1. Definitions
1.1 In these Terms, expressions used herein shall be as defined overleaf or otherwise as defined below:
“Additional Services”: services agreed between AiTrack and Subscriber as to be provided by AiTrack to Subscriber from time to time in addition to the Alert Service, the Guard and Recovery Assistance Service, the Monitoring Service, including without limitation web services, App Services, service promotions and limited availability services.
“Affiliate”: a company which is a subsidiary or holding company of Ai Track Private Limited from time to time, or any other company which is a direct or indirect holding company or subsidiary of any such holding company or subsidiary.
“Agreement”: the agreement between AiTrack and Subscriber, constituted by and subject to these Terms and a Form.
“Alert Service”: the service to be provided from time to time by AiTrack of alerting Subscriber to apparently unauthorized movement of Subscriber’s Vehicle, where such service is set out in the Form or such other document (material or otherwise) as may be provided from to time to time by AiTrack to Subscriber for this purpose.
“Approved Technician”: a technician approved by AiTrack to install and maintain Equipment (including without limitation and in AiTrack’s sole discretion employees of AiTrack and third party installers acting for this purpose as AiTrack’s agent)
“Commencement Date”: has the meaning set out in Clause 10.1.
“Cooling Off Period” has the meaning set out in Clause 5.2.
“Equipment”: the hardware and other equipment supplied by AiTrack and installed in a Vehicle by an Approved Technician, including without limitation back-up batteries as applicable and together in each case with any tags or other ancillaries provided by AiTrack which may be used together or in conjunction with any such Equipment. Equipment shall be deemed to include SIM cards.
“Form”: collectively such form, email, notice, welcome letter, welcome pack or other record (in each case in such form, material or otherwise) as AiTrack agrees with or issues to Subscriber (including by way of providing same on the Website) prior to or during Registration, which confirms (subject to Clause 4.12 of these Terms) the Equipment and Subscription Services to be provided to Subscriber.
“Guard and Assistance in Recover Service”: the service to be provided from time to time by AiTrack of guarding and (if applicable) assistance in recovering Subscribers’ stolen Vehicles located by means of the Service, in accordance with and as described in Clause 4.7 and otherwise as may be set out from time to time on the Website in accordance with Clause 4.12.
“Installation Date”: has the meaning set out in Clause 5.1.
“Monitoring Service”: the service to be provided from time to time by AiTrack of monitoring vehicle movement, main battery disconnect Exit Geofence Applied at the time of Acquiring Service and low battery alerts (as applicable) generated by AiTrack’s systems.
“Network”: the radio communications network and/or GPS/GSM network in the Territory operable in conjunction with the Equipment.
“Police”: any Chief Constable, Commissioner of Police, Police Force, Police Authority, or equivalent in the relevant Area and City, or any of their respective servants or local law enforcement officers.
“Privacy Policy”: AiTrack’s privacy policy located on the Website, as same may be amended or varied from time to time by AiTrack in its sole discretion.
“Registration”: the process of Subscriber registering with AiTrack to receive Subscription Services.
“SIM Card”: each Subscriber’s Vehicle Identity Module used for wireless communication and placed within Equipment.
“Site”: has the meaning set out in Clause 3.4.
“Subscriber”: the person whose application for the provision of Subscription Services has been accepted by AiTrack.
“Subscription Charges”: means the charges payable by Subscriber to AiTrack for the provision by AiTrack of Subscription Services, as set out in the Form and/or such other document or record (material or otherwise) as may be agreed between AiTrack and Subscriber or otherwise issued or provided from time to time by AiTrack to Subscriber for this purpose.
”Subscription Period”: means any initial minimum period, together with any extension, repeat or renewal thereof, for which Subscription Charges are payable by Subscriber as set out in the Form or such other document or record (material or otherwise) as may be agreed between AiTrack and Subscriber or otherwise issued or provided from time to time by AiTrack to Subscriber for this purpose. To avoid doubt, in the absence of express written agreement otherwise between AiTrack and Subscriber, an initial minimum Subscription Period shall be deemed to be for one year or for multiple whole years, and periodic subscription payments (monthly or otherwise) shall be construed accordingly.
