INFORMATION WE MAY COLLECT AND PROCESS FROM YOU:
Links: Our Site may contain links to other websites. We do not control these other websites, and you should consult those other web sites' privacy policies regarding their use of your information. Our Site may also contain advertising. When you click on an advertisement, the advertiser may be able to collect information on you and any additional information you provide. We do not control these advertisers' collection and use of this information.
Cookies: Our Site may place a "cookie" in the browser files of your computer. This cookie does not collect information that personally identifies you as an individual (other than your Internet protocol address), but merely allows us to recognize your repeated visits to our Site. We use our cookie collected information to make your visit to our Site more enjoyable and allow user access until you logout. If you want to disable cookies, there is a simple procedure in most Internet browsers that allows you to turn off or delete cookies, but please remember that cookies may be required to allow you to use certain features of our Site.
Geo-Location: Our websites and or Mobile Apps, may use your real-time location-based information (for example, GPS). This is used to provide a location of your phone in comparison to other tracking devices purely for your convenience. To disable this please go to your dvices setting’s and disable sharing your location;
Geo-location data regarding any vehicles which you have subscribed to our services. Details of this data are shown below:
Geo-location data is a record of where a vehicle is at any given moment. If Geo-location data is gathered for a period of time it can be used to show where a vehicle has been, the direction it was travelling and the time when it made those journeys.
Geo-location data is recorded when your tracking system is activated. If your system is properly installed and has not been tampered with we are able to activate and deactivate the system remotely. The system will be activated whenever our agreement with you obliges or allows us to try and track a vehicle; this is typically done either to test the correct operation of the system or when you, the police or your insurance company contact us to report that the vehicle has been stolen.
- Geo-location data will no longer be recorded when the tracking system is deactivated. You may request for the system to be deactivated in this way.
- Geo-location data is key to our services. As such, if you refuse to allow us to gather geo-location data or request that the system be deactivated we will be unable to provide you with those services.
- Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material or requesting further services.
- Information that you provide when you contact us. In particular, telephone calls that you make to use may be recorded.
- Details of transactions you carry out with us (through our Site or otherwise) and of the fulfilment of your orders.
IP adress: We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Combining Information and Contractors: We may combine the information that we collect from you on our Site with information that you provide to us in connection with your use of our other products, services and web sites. We may use third party web site management and advertising contractors (the "Contractors") to deliver advertisements to you on our behalf, contact you on our behalf, facilitate our Site's services, fulfil your purchase requests, or to otherwise help us in providing the Site. We may provide these Contractors with your personally identifiable information solely for the purpose of providing these services to us or on our behalf. These Contractors may not disclose your information in violation of this Policy, which does not restrict Contractors disclosing your Internet protocol address, geographic location, Internet browser, network and connection, referring sites, ads and key words used to arrive at the Site, pages you visited and time spent on the Site, your Internet host, operating system and connection speed, and additional information regarding your use of the Site.
PROFILE AND SECURITY:
You can access your Site profile at your convenience to revise or correct errors in your personal information (unless such revisions or corrections may compromise privacy or security concerns).
We maintain authorized log-in and password protection security measures to protect your personal information from unauthorized access, misuse or disclosure. You should remember that when you use our Site to post comments and share additional information, any information that you provide is not secure and can be collected and used by others. As a result, you should exercise caution before you make such disclosures.
Terms of Sale
Your purchase of Products or Services, through the Carlock website is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
In these Terms and Conditions of Sale, "Seller" means Carlock by Protectus Technologies, Inc., 3500 S DUPONT HWY , Dover, DE 19901. "Buyer or Purchaser" means the person, firm, company or corporation by whom the order is given; “You” means the person, firm or company whose order for the Equipment and the Service has been accepted by us; "Goods" means the goods (including any Software and Documentation) described in Seller's Acknowledgement of Order form; “Services” means the services described in Seller’s Acknowledgement of Order Form; "Contract" means the written agreement (including these Terms and Conditions) made between Buyer and Seller for the supply of the Goods and/or provision of Services; and "Contract Price" means the price payable to Seller by Buyer for the Goods and/or Services.
YOUR ORDER AND OUR ORDER CONFIRMATION:
By placing an order through our site, you warrant that you are legally capable of entering into binding contractsa nd you are at least 18 years old.
