Website Terms and Conditions of Use
BEFORE YOU START USING THIS WEBSITE OR ACCESSING THE INFORMATION PRESENTED ON THIS WEBSITE, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY USING THIS WEBSITE YOU INDICATE THAT YOU TOTALLY ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
Copyright © 2017 FleeMap UK Limited. All rights reserved. Following content will specify FleetMap UK but is always to be considered FleetMap UK Limited, the full name of the Company.
All rights in this website are owned by FleetMap UK. No person may copy, modify, transmit, distribute, display, reproduce, publish, license or create works from any part of this material or otherwise use it for any public or commercial use without the prior express written permission of FleetMap UK. The names, logos and images on this website which identify FleetMap UK and its products and services are proprietary marks of FleetMap UK. The products described in this website may be subject to other intellectual property rights reserved by FleetMap UK.
Viruses and your computer
We make every reasonable effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you have appropriate software to deal with potential threats and issues. We shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
Content and Liability Disclaimer
FleetMap UK shall not be responsible for any errors or omissions contained on FleetMap UK website. FleetMap UK reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the FleetMap UK web site. The mapping site is updated and altered periodically without notice.
FleetMap UK has taken every care in the preparation of the content of this website.
However neither FleetMap UK nor any third party supplier of FleetMap UK products accepts responsibility for your reliance on any information on this website. Please note not all features are available on all the products shown and all products are subject to availability and may be withdrawn without notice.You should not solely rely on information from this website to make any decision or take any action. FleetMap UK reserves the right to alter the content of this website at any time.
Mention of non- FleetMap UK products or services or mentions of or links to third party content is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by FleetMap UK. All FleetMap UK and third-party information provided on any FleetMap UK website is provided on an “as is” basis and for presentation purpose only.
FleetMap UK disclaims all warranties, conditions and representations expressed or implied, with regard to any information about the products, software, services and third party content provided on our site including the implied warranties of merchantability and fitness for any particular purpose and non-infringement.
In no event shall FleetMap UK be liable for any damages whatsoever, and in particular FleetMap UK shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any FleetMap UK website, any FleetMap UK product or service. This includes damages arising from use of or in reliance on the documents or information present on any FleetMap UK website (including any information posted or placed by anyone other than FleetMap UK), even if FleetMap UK has been advised of the possibility of such damages.
Release of Information for Legal Reasons
We may release information concerning your use of the website as required by law and when we believe in good faith that such release is appropriate to protect our rights and/or comply with a judicial proceeding, court order or legal process served on us or the website. We will comply with all legal requests in internet industry regulation, including release of information in case of legal reasons or grounds for Authorities to ask for it.
Feedback Information
Any information provided to FleetMap UK in connection with any FleetMap UK website shall be provided by the submitter and received by FleetMap UK on a non-confidential basis. Such information shall be considered non-confidential and property of FleetMap UK. By submitting any such information to FleetMap UK you agree to a no-charge assignment to FleetMap UK of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. FleetMap UK shall be free to use such information on an unrestricted basis.
Products
Information contained in this site may contain references to FleetMap UK products or software programs that are only available in UK.
Such references do not imply that FleetMap UK intends to announce such products, programs or services in any other particular country. Email FleetMap UK at sales@FleetMap.co.uk for information regarding the products and services that are available to you. FleetMap UK obligations with respect to its products and services are governed solely by the license and/or service agreements under which they are provided. If you obtain a product or service from FleetMap UK from this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
FleetMap UK reserve the right to supply equipment which may differ in appearance from items presented and described on its website but which have the same use, functionality and facility specifically relating to tracking.
Notwithstanding any other provision in these Terms:
(1) FleetMap UK accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided with a tracking device.
(2) Without prejudice to the other exclusions and limitations in these Terms, FleetMap UK’s liability in connection with any order; whether arising in contract, tort (including without limit negligence) or otherwise; shall not in any circumstances exceed the purchase price of the goods ordered and paid for. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of FleetMap UK.
(3) FleetMap UK is not liable for any consequential losses; including without limit loss of profits, business or goodwill or loss or damage to property; arising; whether in contract, tort (including negligence) or otherwise; from use of any tracking product, including without limitation in circumstances in which the product fails to function.
