GPS Home Europe Telematic Services Delivery Terms and Conditions
The GPS Home telematic services (hereinafter referred to as the Services) are delivered by UAB Astros Navigacijų Centras to private and legal entities (further referred to as the “User”) in accordance with the laws and regulations of the Republic of Lithuania and European Union and in accordance with these Terms and Conditions addressed to Users (hereinafter referred to as the “Terms and Conditions”).
1. Terms and definitions
The following terms and definitions (along with those above mentioned herein) shall apply within the present Terms and Conditions :
- Plan (Package) Activation – the selection of the telematic services Plan (service package) by the User and the connection to his Personal Account for further access to the Services;
- Acceptance – complete and unconditional User’s acceptance of the present Terms and Conditions by implementing all the implicit or explicit actions indicated in the article 2.3 herein.
- Billing system – the automated system of the Operator that supports accounting operations, services delivery and corresponding payments tracking;
- Login – a unique name specified by the User during the registration on the Server and further used for entering the Personal Account;
- Personal Account (Account) – a section allocated on the Server to the User for storing, reviewing and processing his information within the Services delivery agreement, including the User’s personal register of the analytical accounting in the Billing system designed for representing the Services delivery status and corresponding payments operations;
- Objects – people, animals, transport means or other physical bodies registered by the User in the Personal Account for the purpose of monitoring their location or any other purpose.
- Package – an additional set of Services limited by validation time and / or quantity that shall be once activated by the User and add the regular Services set used under the Plan. E.g., SMS Package activates the sending of a certain number of SMS-messages with the location information and GPS-position of the Objects;
- Server – the Operator’s software and hardware complex used for Services delivery to Users;
- Pricing Plan (Plan) – the combination of prices and conditions established by the Operator under which the Operator shall offer to the User to use the Services for the connected Objects;
- Terminal – a personal computer, a laptop, a smartphone or any other electronic device designed or adapted to display the information transmitted by the Server to the User within the Service delivery agreement;
- Tracker – any sort of electronic device belonging to the User or to the third party, and which is able to transmit information on its location to the Server;
- Services – the telematic services to control the remote Objects provided by the Operator in accordance with these Terms and Conditions.
2. General provisions
2.1. Under the present Terms and Conditions the Operator commits to delivering to the User the telematic services – access to the Operator’s Server via Internet in order to control and monitor the location of the remote Objects and to the history and analytical data of their relocation.
2.2. The Operator shall deliver the Services provided that the User accepts the present Terms and Conditions by the way defined in clause 2.3 herein.
2.3. The Acceptance hereof shall be recognized from the beginning of the usage of any Services by the User, including the registration on the Operator’s Server map.gpshome.eu or entering the Personal Account regardless of the real reasons for such registration or log-in.
2.3.1. Any person possessing the User’s login and passwords shall be the legal representative of the User and shall be in right to act on the User’s behalf. Should any third party have acquired the login and the password of the User illegally, the User is to immediately apply to the Operator and provide all the information requested by Operator for further identification and operative blocking the login.
2.3.2. Once the present Terms and Conditions are accepted (by Acceptance) the Agreement on Service Delivery shall be deemed to be concluded until a further notice.
2.3.3. This Agreement shall be terminated at any time by the mutual agreement of the parties or by unilateral initiative of either party. Upon termination of the Agreement, all obligations of the parties arising prior to the moment of termination shall be fulfilled (including obligations for payment of the Services).
2.3.4. The Operator shall have the right to unilaterally terminate the provision of the Services to the User and to remove the User’s registration from the Server in case this User has not used the Services for 24 months or more (i.e. there have been not any logging in to the Personal Account) and this User has no means on his Personal Account.
2.4. The present Terms and Conditions shall represent an integral part of the Service Delivery Agreement.
2.5. The present Terms and Conditions shall be published on the Operator’s website www.gpshome.eu in Terms and Conditions section and can be provided on request.
2.6. The Operator shall execute all necessary revisions and improvements of the Server for the best compliance with trackers and terminals if sufficient technical resources are available. However, the Operator shall not be responsible for the correct functioning of each dedicated tracker of the User and its compliance with the Server. It is fully User’s responsibility to select the tracker compatible with the Server and its correct setting, for this purpose there shall be available the corresponding documentation and recommendations from the Operator. In case incompatible tracker is connected to the server the User shall be able to replace or reconfigure this tracker as many times as needed, meanwhile the Operator shall in no case be due to pay the User back any amounts paid by the User under the Plans for the period when the incompatible tracker have been connected.
3. Connection and Use of the Services
3.1. In order to gain access to the Services, the User must register on the Server at www.gpshome.eu and obtain a Login (and Password) for further access to the Personal Account.
