TERMS AND CONDITIONS DIGI TRACK
The original text of this Agreement – Contract has been written in Greek language. In case of discrepancy any translated version of this Agreement and the Greek version, the Greek version shall prevail.
The present terms and conditions (hereinafter referred to as the “terms”) shall apply to any Purchase Order submitted or to be submitted by you regarding the provision of any object, service or subscription provided to you via the website www.ubilus.com or via any other application, or device, or equipment and terms shall apply to all services, devices, including but not limited to:
- a) Equipment
- b) Software
- c) Services
Services, since each party, may include, separately or together, web services, services relative to positioning, data services, exchange messages services, call services, real time information services, easier seeking entities services.
DIGITRACK consists of a Server with uninterrupted operation, which is in charge of the overall management of information exchange as well as its storage for further processing (no installation is required or any charge to the customer, since the Server is installed by UBILUS).
The customer is enabled to:
1. install the software to his personal mobile phone device, which will have the ability to display on a digital map the positions of other tracking devices and/or mobile phone devices, as well as all features provided, by the software via a user friendly environment.
2. create a personal account so that to enter the WEB application through which the personal GPS TRACKING devices will be displayed.
3. buy GPS TRACKING devices which could indicate its positions at the customer’s mobile phone device or at the WEB application.
DIGITRACK application offers its services under the following terms and conditions which constitute a legally binding relationship between the owner of the license and UBILUS. The licensee will use the services provided by DIGITRACK only if read and accepted the terms. Terms acceptance is defined as contract signing.
If the customer does not agree or he is not willing to be bound by the terms, the customer shall not install the software at the mobile phone devices, devices and/or delete it immediately and not use it any way. The terms are displayed to the customer during the initial implementation of the software at his mobile phone device, as well as at the initial page of the WEB application.
The user license related to the use of the software and/or the data, information, operations or any other content sent, provided via the DIGITRACK application, is automatically granted to the licensee via the sale of any GPS TRACKING DEVICE and the communication packet bought from UBILUS for the same period or via the payment of an annual fee for the Server usage – without buying a GPS TRACKING DEVICE, by an authorized distributor of UBILUS.
The software belongs to, is operated and offered by UBILUS, and it is provided for personal, not commercial use by the customer, in accordance to the following terms and as long as the user follows the instructions relative to its usage and operation.
The present terms are fully compatible and harmonized with the existing European and Greek law and it is recognized the right for the company to alter provisions of this terms, to the extent that such alteration is not related to binding legal obligations of the company and without affecting faits accomplis. Any use after modification constitutes acceptance of the new terms.
2. The subject of our services
The DIGITRACK system is an integrated solution for identifying entities position as people, vehicles, commercial goods, pet e.t.c. In parallel it is provided the feature to use portable interactive devices (mobile phones, laptop, e.t.c.) which are compatible to the most latest GPS devices and to notify users in real-time (minimum period every 20 seconds, it is even possible to get real-time data per second). By using mobile phone devices it is provided the extra feature of bi-directional communication between the users as well as positions exchange, messages and information, as in an advanced social networking media. The aim of DIGITRACK system is to provide a means of entertainment, messages exchange and transmission and positioning.
In the case where a software other than the one owned by UBILUS, is employed for the operation of DIGITRACK system, or suggested by us, or installed by the licensee on its own initiative, the user, the operator, the provider, is the one exclusively responsible for its content.
3. Proper use
The licensee and user of DIGITRACK system shall be fully aware of its functions and shall provide explicit and irrevocable consent (or under the permission and knowledge of his custodian or judicial supporter) so that to use the software. In order to install the software the user shall follow the installation guidelines provided, step by step. Any attempt to modify the software installation, reverse engineering, to dismantle, to breakup encryption, it is considered as improper use and it is expressly prohibited, while UBILUS is fully exempted from any liability relative to the operation of the system.
The DIGITRACK system is not an entities tracking device but it is an entities positioning device (if that is enabled) and as such will used. The user, who provides his / her consent for determining the position of his / her assets, provides relevant information as a condition for activating functions of the software and the application.
The licensee is allowed to use the application only after registered to the electronic platform of our company, while fulfilling the age limits, i.e. over eighteen (18) years old.
As far as the mobile phone application is concerned, the licensee, user will be asked to state the mobile phone number. The software will then automatically send an SMS by the mobile phone of the licensee to the mobile phone itself. In this way an automatic verification of the mobile phone number authenticity is performed.