Quotations are valid forthirty (30) days and represent no obligation untilthe Seller acceptsthe Purchaser'sOrder.
Any order sent to the Seller by the Purchaser shall be accepted entirely at the discretion of the Seller and if so accepted,the Seller's conditions shall apply to the entire exclusion of those of the Purchaser contained on or referred to in an order for more other documents or correspondence from the Purchaser, and no addition or substitution of these items shall be binding upon the Seller unless and until expressly accepted in writing by a duly authorised person on behalf of the Seller.
All orders must be in writing and are accepted subject to these Terms and Conditions of Sale. No terms or conditions put forward by Buyer and no representations, warranties, guarantees or other statements not contained in Seller's quotation or Acknowledgement of Order nor otherwise expressly agreed in writing by Seller shall be binding on Seller. No alteration or variation to the Contract shall apply unless agreed in writing by both parties. However, Seller reserves the right to effect minor modifications and/or improvements to the Goods before delivery provided that the performance of the Goods is not adversely affected and that neither the Contract Price nor the delivery date is affected. Telephone orders will be accepted only with Purchaser's official order number. Any written confirmation ofsuch orders must contain the confirmation reference given by the Seller atthe time of order failing which any duplication of delivery must be accepted and paid for by the Purchaser.
If you are contracting as a consumer, you may cancel an Agreement at any time within seven working days, beginning on the day the order has been send – »Cancellation Period«. To cancel the Agreement, simply send us a written notice stating that you would like to cancel within the Cancellation Period. If you cancel your subscription to the Services: because you have cancelled the Agreement between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the cancelled Service in full. If you cancel for any other reason (for instance, because you have notified us in accordance with our right to vary this Agreement, (that you do not agree to a change in this Agreement or in any of our policies) will notify you of any applicable refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will usually refund any money received from you using the same method originally used by you to pay for your subscription.
Any advice or recommendation given by the Seller or its employees or agent to the Purchaser as to the storage, application or use of the goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Purchaser's risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not confirmed in writing.
Both the Seller and Purchaser shall each keep confidential and shall not withoutthe prior consentin writing ofthe other disclose to any third part, any technical or commercial information which it has acquired formthe other as a result of discussions, negotiations and other communications between themrelating to the goods and theOrder.
OUR RIGHT TO VARY THIS AGREEMENT:
We have the right to revise and amend this Agreement from time to time to, for example, reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. This Agreement will not be varied unless: a change is required to be made by law or governmental authority; or we notify you of the proposed variation in writing and you do not exercise the right of termination detailed in Clause below. In which case the proposed variation will apply to this Agreement and any future provision of the Services to you. You may terminate this Agreement if, within fourteen (14) working days of receipt of a notice given under Clause above, you notify us that you wish to terminate this Agreement.
The prices of the products and services are as set out on our site at the date of despatch of the ordered products. Customer is informed that prices and products in the printed hard copy catalogue are subject to change. Up-to-date information can be found at http://www.carlock.co/. All prices include VAT. Protectus Technologies, Inc. reserves the right to change prices without prior notice at any time. The Seller reserves the right to increase the price of goods in proportion to any increase of costs to the Seller between the date of acceptance of the order and the date of delivery (including without limitation costs relating to exchange rates, labour, materials, transport and taxes). The Seller also reserves the right to increase the price of goods where the increase is due to any act or default of the Purchaser, including without limitation the cancellation by the Purchaser of part of any order or non‐adherence to agreed call‐off orschedule delivery arrangements.
Times and dates for delivery quoted on the site or by our employees are approximate only and we shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.
Delivery will be ex‐works unless othrewise agreed and goods will be packed to the Seller's normal specification in non‐returnable packing. Carriage will be arranged at the Purchaser's request and expense. Any applicable CODcharges will be added to the price of the goods.
If any delivery is late, the Customer must notify us, and we will endeavour to ascertain if the product has been delivered or the expected delivery time of the product to the Customer. We may also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable we may also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery. The goods will be at the Purchaser's risk from the date of commencement of a delay for reasons attributable to the Customer.
Time of delivery shall not be of the essence and any delivery period quoted is an estimate only and commences from the Seller's acknowledgement of the Purchaser's order. Provided the Seller takes all reasonable steps to deliver the goods at the time stated, and givest he Purchaser reasonable notice if it is unable to meet any delivery date quoted,the Seller shall be under no liability for any delay or failure in delivery.
The Seller reserves the right to deliver in more than one consignment and to invoice each consignment separately. Call‐off arrangements orscheduled deliveries can only be accepted if the price of each shipment exceeds 1000€.
Purchasers outside Slovenia are responsible at their own expense for obtaining any import licence required in the country of destination and the Seller is responsible for seeking any necessary licence to export from Slovenia unless the Purchaser's office issuing the order is located in Slovenia. All contractsfor export from Slovenia shall be in accordance with INCOTERMS 2000 Edition or any amendment orre‐publication there of for the time being in force at the date of the contract.
Due Force majore, the Seller shall have no liability in respect of failure or delay in delivery or in performance of any obligations under the contract due to any cause outside the Seller's control.
a) Potential additional fees
This clause sets out the circumstances in which we may raise additional charges over and above the subscription fees. You will reimburse us on demand in respect of any reasonable costs and expenses incurred by us in tracing you and in taking steps to enforce payment of any sums due. If your bank fails to honour any direct debit, cheque or other method of payment, you shall reimburse us in respect of any reasonable costs and expenses incurred in requesting repayment of the amounts due. We reserve the right to make a charge to cover our reasonable costs and expenses in the event that you fail to give a minimum of 24 hours notice of cancellation for any pre-arranged call out.
b) Refunds policy
If you cancel your subscription to the Services:
because you have cancelled the Agreement between us within the seven-day cooling-off period in addition to the Right to Cancel above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the cancelled Service in full. For any other reason (for instance, because you have notified us in accordance with Our right to vary this Agreement statments that you do not agree to a change in this Agreement or in any of our policies) will notify you of any applicable refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will usually refund any money received from you using the same method originally used by you to pay for your subscription.
You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services.
The price of the Service shall, except in cases of obvious error, be:
for the initial year of the Agreement, the price shown on our Site on the Commencement Date; and in the case of each renewal pursuant to the Term and Termination clause, any price agreed with you for the renewal in writing, or otherwise, the price shown on our Site on the date of the relevant renewal date. You shall pay for the Services by credit/debit card, cash, cheque or (if we request) bank transfer to an account we nominate to you in writing. We will invoice the fee for the Annual Subscription annually in advance. You will pay the Annual Subscription prior to the expiry date of the previous year’s Annual Subscription. Where we have agreed to accept Duration of Ownership Subscription, the provision of the Service shall apply only to you while you remain the owner of the Vehicle. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Services to you at the incorrect (lower) price. If you owe us any sums and they remain unpaid for more than 14 days from the due date for payment, then without prejudice to any other rights or remedies we may have, we will be entitled to: interest on the outstanding sum at the rate 2% above the base lending rate, which interest shall accrue on a daily basis from the due date for payment until payment is received in full by us together with all interest that has accrued; suspend the provision of the Service until full payment and any applicable re-connection fee has been received; and/or terminate this Agreement. You are responsible for the cancellation of this Agreement and any applicable Direct Debits in the event that you do not renew this Agreement. We recommend you contact both your bank us to ensure a Direct Debit payment is properly cancelled.
TITLE AND RISK:
You are responsible for insuring the Vehicle and the Equipment.
Risk of loss of or damage to the products shall pass to the Customer on delivery. Ownership of all products supplied shall not pass to the Customer until full payment of the purchase price of the goods and of all other amounts owing to Protectus Technologies, Inc. has been made (in cash or cleared funds). If the Customer is late in paying any sum to Protectus Technologies, Inc., then Protectus Technologies, Inc. shall be entitled to the immediate return of all products where the ownership has not passed to the Customer. The Customer authorises Protectus Technologies, Inc. and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by Protectus Technologies, Inc. shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or Protectus Technologies, Inc.'s right to sue for the whole of the price.
Not with standing the retention by the Seller of legal title to the goods, risk in the goods shall pass to the Purchaser on delivery to the Purchaser's delivery address and the Purchaser shall arrange for the Seller's interest in the same to be noted on all relevant insurance policies. The Seller shall be entitled to maintain an action against the Purchaser for the price of the goods or any part there of, and last, the Purchaser shall be deemed to have accepted all goods upon their delivery by the Seller to the address specified in the order.