3.2. After getting access to the Services the User shall be able to connect a tracker compatible to the Server to his Personal Account and make all necessary adjustments.
3.3. Should the User fail to provide or provide misleading or unreliable data during the registration procedure, the Operator shall have the right to suspend services delivery to the User at any time.
3.4. The Operator shall be obliged to protect the confidentiality of the personal data received from the User (in case those have been transmitted) and to use them strictly in accordance with the laws.
3.5. The Operator shall provide technical support for the Services applying all tools and resources of the map.gpshome.eu website as well as by all the methods listed in the Support section of the website www.gpshome.eu.
3.6. The User undertakes not to use the Services for any activity prohibited by the Laws of any country in which the Services are applied.
3.7. The Operator shall have the right to suspend the provision of the Service to the User in the event that the User:
3.7.1. violates the present Terms and Conditions;
3.7.2. distributes any malicious software and/or spam mailings, any information that offends the third party, acts in the way violating copyrights of the third party via using Services;
3.7.3. conducts actions leading to malfunctioning of communication facilities and networks, including unauthorized access to the information databases of the Operator or the third parties;
3.7.4. provides unauthorized emailing, SMS or other types of messages in the purpose of advertising, commercial benefits and promo activity, as well as messages with offensive and cruel content. Mass-mailing shall be considered the distribution to multiple recipients as well as multiple mailing to only one recipient;
3.7.5. conducts any other actions violating the laws, regulations and/or the rights of the Operator and the third parties.
3.8. The Operator shall not be obliged to return any amounts paid by the User or written off from the User’s Personal Account prior the termination of provision of the Services fully or partially, in accordance with clause 3.9.
3.9. The Operator shall not be responsible for any limitation or termination of access to the Services arising from force-majeure circumstances, including war, military actions, embargoes, sabotages, fires, floods, explosions or any other natural disasters, deterioration of the electronic environment, accidents on public telephone networks, changes in the conditions of access to line-cable communication facilities, the adoptions by legal and government acts and laws making the provision of the Services impossible.
4. Pricing plans and payments order
4.1. Access to the Services shall be free of charge.
4.3. The User shall have right but not obliged to select the paid Service Plan (Package) for any of his Objects.
4.4. The paid Plan shall imply the advance payment (until the Plan or additional bilateral agreements establish otherwise) in accordance with the terms of the Plans and Packages selected by the User when connecting the Objects, and with Billing System’s data on the use of the Services and their payment. Terms, procedure and forms of payments shall be determined by the conditions under the selected Plan (Package) on the website www.gpshome.eu and shall be displayed the terminal screen when the Plan is connected.
4.5. In case the User manages more than a single Object there shall be the option for him to connect each Object under the selected separate Plan. The Packages shall apply to all the Objects until otherwise determined under the Package terms and conditions.
4.6. Payment terms and order:
4.6.1. The Operator shall register and take into account the receipt and debiting of funds in the account of payment of the Services on the User’s Personal Account (“Billing” section).
4.6.2. The User shall replenish (top-up) the Personal Account by means of cash or non-cash depositing in the way prescribed by the Operator and specify as the purpose of payment as follows: “GPS Home Personal Account top-up, account # (the User’s Personal Account No.)”, so that the Operator shall be able to precisely and timely register and accept the payment. Otherwise such payment shall not be accepted to the User’s Personal Account and remain unidentified.
4.6.3. In case the balance on the User’s Personal Account is negative the Operator shall have right to suspend the provision of the Services until such balance becomes positive and sufficient to continue servicing under the selected Plan (Package); the Personal Account of the User shall remain accessible for him meanwhile in this case.
4.6.4. The Operator shall debit the funds from the User’s Personal Account at the moment of activation or prolongation of the Service for the Objects under the selected Plans, as well as at the moment of activation of the selected Service Packages. If the funds on the Personal Account are insufficient to activate or prolong the service, then the writing-off shall not take place and Objects with non-extended service shall be transferred to the blocking status due to non-payment (data from the Trackers for this period shall not be stored by the Server).
4.7. The prices and terms of the Plans and Packages shall be established by the Operator on his own. The Operator shall have right to unilaterally change Plans with prior notification of the User in the manner specified in Clause 6.4 of the present Terms.
5. Territory of the Services
5.1. Services under the present Terms and Conditions shall be delivered globally provided that the corresponding trackers and terminals support all the necessary data delivery modes. A set of Services in some countries may be limited, some Services may not be available.
5.2. The Operator shall not guarantee and shall not be responsible for the accuracy of the maps selected by the User, and shall provide the service as it is.
