Effective: Marc, 2013. JUMPERTRAX PTY LTD. reserves the right to change these terms and conditions at any time. Updates will be posted to http://www.JUMPERTRAX.com.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ANY PRODUCT SOLD BY JUMPERTRAX PTY LTD. (INDIVIDUALLY REFERRED TO AS THE “JUMPERTRAX PRODUCT” AND COLLECTIVELY REFERRED TO AS “JUMPERTRAX PRODUCTS”) AND THIS SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE LIMITATIONS ON USE AND SERVICE CONTAINED IN SECTIONS 1.3, 1.4, 2, 5, 6 AND 8, THE DISCLAIMER OF WARRANTY IN SECTION 5, THE REQUIREMENT OF BINDING ARBITRATION IN SECTION 10.4, AND SPECIFIC EXCEPTIONS CONTAINED IN SECTIONS 1.4, 2.1, 2.2, 2.3, 2.4, 2.5, 6, 8.1, 8.3, 9.2, 9.4 AND 9.7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE JUMPERTRAX PRODUCT OR THE SERVICE. YOU MAY, WITH THE PROOF OF PURCHASE, RETURN THE JUMPERTRAX PRODUCT TO THE LOCATION FROM WHICH IT WAS PURCHASED.
You understand and agree that:
1.1 Agreement. The JUMPERTRAX Service Agreement (“Agreement”) between you and JUMPERTRAX PTY LTD. or the appropriate affiliated company for your region as specified in Sections 12 or 13 (for convenience referred to as “JUMPERTRAX”) consists of the service plan(s) to which you have subscribed (collectively, “Service Plans”), these General Terms and Conditions (“General Terms”), and any addenda that have been included with these General Terms. The Agreement period (“Term”) starts when you first activate your JUMPERTRAX Basic Service (as defined in Section 2.1 herein).
1.2 Changes. JUMPERTRAX may change the General Terms or pricing for Services (as defined below) at any time. When JUMPERTRAX makes changes, JUMPERTRAX will give notice to you by posting the changed General Terms to http://www.JUMPERTRAX.com. JUMPERTRAX may also notify you directly of a change, but JUMPERTRAX is not obligated to do so unless the change is a price increase. You accept responsibility for being fully informed of the changing content of http://www.JUMPERTRAX.com, including changes in the General Terms and the Service Plan. If JUMPERTRAX makes changes that are not acceptable to you, you may terminate the Agreement without charge by giving written notice of cancellation pursuant to Section 3.4 within thirty (30) days after the date the unacceptable change was posted. If you do not give written notice within thirty (30) days, you shall be deemed to have accepted the change, effective on the date of its posting. You agree that you cannot change this Agreement and that no statement or representation (oral or written) of any sales agent, distributor, representative or employee of JUMPERTRAX made to you can change this Agreement.
1.3 Coverage. You may use your JUMPERTRAX Product anywhere there is coverage (subject to any applicable restrictions due to local laws, licensing requirements and regulations). Coverage areas may change from time to time, but typically include virtually all of the SOUTH AFRICA and NAMIBIA. Please check http://www.JUMPERTRAX.com for the current coverage areas.
1.4 Limitations. Our devices could be affected by the following conditions (i) the condition of your JUMPERTRAX Product; and (ii) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond JUMPERTRAX’s or the Satellite Systems’ control.
2. SERVICE. You must at a minimum subscribe to the JUMPERTRAX Basic Service to utilize your JUMPERTRAX Product, including the SOS feature. You may also select additional bundled and/or optional services. Collectively, all of the Services presented in this Section 2 are referred to throughout this Agreement as “Services”.
2.1 JUMPERTRAX Basic Service. The JUMPERTRAX Basic Service includes Check-in/OK, Help and SOS messages
2.1.1 SOS Emergency. This is included as part of your JUMPERTRAX Basic Service. With a current JUMPERTRAX Basic Service subscription, you may use your JUMPERTRAX Product for emergency purposes. JUMPERTRAX has no rescue services which can be deployed by JUMPERTRAX.
