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Termes et conditions
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Nos conditions générales
The following general terms and conditions applies into force on 10 February 2021 and apply continuously. The terms may be updated without notice after the above date.
1. Important information about the general terms and conditions
The general terms and conditions include the use of the services and products that SweTrack Electronics AB offers. These include but are not limited to the use of websites associated with SweTrack Electronics AB (www.swetrack.com) and associated domains, the live tracking platform SweTrack Live for iOS and Android and via browsers, hardware products with associated software services sold in agreement with SweTrack Electronics AB (“Product Range”).
By using SweTrack Electronics products and services, you warrant that: (i) you are over 18 years of age (ii) you are under 18 years of age but have the permission of a guardian or (iii) in your capacity as agent for a company or other legal entity, you are over 18 years of age and has full authority to represent the company or legal entity and (iv) uses the product in accordance with the laws of the country in which the hardware product is located.
2. User account
To use the software services and hardware products provided by SweTrack Electronics, the User needs to create an account on SweTrack Live. The following includes that the account holder must enter a username and an associated password. The user account saves position history and payment information for all devices that the User has. The user is fully responsible for the handling of his user data and thus bears full responsibility for all activity that occurs on the user account.
Swetrack Electronics AB disclaims all responsibility for any consequences that result from an unauthorized use of the User's user account. This may be, but is not limited to, hacking or knowingly and unknowingly transferring user data to third parties.
Likewise, if SweTrack Electronics has appropriate suspicions that indicate that the Product Range provided has been used in an improper manner, SweTrack Electronics reserves the right to terminate or restrict the User's user account without notice and the right to continue using the Product Range. "Incorrect purpose" may include, but is not limited to, unauthorized modification of SIM cards, improper handling of hardware and softwareproducts, and unauthorized modification of hardware and software.
When custom software services developed for a company are used, each individual user has an obligation to immediately inform SweTrack Electronics if there is any unauthorized use of a user account or other security breach that could damage or prevent the use of the Product Range.
3. Subscription fee
SweTrack Electronics reserves the right to unilaterally change all agreed prices for hardware products, software services and monthly fees for data traffic with the User. This may be the case if the data traffic provider increases their rates. In the event of a price change, the User must be informed in a reasonable time.
Payment for software services and hardware is made in accordance with previous agreements between SweTrack Electronics and the User. The monthly subscription fee that is added for data trafficand tracking servicesmust be paid by means of a selected credit card registered on SweTrack Electronics' web service SweTrack Liveor through an electronic invoice if the latteris separately agreed. If the payment is made by credit card or other payment card, the User has an obligation to cancel the monthly payment before the renewal datefor the upcoming subscription period. Payment by card is thus made without a commitment period, which gives the User the right to cancel the monthly debit at any time. If this is not done, SweTrack Electronics reserves the right to automatically renew the monthly charge.
SweTrack Electronics reserves the right to unilaterally assess whether a User is entitled to payapplicable services by invoice. This assessment may be based on sizeof amountand credit history. If this service is offered, payment is made viaelectronic invoice. The user has an obligation to notify SweTrack Electronics of a desired interruption of the service at email@example.com. If this is not done, SweTrack Electronics receives the right to automatically renew debitfor agreed timeperiod.
By signing a subscription through invoice payment, the User has an obligation to pay the relevant amount before the agreed due date. In the event of non-payment, the User will be notified with a payment reminderand SweTrack Electronics has the right to add a default interest rate in accordance with the Swedish Interest Act (1975: 635). In the event of outstanding payment, after the due date of the payment reminder, the case is handed over for collection. The user then becomes liable for payment of the outstanding amount and related fees. In the event of outstanding payment, SweTrack Electronics has the right towithout noticerestrict or close the User's access and the right to continue using the Product Range.