The Purchaser may exercise its right to sell the goods as the fiduciary agent of the Seller in the usual course of the Purchaser's business but such right it may be revoked at any time by the Seller giving notice to that effect if the Purchaser is in default for longer than seven days in the payment of any sum what so ever due to the Seller(whether in respect of the goods or services supplied at any time by the Seller to the Purchaser or for any reason whatsoever) or if the Seller has bona fide doubts as to the solvency of the Purchaser, and third, it shall automatically cease if a receiver, manager or administrator is appointed over the assets, undertaking or property of the Purchaser, or a winding‐up or administration order against the Purchaser is made or petitioned, or any petition or order in bankruptcy against the Purchaser is presented or made, or the Purchaser goes into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation while solvent) or calls a meeting of or makes arrangements or compositions with creditors. Upon determination of the Purchaser's rights ofsale under Condition right above, the Purchaser shall place the goods at the disposal of the Seller(who shall be entitled to enter any premises of the Purchaser for the purpose of removing the goods and to remove the goods from the said premise) and/or, as the case may be, pay to the Seller the proceeds then held by the Purchaser as trustee for the Seller in accordance with Condition of the second paragraph in this section.
Unless any performance figures,tolerances or characteristics have been specifically and expressly warranted by the Seller in writing, the Seller shall be under no liability whatsoever for any failure to attain such figures whether attributable to the Seller's negligence or otherwise.
Any defects which under proper use appear in the Carlock product within a period of 5 years (or unless otherwise stated) after installation and which are due to faulty materials, work manship or design will be made good by the Seller either by repair or, at its option, by replacement provided that the Goods or the defective parts there of are returned to Seller, carriage paid and suitably packaged, within the 5 year period, together with a claim in writing which specifies the date of purchase and providing that the subscriptions payments have been continuous from the date of purchase. Software programs are supplied on the strict understanding that Seller does not warrant their functions to be free from defects or errors. No goods may be returned for credit unless previously agreed with Seller. The Seller's sole obligation and Purchaser's sole remedy under this provision is limited to the cost of repair or replacement of the goods supplied irrespective of the nature of the claims, whether in contract,tort or otherwise.
All items (including without limitation software programs) added to or incorporated into the Goods by Purchaser must be removed from the Goods prior to return to the Seller. The Seller shall not be liable in respect of any loss or damage resulting from any such items not so removed being damaged and the return of theGoods by Purchaser will authorise Seller to remove such items from the Goods without liability. This guarantee is provided by Seller and accepted by Purchaserin substitution for all express or implied representations conditions or warranties, statutory or otherwise, as to the state quality fitness for purpose or performance of the Goods (or any materials used in connection there with) or the standard of work manship and all such representations conditions and warranties are here by excluded.
The Seller shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or understatute civil or common law or otherwise for any consequential or other loss, damager or injury however caused and whether caused by Seller's negligence which may arise out of or in connection with the supply of the Goods to the Purchaser except for liability which for death or personal injury arising from Seller's negligence. This Guarantee does not apply to Goods which have been subject to misuse (including static discharge), neglect, accident or modification, or which have been soldered or altered during assembly and are not capable of being tested.
a) Cancellation and returned goods:
Cancellations will not be accepted for any items not pubblished on the Site or non‐catalogued items. If the Seller agrees to accept cancellation or part cancellation of an order for catalogued items a charge of 20% of total order will be made.
Except as provided in the conditions above, under the title Guarantee, no returns are permitted without the Seller's previous agreement. Agreed returns other than under Conditions mentiod before, must be at the Purchaser's expense in original condition and, if tested by the Seller, will be subject to a minimum charge of 15% of invoice price plus VAT.
TRANSFER OF RIGHTS AND OBLIGATIONS
This Agreement is personal to you and relates exclusively to the Vehicle in which the Equipment was originally installed. You may not transfer, assign, charge or otherwise dispose of an Agreement, or any of your rights or obligations arising under it, without our prior written consent (such consent not to be unreasonably withheld or delayed). The Agreement between you and us is binding on you and us and on our respective successors and assignees. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement so long, when applicable, we can show that we reasonably believe that the party to whom we are disposing of the Agreement to can provide you with materially the same level of service.
