Terms and Conditions
InSight USA (Corporation) agrees to provide vehicle tracking services to Subscriber in accordance with the following terms and conditions:
1. Subscription Services
Subject to the terms and conditions hereof, the Corporation hereby grants a non-exclusive, non-transferable license to the Subscriber for the Term to:
(a) access over the Internet to vehicle tracking services as set forth in the this Agreement, and
(b) use of any user manuals, data forms, templates and other documentation or material in printed form including any corrections or additions thereto or any subsequent releases thereof as supplied by the Corporation (hereinafter collectively referred to as the “Related Materials”).
The license granted to the Subscriber herein is subject to the payment of all applicable license and subscription fees. Fees for any additional services to which the Subscriber may wish to have access will be calculated on the basis of the prices in effect at the time of the order by the Subscriber for such addition and not those in effect on the Effective Date of this Agreement. The number of units may be increased at the request of the Subscriber without modification of this Agreement. All terms and conditions of this Agreement shall apply to any units added effective at the date of commencement of service to those units.
The fees set out in this Agreement are exclusive of any applicable sales, use, excise, goods and services, utility or other taxes. All applicable taxes will be paid by the Subscriber.
The subscriber will be charged monthly in advance for vehicle tracking services. If payment is denied with the credit card provided, the Corporation reserves the right at its sole discretion to terminate the access of the Subscriber to the services without notice to the Subscriber. The Subscriber agrees that the Corporation will not be held liable for any damages resulting from the loss of service due to the Subscriber's non-payment of the subscription renewal fees.
5. Hardware and Wireless Connections
The Subscriber hereby acknowledges and agrees that the Subscriber shall be responsible to provide at its own expenses such hardware and other facilities as are necessary to meet the specifications and to operate the software, systems and other services provided by the Corporation hereunder. The Corporation shall provide the specifications required and, if requested in writing, shall advise the Subscriber on hardware equipment, software and Internet data services and combinations and configurations thereof; provided that notwithstanding any such specifications or advice provided by the Corporation in no circumstances will the Corporation be responsible for the failure of any such hardware, software or other systems or any combination or configurations thereof to operate properly or at all with the Corporation's software and other services.
6. Limited Warranty
The Corporation warrants that the services will substantially perform the functions set out in the on-line documentation accompanying the services. If the services fail to perform as specified in this warranty, the Corporation will make reasonable efforts to correct the deficiency. If the Corporation is unable to correct the deficiency within a reasonable period of time the Corporation will provide a refund of not more than the amount of the subscription fees paid since the later of the Effective Date or the most recent Renewal Date, as liquidated damages (and not as a penalty) and which shall be the Subscriber's sole entitlement and remedy.. This limited warranty is the only warranty of any kind made by the Corporation. No verbal or written information or advice given by the Corporation, its dealers or distributors shall in any way create a warranty or increase the scope of this warranty. Except as explicitly provided in this section 6, under no circumstances (including negligence), shall the Corporation be liable for any director or indirect, incidental, special, consequential or punitive damages that result from the use or inability to use
the services, including, without limitation, lost profits or lost revenues, no matter what theory of liability, even if such damages were reasonably foreseeable, even if the Corporation has been advised of the possibility of such damages or if such damages arose from a fundamental breach of this Agreement. In no event shall the total liability of the Corporation to the Subscriber for all claims, damages, losses, costs, expenses and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the amount paid for the subscription since the later of the Effective Date or the most recent Renewal Date.
The warranty includes both software and hardware while utilizing the services.
Subject to termination pursuant to section 8 hereof, the term of this Agreement (the "Term") shall renew on the first of each month (Renewal Date). The Subscriber or the Corporation may serve a written notice of termination at least 15 days prior to the applicable Renewal Date to cancel the subscription vehicle tracking service.
The Subscriber may terminate the agreement at any time within the initial 30 day period and receive a full refund of fees paid for the equipment, excluding any tracking service and installation fees so long as:
(a) equipment is returned in “as new” condition (at the Corporation’s discretion, equipment returned in less than “as new” condition will be subject to refurbishment fees, amounts to be determined by the Corporation upon inspection)
(b) written notice of cancellation is received in the Corporation’s offices within 72 hours of the last full business day of the initial 30 day period.