188.8.131.52 SOS Monitoring. JUMPERTRAX transmits SOS Emergency Signals received, along with applicable Registration Data information and available location coordinates.
184.108.40.206 False SOS Emergency Transmissions. N/A
2.2 Unauthorized Movement. Unauthorized Movement is available to JUMPERTRAX users and is included in the JUMPERTRAX Basic Service for such users.
2.3.1 False Unauthorized Movement.
2.3 Sensor Alerts. Sensor Alerts is an optional service available to JUMPERTRAX users.
2.4 Track Progress Service.
2.5 JUMPERTRAX Services. If you have an emergency where you are seriously injured or your life is threatened, including due to the threat of prolonged exposure, you should utilize your SOS button to request emergency assistance.
2.6 JUMPERTRAX Shared Pages. You may also choose to display your messages and waypoints via the JUMPERTRAX Shared Pages. JUMPERTRAX Shared Pages MAY NOT be used as a way to commercially track assets and/or personnel. If you choose to display your messages via the JUMPERTRAX Shared Pages, you may set the level of privacy (either by limiting access to those that you specify or by making the JUMPERTRAX shared page public and visible to all). If you do not agree with these privacy terms, do not use the JUMPERTRAX Shared Pages.
2.7 JUMPERTRAX Equipment Replacement Program. Please see the JUMPERTRAX Equipment Replacement Program Extended Limited Warranty or Service Contract for the applicable terms and condition. Pricing and terms may vary. We do not Guarantee replacement always.
2.8 Additional Services. Additional bundled and optional services may be added to your Basic Service. We offer Roaming services on our devices at your own cost. Please contact our Roaming support center at email@example.com.
3. PLAN. Your Service Plan consists of the JUMPERTRAX Basic Service and any bundles or optional services selected by you either when you activate your JUMPERTRAX Product or any that you may add during your Term.
3.1 Term. You agree to remain as a subscriber for the minimum period stated in your Service Plan’s Term, or if no Term is specifically stated in your Service Plan, for a Term of twelve (12) months starting on the date of service activation. Available Service Plan terms may include: a yearly term with prepayment in full, a yearly term with prepayment prior to each service month or a pre-monthly payment plan.
3.2 Renewal. All Service Plans automatically renew at the end of their Term for an additional one (1) year Term unless you cancel by notifying JUMPERTRAX as provided in Section 3.4. Where required by law, JUMPERTRAX will provide you with advance notice of the renewal of your Service Plan. All Service Plans are pre paid plans.
3.3 Non-Refundable. Pre-paid Service Plan fees are non-refundable unless JUMPERTRAX cancels the service, in which event you will receive a pro rata refund for airtime for the unused portion of the Service Plan. Pre-paid Service Plans may not be transferred to a third party account; however, upon your request, they may be transferred to another JUMPERTRAX Product within your own account.
3.4 Cancellation. To cancel your Service Plan, you must notify JUMPERTRAX in writing within thirty (30) days prior to the end of your Service Plan’s Term, or within thirty (30) days of JUMPERTRAX posting a change to this Agreement which you do not accept. To notify JUMPERTRAX in writing, you must email your notice of cancellation to www.contracts@JUMPERTRAX.com and provide your name, your address and the device ID from the JUMPERTRAX Product for which you want to cancel Services. The device ID for your JUMPERTRAX Product is located in the battery compartment, next to the battery of your JUMPERTRAX Product or in the box.
3.5 Changes to Services. You agree that JUMPERTRAX or its service providers ( Google Maps™) (collectively, the “Service Providers”) may make changes to the Services in order to comply with applicable laws, to maintain or improve the Services or for other business reasons, in their complete discretion, without notice to you and without liability for any changes in your ability to use the Services or the JUMPERTRAX Products, including compatibility issues with the JUMPERTRAX Products, as a result of such changes.
3.6 Termination by JUMPERTRAX. You agree that JUMPERTRAX may terminate this Agreement and the provision of Services to you at any time without notice or liability to you and for any reason.
