Privacy Policy
This Privacy Policy only applies to JimiFleet, its cloud-based software service provider or relevant services offered by Shenzhen Jimi IoT Co., Ltd (hereinafter referred to as "we" or "us"). You are welcome to use the location services provided by this application. We work hard to protect your privacy and personal information. This Privacy Policy applies to all scenarios where you use the services provided by this application.
This application mainly provides location services, voice services, video services, and picture services. If you do not agree to or do not understand any part of this Privacy Policy, you must not proceed to use this application. By continuing to use this application, you have fully understood and agreed to all of this Privacy Policy.
This Privacy Policy will help you understand the following content:
- What information we collect
- How we use cookies and other technologies
- Storage of information
- Information security
- How we use your information
- Sharing your information
- Your rights
- Protection of minors
- Changes to this policy
- Contact information
The details of this Privacy Policy are as follows:
1. What information we collect
To provide better services to you, we may collect information provided by you or generated during your use of our services in the following ways:
1.1 When you create an account with your email address, you provide us with your email address and mobile number. We are fully aware that email addresses and mobile numbers are sensitive information; we collect such information to comply with the Internet real-name system stipulated in relevant laws and regulations. If you decline to provide such information, you may be denied access to the application and its relevant functions.
1.2 When you use this application, to ensure the normal use of all our services in accordance with relevant laws and regulations and to better our services and secure your account, we may collect the following data: device model, operating system, browser name and version, unique device identifier, login IP address, application version number, network access mode, type, and status, and crash log information of the application. Such information is essential for providing services.
1.3 Requesting for network data and remote version updates is the basic function of this application. To this end, we may need permission to access your device status and external storage. We will apply for these two permissions for the first time you use our services. If you decline to grant such permissions, the application cannot provide services. If you wish to continue to use these services after the decline, you can go to the system permissions management module and re-grant the read and write permissions on the mobile status and external storage.
1.4 When we have your consent, we may acquire your precise location information (GPS information) to offer you location services. Such information belongs to sensitive information; by declining to provide such information, you will be unable to view your current location, but you can still use other functions.
1.5 When you use pictures, recordings, or video services, we may collect these pictures, recordings, and video content, as collecting such information is essential for the basic services of the device. This information is stored on a cloud server; you are entitled to request to delete it.
1.6 When you use the location services, we may use the location function of Baidu, OpenStreetMap, Here, Google, Mapbox, or ArcGIS maps, as the location services is an essential function of this application. The location information returned by these maps and collected by us will be displayed in a timely manner on the application; we shall not use it for any other purpose.
1.7 To help us better understand the operation status of our application, we may call up the third-party service Google Analysis to record relevant information. We shall not combine the information in the analysis software with any personal information provided by you in our application.
1.8 When you use the push function of the platform, we may use third-party push services (such as JPush and Amazon) to provide you such push services, so you can receive device alarm notifications
1.9 When you use the share function, the system may complete the sharing via the third-party sharing tool you selected, which makes sharing trips to your friends more convenient.
You understand that the functions and services we offer are always updating and evolving. If a function or service that is not specified in the description above collects your personal information, we will use webpage tips, interactive procedures, website bulletins, or other methods to notify you of the information, scope, and purpose of such a collection.2. How we use cookies and other technologies
Cookie is a mechanism that supports a server (or script) to store information to and retrieve information on a client. When you use some functions, we may send one or multiple cookies or anonymous identifiers to your device. When you interact with these functions, we allow the sending of cookies or anonymous identifiers to the server. A cookie normally contains some randomly generated characters. By using cookie technology, this application can understand your behavior of use or help you know the security status of your account. Cookies can also help us to do statistics about traffic and analyze the effectiveness of the page design.
We will not use cookies for any purposes other than those stated in this Privacy Policy. You can manage or delete cookies according to your preferences.
3. Storage of information
We strictly abide by laws and regulations and the agreement with users and use the information we collect for the following purposes. If we use your personal information for purposes other than those stated below, we will explain to you again and ask for your consent.
The personal information this application collects is transmitted over the internet to and stored on our system server in an encrypted manner. The security level of our equipment room management, server management, network management, and this application is relatively high. We retain your information only for the period necessary for the purposes stated in this Privacy Policy and for the period stipulated by laws, regulations, and supervision. We will not share the above information with any third party or use it for any purposes other than stated unless you choose to or under the requirements of relevant laws and regulations.
3.1 Information storage location
We may, in accordance with laws and regulations and based on actual requirements, store the personal information we collect on our cloud server.
3.2 Information retention period
Generally, we may retain your personal information only for the period necessary for the purposes stated.
When our product or services stops operating, we shall notify you via a push notification or bulletin or in any other way. We will also delete or anonymize your personal information within a reasonable period and stop collecting your personal information immediately.
4. Information security
We strive to guarantee the security of our users' personal information to prevent the information from being lost, used illegally, or accessed or disclosed without authorization.
We will use all types of security precautions at a reasonable security level to protect your personal information. For example, we may use encryption technologies (such as SSL) to protect your personal information.
We will enhance the security capability of our software installed on your device by constantly improving the technologies to prevent the disclosure of your personal information. For example, we may encrypt part of the information locally for secure transmission.
We have established a dedicated management system, procedure, and organization to guarantee the security of information. For example, we strictly control the persons who are allowed to access the information, and these persons are required to observe confidentiality obligations.
If any security incident, such as personal information disclosure occurs, we will take the contingency plan to stop the incident from expanding and notify you via a push notification, bulletin, or in any other way.
5. How we use your personal information
To ensure the security of the services and help us to better understand the operation status of our application, we may record relevant information such as the frequency you use an application, crash data, overall use statistics, performance data, and the source of the application. We will not combine the information in the analysis software with any personal information you provided in our application.
If we use your personal information for purposes other than stated or outside the direct or reasonable associated scope, we will ask for your explicit consent prior to use.
6. Sharing your information
We will not disclose any personal information we collect other than to our cloud based software service providers. If under any circumstance we have to disclose such information, we will notify you of the purpose of this disclosure, the type of information to be disclosed, and the sensitive information that may involve, and ask for your explicit consent.
We may share your information with selected third parties including: Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you for the purpose of provider the service to you.
In addition, in accordance with relevant laws, regulations, and national standards, we may disclose your information without your prior consent in the following circumstances:
1) Relate directly to national security or national defense;
2) Relate directly to public safety, public health, or major public interest;
3) Relate directly to crime investigation, lawsuits, judgment, etc.
4) For the purpose of safeguarding major legitimate rights and interests such as the life or property of the subject of the personal information or another person while it is hard to have the consent of the person themselves;
5) Personal information that the subject of the personal information voluntarily shares to the public;
6) Personal information collected from information disclosed legally, such as from news reports or information published by the government;
7) Other circumstances stipulated by laws and regulations.
7. Your rights
During your use of this application, to ensure that you can access, modify, and delete your personal information conveniently and to guarantee your rights to withdraw your consent to use your personal information and to log off your account, we offer you corresponding operation settings in our product design.
To query, modify, or delete your personal information, go to Profile > Personal info.
8. Protection of minors
The protection of the personal information of minors is important to us. In accordance with relevant laws and regulations, if you are under age 14, you must have the written consent of your parent or legal guardian before using this application. If you are the legal guardian of a minor, when you have any questions about the personal information of the minor you are guarding, you can contact us via the contact information in section 10.
9. Changes to this policy
We change this Privacy Policy from time to time. When terms in this Privacy Policy change, we will present to you the instructions after change with pop-ups when you log in or update your version. Please be noted that we will collect, use, and store your personal information in accordance with the new Privacy Policy only when you click on the I Agree button in the pop-up. You can view the Privacy Policy in Profile > Settings > About us.
10. Contact Information
If you have any suggestions on this application, please contact us via Profile > Feedback. We will review the feedback as soon as possible and reply to the feedback in fifteen (15) days after we have verified your identity.
We have established a dedicated personal data protection department (or a personal data protection specialist), you can contact the department (specialist) via.
tel: +86-755-29121290
Email: info@jimilab.com
Contact address:Floor 3-4, Building A, Building 7, Shenzhen International Innovation Valley, Dashi 1st Road, Nanshan District, Shenzhen, China
Shenzhen Jimi IoT Co., Ltd
Device Warranty
All JimiFleet Co,. Ltd (“JimiFleet”) Products are covered by the limited warranty described below.
Limited Warranty
JimiFleet will honor the Manufacturer's warranty that the Products will be free from defects in material and workmanship for the applicable warranty period and that the Products will operate substantially according to specifications for a period of one year after the date of purchase.
Scope Of Limited Warranty
This Limited Warranty applies to JimiFleet products purchased directly from JimiFleet, or through an authorized dealer, distributor or reseller. This Limited Warranty extends only to the initial purchaser /end user of the Product.
Warranty Procedures And Remedies
During the applicable warranty period, if a customer is unable to resolve a product problem and JimiFleet Technical Support Team determines the product is defective, a Return Material Authorization (RMA) will be issued by the JimiFleet TST. Following receipt of an RMA number, the customer shall return the product to JimiFleet directly or by courier. Upon verification of the Product's eligibility for replacement under warranty, JimiFleet will replace the product and return it to the customer. If the product is not covered by the warranty, the customer will be required to purchase a new product if they wish to continue to use the Service. No services are handled at the customer's site under this Limited Warranty.
Warranty Periods
The Limited Warranty is valid for a period of one year from the date of purchase from JimiFleet or its authorized reseller or distributor. Customers may be required to provide proof of purchase as a condition of receiving a warranty service.
The warranty periods for JimiFleet products are stated in the Warranty by Product table below.
Extended Warranty (3 Years)
An extended warranty can be purchased at an additional cost. This warranty is for 3 years from the date of purchase (hereinafter refer to the invoice date or receipt date issued by JimiFleet or its reseller or distributor).
Warranty does not cover:
- The device has exceeded the warranty period or failure to provide a valid invoice or receipt as proof of purchase.
- Damage due to misuse, including physical damages or PCB burnout.
- Malfunction of hardware due to unauthorized ROM flashing/system upgrades.
- Normal wearing down of housing or other consumable parts.
- Malfunction or damages to the hardware caused by unauthorized repair, disassembling or alteration by any party other than JimiFleet or its authorized.
- Deliberate short circuit of battery or cut-off of data cable
Replacement:
Free replacement is provided if a manufacturing defect is identified within the first month from the date of purchase.
Maintenance:
- Free repairs are available for items for their functional defects within the warranty period. Shipping costs shall be borne by both parties
- For malfunction caused by misuse within warranty, JimiFleet would offer maintenance while any material cost for repair shall be borne by the customer. Shipping costs shall be borne by buyers.
- For malfunction beyond the warranty period, JimiFleet may charge a repair fee. Shipping costs shall be borne by buyers.
* JimiFleet reserves the right to a final decision on the interpretation.
Warranty Exclusions:
No warranty will apply if the Product or Software (1) has been altered, except by JimiFleet; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by JimiFleet in the applicable product documentation; or (3) has been subjected to unreasonable physical, thermal or electrical stress, liquid damage, misuse, negligence, accident or act of God. The Limited Warranty also does not extend to any damage, malfunctions, or non-conformities caused by (1) normal wear due to product use; (2) use of non-JimiFleet furnished equipment or software with products; or (3) failure to implement all new updates to Software.
Disclaimer:
Except as expressly set forth above, JimiFleet makes no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement, or warranties or obligations arising from a course of dealing, usage or trade practice. Further, JimiFleet does not warrant that its software is error-free or that end users will be able to operate the software without problems or interruption.
Limitation Of Liability
Your exclusive remedy for any defective product is limited to the replacement of the defective product.
In no event will JimiFleet, its affiliates, including any associated cloud-based software service providers of JimiFleet, be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if JimiFleet or its affiliate has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. The total cumulative liability to an OEM manufacturer or end user, from all causes of action and all theories of liability will be limited to and will not exceed the purchase price of the product. In addition, JimiFleet shall not be liable for the customer's or any third party's software, firmware, information, or memory data contained in, sorted on, or integrated with any product returned to JimiFleet, whether under warranty or not.
General
The laws of China govern this Limited Warranty.
To the extent there is a conflict between this Limited Warranty and an agreement between JimiFleet and a distributor, reseller, OEM manufacturer or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by a court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.
JimiFleet is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers or other service providers. JimiFleet reserves the right to amend or change this policy at any time at its sole discretion.
PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE.
BY DOWNLOADING THE APP AND CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU, AND YOU MUST CANCEL THE DOWNLOAD.
This end-user licence agreement (EULA) is a binding agreement between you and JimiFleet (powered by Jimi IoT and Amber Connect Limited) (Licensor / us or we) for the use of JimiFleet mobile application software, the data supplied with the software, and the associated media (App) and our Devices.
Acknowledgements
The terms of this EULA apply to the App, our Devices and any Services accessible through the App (Services), including any updates or supplements to the App or Services, unless they come with separate terms, in which case those terms apply. If any open-source software terms in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source License may override some of the terms of the EULA. We may change these terms at any time. You agree to read them from time to time and that your continued use of the App will mean you agree to any such changes. From time to time, updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You may be charged by your service provider for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
The terms of our privacy policy at JimiFleet@jimilab.com (Privacy Policy) are incorporated herein by reference and apply once the Service being used by you does not have a separate privacy policy. Additionally, by using the Devices, App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The App may be used with Devices and Services governed by third-party contracts, terms of use and privacy policies. Upon your use of them, you will also be bound by those contracts, terms of use and privacy policies. By using the App or any of the Services, you consent to us dealing with your information in accordance with the Privacy Policy, including collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you; and sharing your account information and personal data with our third-party service partners to ensure the effective activation and provision of Services hereunder;
Certain Services will make use of location data sent from the Devices. If you use these Services, you consent to us and our third-party partners, affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant And Scope Of Licence
In consideration of your agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and rules or policies applied by any app store provider or operator from whose site (App Store), you downloaded the App (App Store Rules) incorporated into this EULA by reference. We reserve all other rights. We have not limited the number of devices to which you may download the App, provided it is only for your personal display and use.
Licence Restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree to each and all of the following License Restrictions: not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to adapt, alter, vary or modify the App or any part of it, nor attempt to do so; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by law) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving interoperability of the App with another software program: (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software that is substantially similar to the App; to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; to include our copyright notice on all entire and partial copies you make of the App on any medium; not to sell, re-sell or otherwise exploit for any commercial purpose nor provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
Acceptable Use Restrictions
You also agree to each and all of the following Acceptable Use Restrictions: You must:- not use the Device, the App or any Service in any fraudulent, malicious or unlawful manner, or for any fraudulent, malicious or unlawful purpose, or in any manner inconsistent with this EULA or the laws of China; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA); not transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment; not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users ; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. You should be aware that you might be liable to criminal penalties if you use the App in any of the ways prohibited above.
Intellectual Property Rights
You acknowledge that all intellectual property rights in the Devices, App, and Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
Limited Warranty
We warrant that the App will when properly used and on an operating system for which it was designed and with the requisite data connection, perform substantially in accordance with the functions available on www.jimifleet.ai. The App is, however, used at your own risk. We do not warrant that it is compatible with any other security system you may use and should not be relied upon to provide specific security, consultancy, logistics or other advice, for which you should rely on the advice of professional or official personnel. We will honour the Limited Manufacturer's Warranty only with respect to the Device, and you will, therefore, be entitled to have the Device replaced if it falls within the terms of the Warranty provided. In addition to the warranty, You should acquaint yourself with the Customer Advisory and Product Disclaimer provided with the Devices when purchased.
If you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a free download of the App, but nothing further. The warranty does not apply if the defect or fault in the App or any Service results from you having altered or modified the App or tried to do so; if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; if the failure to obtain the results you seek were never offered by this App or were as a result of your act or omission; if the failure to obtain the results you seek are due to an Event Outside of Our Control; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. To avoid doubt, we do not warrant that any of the functions of the App will be uninterrupted or error-free, nor that the server that makes the App available will be virus free. Although significant efforts have been made to ensure that the information in the App is as accurate as possible, We give no warranty to that effect and accept no responsibility for the accuracy or completeness of the App. The information on the App may be changed or withdrawn without notice to you. Should you have any concerns about how the App functions, you may contact us at JimiFleet@jimilab.com.
Limitation Of Liability
You acknowledge (a) that neither the Devices nor the App has been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Devices and App as described on the website meet your requirements (b) that the App relies on coordinates from GPS Satellite signals and Third Party information including mapping information and therefore we do not warrant accuracy of the coordinates or content provided by such signals or Third Parties; (c) that you are responsible for keeping your passwords and other important information private, that you are responsible for keeping the battery in your Device charged, and that if you are using vehicle or other tracking Devices you must ensure that their locations in your vehicle or other items must also be kept private, and (d) that where installation of your Device is required you must ensure that this is done by an authorized installer in accordance with wiring instructions, but we are not responsible for any improper installation. We will not be responsible for any direct or indirect consequences of your failure to undertake the actions in paras (a) (c) and (d) or to acknowledge the warranty in (b).