“Subscriber Procedures”: the instructions and procedures required to be followed by Subscriber in order to ensure proper operation of the Subscription Services from time to time, and which are provided or issued to Subscriber (including without limitation by way of providing same on the Website) from time to time.
“Subscription Services”: collectively the Additional Services, the Alert Service, the Guard and Recovery Assistance Service, the Monitoring Service provided as applicable by AiTrack from time to time in accordance with these Terms.
“Terms”: these terms of business.
“Territory”: the Province, City or Areas in which the Subscription Services are available to be used by the Subscriber, in each case as set out in the Form or such other document (material or otherwise) as may be provided from to time to time by AiTrack to Subscriber for this purpose or the Website from time to time.
“AiTrack”: Ai Track Private Limited, Office No. 301, 3rd Floor, Building NO. 66C, 21st Commercial Street Phase 2 Ext. Defence Housing Authority, Karachi,
“Vehicle”: any vehicle belonging or registered to Subscriber in which Equipment is installed and in respect of which Subscription Services are provided.
“Warranty”: has the meaning set out in Clause 8.1.
“Warranty Period”: 12 (twelve) months from the date of installation in each case of Equipment (provided that such warranty period as Subscriber is entitled to in respect of a Subscription Period which commenced prior to the date on which these Terms take effect shall continue to apply for the duration of such Subscription Period).
“Website”: the website located at the url “www.aitrack.pk” or such other url as may be notified by AiTrack to Subscriber from time to time in accordance with Clause 10.6 of these Terms as appropriate for the Subscription Services.
1.2 Reference in these Terms to the singular includes the plural and vice versa, and to the masculine gender includes the feminine. Headings to clauses are included for ease of reference and shall not affect the interpretation of these Terms. References in these Terms to clauses are references to clauses of these Terms.
2. Agreement and Property
2.1 In consideration of the Subscription Charges, AiTrack agrees to rent the Equipment (where applicable) and provide the Services to Subscriber on the terms set out herein.
2.2 Where Subscriber has paid fully for subscription, on completion of both payment, installation and subscription period that Equipment shall become the property of AiTrack.
2.3 Subscriber indemnifies AiTrack against any theft, loss or damage (fair wear and tear excepted) of or to any property of AiTrack while on or connected with a Vehicle or at any relevant premises, however caused, other than such directly attributable to the fault of AiTrack.
2.4 All intellectual property in, attached to or connected with Equipment shall vest at all times in AiTrack. AiTrack hereby grants a personal, non-exclusive, non-transferable licence to Subscriber of the foregoing, for the sole purpose of enabling Subscriber to make full use of Services.
2.5 Following any sale or other disposal of a Vehicle by Subscriber on or in which Equipment is fitted; Subscriber shall inform AiTrack in writing before the sale of vehicle, in case of without written notice from subscriber change of ownership in vehicle registration will cause termination of subscription from the date of sale of vehicle .
2.6 Subscriber will not sell, underlet or dispose of Equipment, nor allow any of same to be seized in satisfaction of any debt of Subscriber or for any other legal process or purpose, and will indemnify AiTrack against any and all loss, cost, claim, damage and expense, however caused by Subscriber’s breach of this Clause 2.6.
2.7 Where AiTrack fitted the Equipment in Subscriber’s vehicle to enable Subscriber to receive the Subscription Services. The Equipment remains at all times the property of AiTrack. Subscriber shall on request by AiTrack return Equipment on expiry of the Subscription Period subject to and otherwise in accordance with these Terms.
2.8 Subscriber agrees that, in order to protect AiTrack’s property rights, certain Equipment has been or may be fitted with a security device which will corrupt software information contained in that equipment if same is tampered with. Subscriber accepts that it is under an obligation to ensure that Equipment is not tampered with, and that it will have no claim against AiTrack on any basis if any tampering occurs. Subscriber agrees to indemnify AiTrack against any indirect or consequential loss which AiTrack may suffer as a result of such tampering, including without limitation any loss of business, revenue, anticipated savings, profit, goodwill or economic loss.