3.7 Your Responsibility Post-Cancellation or Termination by JUMPERTRAX. Your JUMPERTRAX Product can only transmit data; it cannot receive data. This means that JUMPERTRAX cannot simply send a command to your JUMPERTRAX Product to prevent it from sending data over the GSM network. Therefore, if your Service is canceled pursuant to Section 3.4 or terminated pursuant to Section 3.6, then you agree to immediately disable the power source from your JUMPERTRAX Product (either by removing the batteries or the power line). This action is necessary to ensure that your JUMPERTRAX Product no longer sends information over the satellite network. If you fail to do so, additional charges will apply and JUMPERTRAX shall have such other rights and remedies against you as may be available for such failure.
3.8 Additional Charges. Your cell phone service provider and/or internet provider may charge you or your recipients additional fees in relation to any, social connectivity messages and/or other e-mails and/or data (collectively “Data Plan Fees”) sent by you. Please familiarize yourself with any such applicable plans, Services and associated fees before using your JUMPERTRAX Product. You are responsible for any such applicable charges and fees.
4.1 Timely Payments. You agree to pay, on time, any applicable activation, usage, cancellation, and disconnection fees, plus any applicable taxes, as provided in your Service Plan. Since your Service Plan will renew automatically at the end of each term, JUMPERTRAX will bill your credit card at the time of renewal, or within thirty (30) days prior to the renewal, of each subsequent service term in accordance with the terms of your Service Plan. The applicable currency for your region is specified in Sections 11 through 14. This bill is due and payable in the currency specified in your Service Plan. If your plan specifies monthly billing, then the monthly recurring charges are billed monthly in advance.
4.2 Late Payments. You agree to pay a late charge of the lesser of (i) 1.5% per month or (ii) the maximum legal rate if your bill is not paid within ten (10) days after the due date. This late charge is applicable to the unpaid balance as of the due date and will be billed on subsequent invoices and statements. You agree to pay JUMPERTRAX all of JUMPERTRAX’s collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by JUMPERTRAX in exercising any of its rights under this Agreement. JUMPERTRAX may suspend the Services in the event of late payment.
4.3 Promotions. If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion. You agree to the terms of the promotion, including any time limitations, and you agree to provide your credit card information for any additional services and to extend the Services beyond the promotional period.
4.4 Data Transmission / No Credits. JUMPERTRAX makes no representation as to the success of any data transmission. Regardless of whether a data transmission is successful, no refunds will be given. In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), satellite communications systems have inherent characteristics that can create dropped data transmissions. Dropped data transmissions, regardless of whether “SOS,” “Help or JUMPERTRAX Assist,” “Check-in/OK”, “Custom Message”, “Track Progress” or other data transmission, will not be credited regardless of cause. Nor shall JUMPERTRAX be liable for any damages that may result from such dropped data transmission, including dropped or delayed message(s) or e-mail(s) to your contacts on your message profiles, failure of Google Maps™ display and/or dropped or delayed SOS Emergency Signals.
4.5 Taxes. Your Service Plan price for the Services does not include sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. You are required to pay these taxes.
4.6 Credit Approval / Credit Card Trial Authorization. Initiation or continuation of the Services is subject to credit approval by JUMPERTRAX and requires direct payment by credit card or an authorized guarantee of payment by a valid accepted credit card. Credit cards from outside of SOUTH AFRICA will be accepted only after verification with the issuing bank. If you are a customer whose billing address is located outside of SOUTH AFRICA or a customer without established credit, JUMPERTRAX may not allow you to participate in a Service Plan with monthly pre-payment. Instead, JUMPERTRAX may require that you prepay the first full year. Verification of credit cards issued by banks outside of the SOUTH AFRICA may delay order processing. JUMPERTRAX may decline any credit card transaction. JUMPERTRAX may seek authorization of your credit card account prior to your first activation/purchase to validate that you can charge the applicable fees to access the Services. By authorizing JUMPERTRAX to charge a credit card trial authorization for the fees associated with your subscription, you are authorizing JUMPERTRAX to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs JUMPERTRAX of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize JUMPERTRAX, or any other company that acts as a billing agent for JUMPERTRAX, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. This authorization amount is typically the equivalent to ten (10) cents. It is not a charge but may appear to reduce your available balance by the authorization amount until your card’s next billing cycle. Please contact your card issuer if you have additional questions regarding when this amount will be removed from your statement.
4.7 Credit Card Authorization. BY AUTHORIZING JUMPERTRAX TO DEBIT YOUR CREDIT CARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDIT CARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. YOU GRANT JUMPERTRAX ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WITH, THE SERVICE PLAN, OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY, AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT JUMPERTRAX REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. JUMPERTRAX SHALL HAVE THE RIGHT TO CONTINUE TO MONITOR YOUR CREDIT RATING AND CREDIT HISTORY DURING THE TERM. further, you authorize JUMPERTRAX OR THE AFFILIATE COMPANY IDENTIFIED FOR YOUR REGION IN SECTIONS 12 AND 13 TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEW YOUR SERVICEs PRIOR TO THE START OF EVERY SERVICE TERM, UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICEs IN ACCORDANCE WITH SECTION 3.4.
4.8 E-commerce Purchases. If you purchased your JUMPERTRAX Product and/or service certificates at http://www.JUMPERTRAX.com, the JUMPERTRAX e-commerce cart provided you with as estimate of the approximate charges based on the JUMPERTRAX Product(s) and/or accessories purchased. However, the taxes you will be/have been charged are the actual taxes applicable for your location based on the JUMPERTRAX Product (s) and/or accessories purchased. JUMPERTRAX will post this actual tax amount, which may be more or less than the estimated taxes, to your account, and you are responsible for payment of such additional amount.
4.9 Returns. Should you need information on how to return an unopened JUMPERTRAX Product and/or accessories purchased from http://www.JUMPERTRAX.com and/or unused service certificates, please see the FAQ section of http://www.JUMPERTRAX.com for full information on returns and shipping, as well as general information.
5. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
5.1 Limited Warranty for the JUMPERTRAX Product. THE LIMITED WARRANTY ACCOMPANYING YOUR JUMPERTRAX PRODUCT IS THE ONLY WARRANTY PROVIDED IN RELATION TO YOUR JUMPERTRAX PRODUCT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE JUMPERTRAX PRODUCT IS AT YOUR SOLE RISK OTHER THAN SUCH LIMITED WARRANTY. EXCEPT AS SPECIFIED IN THE LIMITED WARRANTY, JUMPERTRAX DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES FOR YOUR JUMPERTRAX PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES REGARDING THE CONDITION, DESIGN, SPECIFICATIONS, WORKMANSHIP,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR JUMPERTRAX PRODUCT, OR ANY WARRANTIES YOU’RE YOUR JUMPERTRAX PRODUCT IS FREE FROM LATENT DEFECTS OR DEFICIENCIES, OR THAT YOUR JUMPERTRAX PRODUCT IS FREE FROM INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR PROPRIETARY RIGHT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JUMPERTRAX OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITED WARRANTY.
THE APPLICABILITY OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY VARY FROM STATE TO STATE AND/OR FROM COUNTRY TO COUNTRY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE LAW, JUMPERTRAX LIMITS THE DURATION OF ANY IMPLIED WARRANTIES TO THE DURATION OF THE LIMITED WARRANTY FOR THE APPLICABLE JUMPERTRAX PRODUCT.
The terms and conditions of the applicable Limited Warranty for your JUMPERTRAX Product may be updated by JUMPERTRAX at anytime and without notice. If there is any conflict between the terms contained in this Agreement and the terms contained at http://www.JUMPERTRAX.com/warranty, then the terms contained at http://www.JUMPERTRAX.com/warranty shall supersede and replace the terms contained in this Agreement.
5.2. Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY ASSOCIATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY JUMPERTRAX AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. JUMPERTRAX AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE GSM SYSTEMS USED BY THE JUMPERTRAX PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR HELP TRANSMISSIONS. JUMPERTRAX AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. JUMPERTRAX AND THE SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE JUMPERTRAX PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS AND/OR JUMPERTRAX ASSIST HELP TRANSMISSIONS.
