This Agreement for tracking services (“Agreement”) is made between “ODIN Tracking systems” (“ODIN”) and the user of the Tracking device (“Customer”). The Tracking Services (“Services”) provide object location and tracking from the Internet via the ODIN Tracking systems’ server and associated software of “ODIN Tracking systems”.
By accessing and using this service, you accept and agree to be bound by the terms and provision of this Agreement. In addition, when using these particular Services, you shall be subject to any posted guidelines or rules applicable to such Services. Any participation in this Service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
1. Governing Law
1.1. This Agreement is exclusively governed by the Dutch law.
1.2. The applicability of the Vienna Sales Convention is expressly excluded.
1.3. “ODIN Tracking systems” is based in the Netherlands and registered with the Chamber of Commerce in The Hague.
1.4. All disputes related to or arising from offers from “ODIN Tracking systems”, or Agreements concluded with it, will be submitted to the competent court in The Hague.
2. Entire Agreement
2.1. This Agreement may only be amended as described herein. If the terms of this Agreement conflict with or are inconsistent with the terms of any purchase order, local law of the Customer or document provided by the Customer, the terms of this Agreement shall control. If any part of this Agreement is found unenforceable or invalid, the balance of this Agreement shall remain intact.
3. Indemnification
3.1. Customer agrees to defend, indemnify, and hold “ODIN Tracking systems” and its affiliates harmless from claims or damages relating to (i) Customers breach of this Agreement or the Customers statements made in this Agreement and (ii) the use of the Devices or Services unless due to sole and/or gross negligence by “ODIN Tracking systems” or its affiliates. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by “ODIN Tracking systems” in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.
4. Device number
4.1. Your Device is designed exclusively for use on our network and in other coverage areas we make available to you. Except for any legal right we may have to port/transfer your Device number to another provider, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
4.2. In order to contact our customer service, the Customer must keep a unique ID number of the device. ODIN will make every effort and take the necessary security measures to ensure that access to your ID number is protected. The Customer is responsible for keeping the ID number of the device in secret.
5. Unlawful Use
5.1. Customer agrees not to use the Services or Devices for any unlawful or abusive purpose or in any way that interferes with ODIN Services or the Devices. Customer will comply with all laws while using the Services or Devices and will not transmit any communication that would violate any local law or international law. Resale of the Services or Devices is prohibited except by authorized Dealers. By using the Services and/or the Devices, Customer agrees to abide by the terms and conditions of any software license agreements applicable to any software associated with the Services or Devices.
6. Unauthorized Usage
6.1. Customer may not program or alter any of the Devices other than the normal programmable parameters of the Device. If any Device is stolen or Services used fraudulently, Customer must notify “ODIN Tracking systems”immediately and provide “ODIN Tracking systems” with such information and documentation as “ODIN Tracking systems” may request.
7. Restrictions on using services
7.1. You may not use our Services: to transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene; to track a person without his or her knowing consent; to track any asset, vehicle, or object without the asset, vehicle, or object owner's knowing consent; in a way that could cause damage or adversely affect our customers, reputation, network, property or Services; to communicate any unsolicited message; to infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code; or in any way prohibited by the terms of our Services, the Agreement or our Policies.
7.2. The Customer will not use the product to commit criminal offenses or wrongful acts or to damage others or third parties and the Customer indemnifies ODIN in this respect.
7.3. In the event of abuse with a particular Tracker, ODIN reserves the right to block the associated SIM card at any time.
8. Limitation of Liability
8.1. ODIN Tracking systems is not responsible and is never obliged to pay any compensation to the Customer or others for acts or omissions of any other service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of ODIN Tracking systems. ODIN Tracking systems is not liable for (i) service outages; (ii) incidental or consequential damages such as lost profits; (iii) economic loss or injuries to persons or property arising from the Customer’s use of the Services, the Devices or any other equipment used in connection with the Devices unless caused by the sole and/or gross negligence of ODIN Tracking systems; (iv) the installation or repair of the Devices; or (v) for any act associated with the proper exercise by ODIN Tracking systems of rights under the privacy and/or unauthorized usage provisions of this Agreement.
8.2. If ODIN is obliged for any reason to compensate any damage, this compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.
8.3. In all cases, the period within which ODIN can be held liable for compensation for established damage is limited to six months, counting from the moment the damage has been established.
8.4. ODIN is never liable for damage resulting from any defect, including so-called Bugs in the software or hardware used by ODIN. The question whether there is a defect or bug is solely at the discretion of “ODIN Tracking systems”.