2.9 Title to all software and other intellectual property in or attaching to Equipment remains at all times with AiTrack. AiTrack grants to Subscriber a non-exclusive, personal, non-transferable, against subscription fee for the term of the Agreement to use such intellectual property for the sole purpose of making use of the Equipment and Services as intended by and in accordance with the Agreement.
3. Installation
3.1 AiTrack will arrange for the installation of Equipment in a Vehicle in accordance with these Terms, provided that Subscriber has paid for installation at such rates as may apply in accordance with advice from AiTrack to Subscriber (installation charges may or may not be wrapped in together with subscription price). Subscriber consents to any reasonable Vehicle changes which may be necessary to certain vehicle types in order to effect such installation, including without limitation by way of drilling a hole and/or changing a vehicle in another way. Subscriber’s signature of or express agreement to a Form, or as Subscriber agrees with AiTrack by phone or as otherwise recorded during Registration shall be deemed as acceptance by Subscriber of the installation arrangements (including date) for Equipment. If Subscriber cancels any agreed appointment to install Equipment less than 2 (two) working days before the said appointment date, AiTrack reserves the right to charge Subscriber a cancellation fee in accordance with AiTrack’s then-applicable price list.
3.2 All Equipment shall be installed and maintained by an Approved Technician. AiTrack shall use reasonable endeavors to ensure that all Approved Technicians are properly trained to carry out installation and maintenance activities. Any Equipment installation or maintenance activity carried out by any other person will invalidate the Warranty and AiTrack will not then be liable to any person on any basis if any Equipment and/ or Subscription Service are adversely affected.
3.3 Installation of Equipment shall take place at such site as may be indicated on the Form or is otherwise agreed by the parties in writing during Registration (each a “Site”). Subscriber shall be responsible for the Site meeting the following standards: (a) the Site shall be safe without hazards; and (b) all necessary utilities (including lighting and electrical power) shall be easily accessible and provided by Subscriber to AiTrack without charge. If Subscriber fails to meet its obligations under this Clause 3.3, AiTrack reserves the right to cancel and reschedule the installation and charge Subscriber a fee in accordance with AiTrack’s then-applicable price list.
3.4 Subscriber’s signature on a job sheet (or equivalent) at the time of installation shall be deemed to be acknowledgement by Subscriber that AiTrack has fulfilled all of its obligations with regard to installation. In the event that Subscriber is dissatisfied with the installation, Subscriber must bring any such complaint to AiTrack’s attention at the time of the installation (or in the event of defects which weren’t reasonably apparent before installation the Subscriber must notify AiTrack before the signing of job sheet (or equivalent). In case of after installation and Sign of Job card subscriber shall not make liable AiTrack for any defect complained by subscriber.
4. Subscription Services
4.1 Subject to any exception (and only to the extent of such exception) which may be set out on the Website from time to time or in these Terms, Subscription Services shall (as applicable) commence to be provided by AiTrack to Subscriber as from the Installation Date in each case. Subscriber will be entitled to receive all Subscription Services identified on a relevant Form, in each case in accordance with the
provisions of these Terms. Subscriber accepts that the Alert Service will be available no earlier than 8 (eight) hours following the completion of installation of the Equipment. As part of the usual operating processes of Subscriber’s Equipment, such Equipment may send the location and serial number data of Subscriber’s Equipment to AiTrack from time to time and may receive stolen vehicle reply codes, location and serial number data and other data of and relating to the Equipment of other subscribers, which AiTrack may receive from time to time. Subscriber hereby consents to such reply codes, location, serial number and other data relating to Subscriber and/or to Subscriber’s Vehicle being shared by AiTrack with other subscribers in the same way.
4.2 Subject to these Terms, AiTrack will use its reasonable endeavors to maintain the Subscription Services available to the Subscriber for the Subscription Period.
4.3 Subscriber agrees and undertakes to observe and comply with all Subscriber Procedures provided to Subscriber by AiTrack or an Approved Technician prior to or on installation of the Equipment.