6. LIMITATION OF LIABILITY.
6.1 TO THE FULLEST EXTENT PERMITTED BY LAW, JUMPERTRAX AND ITS SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ANY LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE JUMPERTRAX PRODUCT OR SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICES) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES. JUMPERTRAX AND ITS SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGIENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS, THESE SERVICES OR THE SOS EMERGENCY MONITORING AND RESPONSE PROVIDED BY GEOS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY:
6.1.1 MATTERS OUTSIDE OF JUMPERTRAX’S OR ITS SERVICE PROVIDERS’ AND THEIR AFFILIATES’ REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR
6.1.2 FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR
6.1.3 FAILURE, DELAY OR INACCURACY OF THE JUMPERTRAX PRODUCT TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNAL(S), JUMPERTRAXASSIST TRANSMISSIONS, AND/OR LOCATION COORDINATES, OR
6.1.4 FAILURE OF OR DELAY IN THE GSM SYSTEM AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS EMERGENCY SIGNAL(S), JUMPERTRAXASSIST HELP TRANSMISSIONS, LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND/OR GOOGLE MAPS™ DISPLAY, AND TO TRANSMIT SUCH TRANSMISSIONS TO THE IDENTIFIED POINTS OF CONTACT OR
6.1.5 FAILURE OF OR DELAY IN YOUR E-MAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR
6.1.6 FAILURE OF OR DELAY IN THE JUMPERTRAX PRODUCTS TO TRANSMIT ANY JUMPERTRAX MESSAGE(S) TO THE JUMPERTRAX COMMUNICATOR; OR
6.1.7 FAILURE OF OR DELAY IN YOUR SMARTPHONE TO TRANSMIT ANY JUMPERTRAX MESSAGE(S) TO THE JUMPERTRAX CONNECT; OR
6.1.8 FAILURE OF OR DELAY ON BEHALF OF THE JUMPERTRAX SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICES FOR WHICH EACH IS CONTRACTED; OR
6.1.9 FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR
6.1.10 FAILURE TO PROPERLY INSTALL OR CONFIGURE THE JUMPERTRAX PRODUCTS, INCLUDING JUMPERTRAX AND ITS ASSOCIATED DOOR, LOW VOLTAGE AND HIGH WATER SENSORS; OR
6.1.11 FAILURE OF JUMPERTRAX OR ITS SERVICE PROVIDERS TO PROVIDE THE SERVICE(S), INCLUDING SOS EMERGENCY SERVICES, DUE TO THE SERVICE(S) HAVING BEEN CANCELLED PURSUANT TO SECTIONS 2.3.1, 3.4 OR 3.6; OR
6.1.12 NON-COMPATABILITY OF JUMPERTRAX PRODUCTS WITH SMARTPHONE OPERATING SYSTEMS AND THIRD PARTY SOFTWARE; OR
6.1.13 FAILURE OR INADEQUACY OF POWER SUPPLY FOR JUMPERTRAX PRODUCTS AND/OR ASSOCIATED PRODUCTS, THIRD-PARTY ACCESSORIES AND SMARTPHONES).
6.3 IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF JUMPERTRAX AND ITS SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT OF THE FEE FOR SERVICES PAID BY YOU.
6.4 THE LIMITATIONS IN THIS SECTION 6 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.
7. YOUR JUMPERTRAX PRODUCT.
7.1 Your JUMPERTRAX Product. All JUMPERTRAX Products aremanufactured in China for JUMPERTRAX PTY LTD., headquartered at Pretoria, SOUTH AFRICA.