8.5. The operation of the product partly depends on infrastructures such as GPS, GSM connection and internet connections that fall outside the sphere of influence of “ODIN Tracking systems”. ODIN is not liable for the proper and undisturbed functioning of these infrastructures and the peripheral equipment used or for failure or inaccessibility of or malfunctions in its system, or for any consequences thereof.
8.6. ODIN is also not liable for any damage caused by temporary or non-availability of the ordering option, inaccessibility or removal of (data) from the website due to maintenance or otherwise.
8.7. This site and its components, links or articles are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
9. Our right to change material Agreement
9.1. We may change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of service. We will provide you a notice of changes published on our site no later than 14 days before the changes become effective. Except as provided below, if a change we make to the Agreement is material and has a material adverse effect on you, you can stop using services provided by our device without incurring any costs. If any rate changes will be made, it will be published on the site.
10. Assignment
10.1. “ODIN Tracking systems” may assign all or part of the rights or duties of “ODIN Tracking systems” under this Agreement without such assignment being considered a change to the Agreement and may provide notice to Customer. As a result of any such assignment, ODIN shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of “ODIN Tracking systems”, which shall not be reasonably withheld.
10.2. ODIN may change, suspend or withdraw (parts of) the services at any time if this is necessary for the maintenance or protection of the services, this only at the discretion of “ODIN Tracking systems”. This also includes a temporary interruption of the services for carrying out maintenance, whereby this is made known in advance, unless it concerns such short or limited interruptions that a prior announcement thereof cannot reasonably be made.
11. Other services
11.1. Services provided by ODIN can be disturbed by external factors over which ODIN has no influence. Partly because of this, ODIN cannot guarantee the quality or the use of the services. ODIN is dependent on third parties (Other Parties) in the provision of its services, such as the suppliers of the hardware, the network of the mobile operator and the availability and quality of the GPS system that is sensitive to environmental factors. ODIN is never liable for defects in the products and services of these third parties.
11.2. Personal data is processed by “ODIN Tracking systems” as it is described in our Privacy Policy. ODIN concludes data processing agreements with all these parties in which the third party guarantees the privacy of the data. The Other Party bears the risk with regard to damage or loss of data or information or inaccuracies in the reports or data stored by ODIN or third parties ODIN can be not liable how other party fulfils its obligation, unless the damage or loss is due to gross negligence, gross negligence and / or intent of ODIN.
11.3. The reports or data generated on the basis of the goods delivered by “ODIN Tracking systems” may contain imperfections. This can be due to, among other things, no (full) GPS coverage, no (full) GSM / GPRS / UMTS coverage, irregularities in the power supply of the object in which the items are mounted, irregularities at the (internet) provider of ODIN or the Other Party or equipment used locally by the Other Party to gain access to the internet.
12.Guarantee
12.1. ODIN GPS tracker has the two-year guarantee period which starts from the day you received the product. You should therefore always keep your sales receipts and any delivery statements.
12.2. The legal guarantee covers any defects presumed to have existed at the time of delivery and which become apparent within a period of two years.
- Any fault that appears within 6 months will be presumed to have existed at the time of delivery. We will repair or replace your tracker free of charge, or reimburse you if repair or replacement is impossible.
- After 6 months, the Customer can still hold the seller responsible for any defects up to the end of the two-year guarantee period. However, the seller can ask you to prove that the defect existed when your goods were delivered.
12.3. Customer should first contact “ODIN Tracking systems” to explain the problem. If our customer service will not be able to help the the Customer, you will be asked to send us your device.You can choose whether to have a defective product repaired or replaced.
12.4. Within the guarantee period of two years, defective products will be repaired or replaced without any cost to you. However, we may wish to examine the GPS tracker to check whether it was defective when you bought it and that it was not negligently maintained.There can be no question of the guarantee if: the original invoice cannot be submitted, has been changed or is illegible; there is normal wear and tear, solely at the discretion of ODIN Tracking systems; if any changes have been made to the product, including repairs that are not authorized by “ODIN Tracking systems”; if defects are the result of improper use or misuse; if the damage was caused by intent, gross negligence or negligent maintenance; if connection plugs, connectors, wiring is damaged and / or changed.
13. The right of dissolution
13.1. The Customer can exercise his right of dissolution within fourteen (14) working days after delivery of the product without penalty and without giving reasons. Only when the product and the packaging are in original, complete, undamaged condition, can a right of dissolution be claimed after contacting and consulting with “ODIN Tracking systems”. All accompanying documentation, warranty certificates and packaging materials must be enclosed with the return shipment.