4.4 Where Subscription Services include the Alert Service, AiTrack will use its reasonable endeavors to monitor for signals transmitted by the relevant Equipment indicating unauthorized movement of the Vehicle. Owing to the nature of wireless communications, AiTrack does not warrant to Subscriber that it will receive any signals transmitted by the Equipment; nor, having received the signals, that it will be able to make immediate, or any, contact with the Subscriber.
4.5 Upon becoming aware, or suspecting, that their Vehicle has been stolen, Subscriber must immediately take the following steps: (i) notify the Police and obtain a police crime reference number or equivalent validation from the local Police in respect of the theft; and then (ii) inform AiTrack, quoting the police crime reference number or equivalent validation from the local Police and indicating which Police have been notified. AiTrack will then verify with the Police that the Vehicle is officially logged as stolen, and if so, will activate the Equipment for the purpose of seeking to locate the Vehicle. A Vehicle shall be treated as stolen for the purposes of AiTrack activating the Equipment and providing the Service only if it is so officially logged. Neither AiTrack nor the Police will be liable to any person on any basis for any damage of whatever nature arising out of or incidental to the Subscriber’s failure to follow the above steps or any other instructions issued by AiTrack from time to time in accordance with these Terms for use of any Subscription Service.
4.6 Regardless of the manner in which Subscriber becomes aware of the recovery of a stolen Vehicle, it remains the sole responsibility of Subscriber to report the recovery of a stolen Vehicle as soon as possible to the Police and to AiTrack in order to ensure the recovery assistance with the local authority and subscriber.
4.7 Guard and Recovery Assistance Service. AiTrack will alert the subscriber in case of vehicle unauthorized movement of vehicle out of geo fenced area mentioned at the time of registration. Ai Track will assist subscriber and local authority in case of Vehicle has been stolen or theft if subscriber
follow the clause 4.5 of reporting. AiTrack will not be responsible in any form of stolen or theft vehicle to recover and return, AiTrack services to subscriber are not insurance of vehicle neither any such claims will be entertained in term of financial loss or any other loss.
4.8 Due to the many factors outside its control (including without limitation the nature of the technology in the Equipment, physical features such as underpasses, windscreens and other physical features of the Vehicle, other electronic devices, atmospheric conditions, the state of the ionosphere, GSM networks and GPS satellite availability, internet and platform performance and availability and other causes of interference beyond AiTrack’s reasonable control), AiTrack does not (otherwise than under such guarantee as may be set out or agreed specifically in relation to an Additional Service from time to time) warrant or guarantee that the Subscription Services will lead to the location of Subscriber’s stolen Vehicle, or that any recovered Vehicle will not be damaged in whole or part to any specified or general extent, or that any or all Subscription Services will operate properly or at all in adverse conditions or in the event of Force Majeure as defined in Clause 11.4 (in particular and without prejudice to the generality of the foregoing, the operation of the Equipment and the provision of Services depend to some extent upon the operation of the digital cellular telecommunications technology on which the Equipment operates, and this technology is not operative all the time in all parts of the country). AiTrack will not be liable to Subscriber or any other person on any basis, and the Subscription Charges shall not be refundable to Subscriber in whole or part, if the Equipment fails to locate and/or recover Subscriber’s stolen Vehicle, and/or any Subscription Service fails to operate fully or at all at any time for reasons outside AiTrack’s control.
4.9 Where the Police have stated that their co-operation and/or permission is required recovery or return of a Vehicle, Subscriber shall at their own cost do all such acts and execute all such documents as may be necessary to procure such co-operation or permission.