COMPLAINTS AND CANCELLATION:
If you are dissatisfied with the services we provide, please notify us in writing as soon as you after the occurrence of the event you are complaining about. The procedure to follow when giving such a notice is set out below. Upon receipt of such notice we will take all reasonable steps to investigate your complaint. We are, of course, happy to deal with day to day queries without a formal written notice, just write us an e-mail on firstname.lastname@example.org, where should all the written notices been given, and we will see what we can do to help. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Written Communications. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
LIMITATION OF LIABILITY:
Subject to Clause below, if either of us fails to comply with this Agreement, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these this Agreement.
We do not accept any liability to you or to others in connection with this Agreement for: loss of income or revenue; loss of profit; loss of business; loss of anticipated savings; loss of data; or any waste of time. We shall also not be liable for any loss or damage caused by: the acts or omissions of the driver of the Vehicle; the Vehicle being stolen; or the operation of the Service being adversely affected by physical features such as underpasses, atmospheric conditions and other causes of interference beyond our reasonable control.
We can give no guarantee that the Vehicle will be successfully located or recovered or that the Services will work in adverse conditions. The operation of the Equipment and the provision of the Service in accordance with this Agreement depends to a large extent upon the operation of the digital cellular telecommunications technology with which the Equipment operates and it is possible that this will not be working in all parts of the Territory. However, this Clause, will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by (inclusive) clauses above of the second paragraph above.
Nothing in this Agreement excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; and any breach of the obligations. Any deliberate breaches of this Agreement and conditions that would entitle you to terminate the Agreement; or any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. You agree and acknowledge that the provision of the Services does not in any way mitigate your duty to obtain adequate insurance for the Vehicle.
The company offers an optional annual or duration subscription for the on going use of the company’s servers and airtime as well asfor 24/7 monitoring where applicable. The current prices for these options are published on the website. Annual means any 12 month period from the date of subscription Duration means for the duration of ownership of the vehicle which has had the Tracking unitinstalled, on the original vehicle and by the original owner. In the event of a customer selling their vehicle with a Carlock product installed then the new owner will be liable to pay the full subscriptions charge. In the event that a customer should wish to take their Scropiontrack or Trackking unit with them when they sell their vehicle and have it installed in their next vehicle then the following rule will apply. If a duration payment has been made then Carlock will continue to support the product for a period of 3 years from date of original installation in the 1st vehicle. If annual subscription has been paid then Carlock will continue to support this until the end of the 12 month period.
DESCRIPTION AND DATA:
All specifications, drawings and particulars of weights, dimensions, capacity or other details provided by the Seller are intended to give a general idea oftheGoods but will not form part of the Contract if the description of any Goods in any correspondence, leaf let, invoice or the invoice or the catalogue varies from that of the manufacturer's description, the manufacturer's description will be deemed to be the correct description and shall take the precedence over the Seller's description. The manufacturer's description is available from the Seller on request. Goods will be supplied to the manufacturer's current specification and finish. The description of the goods has been given by way of identification only and the use of such description shall not constitute a sale by description.
The Seller shall use reasonable endeavours to ensure the accuracy of technical data or literature relating to the goods, but the Seller (save,for death or personal injury) accepts no liability in contract,tort (including negligence or breach of statutory duty) or otherwise for any damage or injury arising directly or in directly from any error or omission in such technical data or literature.
