v2track Terms and Conditions

Access to and use of the v2track system (website or device) means you agree to be bound by these terms and conditions, which shall take effect on receipt of your first v2track device, or first login to the v2track website which ever comes first.

This is a legal agreement between you and v2track Limited (“V2track”) stating the terms that govern the use of the V2track website (http://www.v2track.com or http://ww2.v2track.com) and use of the V2track system. V2track does not allow any additions, changes, or deletions to this agreement by you and may refuse access to this system if you fail to comply with any aspect of these terms and conditions.

1. Definitions
   1. Definition of V2track website. V2track is the provider of the website that permits you, and ‘users’ you invite, to view ‘trips’ made by your ‘organisations” ‘devices’ as well as set up and edit device details.
   2. Definition of an ‘organisation’. An organisation is a group of users, devices, vehicles, trips and other information such as, but not solely, contacts and billing information associated to one account. An organisation consists of one administrator and many ‘users’. Users can only be invited by the organisation administrator by email and are asked to sign up to the V2track site with their own personal details and password.
   3. Definition of Trips. Trips are points that are plotted on a map by a particular device and are joined together by solid lines. The trip will show the location, altitude, speed and time of each point. A trip beginning point and end point are determined when the device is turned on and turned off. Any subsequent power cycles of the device will create new trips.
   4. Definition of a device. A device is the v2track hardware that sends position points to the v2track website.
   5. Definition of system. The system is everything produced by v2track, including but not limited to, the application website, marketing website (www.v2track.com), the device and all other hardware, and v2track documentation.
   6. References in this agreement. ‘We’ or ‘us’ refers to v2track Ltd. In signing up to the V2track application you have entered your legal name and contact information. ‘You’ and ‘your’ refers to the customer who completed the signup process.
2. System Requirements.
   Use of the v2track service requires internet access (fees may apply) and website browser software. Because the service involves hardware, software, data transmission via the Iridium Satellite Network, Cellular networks, and internet access, your ability to use the service may be affected by the performance of these factors. You agree that parts of the system under your control, such as your internet access, hardware, software and ISP, may change from time to time and as such are your responsibility. We strongly recommend high speed internet access to use the V2track application site.
3. Terms of Sales.
   On activation of a v2track device to the v2track System you will be required to pay monthly fees and usage fees. The monthly fee will be charged from the first month after the device is registered. Monthly fees are invoiced prior to the month that they occur. Overage and variable charges are charged at the start of the next month.  Your device can be disconnected by request to v2track. A disconnection fee may apply. Any usage up to the point of termination will be charged to your account.
4. Privacy.
   1. V2track will endeavour to keep all information contained in your account private and secure. This content includes all data that is produced by devices whilst in your account. V2track may use information about your account such as usage, location, and settings for analysis purposes which will be aggregated with other accounts. No information obtained from your account will be associated to your name or your company name. You agree that V2track employees are permitted to view your account and information therein, and as such will not disclose any information to outside parties.
   2. Under certain circumstances V2track may be required by law to release certain information. In this situation you will be notified and the information required by law to be release will be released.
5. Your information.
   You are required to keep all information in your account accurate, current, and complete. This includes, but is not limited to, organisational contact and billing information. Using a device incurs a monthly fee as well as a usage fee. This will be paid on or before the due date by bank transfer, cheque or credit card, unless prior arrangements have been made for an alternative payment method or extension of due date. V2track may terminate or suspend your account if information stored in your account is not correct or up to date. You agree that V2track may store and use registration data including credit card information for maintaining accounts and billing purposes. If outstanding invoices are not paid, or contact information is not maintained, you agree that V2track has the right to suspend or terminate your account.
6. Account and Password.
   As a registered user of the service you may establish or receive an account. You are solely responsible for maintaining the confidentiality and security of this account. You should not reveal your account information, including user email and passwords, to anyone else nor should you access anyone else’s account. You are responsible for all the actions that occur through your account. You agree to notify V2track of any unauthorised breach of security. V2track shall not be responsible for any losses or costs arising out of unauthorised use of your account. As personal information about your V2track account is sent to an email address, you agree to maintain the security of that email account as well as contact V2track in the event of a change in the email account. V2track will not be liable for any losses or costs arising from a breach of security through your email account or through your failure to maintain the security of your user email and password.
7. Hardware.
   1. You are aware that the use of the V2track website application requires use of hardware. V2track hardware may include a V2track tracking unit, ‘device’, keypad, LCD Screen and external button panel. Once a product is purchased and you receive the product, it is your responsibility not to lose, destroy, or damage the product, and V2track is not liable for any loss, destruction, or damage to the product.
   2. If V2track deems that a malfunction of the V2track hardware that you purchase, whilst under the warranty period of 2 years since you purchased it from V2track, is not as a result of your actions then V2track agrees to either repair or replace your hardware to the capability that it was when purchased. Any unauthorised attempts to repair, replace, modify or maintain the hardware by persons other than V2track will void warranty.
   3. During the warranty period, the device and any other V2track hardware will function in accordance with its specifications but you acknowledge that the hardware is of a complicated and technical nature and may have minor or inherent defects. If an unaltered version of the hardware develops faults by reason of defective components, design or workmanship within the warranty period, V2track will either repair or replace the hardware (or the affected component of the hardware). The only costs the customer will incur are freight charges (to return the hardware to V2track and for V2track to return the hardware to you) as this is a back to base warranty. Any such replacement or repair will be your sole remedy in respect of the supply of a defective hardware.