4.10 Notwithstanding anything to the contrary which may be expressed or implied elsewhere in these Terms, a Form or otherwise, full details of all Equipment and each Subscription Service (including without limitation the scope and extent of, and limitations on, Police involvement in Vehicle recovery) are available solely and at all times on the Website of Local Authority and Help Line No. 15 . Subscriber expressly acknowledges and agrees that it is Subscriber’s sole responsibility to familiarize himself/herself with all such details, including without limitation in relation to the scope, extent, restrictions and duration of all relevant Equipment and Subscription Services. AiTrack will not be liable to Subscriber or any other person to any extent and/or on any basis for any loss Subscriber or a third party may claim or suffer which results from or in connection with any failure by Subscriber so to familiarize himself/herself, or with any misconception held by Subscriber about any Equipment or Subscription Service as a result of such failure. AiTrack reserves the right in its sole discretion to vary, amend and/or replace any Equipment and/or Subscription Service details from time to time, and any revised, new or replacement details shall apply as from the date of their posting on the Website (or such other date as AiTrack may specify at the time of such posting), provided that if any amendment, revision or replacement materially adversely affects a then-current Subscriber, Clause 10.2 shall apply in
accordance with and subject to its terms. Wherever Services incorporate internet-based services on or via the Website, Subscriber must comply with the terms and conditions of use of the Website, and any access by Subscriber to such services or the Website shall be deemed to constitute agreement by Subscriber so to comply. All such terms and conditions will be available for perusal on the Website and registration form.
5. Payment
5.1 All Subscription Charges and other payments due under these Terms are payable in accordance with the Form and/or such other document or record (material or otherwise) as may be agreed between AiTrack and Subscriber or otherwise issued or provided from time to time by AiTrack to Subscriber for this purpose. If no such written document or record is apparent, payments shall be deemed to be due in advance on such periodic basis as would be consistent with AiTrack’s then generally applicable invoicing arrangements or system, and all periodic payments (monthly or otherwise) shall be construed to relate to initial minimum Subscription Periods of one year or multiple whole years (as the case may be, and as frequency and quantum of invoicing/payment arrangements may best suggest). Subscriber’s initial Subscription Period commences on the later of (i) the date of installation of the Equipment and (ii) the date and time of completion of internal setting up by AiTrack of Subscriber’s account; or, where a Vehicle already containing the Equipment is transferred to a new owner, on payment of the initially required Subscription Charges by that new owner.
5.2 At the end of any then-current Subscription Period, if the subscription is not extended or renewed in accordance with these Terms, AiTrack will stop providing the relevant Subscription Service and shall within 30 days deactivate the necessary Equipment and SIM Card. AiTrack. AiTrack will remove and take custody of the equipment and equipment related accessories from the vehicle within 30 days.
5.3 No subscription is transferable to a new owner/keeper of the Vehicle, and no subscription is transferable to another vehicle owned or kept by the Subscriber. In the event of sale of a Vehicle by Subscriber, Subscription Charges shall, for any subscription period (including any minimum or initial period together with any extension period) identified in a Form or such other document (material or otherwise) as may be provided from to time to time by AiTrack to Subscriber for this purpose, not be refundable to Subscriber in whole or part. To avoid doubt, the prohibition in this sub-clause 5.6 against subscription charges being refundable in the event of a Vehicle sale by Subscriber applies both to duration and non-duration subscriptions. A duration subscription is one where the relevant Subscription Period is for the length of time the Subscriber owns or is registered keeper of the Vehicle; a non-duration subscription is one for a specified period.
5.4 AiTrack will notify Subscriber at least 30 (thirty) days prior to the expiry of any Subscription Period of any variation in Subscription Charges, and such variation shall take effect as from the date on which such subscription is renewed, should the Subscriber choose to renew.
5.5 All Subscription Charges are (unless otherwise stated) exclusive of VAT and any similar or comparable regulatory fee or levy, which Subscriber shall be additionally liable to pay.
6. Support
6.1 AiTrack cannot be required to provide support to Subscriber for all future service options made available by AiTrack from time to time, and AiTrack has no obligation to upgrade or replace any Equipment in order to provide services and options to Subscriber which may be made available subsequent to the Commencement Date. If Subscriber wishes to utilise services which the Equipment does not support, Subscriber must additional fee at AiTrack’s then-applicable prices or allow the installation of new Equipment by AiTrack.
