TERMS AND CONDITIONS

1. Definitions:

– “Company” refers to XTRACK GPS & SECURITY TECHNOLOGIES LTD., the owner and operator of the web store and tracking app service.
– “Customer” refers to any individual or entity that purchases products or services from the Company.
– “Products” refer to the GPS trackers and related accessories sold by the Company through its web store.
– “Services” refer to the tracking app service provided by the Company, which allows Customers to track the location of their GPS trackers.
– “Web Store” refers to the online platform operated by the Company where Customers can purchase Products and Services.

2. Acceptance of Terms and Conditions:

– By accessing and using the Web Store and Services, the Customer agrees to be bound by these Terms and Conditions.
– The Company reserves the right to update or modify these Terms and Conditions at any time without prior notice.
– The Customer’s continued use of the Web Store and Services after any such changes constitutes their acceptance of the revised Terms and Conditions.

3. Product and Service Availability:

– The Company will make reasonable efforts to ensure that Products and Services are available for purchase on the Web Store. However, the Company does not guarantee the availability of any specific Product or Service at any given time.
– The Company reserves the right to discontinue or modify any Product or Service without prior notice.

4. Pricing and Payment:

– The prices of Products and Services are as displayed on the Web Store.
– The Company accepts payment through various methods, including credit cards, debit cards, and PayPal.
– The Customer is responsible for paying all applicable taxes and fees associated with their purchase.

5. Shipping and Delivery:

– The Company will ship Products to the address provided by the Customer during checkout.
– Shipping costs and delivery times may vary depending on the Customer’s location and the shipping method selected.
– The Company is not responsible for any delays or lost shipments caused by factors beyond its control, such as natural disasters, strikes, or carrier delays.

6. Returns, Refunds and Cancellations:

– The Customer may return a Product within 30 days of purchase for a full refund or exchange, provided that the Product is in its original condition and packaging.
– The Customer is responsible for paying the return shipping costs.
– Refunds will be processed within 14 business days of receiving the returned Product.
Check our Refunds and Return policy page for more information.

Please note that a 30-day written notice is required before your next billing cycle for any plan cancellations.

7. Tracking App Service:

– The Company provides a tracking app service that allows Customers to track the location of their GPS trackers.
– The tracking app service is available via our web platform and for download on various mobile devices.
– While we strive to provide accurate location data, we do not guarantee that the information obtained through our GPS tracking devices will be perfectly accurate and reliable.

8. Condition of Use:

8.1. Intended Utilization:

– The GPS trackers provided by the Company are intended for use in accordance with their intended purpose, which is to track the location and movement of assets or individuals.
– The customer agrees to use the GPS trackers solely for their intended purpose and in a manner that complies with all applicable laws and regulations.

8.2. Compliance with Local Laws:

– The customer is solely responsible for ensuring that the use of the GPS trackers complies with all applicable local laws and regulations.
– The Company will not be held liable for any violations of local laws or regulations resulting from the customer’s use of the GPS trackers.

8.3. Misuse and Liability:

– The customer acknowledges and agrees that any misuse or improper use of the GPS trackers is strictly prohibited.
– The Company will not be held liable for any damages, losses, or liabilities arising from the customer’s misuse or improper use of the GPS trackers.

8.4. Exclusive Use with GPS Trackers and Data Plan Usage Terms:

• The SIM cards provided by the Company are intended for exclusive use with the GPS trackers provided by the Company.
• The customer agrees not to use the SIM cards or the unlimited Machine-to-machine (M2M) data plan in any other devices, including smartphones, tablets, or any other unauthorized devices.
• Any attempt to use the M2M data plan in other devices is strictly prohibited. Breaching this condition will result in the suspension of your M2M data plan, rendering the device unable to send data to our servers, and as a result, it will no longer be trackable.
• To resolve this issue and restore tracking capabilities, you will need to purchase a new data plan. For any further assistance, please contact our support team.

8.5. Termination of Warranty and Service:

– Any breach of the conditions outlined in this agreement, including the misuse of GPS trackers or the use of SIM cards in unauthorized devices, will result in the immediate termination of the warranty and service provided by the Company.
– The customer will not be entitled to any refund or compensation in the event of termination due to a breach of these conditions.

By accepting these conditions, the customer acknowledges and agrees to use the GPS trackers and SIM cards provided by the Company in accordance with the terms and conditions outlined above.

9. Data Privacy and Security:

– The Company takes the privacy and security of Customer data seriously.
– The Company will not share or sell Customer data to third parties without the Customer’s consent.
– The Company employs appropriate security measures to protect Customer data from unauthorized access, use, or disclosure.

10. Intellectual Property:

– All content, trademarks, and copyrights on the Web Store and Services are the property of the Company or its licensors.
– The Customer may not use or reproduce any content, trademarks, or copyrights without the express written consent of the Company.

11. Limitation of Liability:

– The Company’s total liability for any claim arising out of or in connection with these Terms and Conditions, or the Products or Services, shall not exceed the amount paid by the Customer for the Products or Services.
– The Company shall not be liable for any indirect, consequential, or punitive damages, including but not limited to lost profits, loss of data, or business interruption.

12. Governing Law and Jurisdiction:

– These Terms and Conditions shall be governed by and construed in accordance with the laws of British Columbia, Canada.
– Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.

13. Waiver:

No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right, power, or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

14. Severability:

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck from these Terms and Conditions and the remaining provisions shall remain in full force and effect.

15. Entire Agreement:

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

16. Assignment:

The User may not assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of the User.

17. Notices:

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the second business day following deposit in the mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

XTRACK GPS & SECURITY TECHNOLOGIES LTD.
9335 152a st, Surrey, BC, Canada, V3R 0E5

18. Headings:

The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

19. Survival:

This Agreement shall survive the termination of the Services for any reason. The provisions of this Agreement that are intended to survive termination shall survive termination, including, without limitation, the provisions relating to confidentiality, intellectual property rights, indemnification, limitation of liability, and governing law and venue