5. Demo devices
If SweTrackElectronics has offered a product for demonstration, this may only be used for a previously agreed (limited) trial period. During this trial period, the product may only be used for the purpose of analyzing and evaluating the service. The above general conditions must also be applied for the use of the demo unit during the trial period. When the agreed trial period has passed, the user is expected to cease using the service as soon as possible. It is also of the highest priority that the User returns the Hardware to SweTrack Electronics AB. If the demo device is not returned to SweTrack Electronic within 10 days, you will be charged for product andsubscription fees.
6. Use of the Product Range
SweTrack Electronics develops and offers arange of hardware products and software services to which SweTrack Electronics has full ownership, unless otherwise agreed. These include, among other things, hardware in the form of GPS transmitterssuch as; SweTrack Lite, SweTrack Plus, MaxiTracker, Multitracker, SweTrack Extreme, SweTrack Engine, SweTrack Animal, SweTrack Bike, SweTrack and SweTrack Basic with associated M2M SIM cards and accessories in the form of cables, relays and batteries. It also includes software in the form of databases, API, SweTrack Live applications for Android and iOS, Web application SweTrack Live for browsers, customized portals and platforms, swetrack.com with associated domains and all content on SweTrack Support via the address: https://swetrack .zendesk.com/hc/
By using the Product Range, you are presumed to have carefully followed the instructions given by SweTrack Electronics, both in writing and oral,in connection with installation and use. SweTrack Electronics hereby disclaims all forms of liability for any consequences that affect You or Your property as a result of incorrect installation and / or use of the Product Range. This may include, but is not limited to, improper installation of hardware, improper handling of hardware and software products, unauthorized modification of SIM cards or unauthorized modification of hardware and software.
7. Personal information
8. Restrictions in relation to the Product range
The use of the Product Range entails a number of restrictions. By using the Product Range, the User declares that hesheshall not (i) restrict SweTrack Electronics' intellectual property by replicating, plagiarizing and continuing the Product Range for its own or commercial gain, unless otherwise agreed between SweTrack Electronics and the User; and (ii) disassemble and rebuild or otherwise attempt to discern essential information such as code, hardware components and APIs that contribute to the creation of a product or service that does not differ from the Product Range to the extent that it differs materially from the Product Range.
When you as a User use SweTrack Electronics services, in the form of applications such as SweTrack Live, you can choose to receive text messages / push notifications both inand outside the app. The User has the possibility to choose whether to receive these ("Push notifications") or not. However, there may be messages from SweTrack Electronics' administrative side informing you of important information regarding the service. By accepting these Terms and Conditions, the User agrees that SweTrack Electronics may send the above messages.
10. Technical standard
SweTrack Electronics is not responsible for any deficiencies and limitations in the subscriber's operating system and computer environment. It is the User's responsibility to ensure that he has the necessary technical standard for the use of the ordered Services before entering into the Agreement. SweTrack Electronics services presuppose that the User has the required technical standard.
11. Force majeure
SweTrack is released from liability for breach of the general terms and conditions caused by circumstances beyond the control of theparty, such as disruption or interruption in public computer or telephone networks, accident, fire, lightning, explosion, war, riot, flood, natural disaster, or altered government regulation or government intervention. Inorderfor such a circumstance to be invoked as a ground for exemption, a party shall notify the other party without delay. The parties' obligation under the Agreement re-enters as soon as such a circumstance as mentioned no longer exists.
In addition to what is expressly stated in the above general terms, SweTrack Electronics AB hereby disclaims all warranties regarding these general terms, hardware or services or anything else covered by these terms, including all implied warranties. SweTrack Electronics does not guarantee that the service, the website or the functions they contain will work without interruption. Both parties admit that they have not acted in reliance on any guarantee or commitment beyond what is expressly stated in this agreement.
13. Applicable law and dispute
Agreements concerning the general terms and conditions shall be interpreted and applied in accordance with Swedish substantive law. Disputes in connection with this shall ultimately be decided by a general court with the Stockholm District Court as the first instance.