7. Subscriber Obligations
7.1 If AiTrack informs the Subscriber at any time that there is or may be a fault with any Equipment or that any Equipment may have reached the end of its expected service life, Subscriber must consent to a service, inspection or replacement of the said Equipment and comply with AiTrack’s reasonable instructions and requirements as set out in Clause 7.5. Subscriber must in each case contact AiTrack as soon as possible and within a reasonable period of time (and in any event, no more than 5 days after such date as AiTrack may propose for this purpose), to arrange a service or inspection call. Any service or inspection shall be conducted by an Approved Technician, and Clause 3.4 shall apply to any such call. If Subscriber fails to contact AiTrack in accordance with this Clause 7.1, AiTrack cannot guarantee to be able to provide a relevant Subscription Service and will not be liable to Subscriber or any third party on any basis to any extent for any Equipment or Subscription Service failure for any period during which AiTrack is unable to complete any service or inspection call. AiTrack reserves the right in its discretion to charge Subscriber for any replacement Equipment and to charge a reasonable fee for any service, inspection and/or repair where: (i) in AiTrack’s reasonable view, Equipment has been damaged or lost for reasons within Subscriber’s reasonable control such that its repair or replacement is required in order for Equipment and Subscription Services to operate and apply properly; and/or (ii) Subscriber owns Equipment under Clause 2.1 and that Equipment has reached the end of its expected service life.
7.2 If a Vehicle is involved in an accident, a Vehicle’s battery has been disconnected for any reason (for example and without limitation bodywork repair and/or paint re-spray), or if a Vehicle has been parked unused for more than 3 (three) consecutive months, Subscriber must promptly inform AiTrack in writing, in order that AiTrack may test that the relevant Equipment still functions correctly. AiTrack will not be liable to Subscriber or any third party on any basis to any extent for any Equipment or Subscription Service failure for any period during which AiTrack is unable to complete any such test in the circumstances contemplated by this Clause 7.2.
7.3 Subscriber must ensure that they advise any person who services the Vehicle that there is a security tracking product fitted, in order to prevent inadvertent disconnection of any component parts of the Equipment.
7.4 If a Vehicle has been stolen and recovered, Subscriber must contact AiTrack in order that AiTrack may test the Equipment still functions correctly. If the Equipment no longer functions correctly, or the Equipment uses a standalone battery, the Subscriber must arrange with AiTrack to service or replace the Equipment, as appropriate. Clause 7.1 shall also apply to this Clause 7.4.
7.5 The availability of all Subscription Services shall be conditional at all times upon compliance by Subscriber with these Terms. If Subscriber breaches their obligations under these Terms in any way, including without limitation by way of defaulting or delaying in the payment of any Subscription Charges as and when they fall due, or uses the Subscription Services for any purpose other than the location of the Subscriber’s stolen Vehicle and/or such other purpose as may expressly be permitted under or in accordance with these Terms, AiTrack shall be entitled immediately to terminate the provision to Subscriber of any Subscription Services without liability to Subscriber or any other person on any basis to any extent by reason of such termination. Subscriber accepts and agrees that a subscription to any Subscription Service in no way mitigates or diminishes Subscriber’s duty to take all reasonable steps to keep their Vehicle secure, to obtain and maintain adequate insurance for the Vehicle and to comply at all times with all Subscriber Procedures.
7.6 Subscriber will not, throughout any active subscription period, interfere or tamper with installed Equipment. Only AiTrack-appointed representatives will be entitled to inspect or repair any Products. Subscriber will not remove any Equipment from a Vehicle into which it has been installed by AiTrack without AiTrack’s prior written agreement.
8. Warranty
8.1 The Warranty applies personally to Subscriber, and is not transferable to a different subscriber.
8.2 During a Subscription Period, Subscriber may contact AiTrack, via such method as AiTrack reasonably determines from time to time and notifies on the Website for this purpose, to discuss any Equipment maintenance issue or query. All diagnosis and fault correction shall, where possible, be done remotely, failing which AiTrack will arrange for suitable personnel to attend Vehicles. If so, Subscriber will allow such personnel such access to Equipment as they may reasonably require to carry out any required repair and/or maintenance work. If it transpires that a maintenance issue was caused by or due to the incorrect operation by Subscriber of properly functioning Equipment, or for any other reason within the reasonable responsibility of Subscriber, AiTrack may charge Subscriber a reasonable fee for travel to and attendance at a Vehicle, and any such charge shall be deemed to be a Charge.
