Service Terms & Conditions

Terms and Conditions for trackinapack GPS Tracking Service

These terms and conditions (“Terms”) apply to the provision of tracking panel services by mytrackingdevices.com LLC (referred to as “trackinapack”, “we” or “us”) to purchasers of any trackinapack GPS devices sold by or on behalf of trackinapack from time to time for use with the tracking panel (each a “Device”). The term “you” refers to the end user of the Device who intends to use the trackinapack tracking panel service provided at: http://www.trackinapack.com, http://www.trackinapack.net The trackinapack tracking panel service is referred to as the “Service”.

It is a condition of our providing the Service that you accept these Terms. These Terms and those appearing on our website at http://www.trackinapack.com/service-terms-conditions are the entire statement of the contract between us and you agree that you have not entered into these Terms in reliance on any statement or representation made by or on behalf of us.

Activating the Device

Your Device consists of a GPS tracker, which determines the location of the Device by using signals from GPS satellites, and a GSM mobile phone SIM, which is used to report that location over the mobile phone network of our preferred supplier, to the Service. Accordingly:

1. You accept that the Device must be able to communicate with the appropriate GPS satellites, by line of sight, so the Device will generally not work indoors or where the line of sight is obscured;

2. You also accept that the Device must be in the reception range of our preferred GSM network supplier. If the Device loses connection, the Service will continue to show the last known location of the Device.

Use of SIM card

If you damage the supplied SIM, you may not be able to use the Service until we send you a replacement. We will charge you $50 for a replacement SIM card.

PLEASE NOTE that the Device and Service are set up to work ONLY with the SIMs we provide. You must not use any other SIM with your Device as it will not work with the Service. If you need to use another SIM, for example because you are using the Device in a country for which we do not supply SIMs, please contact us and we will endeavour to unlock the Device so you can use the Service, in return for a $50 one time charge. We cannot guarantee that third party SIMs will work with the Device or the Service.

Please note that opening or tampering with the Device, including by replacing the SIM with a third party SIM, may invalidate the warranty (see warranty).

The Service

As with any GPS or mobile data device, the accuracy of the location information shown on the tracking panel depends on, amongst other things, the quality of the connection between the Device and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information on the tracking panel is therefore to be regarded as being a guide to the location of the Device at the time of the last update received from it, and subject to error. At best, the Device is accurate to around 5 metres.

We do not warrant that the Service will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a fault. We will endeavour to fix faults as quickly as we can.

Accordingly, we cannot accept liability for any loss or damage incurred by you or any third party using your Device, arising from the Service or the Device, from any information displayed as part of the Service or from any unavailability of any of them. Use of the Device and the Service is not a substitute for proper care and supervision of the item to which the Device is attached. It is your responsibility to ensure you have any relevant insurance and to consider and decide whether the Device and Service are appropriate for your needs.

Our total liability to you and any third party using your Device, arising out of or in connection with the Device or the Service, and whether in contract, tort (including negligence) or otherwise, will be limited to the aggregate of the price paid for the Device and the most recent charges paid for the Service (if any). We do not accept liability for any indirect or consequential losses, or for loss of profit, business or revenue, whether direct or indirect.

If at any time we believe that you have broken these Terms or the terms of any other agreement with us, or are using the Device or the Service improperly or illegally, we may terminate or suspect the provision of the Service immediately. We will inform you by text or e-mail to the contact details you have given us if we have taken, or intend to take, such action.

Use of information

We will collect personal information about you when you register with us, to enable us to set up an account with us and with our mobile phone provider, and so that we can provide the Service to you. As part of the Service, we will send you SMS, e-mails and other messages and alerts in accordance with the way you have configured the Service and to inform you of changes or problems. It is important therefore that you keep your contact details up to date.

In order to provide the Service, we may store or process your data outside the USA.

By entering into these Terms, you agree that we may collect, store, use and disclose your data, and contact you, as set out above.