   4. The customer is responsible for having the ‘device’ placed correctly.  To work effectively the device (or its antenna) must have a clear view of the sky meaning that there is no obstruction of sight between the top of a portable device and the sky in a vertical direction. All costs associated with installation of all hardware are your responsibility. You must follow all guidelines provided by V2track and its employees when installing v2track hardware. V2track will not be liable for any loss, damage, or otherwise, due to your failure to follow these guidelines. Guidelines may include, but are not limited to email communication from employees of V2track, instruction manuals contained on the website, and information within the V2track packaging box.
8. Payment for products.
   You agree to pay for all products or usage you purchase, rent, or use (as applicable) through the service, and that V2track may charge your credit card for any product purchased, rented or used (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. You are responsible for the timely payment of all amounts accrued by your account. All fees will be billed to the credit card you designate during the registration process, or the credit card that you have entered since registering to the application service, unless you have an agreement with V2track to pay by other methods. Payment card details must be changed online at the Billing Settings section of the service.
9. Prices and availability of any products are subject to change at any time.
   V2track reserves the right to change prices of any hardware or services at any stage. V2track agrees to provide 30 days advanced notice of any changes to any service prices, prior to changes taking effect. Any changes or specific information requested by you, being either hardware, software or anything relating to v2track operations, may be charged for by v2track. V2track agrees to provide a quote for any such changes or information requested. On receipt of written acceptance of a quote, v2track and you will arrange a mutually agreed time for the work to be undertaken.
10. Intellectual property.
    Intellectual property rights means the rights to patents, licences, trademarks, trade names, inventions, trade secrets, copyrights, and know-how relating to the origin, manufacture, programming, operating and/or servicing of the system and any enhancements or modifications relating to the same.
    1. You acknowledge that the intellectual property rights in the system belong to V2track or its licensers. You will not reproduce, translate, adapt, reverse engineer, vary or modify anything in the v2track system.
    2. You will take all reasonable steps to ensure the non-disclosure and confidentiality of the system until the same is in the public domain through no fault of you.
    3. You will ensure that your officers, employees and agents do not disclose or copy any part of the system except as permitted by this clause.
    4. You will not transfer, assign or otherwise deal in the system.
    5. You will notify v2track in writing immediately you have knowledge of the existence of any circumstances which may suggest that any person may have unauthorised knowledge, possession or use of the system.
    6. Your obligations under this clause will survive termination of this Agreement.
11. Termination of account and agreement.
    1. If V2track believes you have failed to comply with any of the terms of this agreement, V2track, without notice, reserves the right to terminate your account and you will remain liable for all outstanding amounts relating to your account up to and including the date of termination, and/or preclude access to your account. V2track reserves the right to terminate or suspend any part of the service without notice and V2track will not be liable to you or any third party because of such termination. During a termination period, V2track will cease transmission of data from your device to the application site, and you acknowledge that tracking services will thenceforth become unavailable. You will be notified by email of such a termination at the email address you have provided on your contact details page.
    2. If V2track goes into liquidation or has a receiver or statutory manager appointed to any of its assets or becomes insolvent, or makes any arrangement with creditors this agreement may be terminated by V2track.
    3. On termination of this agreement you will still remain liable for payment of any charges that become due for payment before or after termination and you may no longer be granted access to the V2track application site.
12. General.
    1. V2track does not guarantee nor represent that the service will be uninterrupted or error free. From time to time the V2track service will be inaccessible due to website upgrades. V2track will endeavour to notify you of such upgrades in advance, however, there may be situations when this is not possible. The V2track service is dependent on the Iridium and Cellular networks and as such, any faults, errors, or delays caused by these networks are not the fault of V2track. V2track will not be liable for any errors or interruptions caused by the Iridium, or Cellular Network.
    2. Your ability. You agree that your use of, or inability to use, the V2track service is at your risk. V2track will not be liable for any loss or damage you incur due to your use of the v2track service.
13. Communication.
    V2track main point of contact with you is via the email address entered during the sign up process. Information provided to you through this email address may be account information including billing material, password information, notification of website upgrades/downtime, and promotional newsletters. It is your responsibility to maintain this email address including the security of this account. It is your responsibility to keep any information sent to you through this email address private. It is your responsibility to inform V2track of any changes to your contact email address.
14. Additions to this agreement.
    At times you may sign up to a promotion (or similar) through V2track. You will be required to agree to the terms and conditions of the promotion (or similar) before you receive any benefits of the promotion. Such terms and conditions are considered supplementary to this agreement and in the case of any conflicting terms, the terms of the promotion will over rule these terms. At the end of such a promotion these terms and conditions will apply.
15. Changes to this agreement.
    Any changes made to this agreement by us will require that you will have to read and agree to the new terms and conditions before continuing your use of the service. If you chose not to agree to the revised terms and conditions you will not be able to use the application site. V2track reserves the right to change the terms and conditions at any time.
16. New Zealand law governs this agreement.
    1. New Zealand courts have the exclusive jurisdiction over this agreement. If you wish to bring a claim against us, you must do so in a New Zealand court.
    2. You must always use the V2track system, and its associated equipment and data, in compliance with all the relevant laws and regulations in the areas of use in which you operate it in. This is including, but not limited to, all applicable laws and regulations pertaining to aeronautical use. If you install, and or use, the V2track system without complying to any of laws or regulations within the areas or use, you are responsible for any actions, legal or otherwise, taken against you. You are responsible for ascertaining whether the system is used in compliance with all relevant laws and regulations of all relevant authorities in your areas of use.