9. Liability
9.1 Neither party shall be liable for any breach of, failure to perform or delay in performing any obligation under, this Agreement which is directly or indirectly caused by circumstances beyond the reasonable control of that party. In the case of AiTrack, such circumstances include (without limitation) atmospheric conditions which may affect the quality or availability of any Network service or any failure
of or by Network service providers (on whom AiTrack relies) in connection with or for the provision of any Subscription Service.
9.2 AiTrack shall not be liable under these Terms to Subscriber or any third party to any extent on any basis for any loss or damage that was not caused directly by any breach on the part of AiTrack or AiTrack’s employees or agents.
9.3 Subscriber will pay AiTrack for the cost of all repairs to or replacement of Equipment required due to Subscriber’s fault, misuse or neglect of same, which may in each case be needed to make good such Equipment to AiTrack’s satisfaction. If any Equipment is damaged beyond repair or its repair would be uneconomic, Subscriber will be liable for and pay for the replacement cost for that Equipment, together with a reasonable sum to cover AiTrack’s travel, time and involvement (said cost and sum to be determined by AiTrack in its discretion acting reasonably).
10. Term and Termination
10.1 The Agreement shall be deemed to commence on the later of (i) date of first installation of Equipment in a Vehicle in accordance with these Terms and (ii) the date and time of completion of internal setting up by AiTrack of Subscriber’s account (the “Commencement Date”),
10.2 Subscriber or AiTrack may terminate any Subscription Service (other than a duration subscription) without cause on expiry of any initial minimum Subscription Period or expiry of any rolling specified or other extension or continuation period, as each may be determined in accordance with these Terms, in each case on not less than 30 days’ notice in writing to the other party. To avoid doubt, Subscriber shall not be entitled to terminate any Subscription Service without cause at any other time during their subscription, and Subscription Charges shall, for any period during which a subscription is active and Subscription Services are provided or available, not be refundable to Subscriber in whole or part.
10.3 AiTrack may at any time vary, amend or replace these Terms or any part of our Agreement (including without limitation the url of the Website or a Specification) for security, legal, operational or regulatory reasons or to reflect changes to Equipment and/or the Subscription Services by notifying Subscriber in writing at any time during the Subscription Period by giving Subscriber at least 30 (thirty) days’ notice of any such variation, amendment or replacement (with such notice requirement deemed without limitation to be satisfied if displayed on the Website), and may at any time vary, amend or replace any operational or other notice on the Website for security, legal, operational or regulatory reasons or to reflect changes to the Subscription Services and shall provide reasonable notice to Subscriber (with such notice requirement also deemed without limitation to be satisfied if displayed on the Website) of any such variation, amendment or replacement if it occurs. Clause 11.7 shall be deemed to apply to any such variation, amendment or replacement. Subscriber may within 30 (thirty) days following the service of such notice give 1 (one) weeks’ notice in writing to AiTrack terminating Subscriber’s subscription if Subscriber reasonably considers that they have been or will be materially
financially or operationally disadvantaged by the actual or proposed change. Subscriber agrees that it is Subscriber’s sole responsibility regularly to check the Website.
10.4 On termination for any reason under this Clause 10, Subscriber will, if requested by AiTrack (acting reasonably), at its own cost and risk immediately present all Vehicles to AiTrack at such location as AiTrack may reasonably direct in order that Equipment may be uninstalled. If Subscriber fails to present all Vehicles, AiTrack shall be entitled to charge Subscriber a reasonable rental fee in respect of all un-presented Vehicles, such fees to accrue on a daily basis until presentation of the Vehicles by Subscriber in accordance with this Clause 10.4. AiTrack further reserves the right to charge Subscriber for any Product replacement costs.