Regarding the WEB application, a user account is created, by stating the name, surname, username, password and e-mail. Then, an e-mail is sent automatically by the Server to the user’s e-mail (as stated above), via which the user could activate the account created.
The mobile phone application employs the already installed phone directory to the user’s mobile phone, in order to:
- - provide information about the contact(s) owed DIGITRACK application, as well as about the contact(s) that already use it.
- - to perform calls to contacts already using DIGITRACK application.
- - to enable users who owe DIGITRACK application, to share information to each other, data, location elements, towards their positioning.
The user can select part of the phone directory that is related to user’s communication with other contacts, to store it in the Server (whenever the user wishes), for the time interval the user’s account has been deleted. The messages sent by each user to another, are encrypted and then transferred via the Server to the recipient. If the recipient is offline at that time, then messages are stored temporarily in the Server and transmitted to the recipient as soon as the user is online. Then, messages are deleted from the Server. Trackers and mobile phones position is stored in the Server for up to three (3) months in order to be available to the user, when so requested via the History process. Information other than positioning, provided by the trackers are stored in the Server for up to one (1) month, when deleted.
5. Installation process
The software is activated in accordance to the operation for which it is destined and only when properly installed according to the relative user guidelines. Only then, the present terms as well as guarantees of software operation are activated. According to said user guidelines, as soon as the user is connected and follows the relative guidelines step by step, as appearing on the screen, the application will be installed once. Messages relative software enhancements, upgrades will be regularly displayed, under user agreement and acceptance. User, licensee, as soon as registered at the website www.ubilus.com, agrees:
- a. To provide accurate, real and complete information relative to himself.
- b. Not to use the software for any purpose other than the one it is originally intended to, in any way that produces damages, diminishes it or makes it less effective. Moreover, the user shall not use the software to transfer files which contain viruses, Trojans, or other harmful programs.
- c. No warranty is provided to the uninterrupted operation, without gaps and/or interferences to the software. Specifically, UBILUS is not in any way responsible for the disruption of the operation of the application when related to shut downs or to signal losses or to non-coverage of mobile telecommunication networks in specific regions or time periods and to problems which may rise therefrom and refer to the relationship between the user and the telecommunications provider.
6. Cost, charges, payment
Charges according to user’s selection:
1. Purchase of the GPS TRACKING DEVICE by the UBILUS e-shop. Product cost in accordance to the device selected. In that case the user shall state to the UBILUS, the IMEI of the mobile phone device where the application will be installed, so that to have free access activated. Based on the quantity of GPS TRACKING DEVICES purchased, it is provided free access to the same quantity of mobile phone devices.
2. Download the application to the mobile phone device and free usage by the customer for one (1) month since the installation and execution date. Then, the user may delete the application, without any charge for the one (1) month usage or to prepay the amount of 10.00 € (including V.A.T.) as an annual subscription so that to be able to continue the use of the application for one year. In that case too, the user shall state to the UBILUS, the IMEI of the mobile phone device where the application will be installed, so that to have access activated.
3. Customer can have free of charge the annual fee of 10€, if he will select to get telecommunication solution provided by UBILUS for the same period. Taking into account the data transmission rate to the Server, without considering to that the volume of data of maps which obviously may further increase the required data volume, a program of 100MB/month fully satisfies the application needs. For that reason, if there is available a WIFI connection, the system supports the maps downloading via WIFI as well as the capability to store maps in the SD card (at an earlier time). Be noted that it is required a different SIM card for each GPS TRACKING DEVICE and for each mobile phone device.
7. Returns policy
• Defected product (DOA): We perform all required checks before shipping any order. However, in this case defected products shall be returned within seven (7) calendar days since the date of purchase. If a product has been returned (DOA) a relative technical inspection will be carried out in order to confirm that any possible defect has not been due to improper use, only then the product will be directly replaced with a new and unused product, if available, or with another product of the same or even superior technical characteristics, following relative agreement with the customer. In cases where there is no product availability or the product has been purchased at a special price or it is of old technology, e.t.c., it is at the discretion of the company to proceed to money refunding towards the customer. Money refunding to the customer will take place by cancelling the credit card debit or deposit on customer’s bank account.
• Change of customer’s mind: The customer could return the product purchased directly via UBILUS, simply due to repentance (change of mind, decision), under the following terms and conditions:
• The product should be returned to UBILUS within fourteen (14) calendar days, since the day of purchase, the latest.
• The product returned should have not been used, be in excellent condition (as new) as it would be just before sale, at its complete initial package (box, nylon, foams, which should not have tears or damage / lesions) and shall be accompanied by all the contents of the original packaging (i.e. printed user manual, product characteristics, warranties, cables, software installation e.t.c.).