LICENCE TO USE OUR SITE AND INTELLECTUAL PROPERTY RIGHTS:
You are permitted to print and download extracts from our Site for the purposes of monitoring or reporting on the location of your Vehicle on the following basis: no documents or related graphics on our Site are modified in any way; no graphics on our Site are used separately from the corresponding text; and our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on our Site (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this Agreement, any use of extracts from our Site other than in accordance with the terms above for any purpose is prohibited. If you breach any of the terms in this Agreement, your permission to use our Site automatically terminates and you must immediately destroy any downloaded or printed extracts from our Site. Subject to the Clause above, no part of our Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
The sales ofthe goods and the publication of any information oftechnical data relating there to does notimply, and the Seller gives no warranty or condition whether expressed or implied by statute, at civil or common law or otherwise as to freedom from in fringement of the patent, registered design,trademark,trade‐name, copyright or other intellectual property rights of third parties (whether arising or created before or after the date of delivery of the goods) ("IPR") in respect of the goods or any particular application there of or any method in which the goods are used or disposed of or any combination of the goods with or into any other product (whether or not supplied by the Seller), whether or not that application, method or combination is the only application, method or combination in which the goods can be disposed of or used. The Purchaser warrants that any design and specifications supplied or specified by it to the Seller will not involve the infringement of any IPR in them an ufacture and sale of the goods by the Seller. The Purchaser undertakes to indemnify and keep indemnified the Seller against all royalties, claims, actions demands, proceedings, losses and costsin connection with any infringement or alleged infringement of any IPR arising out of or in connection with the matters described in the beginig of this paragraph.
TERM AND TERMINATION:
If the Purchaser commits any breach of the terms and conditions of contract or suffer distress or execution or becomes insolvent or commits an act of bankruptcy or enters into any arrangement or composition with his creditors or goes or is put into liquidation (other than solely for amalgamation, or reconstruction while solvent) or if a received or administrator is appointed over any part of the Purchaser's business, the Seller may without prejudice to any rights which may have accrued or which may accure to it terminate the contract summarily by written notice.
Any question relation to any quotation or any contract subject to these conditions or agreed amendment of these conditions shall be determined in all respects by the laws of USA and the parties irrevocably submit to the jurisdiction of the USA Courts.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THE CARLOCK WEBSITE. By accessing the Carlock Website, you agree to be bound by the following terms aof use of the website and the services. You should also understand that by ordering any of our Services, you agree to be bound by these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE AND YOU MAY NOT USE THE SERVICE, AS DEFINED BELOW and you will not be able to order any services from our site.
Date Revised and Posted: February 2014 ("Effective Date") by Protectus Technologies, Inc., 3500 S DUPONT HWY , Dover, DE 19901.
You must obtain, pay for and maintain all software, hardware and anything else needed to use the Site.
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 CarLock.
You will be able to obtain information about certain Carlock products and services on this Site and you may also submit queries to Carlock to receive more information. Please note that this Carlock Website is the European website.
It is Customers responsibility to maintain current and accurate account information on the CarLock system and to exercise diligence in protecting Customers logon and passwords.
We grant you a non-exclusive, personal, and revocable right to access the Site. You represent that you are at least 16 years old. You are responsible for protecting the confidentiality of your password(s), and for the acts and omissions of any third party that accesses the Site through use of your password, as if such acts and omissions were your own. Changes to the Site and Premium Features. We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Lawful Purposes: You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions that encourage criminal conduct, give rise to civil liability or otherwise violate any law.
Intellectual Property: The Site contains copyrighted material, trademarks and other proprietary information, which may include, but is not limited to, text, software, photos, video, graphics, music and sound. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original, granted or assigned to us. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, publicly distribute, publicly display, reproduce, publicly perform, or in any way exploit in any format whatsoever (including, without limitation, print and electronic formats) any of the Site content, without our prior written authorization. Except as otherwise expressly permitted under the United States copyright laws, copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is not permitted without our written permission and the applicable copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Works and Material: You Submit to the Site. You shall not upload, post or otherwise make available on the Site any works or material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any works or material are not so protected rests entirely with you. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all works or material submitted by you to the Site, you automatically grant, or warrant that the owner of such material has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, fully-paid up license to use, reproduce, create derivative works, publicly distribute, publicly perform, publicly display, assume any sound recording rights or moral rights of attribution or integrity, transmit, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed (including, without limitation, print and electronic form, media and technology) for the full term of any copyright that may exist in such works or materials. Except as limited under applicable law, and subject to any functionality on the Site allowing you to restrict access, you also permit any other Site user to access, view, store or reproduce the works or materials consistent with the provision entitled "Your Right to Use the Site."
Unlawful Use: Customer agrees not to use the Services or Devices for any unlawful or abusive purpose or in any way that interferes with CarLock 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. CarLock 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.
Limitation of Action: Except for actions arising in connection with Indemnification (above), neither CarLock nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues.