11. General
11.1 Subscriber agrees that the Equipment is not acquired as an anti-theft device, and that AiTrack has made no representation and given no warranty that any Equipment has such properties.
11.2 If any one or more provisions in these Terms is declared invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
11.3 These Terms are personal to Subscriber and relate exclusively to the Vehicle. Unless and to the extent AiTrack agrees otherwise in writing, these Terms may not be assigned by Subscriber in whole or part to any third party, nor may any Equipment be removed from a Vehicle by any person other than an Approved Technician. AiTrack may assign the benefit and/or burden of these Terms in whole or part as it sees fit in its sole discretion, provided that Subscriber’s rights and service levels are not thereby materially reduced.
11.4 AiTrack may, in its sole discretion and without liability to any extent to any person on any basis, at any time suspend the Subscription Services (in whole or in part) if a technical failure affects the provision of the same, or if any modification or maintenance is being carried out to the Network, or if changes to Subscription Services are required by any governmental or regulatory authority, or if the Network operator ceases to trade.
11.5 Neither AiTrack nor Subscriber shall be liable for any delay in performing or any failure to perform any of their respective obligations under these Terms caused by events beyond their control (“Force Majeure”) including, but not limited to, acts of God, insurrection or civil disorder, civil disobedience, war or military operations, national or local emergency, acts or omissions of government, highway, regulatory or other competent authority, unofficial or otherwise unlawful industrial action of any kind, fire, severe weather. The functioning and coverage of the VHF and/or GPS/GSM networks are also deemed to be matters beyond AiTrack’s reasonable control.
11.6 Any notice required or permitted to be given by either party to the other under these Terms shall be in writing either displayed (with appropriate prominence) on the Website, or addressed to that
other party at the contact address specified on the Form or such other document as may be provided from time to time by AiTrack or such other address as has such as email, Fax, at the relevant time, been notified to the party giving the notice. If sent by mail such notice shall be deemed to have arrived 3 working days after posting. If such notice is delivered personally or by courier to the address it shall be deemed to have been received with immediate effect.
11.7 These Terms take effect as from the date on which they are posted by AiTrack on the Website, and accordingly from that date apply to existing and new Subscribers, save as and to the extent they are expressly stated not to apply to existing Subscribers. These Terms should in all cases be read in conjunction with any operational or other notice on the Website which may be contemplated by or referred to in these Terms. All Subscription Services and Equipment provided to Subscriber by AiTrack are, subject to the foregoing, provided subject and in accordance with these Terms.
11.8 These Terms shall be governed by Pakistan Consumer law and PTA Tracking Business Operation rules, and the parties agree to submit to the exclusive jurisdiction of the relevant courts.
11.9 Subject to providing Subscriber 30 (thirty) days’ notice in writing, AiTrack may in its sole discretion vary any part of this Agreement (including without limitation a Specification). If Subscriber does not agree to the variation and the variation has a non-trivial financial or operational impact on Subscriber, Subscriber may terminate the Agreement under Clause 10. AiTrack will use reasonable endeavours to display the most recent version of the Agreement on such portion of the Website as AiTrack reasonably determines from time to time.
11.10 AiTrack shall have a right of set-off against any sum due from AiTrack to Subscriber, any sum which is at the date of set off due and owing from Subscriber to AiTrack.
12. Data Protection
12.1 Subscriber is under the Agreement giving information to AiTrack which constitutes “personal data” under the PTA Critical Telecom Data and Infrastructure Security Regulations, 2020 Such information is referred to in this Clause 12 as “Subscriber Data”. Without prejudice to the generality of the foregoing, if Subscriber contacts AiTrack electronically,.
12.8 AiTrack is acting at all times through the Subscription Period as a data controller (as defined in the PTA Critical Telecom Data and Infrastructure Security Regulations) in collecting, storing and processing Subscriber Data. AiTrack shall, in its capacity as data controller of Subscriber Data, fully comply at all times with all applicable laws and regulatory requirements regarding such Subscriber Data.