We will not give your information to any third parties for marketing purposes or disclose them to anyone other than as needed to provide the Service or as required by any applicable laws or civil authorities. We will comply with the Data Protection Act and associated legislation.

PLEASE NOTE: you may be breaking data protection and other laws if you use the Device to track a person without that person’s consent. We cannot accept liability in respect of any such use, whether with or without consent.

Charges

1.If you are a Pay As You Go customer, you can top your account up over the Internet or by calling us. Credits can take up to an hour to reach your account with us during normal office hours; however we recommend that you allow 24 hours to be safe;

2. You will need to keep your GPS top-up account with us in credit in order to receive the Service. Your credit balance will show in the bottom right hand corner of the tracking panel. To keep top-up costs down and to reflect the minimum amount needed to be invested to maintain our service a minimum spend is required of $50 per device a year. If you do not top-up the minimum amount within this time period or the device is deemed inactive for more than 6 months your device will be de-activated and any credits lost. There will be a reactivation fee of $25 should you wish to start using the device again. We will contact you before de-activating your device using your e-mail address supplied when ordering.

3.On the unlimited credits package you consent to us automatically debiting your card with the total months payment so you receive uninterrupted service.

4. Should the item be returned and no manufacturing faults found in-line with our manufacturer’s warranty we reserve the right at our sole discretion to charge $50 restocking fee to cover costs of cancelling the Sim card in the device.

If your account runs out of credit, or a payment is not made on time, we reserve the right to suspend or terminate the Service. If you lose or forget your account access information, then we may not be able to recover any balances and you may need to set up a new account, and purchase a new SIM card from us.

PLEASE NOTE: our SIM cards are set up to work on our selected network within usa (or such other country as we may have agreed with you at the time of registration) (the “Base Network”.). Data roaming charges may apply for using another network or if you use the Device outside USA. Our roaming and top-up charges for use other than on the Base Network will be clearly published on this website or explained to you at the time of top-up or use on the other network.

Use of the tracking panel Service (starting from the date you register on this site) is included as part of our minimum top-up requirement; should the minimum top-up requirement not be met we reserve the right to make an annual charge, which will be notified to you in advance. VAT and similar taxes may be payable in addition. This charge will not be refundable if you stop using the Service part way through a year.

Changes to Terms of Use
mytrackingdevices.com LLC reserves the right, from time to time, with or without notice to you, to change these Terms  of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “service terms and conditions” located at the bottom of the first page of the trackinapack.com website. The most current version of the service terms and conditions will supersede all previous  versions. Your use of trackinapack.com website or continued use of our service after changes are made means that you agree to be bound by such changes.

Third Party Content
Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or rights in any confidential information or trade-secrets, in or relating to trackinapack.com or any component thereof, or the than the rights expressly licensed to you under this Agreement or in another mutually agreed upon, written agreement that you may have with mytrackingdevices.com llc. Apart from your right to view the third-party content, this License does not grant you the right to copy, distribute, prepare derivative works, publicly display, or make other use of such content. You are prohibited from engaging in or facilitating the unauthorized P2P file-sharing of third-party content, such as the unauthorized posting, making available, uploading, downloading or other distribution of such third-party content. Any rights not expressly granted herein are reserved.

Governing Law / Jurisdiction

This Agreement will be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the USA courts.

Idea and Product Submission Disclaimer

mytrackingdevices.com LLC is pleased to hear from its customers; however, we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through this website (“Communications”), including e-mails to mytrackingdevices.com LLC or trackinapack or postings on interactive portions of this website or our Twitter or Facebook page, shall be deemed and shall remain the property of mytrackingdevices.com LLC.

If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications.

mytrackingdevices.com LLC is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE mytrackingdevices.com LLC from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications.

By uploading or otherwise providing any Communications to this website or mytrackingdevices.com LLC, you hereby grant mytrackingdevices.com LLC, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.