7.2 Copyrights, Intellectual Property, Patents and Documentation. © JUMPERTRAX PTY LTD.. All rights reserved. The JUMPERS, JUMPERTRAX GSM GPRS PRODUCTS™, JUMPERTRAX Satellite Communicator™, JUMPERTRAX™ are the property of JUMPERTRAX. All JUMPERTRAX products described herein are the products of JUMPERTRAX PTY LTD. Facebook, Twitter and all other trademarks are the property of their respective owners. As between you and JUMPERTRAX, you agree that JUMPERTRAX owns all intellectual property relating to your JUMPERTRAX Product and/or associated software, and you shall not attempt to challenge the validity or enforceability of any such rights. The documentation, including all documentation incorporated by reference herein, such as documentation provided or made available at http://www.JUMPERTRAX.com, is provided “AS IS” and “AS AVAILABLE” and without condition, endorsement, representation or warranty of any kind by JUMPERTRAX or its affiliates. JUMPERTRAX assumes no responsibility for any typographical, technical, or other inaccuracies, errors, or omissions in this documentation. In order to protect JUMPERTRAX intellectual property, this documentation may describe some aspects of JUMPERTRAX intellectual property in general terms. JUMPERTRAX reserves the ability to amend this documentation from time to time without notice to you; however, JUMPERTRAX makes no commitment to provide any such changes, updates, additions, enhancements or other amendments to the documentation to you in a timely manner or at all.
7.3 Software License. The software (including firmware) included in your JUMPERTRAX Product is licensed to you, not sold. You are granted a limited, non-transferable, non-exclusive license to use the software in connection with your use of your JUMPERTRAX Product in accordance with the Agreement. If your JUMPERTRAX Product requires that you agree to a separate End User License Agreement, then you agree to be bound by the terms of the End User License Agreement.
7.4 Support and Customer Service. You can find more information about your JUMPERTRAX Product and the Services at http://www.JUMPERTRAX.com.
8. YOUR OBLIGATIONS.
8.1 Familiarization with your JUMPERTRAX Product. You agree to familiarize yourself with the operation of your JUMPERTRAX Product, including reading your JUMPERTRAX User Guide. You agree you will use the JUMPERTRAX Product only in accordance with those instructions. JUMPERTRAX strongly recommends that you also view the FAQs available on http://www.JUMPERTRAX.com and practice properly/
8.2 Personal Use. Your Service Plan is for personal, recreational or non-commercial use only. You shall not sell, rent, lease or otherwise charge for the JUMPERTRAX Product and/or the Services or any information or services associated with or derived from the JUMPERTRAX Product and/or the Services. The only exceptions are the approved commercial uses described in Section 8.3 herein and pursuant to the restrictions in Section 8.4 and 8.5 and additional obligations described in Section 8.6.
8.3 Authorized Commercial Use. In addition to your non-commercial use, JUMPERTRAX has approved the following commercial uses under your Service Plan: 1) rental and/or provision of the JUMPERTRAX Product and/or the Services where the end customer is using the messenger for his or her personal, recreational and non-commercial use; or 2) lone worker applications where the JUMPERTRAX Product and/or the Services is being used by individual workers for their personal use; or 3) mass activations by companies and/or organizations in which each user is using the device for his or her personal use. If you engage in a permitted commercial use, you agree to maintain adequate liability insurance and to indemnify JUMPERTRAX and the Service Providers against any claims, loss or damages caused or incurred by your authorized users. You are also responsible for the compliance with this Agreement by your authorized users. In addition to these authorized commercial uses, JUMPERTRAX may approve additional uses on a case-by-case basis. Separate price plans may apply. Please contact JUMPERTRAX JTsupport@JUMPERTRAX.com should you wish to utilize your JUMPERTRAX Product for commercial use.
8.4 Restriction Prohibiting Tracking of Personnel and/or Assets. Your JUMPERTRAX Product may not be used at any time or under any circumstances for the commercial tracking of personnel or assets without there approval. Unauthorized commercial use will result in penalties. JUMPERTRAX may also immediately terminate the Services without refund and exercise all other remedies available.