CarLock may assign all or part of the rights or duties of CarLock under this Agreement without such assignment being considered a change to the Agreement and may provide notice to Customer. As a result of any such assignment, CarLock shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of CarLock, which shall not be reasonably withheld.
FOR RESIDENTS OF THE EUROPEAN UNION THE WARRANTIES APPLY AS PER APPLICABLE STATUTARY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION THE FOLLOWING APPLIES: YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WE DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY REGARDING OR ARISING FROM: (I) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (II) COURSE OF DEALING, COURSE OF USAGE, OR COURSE OF PERFORMANCE; OR (III) TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF THE SITE AND ANY INFORMATION PROVIDED THROUGH THE SITE UNDER THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTY REGARDING THE PROFITABILITY OF TRANSACTIONS EXECUTED ON THE SITE OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE SITE, AND INFORMATION ON THE SITE IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE.
CarLock makes no express warranties regarding the Services and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. CarLock does not authorize anyone to make any warranties on its behalf and Customer should not rely on any such statement.
Excluded Damages: WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (COLLECTIVELY, THE "DAMAGES"), ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR SERVICE. BY WAY OF EXAMPLE AND NOT OF LIMITATION, WE ARE NOT LIABLE FOR DAMAGES FOR: (I) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA, (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION, EQUIPMENT, OR PROPERTY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF AND INFORMATION SUPPLIED BY OTHER SITE USERS OR THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT) AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
CarLock is not responsible for acts or omissions of any other service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of CarLock. CarLock is not liable for (i) service outages; (ii) incidental or consequential damages such as lost profits; (iii) economic loss or injuries to persons or property arising from the Customer’s use of the Services, the Devices or any other equipment used in connection with the Devices unless caused by the sole and/or gross negligence of CarLock; (iv) the installation or repair of the Devices; or (v) for any act associated with the proper exercise by CarLock of rights under the privacy and/or unauthorized usage provisions of this Agreement.
Enforceability: THIS PROVISION ENTITLED "LIABILITY" APPLIES REGARDLESS OF: (A) OUR NEGLIGENCE; (B) OUR GROSS NEGLIGENCE; (C) ANY FAILURE OF AN ESSENTIAL PURPOSE; AND (D) WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS PROVISION ENTITLED "LIMITATION OF LIABILITY" APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE AREAS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW, AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED EUROS (€100)
Third Parties: WE ARE NOT RESPONSIBLE AND NOT LIABLE FOR ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OTHER WEB SITES THAT LINK TO OR FROM THE SITE. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OF ANY THIRD PARTY MATERIAL(S), AND YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF, OR RELIANCE ON, SUCH MATERIAL(S), NOR FOR ANY FAILURE TO ENFORCE ANY OF OUR RIGHTS UNDER THIS AGREEMENT, AT LAW OR IN EQUITY, AGAINST ANY SITE USER OR ANY THIRD PARTY.
TERMINATION AND SURVIVAL:
Carlock trademark is owned by us, all rights reserved. All other trademarks appearing on the Site are the property of their respective owners. You gain no rights of any nature whatsoever in our trademarks, service marks or trade names through your use of the Site. You must not display or use in any manner Carlock trademarks or logos without Protectus Technologies, Inc. prior written permission.
NO ENDORSEMENT OF SITE CONTENT:
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on or off the Site by anyone other than one of our authorized employee spokespersons while acting in their officialcapacities. It is the responsibility of you to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or through a Site user. Advice of a professional may be necessary for you regarding the evaluation of any specific information, opinion, advice or other content.
COPYRIGHT INFRINGEMENT: TERMINATION, NOTICE AND TAKEDOWN POLICY:
Our Copyright Agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:
Copyright Agent: email@example.com
Termination of Site Access: We respect the rights of copyright holders and in this regard, we have adopted and implemented this policy. Under this policy, we shall terminate, if commercially practicable and reasonable, Site access in appropriate circumstances for employees, Site users and account holders, who infringe the rights of copyright holders. If the infringer is an innocent infringer, then we shall not terminate access unless such person has repeatedly infringed copyrighted material. If we determine that the infringer negligently or intentionally engaged in the infringing activity, then we reserve the right to immediately terminate that infringer's Site access.
