriate for Customer needs.
We do accept liability for death of or injury to any person caused by our negligence or arising under the Consumer Protection Act 1986. Apart from such liability, our total liability to Customer and any third party using Customer Device, arising out of or in connection with the Device or the Service, and whether in contract, tort (including negligence) or otherwise, will be limited to the aggregate of the price paid for the Device and the most recent charges paid for the Service (if any). We do not accept liability for any indirect or consequential losses, or for loss of profit, business or revenue, whether direct or indirect.
If at any time we believe that Customer have broken these Terms or the terms of any other agreement with us, or are using the Device or the Service improperly or illegally, we may terminate or suspect the provision of the Service immediately. We will inform Customer by text or e-mail to the contact details Customer have given us if we have taken, or intend to take, such action.
Use Of Information - We will collect personal information about Customer when Customer register with us, to enable us to set up an account with us and with our mobile phone provider, and so that we can provide the Service to Customer. As part of the Service, we will send Customer SMS, e-mails and other messages and alerts in accordance with the way Customer have configured the Service and to inform Customer of changes or problems. It is important therefore that Customer keep Customer contact details up to date.
In order to provide the Service, we may store or process Customer data outside the LOM Tracking Server.
By entering into these Terms, Customer agree that we may collect, store, use and disclose Customer data, and contact Customer, as set out above.
We will not give Customer information to any third parties for marketing purposes or disclose them to anyone other than as needed to provide the Service or as required by any applicable laws or civil authorities. We will comply with the Data Protection Act and associated legislation.
PLEASE NOTE: Customer may be breaking data protection and other laws if Customer use the Device to track a person without that person's consent. We cannot accept liability in respect of any such use, whether with or without consent.
Charges - 1. Customer will need to keep Customer GPS top-up account with us in credit in order to receive the Service. The number of days worth of credits Customer have left is shown in the Payment Manager of the panel/app.
2. Should the item be returned and no manufacturing faults found in-line with our manufacturer’s warranty we reserve the right at our sole discretion to minimum charge to be deducted against any top-up credit balance due to cover costs of cancelling the SIM card in the device. Where possible we will endeavor to avoid this.
3. If Customer account runs out of credit, or a payment is not made on time, we reserve the right to suspend or terminate the Service. If Customer lose or forget Customer account access information, then we may not be able to recover any balances and Customer may need to set up a new account, and purchase a new SIM card from us.
4. If Customer use own SIM card then Customer need to pay only for service of use LOM only.
Minimum Top-Up Requirement - Use of the tracking panel Service (starting from the date Customer register on this site) is included as part of our minimum top-up requirement; should the minimum top-up requirement not be met we reserve the right to cancel the use of the GPS tracker and the use of the GPS Tracking Panel. The minimum top-up requirement is 3 months of GPS credits in any year period. Should Customer device be disconnected due to non-adherence to the minimum top-up requirement, there will be a charge made of $15 to re-instate the Service. This charge will not be refundable if Customer stop using the Service part way through a year.
Should Customer GPS tracker require a firmware upgrade, it will also be subject to an initial minimum to-up requirement of 1 month of GPS credits, payable at the time of upgrade.
The Subscriber agrees that all the information provided in the LiveOnMap application form is true and correct and the Subscriber shall be solely responsible and liable if the same is found incorrect. LiveOnMap reserves the right to cancel the connection and withdraw the service if the information is found to be incorrect at any point of time and the balance amount on the card will not be refunded. The Subscriber also agrees to provide further information as and when demanded by LiveOnMap, and to comply with all directions, guidelines, instructions etc issued by LiveOnMap relating to the network, services and any/all matters connected to the services of LiveOnMap.
LiveOnMap shall not be liable for any act of commission or omission of any dealer/retailer/ third party/suppliers/manufacturers/including any agency/company offering any privilege or benefits to Subscriber without specific permission of authority of LiveOnMap.
Governing Law -This Agreement is subject to applicable Indian laws.
Entire Agreement - This is the entire Agreement between LOM Vehicle Tracking and Customer written promises made to the Customer. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact.