1. Definitions. In this Agreement the following definitions apply:
    1. “we,” “us,” “our,” “CaribTrax” and “CaribCommerce” mean Caribbean Commerce Ltd.. and its affiliates;
    2. “you,” “your,” “customer,” and “user” mean an account holder or user with us;
    3. “Device” means any device, accessory or other product we sell, lease or finance to you or that is active on your account with us;
    4. “Service” means our offers, rate plans, options, or Devices on your account with us.
    5. “Services” means our offers, plans, options, or Devices on account with us.

 

  1. The Subscription Agreement. This Subscriber Agreement (“Agreement”) is a month-to-month agreement under which we agree to provide and you agree to accept our Services. In addition to these Terms and Conditions of Service (“Ts&Cs”), there may be other Agreements including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction, and any confirmation materials we may provide you, and Early Termination Fees if applicable. It is important that you carefully read ALL terms of this Agreement and any other Agreement you sign or accept.

 

  1. Services Covered By These Ts&Cs & Additional Terms. These Ts&Cs apply to our Services Plans and any other Service we offer you that references these Ts&Cs. Additional Terms and Conditions may be applicable in the event you added services beyond our Services Plans. Also, a different dispute resolution provision will likely apply for services provided by another company, although the dispute resolution provisions in this Agreement still apply to our Services. You will be provided details on any additional terms with your selection of any of our bundled Service.
  2. Our Policies. Services are subject to our business policies, practices and procedures (“Policies”) including, but not limited to, our Privacy Policy available at our website. You agree to all of our Policies when you use our Services. Our Policies are subject to change at any time, with or without notice.
  3. When You Accept The Agreement. You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following:
    1. sign the agreement with us on paper or electronically;
    2. accept the Agreement through an oral or electronic statement;
    3. attempt to or in any way use the Services;
    4. pay for the Services; or
    5. open any package or start any program that says you are accepting the Agreement when doing so.
  4. Our Right To Change The Agreement & Your Related Rights. We may change any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of changes that may impact you in a manner consistent with this Agreement (see “Providing Notice Under This Agreement” paragraph). Except as provided below, if a change we make to the Agreement is material and has a material adverse effect on you, you may terminate each Device materially affected without incurring an Early Termination Fee only if you:
    1. call us within 30 days after the effective date of the change; and
    2. specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made.

The following, without limitation, will generally not be considered changes to the Agreement as contemplated in this provision:

  1. changes to our Policies;
  2. changes to Taxes & Government Fees; or
  3. changes to Surcharges, including assessing new Surcharges.
  1. Our Right To Suspend Or Terminate Services. We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to:
    1. late payment;
    2. exceeding an Account Usage Limit (“AUL”);
  • harassing/threatening our employees or agents;
  1. providing false information;
  2. interfering with our operations;
  3. using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement or applicable laws;
  • breaching the Agreement, including our Policies;
  • providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt;
  1. modifying a Device from its manufacturer specifications; or
  2. if we believe the action protects our interests, any customer’s interests or our network.
  1. Your Right To Terminate Services. You can terminate Services at any time by writing and/or emailing us and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services.
  2. Restrictions On Using Services. You may not use our Services:
    1. to transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene;
    2. in a way that could cause damage or adversely affect our customers, reputation, network, property or Services;
  • to communicate any unsolicited message;
  1. to infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code; or
  2. in any way prohibited by the terms of our Services, the Agreement or our Policies.
  1. Your Device Number. Your Device is designed exclusively for use on our network and in other coverage areas we make available to you. Except for any legal right you may have to port/transfer your Device number to another provider, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
  2. Warranty. Subject to the exclusions contained below, CaribCommerce warrants its CaribTrax device (“Device”), and/or certified accessories sold for use with the Device (“Accessories”) to be free from defects in materials and workmanship under normal usage for the term of coverage outlined below. This limited warranty is a customer’s exclusive remedy, and applies as follows only to new Devices and/or new Accessories purchased by customers in St. Kitts-Nevis.
    1. Terms. All Devices and Accessories shall be covered under this warranty for a period of one (1) year from the date of purchase regardless of when the Device or Accessory is actually received.
    2. Exclusions. The following are excluded from coverage under this warranty.
      1. Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.
      2. Ornamental Decorations. Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage.
  • Abuse & Misuse. Defects or damage that result from:
    1. improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse;
    2. contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food;
    3. subjecting the Product or Accessory to abnormal usage or conditions; or
    4. other acts which are not the fault of CaribCommerce, are excluded from coverage.
  1. Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than CaribCommerce, or its authorized service centers, are excluded from coverage.
  2. Altered Products. Products or Accessories with
    1. serial numbers or date tags that have been removed, altered or obliterated;
    2. broken seals or that show evidence of tampering;
    3. mismatched board serial numbers; or
    4. nonconforming or non-CaribCommerce housings, antennas, or parts, are excluded from coverage.
  3. Communication Services. Defects, damages, or the failure of Products, Accessories or Software due to any communication service or signal you may subscribe to or use with the Products, Accessories or Software is excluded from coverage.
  1. Transferability. This warranty extends only to the first customer purchaser, and is not transferable.
  2. Actions. CaribCommerce, at its option, will at no charge repair or replace any Product, Accessory or Software that does not conform to this warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products, Accessories or parts
  1. Coverage; Where Your Device Will Work. Services that rely on location information, such as GPS, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, changes to and support of network cellular technologies, the functionality of various satellites, cell towers, clouds, and other factors. You understand and expressly limit and agree to hold harmless any and all harms that result from the Device not working, malfunctioning, or failing except as specifically provided herein.
  2. Our Service and Device are not substitutes for direct supervision. Our Service and Devices are not substitutes for responsible child care, adult care, or any other form of monitoring for person who may or may not need competent adult supervision, and should not be used as such. You agree to utilize all your best efforts to care for and tend to the dependents in your control. You may not utilize our service or device as a substitute for direct supervision and competent care. Our Device and Services may not function and is thus an ineffective substitute for adequate direct supervision and competent dependent care.
  3. Activation & Miscellaneous Charges. Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
  4. Account & Service Charges; Pro-rating; Unused Services. You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges, taxes, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials we may send to you.
  5. Your Bill. Your bill provides you notice of your charges. It reflects monthly recurring charges (usually billed one bill cycle in advance) and usage/transaction specific charges (usually billed in the bill cycle in which they’re incurred). Your bill may also include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). Your bill will only be available via the internet. You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
  6. Your Payments; Late Fees; Overages. Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs, including attorney’s fees, we pay to a collection agency to collect unpaid balances from you. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier’s check, money order, or any other reasonable method at any time at our sole discretion.
  7. Taxes & Government Fees. You agree to pay all applicable taxes, fees and other assessments that we’re required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you’re claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
  8. Disputing Charges – You Must Still Pay Undisputed Charges. Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill.
  9. Your Service. You service shall be as follows:

 

  • Alerts via Email or SMS
  • 24 hour a day, 7 day per week web portal access
  • Automatic location updates to the web portal every 1 minute while the device is in motion and capable of
  • sending a valid location
  • Radial Geofencing
  • Archived travel and alert histories
  • Note: If the device is not installed in accordance with the CaribTrax Installation Instructions, your location update rate may be reduced until the installation has been corrected and verified by CaribTrax personnel
  1. Payment Policy. You agree to make payments on or before the day of the purchase of each month in the amount set forth in your Agreement plus additional taxes, fees, or surcharges as provided for in this Ts&Cs. You hereby authorize us or our assigns or agents to charge your credit card a monthly reoccurring fee for the pendency of your contract in the full amount of the bill owing. You will receive a monthly receipt of your payment. This receipt may be sent electronically or in a hard copy via mail.
  2. Assignment. CaribCommerce may assign the rights to this contract to third parties at our sole discretion without input or consent from you.
  3. International Usage. Your Device may be set to operate both in St. Kitts-Nevis and may also operate internationally. However, you will be charged additional fees if the Device is in another country other than St. Kitts-Nevis and is utilized. The rate on these fees shall be the actual cost of international roaming charges plus a 40% administration fee. These rates will be charged for any month in which there is any international usage, no matter if the usage was less than an actual month.
  4. Protecting Our Network & Service. We can take any action to:
    1. protect our network, our rights and interests, or the rights of others; or
    2. optimize or improve the overall use of our network and Services. Some of these actions may interrupt or prevent legitimate communications.
  5. Your Privacy. You agree to the terms of our Privacy Policy, available at our website, when you use our Services. This policy may change from time to time, so review this policy with regularity and care. Among other things, the policy includes important information on what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process, to facilitate a merger, etc.). Also, to ensure the quality of our Services and for other lawful purposes, we may also monitor or record calls between us (for example, your conversations with our customer service or sales departments). If you do not agree with the terms of our Privacy Policy, do not purchase or use our Services.

 

  1. Location Based Services. Our network generally knows the location of your Device when it is outdoors and turned on. Environmental factors (such as structures, buildings, weather, geography, landscape, and topography) can significantly impact the ability to access your Device’s location information and use of location-sensitive services. Use of location-sensitive services require network coverage. You (the accountholder) are responsible for clearly and regularly notify the actual user of your Device that their location may be tracked or discovered. For additional information on location-sensitive services, see our Privacy Policy at our website.
  2. If Your Device Is Lost or Stolen. Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).
  3. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
  4. You Agree We Are Not Responsible For Certain Problems. You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from:
    1. anything done or not done by someone else;
    2. providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted messages, etc.);
    3. traffic or other accidents, or any health-related claims relating to our Services;
    4. False messages sent while using our Services;
    5. an interruption or failure in accessing or attempting to access emergency services from a Device;
    6. interrupted, failed, or inaccurate location information services; or
    7. things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.
  5. You Agree Our Liability Is Limited – No Consequential Damages. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, BODILY HARM, DEATH, EMOTIONAL DISTRESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
  6. Indemnification. You agree to indemnify, defend and hold us harmless from any claims arising out of your actions including, but not limited to, failing to provide appropriate notices regarding location-sensitive services (see “Location Based Services” paragraph), or violating this Agreement, any applicable law or regulation or the rights of any third party.
  7. Providing Notice To Each Other Under The Agreement. Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us as instructed on your invoice. We will provide you notice in your bill, correspondence to your last known billing address, to any fax number or e-mail address you’ve provided us, by calling you on your home, by voice message on your home phone.