Unless you have purchased the JimiFleet Service, we only supply the App to you for private use. In any event, You agree not to use the Device or App for re-sale or any similar commercial purposes. You agree that in no circumstances whatsoever will we have any liability to you for any loss of income, loss of profit, loss of business, business interruption, or loss of business opportunity. In no event shall We be liable for any form of loss or direct, indirect or consequential damages or any damages whatsoever which may arise out of your use of our Devices or this App. You acknowledge and agree that you are personally responsible for your conduct while using the Device and App and agree to indemnify Jimi Fleet (Powered by Jimi IoT and Amber Connect Limited), its affiliates, service and content providers, licensors and any of their employees, officers and agents against any loss, damage, liability, cost, or expense of any kind (including legal fees) that We may incur in connection with a third party claim or otherwise in relation to your use of the Device or App or any of the apps linked to the App or your violation of this EULA or our Terms of Use.
Our maximum aggregate liability under or in connection with this EULA (including your use of the Device or any Services), whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to US$20.00. This does not apply to the death or personal injury resulting from our gross negligence and any other liability that cannot be excluded or limited by Chinese law.
Termination
We may terminate this EULA immediately by written notice to you if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and On termination for any reason: all rights granted to you under this EULA shall cease; you must immediately cease all activities authorised by this EULA, including your use of any Services; and you must immediately delete or remove the App from all Devices,
Communication Between Us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to jimifleet@jimilab.com. We will confirm receipt by e-mail. If we have to contact you or give you notice in writing, you hereby agree that we may do so by e-mail to the address you provided to us in your request for the App.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including disruption of GPS satellite signals, inaccuracy of 3rd party mapping providers, poor weather, failure of public or private telecommunications networks, lack of network coverage in a particular location, disruption of telecommunications services due to technical issues, poor weather or any other cause, improper installation of a Device by an installer or any other failure of any Third Party with whom you have contracted for a Service used with the App whether same was foreseeable or not and whether it was due to their negligence or wilful default or not strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: our obligations under this EULA will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use commercially reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other Important Terms
We may transfer our rights and obligations under this EULA to another organisation without prior notice to you, but this will not affect your rights or our obligations under this EULA. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Please note that this EULA, its subject matter and its formation are governed by Chinese law. We both agree that the courts of China will have exclusive jurisdiction over any matters related to the use of the Device, the App, or the Services.
Your Device may also contain a SIM card through which data connectivity and Services are provided. If so, Jimi Fleet (Powered by Jimi IoT and Amber Connect Limited) is and shall remain the sole owner of the SIM Card, and it must be returned to us or anyone acting on our behalf, on request. You must not interfere or tamper with this card for any reason, and you are not allowed to let third parties interfere or tamper with the SIM Card and/or use the SIM Card for any other purposes other than our services to you. If you do, you will be responsible for any charges incurred on the SIM Card's account, any damage or failure of the Services and its replacement cost. Any SIM Card found defective (through no fault of ours) will require payment by you for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge once returned within the warranty period specified.
This agreement has been entered into as of the date on which You first downloaded this App.
All Amber Connect Products are covered by the limited warranty described below.
Limited Warranty
Amber Connect will honor the Manufacturer's warranty that Products will be free from defects in material and workmanship for the applicable warranty period and that the Products will operate substantially according to specifications for a period of one year after the date of purchase.
Scope Of Limited Warranty
This Limited Warranty applies to Amber Connect products purchased directly from Amber Connect, or through an authorized dealer, distributor or reseller. This Limited Warranty extends only to the initial purchaser /end user of the Product.
Warranty Procedures and Remedies
During the applicable warranty period, if a customer is unable to resolve a product problem and Amber Connect Technical Support Team determines the product is defective, a Return Material Authorization (RMA) will be issued by the Amber Connect TST. Following receipt of an RMA number, the customer shall return the product to Amber Connect directly or by courier. Upon verification of the Product's eligibility for replacement under warranty, Amber Connect will replace the product and return it to the customer. If the product is not covered by the warranty, the customer will be required to purchase a new product if they wish to continue to use the Service. No services are handled at the customer's site under this Limited Warranty.