Notification: If anyone believes that his or her work has been copied in a way that constitutes copyright infringement, and that work appears on the Site, or on another web site linked to the Site, then that person (the "Notifier") should provide our Copyright Agent a notification ("Notification") containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter Notification: Upon receiving a Notification, we will take reasonable steps to notify you or the other individual (the "Material User") under whose direction the material resides on the Site or any other web site, if applicable, that we have removed or disabled access to such material. If the Material User believes that our removal of or disabling of access to such material was a result of mistake or misidentification, then the Material User should provide our Copyright Agent a counter notification (a "Counter Notification") containing the following information:
- A physical or electronic signature of the Material User;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Material User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Material User's name, address, and telephone number, and a statement that the Material User consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, and that the Material User will accept service of process from the Notifier or his or her agent. Upon receipt of a Counter Notification, we will provide the Notifier with a copy of the Counter Notification. We will also inform the Notifier that we will replace the removed material or cease disabling access to it. We will then restore the removed material or cease disabling access to it unless the Notifier has filed an action seeking a court order to restrain the Material User from engaging in infringing activity relating to the material on the Site. The aforementioned responsibilities are required of us in order to comply with the Acts. If the Notifier is you, you hereby agree to provide our Copyright Agent with immediate written notice of the filing of the above action.
Entire Agreement and Amendments. This Agreement is the entire agreement between us and supersedes all earlier and simultaneous agreements regarding the subject matter. Governing Law and Forum. This is the entire Agreement between CarLock and Customer and super cedes any oral or 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. All claims regarding this Agreement are governed by and construed in accordance with the USA law, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in E.U, regardless of the inconvenience of the forum, except that we may seek temporary injunctive relief in any venue of our choosing. The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. No Waivers, Cumulative Remedies. Our failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of our rights under this Agreement. All of our remedies under this Agreement, at Law or in equity, are cumulative and nonexclusive. Severability. If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect our original intent, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions. Notices. All notices to us under this Agreement must be sent by registered or certified mail or by overnight commercial delivery to this address: Protectus Technologies, Inc., 3500 S DUPONT HWY , Dover, DE 19901. Captions and Plural Terms: All captions are for purposes of convenience only and are not to be used in interpretation or enforcement of this Agreement. Terms defined in the singular have the same meaning in the plural and vice versa.
All rights reserved. It is strictly prohibited to copy, redistribute, republish or modify any materials or software contained on the Carlock Website or in subsequent support without the prior written consent of Carlock.
Protectus Technologies, Inc.:
Protectus Technologies, Inc., 3500 S DUPONT HWY , Dover, DE 19901
Protectus Technologies, Inc.'s Carlock site endeavour to produce top quality products which perform 100% to our customers’ expectation.
30-Day Money-Back Guarantee. We want you to be fully satisfied with every item that you purchase from www.carlock.com. If you are not satisfied with an item that you have purchased, you may return the item within 30 days of delivery for a full refund of the purchase price, minus the shipping, handling or other additional charges. The item must be returned in good condition, in original boxes, and with all paperwork, parts and accessories to ensure full credit.
Products should be checked upon delivery. If it appears that the products, at the time of delivery, are damaged or otherwise show material or manufacturing defects, please contact us per telephone or email to inform us of the details. In the unlikely event that a product which we have supplied to our customer is faulty then a full credit or replacement of the product will be arranged without quibble and without cost to our customer. Before we can establish whether or not a product is faulty then it must be returned to us and our quality engineers will thoroughly test it.
Once we have the full details of your complaint our promise is that we will normally take no more than 30 calendar days to respond fully to your issue. Please be aware that some complaints may take longer to resolve due to the work that may need to be done to fully investigate the issue. There may be occasions when we require additional information or responses from you to complete our investigation. When that is the case we will allow 14 calendar days for your response. Allowing for complex cases with several such interactions, this means our longest investigations for complaints may take up to 90 calendar days to fully complete.
Before returning any goods, please Contact Us and request a returns number / form. The goods cannot be accepted back without a returns number. Protectus Technologies, Inc.'s Carlock site do not accept liability for any goods which are not working because they have been damaged or broken by the customer.
Any suggestions for improvements are always gratefully received and for any other reasons, you're welcome to contact firstname.lastname@example.org.
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