The Service grants Customer a revocable, non-exclusive, non-transferable and limited access to use the myBusiness Tracker Plan (“Service”) described as a GPS tracking solution. Customer acknowledges that the description of the Service may be changed by Globe at anytime and hence, any such change is not a ground for termination of the Service by Customer.
Customer may avail of any of the following plans:
Plan 599 which includes:
Globe SIM with 200 All-Net SMS and 100mb mobile data
Subscription to the Service has an MSP of twenty-four (24) months from activation. Upon expiration of the MSP, subscription to the Service will continue until Customer or Globe Telecom, Inc. (“Globe”) terminates the subscription.
Should the Service be terminated within the MSP (a) by Customer or (b) by Globe due to breach by Customer, Customer shall pay pre-termination charge equivalent to the total Monthly Service Fee (MSF) of the Service multiplied by the remaining months of the MSP, in addition to Administration Charges.
Customer is not allowed to downgrade during the MSP.
Customer shall provide for a security system for its own network, equipment, and/or operating system and other similar appurtenances. The Customer shall be responsible for ensuring the security and confidentiality of its own systems and devices.
Customer shall be responsible for the security of its user name and password. Any use of the Service through Customer’s user name and password shall be conclusively presumed to be authorized by the Customer.
Subscriber acknowledges that Google Apps and any copyrights, trademarks, patents, trade secrets, intellectual property rights and other proprietary rights in and to the Service are owned by Globe’s/Innove’s licensor, Google and Subscriber obtains no right, title or interest therein.
Should the Service or the operation thereof become, or in Globe’s/Innove’s opinion is likely to become, the subject of a claim of infringement, Globe/Innove may (i) procure for Subscriber the right to continue using the Service, (ii) replace or modify the same so that it becomes non-infringing; or (iii) terminate the Service upon written notice in which event, Subscriber will not be liable for pre-termination charges.
TECHNICAL SUPPORT Technical support is available on weekdays during business hours, 8:00AM-5:00PM for resolution of issues such as access, content, hardware limitations and other similar problems. For technical support, Customer may call up the hotline at +632 917 2888 or send email to [email protected]
PROHIBITED ACTS The Customer shall use the Service only for legitimate purposes and shall not –
use the Service for any purpose that is illegal, immoral, or contrary to public policy.
cause or cause others to copy, reconfigure, reverse engineer, decompile, disassemble, derive source code, modify or prepare derivative works of the Service, or tamper with any of the components of the Service;
remove, disable, or defeat any functionality in the Service designed to limit or control access to or use of the Service;
introduce into the application any program which contains viruses, worms, ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication service;
provide a third party access to the Service, or any portion thereof;
resell or bundle the Service together with other services rendered by Customer or a third party;
make any portion of the Service available to third parties through any timesharing system, service bureau, the Internet, or any other similar technology now existing or developed in the future;
use the Service in any fashion that may infringe any copyright, intellectual property right, or proprietary or property right or interest of Globe or Globe’s licensor; or
engage in any activity analogous to the foregoing.
INDEMNITY AND LIQUIDATED DAMAGES
Customer shall indemnify Globe for any and all damages that Globe may suffer, as well as against any third party claim for which Globe may be held liable arising out of Customer’s commission of any of the prohibitions stated in Clause 7, or violation of any of these terms and conditions.
In the event that Globe terminates the Service due to Customer’s breach, Customer shall pay GLOBE liquidated damages equivalent to the monthly service fee multiplied by the number of remaining months of the initial term or renewal term, as applicable.
FORCE MAJEURE Neither party shall be in default if its failure to perform any obligation hereunder is caused solely by supervening conditions beyond that party’s reasonable control, including, but not limited to, natural calamities, civil commotion, strikes, labor disputes, fires, terrorist acts, or governmental demands or requirements; provided that any such performance shall be completed as soon as commercially reasonable following the termination of any such supervening conditions.
SERVICE WARRANTY DISCLAIMER
The Service is furnished on an "as is", as-available basis. Globe does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability, fitness for a particular purpose or non-infringement are expressly disclaimed.
Globe shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions from the Service, (b) the unavailability or interruption of the Service, (c) Customer’s use of the Service (regardless of whether Customer received assistance from Globe or its licensor in using the Service, or (d) Customer’s use of any equipment in connection with the Service.
Globe shall not be liable for loss of data. The Service is not intended to be the sole back-up location for any data. Customer is responsible for backing up its own data files to a location other than the Service.
DEVICE WARRANTY DISCLAIMER
The GPS Tracking Device (“Device”) is does not warrant that the Service will be uninterrupted or error-free. All warranties of any type not expressly stated in the Agreement, express or implied, including the warranties of merchantability, fitness for a particular purpose or non-infringement are expressly disclaimed.
Replacement and service warranty of the device is covered for the entire duration of the MSP. Upon expiration of the MSP the applicable fee shall be charged for any device repair requested by Customer.
Any unauthorized tampering and modification of the device and its components shall automatically void the warranty.
Own damage and damage caused by third party contractors, flooding, animals/insects, grounded units, hijacking, collision, force majeure, acts of God and such other circumstances beyond the control of Globe shall automatically void the warranty.
LIMITATION OF LIABILITY
In no event shall Globe be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including without limitation, damages for loss of profits, loss of use, business interruption, loss of data or other pecuniary loss), in connection with Customer’s subscription to the Service whether based upon contract, tort or any other legal theory, including negligence, even if Globe has been advised of the possibility of such damages.
In no event shall Globe’s liability to Customer arising from the Service exceed the total amount of MSF for the Service actually paid by Customer to Globe, or an amount equivalent to one year MSF, whichever is lower.
Globe may terminate the subscription to the Service upon notice if Customer commits any of the Prohibited Acts stated in Clause 7.
Globe may terminate the subscription to the Service upon fifteen (15) days prior written notice (“Cure Period”) if Customer fails to pay the MSF and other charges, if any, unless during the Cure Period, Customer pays all outstanding amounts to the full satisfaction of Globe.
Globe may terminate the subscription to the Service upon seven days prior written notice in the event any circumstance arises which prevents Globe from rendering the Service. In such an event, Customer shall not be liable to pay pre-termination charge.
ASSIGNMENT Customer shall not assign or transfer his/her subscription to the Service without the prior written consent of Globe.