• To be eligible for a return, the original purchase document (retail receipt, invoice) referring to the customer purchased the product, should be submitted. In the case where the purchase has been performed via a credit card, it should be submitted the original payment proof issued.
• Since the conditions are met and the product return has been accepted, the customer is entitled either to receive a credit note of equal value for the purchase for another product(s) or to receive cash back, when the purchase was made in cash. If the purchase was made via a credit card, the transaction will be cancelled and the credit card account will be updated respectively (credit) rather than cash refund.
PRODUCTS EXCLUDED FROM THE RETURNS POLICY:
• Subscriptions. UBILUS company is obliged to activate the annual subscription, prepaid by the customer (receiving by the customer the information required so that to activate subscription). If the customer wishes to cancel the subscription, then UBILUS is not obliged to return the subscription fee paid.
• In the case of repeated product returns or in the case where UBILUS, at its sole discretion, deems that the customer is abusing the right of return or acts in bad faith, UBILUS may refuse to return the product, even when the above terms and conditions are met.
• UBILUS reserves the right to repeal or replace its returns policy, by publishing the relative new terms and conditions on its website.
• The returns policy of UBILUS is not related to defects which have been covered by its respective warranties.
8. Force Majeure
Force majeure means conditions that impede the fulfillment by UBILUS of its obligations, under the present Terms and Conditions, which are not within the reasonable control of UBILUS, including slow or delayed deliveries as well as incomplete deliveries performed by UBILUS resulting from conditions beyond the reasonable control of UBILUS. In the case of force majeure, all obligations carried out by UBILUS are suspended. If the time period during which UBILUS due to force majeure, cannot carry out its obligations, lasts more than ninety (90) calendar days then both parties will be entitled to terminate the purchase agreement, in written, without requiring to pay compensation of any kind, which arise or is associated to this termination.
During the positioning process, the user / the beneficiary, is obliged to select to share its position with the desired users and to agree, without any reservation to track its position.
UBILUS in no case will reveal information relative to the personal details of the user, his account and position.
UBILUS carries no responsibility for a possible leak of user’s personal details and data, as long as not exclusive use is taken place by the beneficiary and the licensee.
In DIGITRACK application we ask permission for CAMERA , RECORD_AUDIO and READ_CONTACTS.
Permission for CAMERA is needed, as we offer the ability to the end user to scan a QR code as an identity of an object that will visit or deliver. The other use of camera is by connecting a POI that will insert to the application with a photo – he will take- of this place.
Permission for RECORD_AUDIO is needed, as we have included VOIP communication into our application DIGITRACK. Users have the option to make free calls to other users by using MIC and speakers.
Permission for READ_CONTACTS is needed because DIGITRACK application is a social network application. It can inform other users – that we have given permission to do so – with our position and also exchange messages, like a chat application. These users are coming from the contacts database of our phone, as it is obvious that we want to communicate with people, we know and we already have in Contacts. That’s why it is easier to utilize this database.
UBILUS applies high ethical standards and respects your privacy. Besides the disclosures required, UBILUS will not disclose personal information to third parties without the permission of the licensee or relative court order.
12. Limited liability
UBILUS does not guarantee that the products operate in a manner free of errors. Moreover UBILUS does not guarantee that any information provided is always accurate.
Computational errors may occur when using navigation systems such as those caused by local environmental conditions and / or incomplete information, wrong information, network malfunction.
Tracking errors may occur in the case of non – diligent use of the software, mismanagement of the device, battery discharge e.t.c.
Software operational error may appear due to non – respect of proper use terms.
UBILUS responsibilities upon the equipment and accessories and warranties that those are free from defects, are valid provided that those operate under normal use and operation.
UBILUS does not provide any additional guarantee other than the terms described above.
UBILUS, as well as any other supplier of software – equipment, disclaims any other warranties or terms, explicit, implied, or statutory, including but not limited to any other warranties, implied or otherwise, other services, diligence, efficiency, accuracy, or completeness, regarding the products, reliability and effectiveness to successfully position entities.
13. Disputes settlement
Any claim may have against us that the licensee, which may result from this agreement and the use of our products for sale, shall be resolved exclusively by the Courts of Athens in accordance to the Greek law.
If there exist any queries, suggestions, complaints regarding our services, software, our technicians can provide help by contacting us at (+30) 6946465434.
For any problem concerning the operation of the software and the devices, you may send relative e-mail to email@example.com