Acceptance of the Terms
You must be of legal age in order to accept the Terms. If you do not agree to these Terms, do not use any of our Services. You can accept the Terms by registering in the Services or by actually using the Services.
Description of Services
TC provides an array of services for online location and tracking of the assets, people, vehicles, pets and other objects in the real-time, trip history overview, geo-based notifications, field task management, communication, fleet costs calculation, fuel consumption, vehicle maintenance scheduling, related Apps, tools and support services. You may use the Services for providing GPS tracking solutions for various vertical markets. You may connect to the Services using any Internet browser and mobile Apps supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
Service fees are charged on a monthly basis unless agreed otherwise between the Parties. Services are billed at the beginning of each month.
All payments should be cleared of any applicable taxes and fees for bank transfer (for payments made through the regular wire bank transfer). All the applicable taxes (such as VAT) should be paid by you according to your local legislation.
TC reserves the right to modify and change its fees and charges from time to time with the prior notice of at least 30 days before the changes come into effect by sending you an email.
By using TC third-party payment processors, you agree to their terms of service.
All fees and charges are non-refundable, which means that there are no refunds or credits for periods where you did not use the Services or used it partially.
Personal Information and Privacy
Subscription to Beta Services
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the right to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue to offer the Beta Services with or without notice to you. You agree that TC will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modifications to Services
TC reserves the right to modify the TC Services or any part of the Services from time to time without prior notice, including:
- rebranding the TC Services at its sole discretion;
- ceasing providing or discontinuing the development of any particular TC Service or part or element of the Services temporarily or permanently;
- taking such action as is necessary to preserve TC’s rights upon any use of the TC Services that may be reasonably interpreted as a violation of TC’s intellectual property rights or illegal activity.
If you continue the use of the TC Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications.
You may use TC Services for purposes identified in these Terms and applicable law. You are not allowed to:
- use the TC Services or any part or element of the Services to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
- copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the TC Services or any part or element thereof, or attempt to extract the source code thereof.
TC does not allow hidden tracking or tracking of a person without his/her permission, or assets without the owner’s permission.
You may terminate your use of the Services at any time by sending a notice to TC at least 30 days prior to the date of termination.
TC may unilaterally block your use of the Services including the suspension of access to your account if you fail to comply with or violate terms and conditions defined by the Terms of Service. In such a case, TC shall send you a notice prior to the date of termination.
In the event of termination, you will continue to be responsible for any fees and/or charges you have incurred prior to the termination.
Intellectual Property Rights
The TC Services, TC Materials, TC trade names and trademarks, and any parts or elements are solely and exclusively owned and operated by TC. TC Materials and any part of TC Services are protected by copyright, trade dress, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.
Your use of the TC Services and TC Materials, and any parts or elements does not grant you any ownership right or intellectual property rights. TC reserves all rights to the TC Services, TC Materials and TC trade names and trademarks not expressly granted in the Terms.
You agree to defend, indemnify and hold harmless TC and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the TC Services, TC Materials, representations made to the TC, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. TC reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify TC, and you agree to cooperate with such defence of these claims.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. TC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TC MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TC, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICES.
Limitation of Liability
YOU AGREE THAT TC SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
In the event of a dispute between you and TC on matters specified in the Terms of Service or in connection therewith, TC and you will take all measures to resolve them through negotiations.
If no settlement during negotiations, the dispute shall be resolved under the legislation of South Africa.