(4) All warranties which would otherwise be implied into these Terms, including without limit as to quality and fitness for purpose of goods or services, are expressly excluded. The Customer’s sole remedies in connection with such matters in relation to goods supplied shall be in accordance with these Terms.
(5) Nothing in these Terms excludes or limits FleetMap UK’s liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in product descriptions, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with FleetMap UK (save in relation to the technical description, as provided by these Terms). In addition, FleetMap UK shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in good faith.
(7) Without prejudice to the other limitations and exclusions of liability in these Terms, FleetMap UK accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the failure of a device to track if this is caused by Customer’s fault in paying direct debit subscription for SIM data and software access or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant.
(8) FleetMap UK may at its discretion provide support in connection with the Service at the rate of £35 plus VAT per hour.
(9) Customers may not operate their trackers in any way without having valid location credit applied for any period longer than 3 consecutive days. Doing so can produce conflict errors with the tracker software and it’s connection with the mapping portal. Such action will be considered as nullifying any existing warranty.
THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE FOLLOWING:
Notwithstanding any other provision in these Terms
(1) FleetMap UK accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided in relation to the tracker installation and use of the Software.
(2) Without prejudice to the other exclusions and limitations in these Terms, FleetMap UK’s liability in connection with any Software or mapping portal access (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the value of the licence fee most recently paid by the Customer to FleetMap UK. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of FleetMap UK.
(3) FleetMap UK is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from the use of the Software or mapping panel access, including without limitation in circumstances in which data is lost or tracking is not successful due to a fault with the Software or mapping panel. The mapping panel remains the property of FleetMap UK and can only be used by customers who have submited through FleetMap UK.
(4) All warranties which would otherwise be implied into these Terms (including without limit as to quality and fitness for purpose of the Service) are expressly excluded.
(5) Nothing in these Terms excludes or limits FleetMap UK’s liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in product descriptions, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with FleetMap UK. In addition, FleetMap UK shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in anticipation of an order which have been provided in good faith.
(7) Without prejudice to the other limitations and exclusions of liability in these Terms, FleetMap UK accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the Service to collect tracking data which is caused by late Customer’s fault in paying direct debit subscription for SIM data and software access or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant.
(8) FleetMap UK has no liability under these Terms in relation to loss or damage resulting from failure to track occasioned by the failure of any wireless, GSM, GPRS or GPS device to perform its function. (9) FleetMap UK accepts no liability whatsoever in connection with use of the Software on devices which do not comply with the minimum specifications stated in these terms.
Third Party Content and Links to Third-Party Sites
The FleetMap UK website may contain information provided by third parties or links to third-party sites. Access to any third party content or to any website linked to any FleetMap UK website is not the responsibility of FleetMap UK and FleetMap UK is not responsible for the accuracy, or reliability of any content on such websites. Further, the mention of any third party content or the presence of a link to a third-party site does not mean that FleetMap UK endorses that third party content or third party site, any third party’s products, or the views expressed on the third party site. FleetMap UK provides these links and information merely for convenience and not as endorsement or recommendation by FleetMap UK.
Limitation of Liability for using our website
IN NO EVENT WILL FleetMap UK LIMITED BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF FleetMap UK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
This FleetMap UK website is controlled by FleetMap UK from its offices in UK or local collaboretors in Romania. All matters relating to your access to, or use of any FleetMap UK website shall be governed by European Law. Any legal action or proceeding relating to your access to or use of any FleetMap UK website shall be instituted in a court governed by European Law, either in the U.K. or Romania. You and FleetMap UK agree to submit to the jurisdiction of, and agree that venue is proper in these courts.
If you use our site from other jurisdictions, you are responsible for compliance with applicable local laws.
You may not access, download, use, or export information (including any software, products or services) contained on this FleetMap UK website in violation of U.K. and European export laws or regulations, or in violation of any applicable laws or regulations.
Trademarks
The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the FleetMap UK website are the property of FleetMap UK Limited. Nothing contained on the FleetMap UK website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark. In particular, the FleetMap UK name and logos are registered trademark of FleetMap UK Limited in the U.K., and Europe.
Language
Any translation of these Terms and Conditions is done for local requirements, and in the event of a dispute between the English and non-English language version, the English language version shall govern.
Governing Law
The validity, construction and performance of the Terms and Conditions will be governed by and construed in accordance with the laws of the England and Wales.