8.5 Misuse. You agree that you will not use the Services or the JUMPERTRAX Product to abuse or misuse the SOS Emergency services, to utilize your JUMPERTRAX Product for the commercial tracking of assets, to transmit viruses or other disabling, damaging or harmful code, for any purpose in violation of law, in any manner that infringes or misappropriates third party rights, or in any manner which overloads or unreasonably interferes with the Services or the Satellite Systems. You agree to use the Services only with the JUMPERTRAX Product and not to use any other equipment in connection with the Services unless expressly approved by JUMPERTRAX. Failure to adhere to these restrictions may result in termination of this Agreement by JUMPERTRAX, and JUMPERTRAX may exercise all other remedies available.
8.6 Authorized Users. You are solely responsible, and assume any liability, for any user authorized by you to utilize the JUMPERTRAX Product and/or the Services. You are also responsible for the compliance with this Agreement by your authorized users. In addition, you agree to pass usage instructions and Service Plan terms and conditions to all of your authorized users.
8.7 Lost, Stolen or Destroyed JUMPERTRAX Products. You are responsible for use by anyone else of your JUMPERTRAX Product, and you will immediately contact JUMPERTRAX JTlegal@jumpertrax.com if your JUMPERTRAX Product is lost, stolen or destroyed. You are responsible for the cost of replacing your JUMPERTRAX Product and for all fees and charges incurred before you notify us and for two hours thereafter.
8.8 Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless JUMPERTRAX and the Service Providers and each of their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or in connection with (i) your or anyone’s use of your JUMPERTRAX Product, the Services and any associated software, (ii) any breach of any of the terms and conditions of this Agreement, (iii) any injury or death to you or loss of property, or (iv) any negligent, reckless or tortuous act or omission committed by you or any authorized user.
9. JUMPERTRAX User Account, Websites.
9.1 JUMPERTRAX Websites. Your use of the JUMPERTRAX websites, including the JUMPERTRAX Shared Pages, http://www.JUMPERTRAX.com and your JUMPERTRAX user account and/or any microsite applicable to your region, including the use of Google Maps™ features, is governed by the terms and conditions of use contained on each such website, including the terms and conditions governing your use of the embedded Google Maps™ software as specified http://maps.google.com/help/terms_maps.html and the General Public License governing the use of the embedded open source software.
9.2 Complete and Accurate Information. You acknowledge and accept that the information required in your JUMPERTRAX user account, including your Registration Data, contact information, designated contacts, social connectivity settings, supported services, is essential for proper provision of the Services. You accordingly certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information supplied by you remains accurate, complete and up to date. Changing your address from one country to another country may require service level changes and might incur additional charges on your account. When composing JUMPERTRAX messages, you acknowledge and agree that it is your sole responsibility to ensure that you select the intended designated contact from your available contacts and are satisfied with the content of your JUMPERTRAX message prior to sending it. Please contact support for assistance.
9.3 Synchronization of Data
9.4 Content License from You. You agree that you are solely responsible for (and that JUMPERTRAX has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and any associated software and for the consequences of your actions by doing so. You acknowledge that the JUMPERTRAX messages may include your location information. You acknowledge and agree that by submitting, posting or displaying the content you give JUMPERTRAX a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services and any associated software. Furthermore, you agree that this license includes a right for JUMPERTRAX to make such content available to other companies, organizations or individuals as required for the provision of the Services, including www.geocaching.com and/or any social connectivity sites designated by you. In order to provide the Services, JUMPERTRAX may be required to transmit or distribute your content over various public networks and in various media. JUMPERTRAX may also be required to make changes to your content if so required by the technical requirements of connecting networks, devices, services or media.
9.6 Web Browsers. You must have a compatible web browser to access your JUMPERTRAX user account via the internet at http://www.JUMPERTRAX.com. The following are compatible web browsers: Chrome 10, 11 & 12; FireFox 3, 4 & 5; Internet Explorer 7, 8 & 9; and Safari 4 & 5. It is possible that there are other compatible web browsers. Check the FAQ section of http://www.JUMPERTRAX.com or contact JUMPERTRAX Customer Service for the most recent list of compatible web browsers.