5.3. The use of the Services may be subject to the regulation of local legislation in the country where the User is located. The User must independently investigate all the specifics of local laws and shall have right to warn the Operator about the possibility of their violation. In any case, the User shall fully bear responsibility for using the Services in his country. In the event of violation of laws by the User while using the Services, the Operator shall in no way be liable and responsible for the User’s actions.
5.4. Access to the Services may be limited or restricted due to the legislation and technical environment and circumstances of the country where the User is located. The Operator shall not be responsible for such limitaions and restrictions, which are beyond Operator’s influence.
6. Service cancellation
6.1. The User shall have right to cancel the use of the Services at any time.
6.2. In order to cancel the use of the Services, the User shall apply to the Operator in the prescribed manner from the Personal Account or via the registered in the Personal Account e-mail address with the corresponding application on cancellation of the usage of the Services, specifying the number of the User’s Personal Account and expressing his intention explicitly.
6.3. The Operator shall receive the confirmation of the User for the cancellation of the Services and delete after that the User’s Personal Account together with all the connections of his Objects.
6.4. The funds left on the Personal Account shall be returned to the User to the bank account specified by him. The Operator shall have right to withhold a commission sufficient to cover the costs caused by disconnecting the User from the Services and returning the funds to the User.
7. Additional provisions for SMS notification services
* This chapter is applicable only in the countries where SMS notification service is provided.
7.1. If the User connects the phone number for sending SMS notifications, he automatically agrees to the terms and conditions of this service.
7.2. SMS alerts provide sending information and service messages from the GPS Home server to the indicated mobile phone of the User or the third party.
7.3 The SMS-notification service is provided with the connection of the Plan which includes SMS-alerts option.
7.4. The User has the right to receive detailed information about SMS-alerts sent as well as on their billing. For
this purpose the corresponding subsection ‘SMS detailing’ is available within the ‘Technical reports’ section. In case of disagreement with the data, the User shall be able to contact the Operator’s Technical Support Service.
7.5. Sending SMS notifications shall be provided only to mobile phone numbers registered with the Russian Federation operators.
7.6. The User shall have no right:
7.6.1. to specify the telephone number of the third party for SMS-alerts delivery without his/her prior consent;
7.6.2. to use SMS notification service for sending spam and any mass-messaging (advertising or any other messages without the recipient’s prior consent).
7.7. In case the clause 6.6 is violated by the User, the Operator shall have the right to block the provision of services to the User and recover from him the corresponding damages, compensation for damages to a third party and other damages and losses, including lost benefits caused by this violation committed by the User.
7.8. The Operator shall not be bear any responsibility:
7.8.1. for receiving by the User or third parties SMS-alerts at night, as well as at other time periods when such SMS-notification could cause trouble or inconvenience to the User or a third party;
7.8.2. in case the mobile phone number to which SMS notification is configured has been transferred by the User or a third party to any other third party. The disconnection of the service in this case shall be made at the request of the owner of the mobile phone number provided that his ownership of this phone number is confirmed.
7.8.3. In case the User shall fail to receive SMS notifications due to the reasons which are beyond the Operator’s control, including (but not exclusively) untimely delivery or non-delivery of messages via the SMS gateway of the mobile operator.
8. Final provisions
8.1. The User shall confirm that he has read and agreed to the provisions of the present Terms and Conditions and to the terms of the selected Plans (Packages).
8.2. The Operator shall not be liable for any expenses of the User or damage to the User or third-parties due to the use or non-use of the Services, including the inability to use them for any reason, unless it is proved that the direct cause of the damage is the fault of the Operator. In any case, the Operator’s liability to the User shall not exceed the price paid by the User for the Services in the current month.
8.3. In the part not regulated by the present Terms and Conditions, the User and the Operator are guided by the laws and regulations of the Republic of Lithuania and European Union.
8.4. The present Terms and Conditions shall come into force from the moment of their publication on the Operator’s website www.gpshome.eu . The Operator shall have the right to unilaterally amend and supplement the present Terms and Conditions, prices and terms of the Plans and Packages with prior notification to Users by posting the corresponding information on the Operator’s website www.gpshome.eu 10 (ten) days before such changes take effect. Conditions are considered modified or canceled from the time specified in the relevant notice.
8.5. The User shall acknowledge that he has decided to use paid Plans solely because of the level of service provided by these Plans and this shall not limit his rights to free access to the Services.
8.6. In case a legal entity is looking forward to conclude paper bilateral agreement with the Operator, which is to be signed by the authorized persons from each side, it will contact the Operator. The bilateral agreement mentioned herein shall contain references to these Terms and Conditions that shall apply in all cases which are not covered by the provisions of the bilateral agreement.