Warranty Periods
The Limited Warranty is valid for a period of one year from the date of purchase from Amber Connect or its authorized reseller or distributor. Customers may be required to provide a proof of purchase as a condition of receiving a warranty service.
The warranty periods for Amber Connect products are stated in the Warranty by Product table below.
Extended Warranty (3 years)
Extended warranty can be purchased at an additional cost. This warranty is for 3 years from the date of purchase (hereinafter refer to the invoice date or receipt date issued by Amber Connect or its reseller or distributor).
Warranty does not cover:
- Device has exceeded the warranty period or failure to provide a valid invoice or receipt as proof of purchase.
- Damage due to misuse including physical damages or PCB burnout.
- Malfunction of hardware due to unauthorized ROM flashing/system upgrades.
- Normal wearing down of housing or other consumable parts.
- Malfunction or damages to the hardware caused by unauthorized repair, disassembling or alteration by any party other than Amber Connect or its authorized.
- Deliberate short circuit of battery or cut-off of data cable
Replacement:
Free replacement is provided if a manufacturing defect is identified within the first month since the date of purchase.
Maintenance:
- Free repairs are available for items for their functional defects within the warranty period. Shipping cost shall be borne by both parties.
- For malfunction caused by misuse within warranty, Amber Connect would offer maintenance while any material cost for repair shall be borne by the customer. Shipping cost shall be borne by buyers.
- For malfunction beyond the warranty period, Amber Connect may charge a repair fee. Shipping cost shall be borne by buyers.
* Amber Connect reserves the right of final decision on the interpretation.
Warranty Exclusions
No warranty will apply if the Product or Software (1) has been altered, except by Amber Connect; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Amber Connect in the applicable product documentation; or (3) has been subjected to unreasonable physical, thermal or electrical stress, liquid damage, misuse, negligence, accident or act of God. The Limited Warranty also does not extend to any damage, malfunctions, or non-conformities caused by (1) normal wear due to product use; (2) use of non-Amber Connect furnished equipment or software with products; or (3) failure to implement all new updates to Software.
Disclaimer
Except as expressly set forth above, amber connect makes no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement, or warranties or obligations arising from a course of dealing, usage or trade practice. Further, amber connect does not warrant that its software is error free or that end users will be able to operate the software without problems or interruption.
Limitation of Liability
Your exclusive remedy for any defective product is limited to the replacement of the defective product.
In no event will Amber Connect or its affiliates be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if amber connect or its affiliate has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. The total cumulative liability to an OEM manufacturer or end user, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product. In addition, amber connect shall not be liable for customer's or any third party's software, firmware, information, or memory data contained in, sorted on, or integrated with any product returned to amber connect, whether under warranty or not.
General
The laws of Jamaica govern this Limited Warranty.
To the extent there is a conflict between this Limited Warranty and an agreement between Amber Connect and a distributor, reseller, OEM manufacturer or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.
Amber Connect is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers or other service providers. Amber Connect reserves the right to amend or change this policy in its sole discretion at any time.
Amber connect terms and conditions for sale of products
PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE.
BY DOWNLOADING THE APP AND CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST CANCEL THE DOWNLOAD.
This end-user licence agreement (EULA) is a binding agreement between you and Amber Connect Limited (Licensor / us or we) for use of Amber Connect mobile application software, the data supplied with the software, and the associated media (App) and our Devices.
Acknowledgements
The terms of this EULA apply to the App, our Devices and any Services accessible through the App (Services), including any updates or supplements to the App or Services, unless they come with separate terms, in which case those terms apply. If any open-source software terms in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source License may override some of the terms of the EULA. We may change these terms at any time. You agree to read them from time to time and that your continued use of the App will mean you agree to any such changes. From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You may be charged by your service provider for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
The terms of our privacy policy at Amberconnect.com (Privacy Policy) are incorporated herein by reference and apply once the Service being used by you does not have a separate privacy policy. Additionally, by using the Devices, App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The App may be used with Devices and Services governed by third party contracts, terms of use and privacy policies. On your use of them, you will also be bound by those contracts, terms of use and privacy policies. By using the App or any of the Services, you consent to us dealing with your information in accordance with the Privacy Policy including: collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you; and sharing your account information and personal data with our third party service partners to ensure the effective activation and provision of Services hereunder;
Certain Services will make use of location data sent from the Devices. If you use these Services, you consent to us and our third party partners, affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant and scope of licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and rules or policies applied by any app store provider or operator from whose site (App Store), you downloaded the App (App Store Rules) incorporated into this EULA by reference. We reserve all other rights. We have not limited the number of devices to which you may download the App provided it is only for your personal display and use.
Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree to each and all of the following License Restrictions: not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to adapt, alter, vary or modify the App or any part of it, nor attempt to do so; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by law) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving interoperability of the App with another software program: (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software that is substantially similar to the App; to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; to include our copyright notice on all entire and partial copies you make of the App on any medium; not to sell, re-sell or otherwise exploit for any commercial purpose nor provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
Acceptable use restrictions
You also agree to each and all of the following Acceptable Use Restrictions: You must:- not use the Device, the App or any Service in any fraudulent, malicious or unlawful manner, or for any fraudulent, malicious or unlawful purpose, or in any manner inconsistent with this EULA or the laws of Jamaica; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA); not transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment; not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users ; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. You should be aware that you might be liable to criminal penalties if you use the App in any of the ways prohibited above.
Intellectual property rights
You acknowledge that all intellectual property rights in the Devices, App, and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
Limited warranty
We warrant that the App will, when properly used and on an operating system for which it was designed and with the requisite data connection, perform substantially in accordance with the functions described on Amberconnect.com. The App is however used at your own risk, we do not warrant that it is compatible with any other security system you may use and should not be relied upon to provide specific security, consultancy, logistic or other advice, for which you should rely on the advice of a professional or official personnel. We will honour the Limited Manufacturer's Warranty only in respect of the Device and you will therefore be entitled to have the Device replaced if it falls within the terms of the Warranty provided. In addition to the warranty, You should acquaint yourself with the Customer Advisory and Product Disclaimer provided with the Devices when purchased.
If you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a free download of the App, but nothing further. The warranty does not apply: if the defect or fault in the App or any Service results from you having altered or modified the App or tried to do so; if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; if the failure to obtain the results you seek were never offered by this App or were as a result of your act or omission; if the failure to obtain the results you seek are due to an Event Outside of Our Control; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. For the avoidance of doubt, We do not warrant that any of the functions of the App will be uninterrupted or error-free, nor that the server which makes the App available will be virus free. Although significant efforts have been made to ensure that the information in the App is as accurate as possible, We give no warranty to that effect and accept no responsibility for the accuracy or completeness of the App. The information on the App may be changed or withdrawn without notice to you. Should you have any concerns about how the App functions, you may contact us at info@amberconnect.com.
Limitation of liability
You acknowledge (a) that neither the Devices nor the App has been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Devices and App as described on the website meet your requirements (b) that the App relies on coordinates from GPS Satellite signals and Third Party information including mapping information and therefore we do not warrant accuracy of the coordinates or content provided by such signals or Third Parties; (c) that you are responsible for keeping your passwords and other important information private, that you are responsible for keeping the battery in your Device charged, and that if you are using vehicle or other tracking Devices you must ensure that their locations in your vehicle or other items must also be kept private, and (d) that where installation of your Device is required you must ensure that this is done by an authorized installer in accordance with wiring instructions, but we are not responsible for any improper installation. We will not be responsible for any direct or indirect consequences of your failure to undertake the actions in paras (a) (c) and (d) or to acknowledge the warranty in (b).
Unless you have purchased the Amber Fleet Service, we only supply the App to you for private use. In any event, You agree not to use the Device or App for re-sale or any similar commercial purposes. You agree that in no circumstances whatsoever will we have any liability to you for any loss of income, loss of profit, loss of business, business interruption, or loss of business opportunity. In no event shall We be liable for any form of loss or direct, indirect or consequential damages or any damages whatsoever which may arise out of your use of our Devices or this App. You acknowledge and agree that you are personally responsible for your conduct while using the Device and App and agree to indemnify Amber Connect Limited, its affiliates, service and content providers, and any of their employees, officers and agents against any loss, damage, liability, cost, or expense of any kind (including legal fees) that We may incur in connection with a third party claim or otherwise in relation to your use of the Device or App or any of the apps linked to the App or your violation of this EULA or our Terms of Use.
