OVERVIEW
We are InfoPay Service FZCO ("Company," "we," "us," "our", "Smartspotter").
We operate the website https://smartspotter.net (the "Site"), as well as any other related products and services that refer or link to these terms (the "Terms & Conditions").
You can contact us by email at contact@smartspotter.net
These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and InfoPay Service FZCO, concerning your access to and use of the Services. You agree that by accessing the Product and Services, you have read, understood, and agreed to be bound by all of these Terms & Conditions.
Supplemental Terms & Conditions and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Services after the date such revised Terms & Conditions are posted.
SECTION 1-GENERAL CONDITIONS
The Smartspotter provides the product and service to track the semi-wild horses via satellite few times per day as per the user configuration and the horse location is shown on the web after login. The product consists of the device with cold resistant lithium batteries and smartspotter designed collar while the service consists of the low orbit satellite service along with the this web platform.
The service can be degraded upon due to many other factors and these factors do not depend on our action, and therefore, by using smartspotter product and services you agree to the followings along with the other terms & conditions.
- Earthquake, flood, fire
- Solar eclipse
- Extreme weather conditions such as heavy snow and storm
- Technical issues at Globalstar satellite constellation and/or its satellite ground station
- Technical issues at cloud service where smartspotter resides
- Signal interference due to unknown causes to the satellite - due to nature of satellite technology
The products' antenna part needs to look towards to sky in order to increase the successful transmission chances and it is transmitted few times per day as per user configuration. In the case the product is positioned incorrectly such as followings the the transmission may not be successful and the user shall not able to determine its horse location.
- Inside tick woods and trees
- Close to tall building/concrete walls and/or mountains/rocks
- Under bridge/indoor house/buildings
- Horses are too close each other - blocking the device visibility to the sky
SECTION 2-ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 3-MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4-PRODUCTS AND SERVICES
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5-ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at this site. This site does not store any user credit card information and the user can make the payment on its will whenever prefers to purchase product and service. There is no automatic charging.
SECTION 6-LICENSES
The smartspotter uses the concept of relative location to determine the location of horses without showing on the map and it can be used by anyone.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 7-RETURNS AND REFUNDS
Devices: We will provide the standard 1 year manufacturing warranty for all devices sold and the start date shall be counted from the date when the device is registered on smartspotter platform. Any sign of mechanical damage either externally or internally shall not be covered by the warranty. The replacement shall be sent to the user within 2 weeks after the malfunctioned devices have reached to the reseller and verified its functionality. There shall be no refund for the devices sold and used. In the case there is dispute with the reseller, the user can reach out contact@smartspotter.net for the case review within 7 days after recieving the product.
In the case of the new device is malfunctioned from the beginning and the user was not able to utilize the service even 1 day the full refund can be considered upon user's own preference. In such case, the device payment refund shall be issued within 1 month after the complaint is filed and reviewed.
Services: The satellite service degradation can be caused by many natural causes such as weather and solar eclipse there will be no refund for the services used. However, if the service degradation is caused by the smartspotter or its partner, there shall be compensation of number of days services' and it shall be added to the user account after the complaint is filed to contact@smartspotter.net within 7 days and it is reviewed and approved. In the case of the new device is malfunctioned from the beginning and the user was not able to utilize the service even 1 day the full refund can be considered upon user's own preference. In such case, the service payment refund shall be issued within 1 month after the complaint is filed and reviewed.
SECTION 8-THIRD-PARTY LINKS
Certain products and services available via our Service may include materials from third-parties. We are not responsible for these and we do not warrant and will not have any liability or responsibility for any third-party products, or services of third-parties.
SECTION 9-USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
At this time, we do not publish user comments and other submissions. If we change that policy, we will update this section. Any concerns and complaints can be emailed to contact@smartspotter.net for resolution.
SECTION 10-PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. Please click here to review our Privacy Policy.
SECTION 11-ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12-PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13-DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smartspotter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14-INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smartspotter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15-SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16-TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part there of).
SECTION 17-ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18-CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our site, the Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.