The Corporation may at its sole discretion restrict or terminate the Subscriber’s account at any time with cause including without limitation:
(a) payment is declined on the credit card provided, or
(b) breach of any term or condition of this Agreement.
The Corporation warrants that it will maintain the confidentiality of the Subscriber's data held on its servers in accordance with industry standards. The Subscriber warrants that it will maintain the confidentiality of its account user identification names and passwords. Unauthorized use of the account through the negligence of the Subscriber will constitute a breach of this Agreement.
10. Loss of Service or Data
The Corporation shall use reasonable efforts to ensure that those portions of the service over which the Corporation has control are functioning properly and that the integrity of the data received from the Subscriber is maintained. The Corporation, its affiliates, and their respective officers, directors, agents, employees, suppliers, and shareholders are not and shall not be responsible for any loss or damage suffered by the Subscriber or by any party claiming through or under the Subscriber as a result of or related to the use of the services including, but not limited to:
(a) loss or damage suffered by the Subscriber or by any party claiming through or under the Subscriber as a result of or related to the use of the services including, but not limited to the performance of the Internet;
(b) loss or damage to the Subscriber’s equipment, facilities, software or data arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery,
(c) viruses or defects in the transmission of the information or data on the Internet.
11. Limitation of Liability
In no event shall the Corporation, or its third party suppliers be liable to the Subscriber for any damages, direct or indirect, including any lost profits, lost savings, interruption of business, loss of business opportunities or other incidental or consequential damages arising out of the use or inability to use the services for which the Subscriber has subscribed hereunder, even if the Corporation or any authorized dealer or distributor has been advised of the possibility of such damages. In no event shall the Corporation have any liability for damages from any cause of action whatsoever in excess of the subscription fees paid for the subscribed services hereunder for the term in which the breach arose.
EXCEPT AS EXPRESSLY WARRANTED IN THIS AGREEMENT THE SUBSCRIPTION SERVICES AND ASSOCIATED WRITTEN MATERIALS IN CONNECTION THEREWITH ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES STATUTORY OR OTHERWISE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SUBSCRIBED SERVICE IS WITH THE SUBSCRIBER. THE CORPORATION DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION THAT THE SUBSCRIBED SERVICE WILL MEET THE SUBSCRIBERS REQUIREMENTS OR BE MERCHANTABLE OR FIT FOR ANY PURPOSE.
12. Acknowledgement of Intellectual Property Rights
The Subscriber hereby acknowledges that the Services, all data retrieved and stored by the Corporation and all patent rights, trademark rights, service mark rights, copyrights and any other intellectual property rights relating thereto are and shall at all times remain the exclusive and valuable property of the Corporation. The Corporation’s logos, product names, and Related Material may not be used for any other purpose other than that contemplated in this Agreement without the express prior written consent of the Corporation.
Any notice required or permitted hereunder shall be given in writing by prepaid registered mail, personal delivery, facsimile or other form of electronic communication (provided in the latter two cases that delivery thereof is confirmed) to the Subscriber as set forth in the first page hereof and for the Corporation. All notices pursuant to this Agreement shall be deemed effective when delivered if delivered by hand; in five business days from the date posted if delivered by registered mail; or upon the next business day following confirmed transmission by facsimile or electronic communication.
This Agreement constitutes the entire agreement between the Corporation and the Subscriber with respect to the delivery and use of the services and supersedes all prior or contemporaneous understandings or agreements written or oral regarding the subject matter. If any part of this Agreement is found to be void and unenforceable, it shall be severed here from and shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing and signed by a person authorized by the Corporation.
15. Return Policy
The Subscriber has the right to return the product within 30 days of original purchase and will be refunded the full retail amount paid excluding taxes and shipping costs. It is the responsibility of the Subscriber to submit a written explanation for the return of the product, along with full account information and receipt of original purchase. Once the Corporation verifies the return, a certified check will be mailed to the Subscriber at the amount of original purchase. Activation fees, installation fees, and tracking services paid are not included within this policy and are non-refundable.