9.7 Privacy, Data Protection. JUMPERTRAX is committed to maintaining your private information. In order to access the Services, you will be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to JUMPERTRAX will always be accurate, correct and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the software and the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify JUMPERTRAX. JUMPERTRAX will keep your personal data confidential, provided however that JUMPERTRAX will provide such to emergency responders in the event that you or your authorized user triggers a SOS Emergency Signal, including your name, registration information, location and message history and may disclose such information as otherwise provided in this Agreement. JUMPERTRAX may also provide your information to any JUMPERTRAX Assist provider, such your name, registration information, location history. JUMPERTRAX may also provide information regarding your data transmissions to your immediate family members and/or emergency responders should it be reasonably determined that an emergency may exist. JUMPERTRAX may also share with third parties certain pieces of non-personal, aggregated information, meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user, such as JUMPERTRAX User demographic data or JUMPERTRAX usage data for marketing, advertising or other business purposes. JUMPERTRAX may collect information about your transmissions, including location, to monitor service quality; however, JUMPERTRAX will not monitor e-mail messages to your contacts. Under the Shared Page feature, JUMPERTRAX may provide your tracking messages per your selections. JUMPERTRAX may provide your billing information to its parent company and subsidiaries if required for provision of the Services, or to a credit bureau in order to determine your credit-worthiness, or to a collection agency should your account become past due, in the event that you deliberately or negligently misuse the SOS Emergency service. JUMPERTRAX will not sell or otherwise pass your personal information to third parties, except if required by law or pertinent to judicial or governmental investigations or proceedings or if JUMPERTRAX considers it necessary to do so to prevent risk of death or serious personal injury to you or others. There are no other circumstances under which JUMPERTRAX will provide or sell personal information to third parties. You consent to the foregoing collection, use and disclosure of your personal information and to JUMPERTRAX’s collection, use and disclosure of your personal information as set out in this Section 9.7. You also consent to the privacy policies listed at http://www. JUMPERTRAX.com.
9.8 Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties and other users on JUMPERTRAX Shared Pages, http://www.JUMPERTRAX.com are those of the respective authors and not of JUMPERTRAX. JUMPERTRAX neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on JUMPERTRAX Shared Pages, http://www.JUMPERTRAX.com by anyone other than authorized JUMPERTRAX employees acting in their official capacities. You understand and acknowledge that JUMPERTRAX is not responsible for and does not monitor third party content for accuracy or reliability.
10.1 Commercial Items. The JUMPERTRAX Product, any associated software and/or documentation have been developed entirely with private funds.
10.2 Export Restrictions. The JUMPERTRAX Product and any associated software may be subject to export controls or restrictions.
10.3 Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless JUMPERTRAX and the Service Providers and each of their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or in connection with (i) your use of the JUMPERTRAX Product, the Services and any associated software, (ii) any breach of any of the terms and conditions of this Agreement, (iii) any injury or death to you or loss of property, or (iv) any negligent, reckless or tortuous act or omission committed by you or any authorized user.
10.4 Official Language. The parties expressly request that this Agreement and any document related thereto be drafted in the English language.
10.5 Notices. Except as specified in Sections 11 through 14, all legal notices to JUMPERTRAX must be sent to: JTlegal@fJUMPERTRAX.com
10.6 Entire Agreement. This Agreement (including the Service Plan, the General Terms and any addenda included with the General Terms) constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.
10.7 No Waiver, Survival. The failure of JUMPERTRAX to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to JUMPERTRAX are cumulative and not alternate. If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination. This Agreement shall not be deemed to create any rights in favor of any third parties or any obligations of JUMPERTRAX to any third parties.
10.8 Assignment. You may not assign this Agreement or any of your rights or obligations hereunder, but JUMPERTRAX may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.
10.9 Severability. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on you and JUMPERTRAX.
11. ADDITIONAL TERMS THAT APPLY TO JUMPERTRAX INTERNATIONAL CUSTOMERS. This Section 14 applies to customers whose billing address is located in any country. The JUMPERTRAX International Rate Plans shall apply to your Services. Your Services shall be billed in United States Dollars. In addition to the Services listed in Section 2, the following optional services are also available in your region.