Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Manila GPS Trackers Philippines, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your www.manilagpstrackers.ph Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Manila GPS Trackers Philippines may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Manila GPS Trackers Philippines liability. You must immediately notify Manila GPS Trackers Philippines of any unauthorized uses of your blog, your account or any other breaches of security. Manila GPS Trackers Philippines will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Manila GPS Trackers Philippines or otherwise.
By submitting Content to Manila GPS Trackers Philippines for inclusion on your Website, you grant Manila GPS Trackers Philippines a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Manila GPS Trackers Philippines will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Manila GPS Trackers Philippines has the right (though not the obligation) to, in Manila GPS Trackers Philippines sole discretion (i) refuse or remove any content that, in Manila GPS Trackers Philippines reasonable opinion, violates any Manila GPS Trackers Philippines policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Manila GPS Trackers Philippines sole discretion. Manila GPS Trackers Philippines will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Manila GPS Trackers Philippines the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Manila GPS Trackers Philippines before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Manila GPS Trackers Philippines in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Manila GPS Trackers Philippines the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Manila GPS Trackers Philippines reserves the right to change the payment terms and fees upon ten (10) days prior written notice to you. Services can be canceled by you at anytime on ten (10) days written notice to Manila GPS Trackers Philippines.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Manila GPS Trackers Philippines to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free www.manilagpstrackers.ph services. All support will be provided in accordance with Manila GPS Trackers Philippines standard services practices, procedures and policies.
- Responsibility of Website Visitors. Manila GPS Trackers Philippines has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Manila GPS Trackers Philippines does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Manila GPS Trackers Philippines disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.manilagpstrackers.ph links, and that link to www.manilagpstrackers.ph. Manila GPS Trackers Philippines does not have any control over those non-Manila GPS Trackers Philippines websites and webpages, and is not responsible for their contents or their use. By linking to a non-Manila GPS Trackers Philippines website or webpage, Manila GPS Trackers Philippines does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Manila GPS Trackers Philippines disclaims any responsibility for any harm resulting from your use of non-Manila GPS Trackers Philippines websites and webpages.
- Copyright Infringement and DMCA Policy. As Manila GPS Trackers Philippines asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.manilagpstrackers.ph violates your copyright, you are encouraged to notify Manila GPS Trackers Philippines in accordance with Manila GPS Trackers Philippines Digital Millennium Copyright Act ("DMCA") Policy. Manila GPS Trackers Philippines will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Manila GPS Trackers Philippines will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Manila GPS Trackers Philippines or others. In the case of such termination, Manila GPS Trackers Philippines will have no obligation to provide a refund of any amounts previously paid to Manila GPS Trackers Philippines.
- Intellectual Property. This Agreement does not transfer from Manila GPS Trackers Philippines to you any Manila GPS Trackers Philippines or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Manila GPS Trackers Philippines. Manila GPS Trackers Philippines, www.manilagpstrackers.ph, the www.manilagpstrackers.ph logo, and all other trademarks, service marks, graphics and logos used in connection with www.manilagpstrackers.ph, or the Website are trademarks or registered trademarks of Manila GPS Trackers Philippines or Manila GPS Trackers Philippines licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Manila GPS Trackers Philippines or third-party trademarks.
- Advertisements. Manila GPS Trackers Philippines reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Manila GPS Trackers Philippines reserves the right to display attribution links such as 'Blog at www.manilagpstrackers.ph,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Manila GPS Trackers Philippines reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Manila GPS Trackers Philippines 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 be subject to the terms and conditions of this Agreement.
- Termination. Manila GPS Trackers Philippines may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.manilagpstrackers.ph account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Manila GPS Trackers Philippines if you materially breach this Agreement and fail to cure such breach within ten (10) days from Manila GPS Trackers Philippines notice to you thereof; provided that, Manila GPS Trackers Philippines can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Manila GPS Trackers Philippines and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Manila GPS Trackers Philippines nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Manila GPS Trackers Philippines, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Manila GPS Trackers Philippines under this agreement during the twelve (12) month period prior to the cause of action. Manila GPS Trackers Philippines shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Manila GPS Trackers Philippines, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Manila GPS Trackers Philippines and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Manila GPS Trackers Philippines, or by the posting by Manila GPS Trackers Philippines of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Manila, Philippines, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Makati, Philippines. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Makati, Philippines, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Manila GPS Trackers Philippines may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Installation is available and varies in price depending on the type of motor vehicle and location of installation. Installation by any other person or entity that is not agreed by us will immediately void the warranty described below. Your installation may at our discretion be performed by a third party whom we have agreed can perform the installation and your allowance of such an installation by the third party is your express consent to the installation. We will not be held liable for any damages caused by the installation of a GPS Tracker inside the motor vehicle.
All prices on this website are VAT and any other applicable tax exclusive and will be added to your Sales Order or Invoice as required by law. All prices on this website also are subject to change without prior notice. The price that you will pay will be shown to you on the invoice or sales order. And it is up to you to agree to the terms of the invoice including any applicable taxes. Should you wish to proceed with the transaction then you must pay the total amount shown on the invoice including but not limited to: any and all taxes, subscription fees, installation fees, materials fees, etc. Payment of the sales order or invoice constitutes agreement by you of the terms of conditions set out on this page as well as any other Service Level Agreement.
We currently provide to you, at no cost, various maps you can select from in your acount (web platform user interface). Map usage is not specifically billed to you and as such we reserve the right to add or delete available maps at our discretion with no prior announcement to you. Market conditions are constantly changing and if we cannot come to a financially feasible agreement with a map supplier(s) we may need to discontinue use of that particular map(s). In some cases (reviewed on a case by case basis) you may be able to continue to use a discontinued map by contacting us and we can provide the additional monthly cost to you. However, we will always ensure that at least 1 map will be available for your use at all times so that you can use our web platform.
The warranty period is 1 year from the date of purchase for devices that are wired to the power source of the asset you are tracking. For devices that are portable in nature (not hard-wired) the warranty is 3 months. Warranty covers manufacturers defects and does not cover abuse or equipment or negligence on behalf of the user. For warranty the customer must present a copy of the original invoice or receipt and must send the unit at the customer’s expense, back to our location.
We may provide a SIM with your device but this does not mean we are paying for the SMS or data load of the SIM. The only time we pay for the data load is if you have subscribed to one our web tracking subscription plans that expressly says we will be providing any SMS or data load for the SIM. Otherwise, it is for your account to provide any such SMS or data load. If we are providing the data load and/or SMS load these products are strictly to be used for the operation of the GPS tracker(s) with our web platform. Any unauthorized use of the SIM will be billed to your account.
Should your device need to be diagnosed the service call fee charged to you will be 300 pesos within Metro manila. Outside Metro Manila there will be additional travel expenses which will be disclosed to you prior to sending our technician to your location for your acceptance.
If you are using our web tracking platform or app, please note it can take up to 72 hours for your device to be active on our platform or app. The 372 hours commence the day after your device is delivered to you or installed in your vehicle.
GPS Trackers Not Purchased From Us
In some cases you may be able to use on our web platform GPS trackers that you have purchased from a 3-rd party. In these cases please note we cannot honor any warranty on these devices as they are not purchased from us.
Regardless of whether you purchase your GPS Tracker(s) on our website or our office, or through one of our staff or registered representatives, and you begin to use the device (either through SMS commands or through the use of our web tracking platform) the sale will be considered as final and no refunds will be permitted, unless, there is a manufacturers defect.