Our maximum aggregate liability under or in connection with this EULA (including your use of the Device or any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to US$20.00. This does not apply to the death or personal injury resulting from our negligence and any other liability that cannot be excluded or limited by Jamaican law.
Termination
We may terminate this EULA immediately by written notice to you: if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and On termination for any reason: all rights granted to you under this EULA shall cease; you must immediately cease all activities authorised by this EULA, including your use of any Services; and you must immediately delete or remove the App from all Devices,
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by registered post to Amber Connect Limited at Pinnacle Point, Suite 11B, 53 Lady Musgrave Road, Kingston 10, Jamaica. and info@amberconnect.com. We will confirm receipt by e-mail. If we have to contact you or give you notice in writing, you hereby agree that we may do so by e-mail to the address you provide to us in your request for the App.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including disruption of GPS satellite signals, inaccuracy of 3rd party mapping providers, poor weather, failure of public or private telecommunications networks, lack of network coverage in a particular location, disruption of telecommunications services due to technical issues, poor weather or any other cause, improper installation of a Device by an installer or any other failure of any Third Party with whom you have contracted for a Service used with the App whether same was foreseeable or not and whether it was due to their negligence or wilful default or not strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use commercially reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other important terms
We may transfer our rights and obligations under this EULA to another organisation without prior notice to you, but this will not affect your rights or our obligations under this EULA. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Please note that this EULA, its subject matter and its formation, are governed by Jamaican law. We both agree that the courts of Jamaica will have exclusive jurisdiction over any matters related to use of the Device or the App or the Services.
Your Device may also contain a SIM card through which data connectivity and Services are provided. If so, Amber Connect Limited is and shall remain the sole owner of the SIM Card and it must be returned to us, or anyone acting on our behalf, on request. You must not interfere or tamper with this card for any reason and you are not allowed to let third parties interfere or tamper with the SIM Card and/or use the SIM Card for any other purposes then our Services to you. If you do, you will be responsible for any charges incurred on the SIM Card's account, any damage or failure of the Services and for its replacement cost. Any SIM Card found defective (through no fault of ours) will require payment by you for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.
This agreement has been entered into as of the date on which You first downloaded this App.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
These terms of use together with the documents referred to in it tells you the terms of use on which you may make use of our website AmberConnect.com (our site). Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
Information about us
Amberconnect.com is a site operated by Amber Connect Limited ("We"). We are registered in Jamaica and have our registered office at, Pinnacle Point, Suite 11B, 53 Lady Musgrave Road, Kingston 10, Jamaica, WI.
Changes to these terms
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@amberconnect.com.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to security advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up'to'date.
Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or any other liability that cannot be excluded or limited by Jamaican law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Please note that we only provide our site for private use. You agree not to use our site for re'sale or similar business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial'of'service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non'confidential and non'proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights you licence
When you upload or post content to our site, you grant the following licenses:
LICENCES GRANTED TO THE WEBSITE OWNER a perpetual, worldwide, non'exclusive, royalty'free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the services provided by and through the website and across different media.
LICENCES GRANTED TO THIRD PARTIES a license to permit our service partners to use the content for their own purposes as needed to ensure the functionality of the site, the Amber App and services.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial'of'service attack or a distributed denial'of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co'operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, We have no control over the contents of those sites or resources and it is your responsibility to assure yourself regarding their content.
Applicable law
Please note that these terms of use, its subject matter and its formation, are governed by Jamaican law. You and we both agree to that the courts of Jamaica will have exclusive jurisdiction.
Trade marks
Amber and Amber Connect are registered trade marks of Amber Connect Limited.
Contact us
To contact us, please email info@amberconnect.com.
Thank you for visiting our site.
AMBERCONNECT.COM ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you and us under which you may access our website Amberconnect.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Amberconnect.com is a site operated by Amber Connect Limited (we or us). We are registered in Jamaica under company number 90051 and we have our registered office at Units 1'3, 6 Haining Road, Kingston 5, Jamaica.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re'use any material which does not comply with our content standards set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time'bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re'sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use [INSERT AS LINK TO TERMS OF USE] upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.