‘White Label GPS’ is a trading style of ‘Fleet Tracking Consultancy’. We are an authorised ditributor of the Navixy GPS cloud software service.
The Navixy Services, Navixy Materials, Navixy trade names and trademarks, and any parts or elements are solely and exclusively owned and operated by Navixy. Navixy Materials and any part of Navixy Services are protected by copyright, trade dress, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.
Your use of the Navixy Services and Navixy Materials, and any parts or elements does not grant you any ownership right or intellectual property rights. Navixy reserves all rights to the Navixy Services, Navixy Materials and Navixy trade names and trademarks not expressly granted in the Terms.
You must be of legal age in order to accept the Terms. If you do not agree to these Terms, do not use any of our Services. You can accept the Terms by registering in the Services or by actually using the Services.
Navixy may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the right to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue to offer the Beta Services with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
You may use Navixy Services for purposes identified in these Terms and applicable law. You are not allowed to:
- use the Navixy Services or any part or element of the Services to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
- copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Navixy Services or any part or element thereof, or attempt to extract the source code thereof.
Navixy does not allow hidden tracking or tracking of a person without his/her permission, or assets without the owner’s permission.
You may terminate your use of the Services at any time by sending a notice to us at firstname.lastname@example.org at least 30 days prior to the date of termination.
We may unilaterally block your use of the Services including the suspension of access to your account if you fail to comply with or violate terms and conditions defined by the Terms of Service. In such case we shall send you a notice prior to the date of termination.
In the event of termination you will continue to be responsible for any fees and/or charges you have incurred prior to the termination.
Service fees are charged on monthly basis, unless agreed otherwise between the Parties. Services are billed at the beginning of each month. All payments are payable to ‘Fleet Tracking Consultancy’ International payments are processed through our trusted partner ‘2Checkout’ By using 2Checkout payment processing service, you agree to their terms of service. All fees and charges are non-refundable, which means that there are no refunds or credits for periods where you did not use the Services or used it partially. UK customers will be required to set up a direct debit for all payment collections. All payments requested by Fleet Tracking Consultancy are due no later than 7 days from the date of invoice. None payment of any invoice issued to the customer may result in services being suspended until the outstanding amount is paid in full.
The Customer acknowledges and agrees that the availability of our vehicle tracking software (or relevant parts thereof) is dependent upon systems, technologies and other factors which are beyond our control including but not limited to mobile communication networks, Global Positioning System technologies (GPS) and General Packet Radio Service technologies (GPRS) operated by third party providers and the Internet and interconnected systems. Due to the nature of such technologies, systems and other factors, problems including but not limited to, outages, link failures, power difficulties, network overloads, signal degradation and topographic, electromagnetic and other interferences and government intervention may have an adverse effect on the availability of our vehicle tracking services.
While we endeavour to ensure that the vehicle tracking software is normally available 24 hours a day and to mitigate where possible the adverse effects of the problems referred to above, we shall not be liable in any way for loss(es) suffered as a result of any such problems or if for any other reason the vehicle tracking software or any part thereof is unavailable to the customer at any time or for any period and access to the vehicle tracking software may be suspended temporarily and without notice as a result of such problems or for any other reasons beyond our control.
The customer acknowledges and agrees that while we endeavour to ensure that the information on the vehicle tracking software is correct and free from technical, typographical or other inaccuracies, we do not warrant the accuracy and completeness of the material and in particular in relation to the various reports. Data transmitted from the vehicle tracker unit may be compromised, lost or corrupted in transmission due to factors beyond our control (including but not limited to failures in mobile, GPS and GPRS technologies operated by third parties). We do not warrant that the material on the vehicle tracking software is current or “real time” and the Customer acknowledges that it may be out of date and that we make no commitment to update such material. The material on the vehicle tracking software is provided “as is”, without any conditions, warranties or other terms of any kind. We shall have the right at any time to temporarily suspend access to the vehicle tracking software without notice for the purposes of maintaining or repairing the vehicle tracking software or any part thereof; and to make changes to the functionality, presentation, features, modes of access and material content in relation to the vehicle tracking software at any time without notice to the customer.
You agree to defend, indemnify and hold harmless Navixy and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Navixy Services, Navixy Materials, representations made to the Navixy, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Navixy reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Navixy, and you agree to cooperate with such defense of these claims.
In the event of a dispute between you and Fleet Tracking Consultancy on matters specified in the Terms of Service or in connection therewith, Fleet Tracking Consultancy and you will take all measures to resolve them through negotiations.
If no settlement during negotiations, the disputes shall be resolved in the court defined by Fleet Tracking Consultancy.
In the event any one or more of the provisions of these terms & conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions of these terms shall be unimpaired and the terms shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision.