Terms and Conditions
Terms and Conditions
1. Acceptance of terms
Geo Tracks makes information, products, and services available on this website (the ‘Site’), subject to the following terms and conditions of use (‘Website Terms’). Before using this site, please read these website terms carefully. Throughout the website terms, ‘we’,‘us’, and ‘our’ refer to Geo Tracks, and ‘you’ or ‘your’ refer to you personally (i.e., an individual who reads and agrees to be bound by these website terms), and, if you access this site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access the site.
2. General terms
2.1 Geo Tracks uses GPS, GPRS and M2M SIM card technologies along with its own exclusive software and development team to provide accurate location tracking that can be accessed through a live view web portal and a mobile device app (online platforms). Both Android and IOS systems are supported.
2.2 Any user of any element of the Geo Tracks hardware or online platforms
acknowledges that Geo Tracks is not responsible for third party systems whose failure would detract from the primary system, namely the GPS positioning system and the mobile network (not an exhaustive list) In the event of such a failure no liability will be attributed to Geo Tracks.
2.3 Any component part of the Geo Tracks hardware or online platforms should not be seen as a standalone safety system for any event/person but rather should be viewed holistically as part of a safe system of activity as directed by relevant risk assessments (as required under Health and Safety legislation in terms of event organisers) or at the discretion and determination of a personal private user(s)
2.4 Trackers work by accessing mobile signals within an area, therefore will only be able to be ‘live tracked’ when there is an active signal. As with any GPS or mobile data device, the accuracy of the location information depends on, amongst other things, the quality of the connection between the device, the GPS satellites and the connection with the mobile phone network. Network coverage and satellite signals are dependent on a number of factors not within the control of Geo Tracks including weather, topographical changes, changes to and support of network cellular technologies, the functionality of various satellites, cell towers and other factors (not an exhaustive list). The customer expressly agrees to indemnify and hold harmless Geo Tracks with respect to any loss that is attributable to the tracking unit not working, malfunctioning or failing attributable to any matter described in this clause (not an exhaustive list) and information can be delayed,
corrupted or lost. The information available via the online platforms 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 potentially subject to error. At best, the device is accurate to an area circa five (5) metres.
2.5 We do not indemnify 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. Geo Tracks will endeavor to fix faults as quickly as possible. Accordingly, Geo Tracks cannot accept liability for any loss or damage incurred by you or any third party using your device(s), 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 tracker(s) and the online platforms is not a substitute for care and supervision of the item or person to which the tracker is attached. It is your responsibility to ensure you have any relevant insurance and other control measures in place and to consider and decide whether the tracker and online
platforms are appropriate for your needs.
2.6 Customers will be responsible for determining mobile coverage within the area it is proposed to be used within.
2.7 Customers will be responsible for ensuring they have selected the appropriate tracking device for the use they require it for.
NB: you may be breaking data protection and other laws if you use the device to track a person without that person's consent. Geo Tracks cannot accept liability in respect of any such use.
2.8 Geo Tracks reserve the right to supply equipment which in appearance is cosmetically different from items depicted on the website but which have the same tracking functionality and connectivity with the online platforms.
2.9 Any software that is made available to download by or through this website is the copyrighted work of Geo Tracks its suppliers and/or its licensors. Your rights to access, download, and use any software made available for download from the site will be subject to your agreement to the terms and conditions of the software license agreement identified on the site and/or in the software. You may not install any software that is accompanied by or includes a Product Terms of Service unless you have agreed to the applicable Product Terms of Service. Except to the extent expressly permitted in any applicable Product Terms of Service, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the software.
2.10 For event organisers a specific contract will be provided outlining full details
However, in general, the following criteria will apply (not an exhaustive list): All payments are to be made in full prior to the event.
2.11 Organisers are responsible for posting back any trackers and other equipment supplied within 48 hours from the conclusion of the event. Late returns will incur a penalty fee. Any non return(s) of any tracker(s), accessory lead(s) or component(s) part thereof will be charged at full market value of the item(s).
2.12 Any breakages, losses or damage to any tracker, accessory lead or component part thereof must be paid for in full at the current market value.
2.13 Trackers will be supplied in batches of 10 (with a minimum order of 10, excluding individual hire).
2.14 Geo Tracks will provide support (specific details will be outlined in the contract agree and signed between Geo Tracks and the event organiser) as procured for the duration of the event.
2.15 Unlimited data for the tracker units will be provided for the duration of the event. For private individual purchases, an initial load of 500MB of data will be supplied with each unit. Subsequent data packages can be purchased through the Geo Tracks website.
2.16 The event organiser will be responsible for supplying Geofence data to Geo Tracks a minimum of one week (7 clear days) before the start of the event. Geo Tracks will accept no liability for data errors submitted by the organiser. Organisers will be responsible for submitting participant data to Geo Tracks a minimum of
48 hours before the commencement of the events. Competitor / bib numbers must
correspond with tracker numbers, i.e. Competitor number one has tracker number one and so forth.
4. No Liability for Third Party Content.
As part of the Services, Geo Tracks may provide links to sites on the Internet that are operated by unrelated Third Parties and contain certain Third-Party content. By clicking on or otherwise selecting any such external hypertext link, the customer acknowledges that they will be leaving the Geo Tracks Application and agrees that Geo Tracks shall not be responsible or liable, directly or indirectly, for any damage or loss caused by the use of any Third-Party Content. Geo Tracks assumes no liability for any third party content
5. Proprietary Rights.
Elements of the site are protected by copyright and intellectual property rights and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the site may be copied or retransmitted unless expressly permitted in writing by Geo Tracks. Nothing contained on the site should be construed as granting, by implication or otherwise, any license or right to use any of Geo Tracks trade names, without Geo Tracks express prior written consent. Geo Tracks trademarks, service marks, and product and service names are the intellectual property of Geo Tracks
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of England within the United Kingdom of Great Britain, recourse for any matter arising from or related to this Agreement shall exist solely and exclusively in England.
The Company nor any of its employees or agents shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay the Companys performance. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access as the customer and use of the Website and your ordering and use of the products, and supercedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters. Geo Tracks reserves the right to change any of the provisions posted herein and you agree to review
these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Geo Tracks does not and will not assume any obligation to provide you with notice of any change to this document.
Unless accepted by Geo Tracks in writing, these terms and conditions may not be
amended by you. Geo Tracks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or any service (or any part thereof). Geo Tracks shall not be liable to any user or other third party for any such modification, suspension or discontinuance.