13.2. ODIN Tracker has an international SIM Card inside. As soon you will pair your device with your telephone, GPS coordinates will be sent to the device and internet traffic will be used. That is why you will be asked to give your consent that you are aware that you will activate and start using the device and you agree that once you have turned on the device and paired with your phone, the right of dissolution referred to in Article 13.1 will lapse.
13.3. “ODIN Tracking systems” reserves the right not to accept a product back without accompanying documentation, product which was used or damaged.
13.4. In the event of termination, the Consumer Buyer is obliged to return the product received to “ODIN Tracking systems” within fourteen (14) days after the termination in the condition in which the Consumer Buyer received the product. The costs for returning the product are for the account of the Consumer.
13.5. “ODIN Tracking systems” is never liable for any damage, including theft or loss, that occurs when the packaging or the product is returned.
14. Warranties
14.1. ODIN makes no express warranties regarding the Services and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose. ODIN does not authorize anyone to make any warranties on its behalf and Customer should not rely on any such statement.
15. Termination of service
15.1. We can, without notice, suspend or terminate any Service at any time for any reason without notice, including, but not limited to late payment; harassing/threatening our employees or agents; providing false information; interfering with our operations; using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement or applicable state or international laws; breaching the Agreement, including our Policies; providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; modifying a Device from its manufacturer specifications; or if we believe the action protects our interests, any customer's interests or our network.
16. Force Majeure
16.1. “ODIN Tracking systems” shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is:
- beyond the reasonable control of a party,
- materially affects the performance of any of its obligations under this agreement, and
- could not reasonably have been foreseen or provided against, but
- will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
16.2. A typical list of force majeure events might include war, riots, fire, flood, hurricane, pandemic, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the contract.
17. Intellectual Property
17.1. The Site and its original content, features, and functionality are owned by “ODIN Tracking systems” and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Intellectual property rights are understood to mean patent, copyright, brand, drawing and design rights and / or other (intellectual property) rights, including technical and / or commercial know-how, methods and concepts that can be patented or not.
17.2. The Customer explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the products and / or the internet site are held by ODIN, its suppliers or other entitled parties.
17.3. The Buyer is prohibited from making use of and / or making changes to the intellectual property rights as described in this article, such as multiplication without the express prior written consent of ODIN, its suppliers or other entitled parties, unless it is purely a matter of private use of the product itself.
18. Changes
18.1. “ODIN Tracking systems” may amend the terms of this Agreement upon written notice to Customer if amendment is significant. If Customer does not agree to the amendment, Customer may terminate this Agreement by providing written notice to “ODIN Tracking systems” within fourteen (14) days of the date the notice was published. If Customer does not agree with the amendment but wants to continue Services, ODIN Tracking systems will continue to provide Services for the term of the original Agreement provided Customer mails written notice to ODIN withinfourteen (14) days of the date the amendment was mailed by “ODIN Tracking systems”. If Customer continues to use the Services more than fourteen (14) days after “ODIN Tracking systems” mails notice of an amendment, Customer will be deemed to have agreed to that amendment.
18.2. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by email will be made to those affected by the change. Any changes to our privacy policy will be posted on our site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
19. Fair Use Policy
19.1 Fair use policy is a means to monitor and control international bandwidth capacity to give all users fair access to the available capacity. If you seem to be using much more data than an average user, we will inform you by notification. If you will be using 5 times more data than an average user, Odin will send you a notification. 5 times is only a warning. If 10 times more data than an average user will be used, ODIN Tracking systems reserves the right to limit your Internet data usage of the ODIN tracker. In our notification message an offer can be made for the user to purchase additional data bundles.
19.2 “ODIN Tracking Systems” reserves the right to measure your (data) traffic in order to determine whether you comply with our Fair Use Policy. We can take measures to limit or prevent (possible) abnormal use or abuse. An example of this is the measure that your real time tracking session lasts longer than 24 hours. “ODIN Tracking Systems” can take the measure to temporarily disable the Service.
19.3 In the case if your use of the ODIN tracker objectively wil be classified as abnormal use or abuse, “ODIN Tracking Systems” can:
- request you to clearly demonstrate that there is no abnormal use or abuse; and / or
- (partially) decommission of the Service (s); and / or
- temporarily limit the speed or quality of the Service; and / or
- charge the regular rates and / or the maximum regulated rate for Roaming traffic;
- terminate the agreement with you.