1. Web-Site Access
1.1 Subject to compliance by the Customer of the Conditions, PRIME TRACK will during the Contract Period provide the Customer with access to the Web-Site which will enable the Customer to use the System in relation to the asset(s).
1.2 Access to certain pages of the Web-Site and or APP’s may be restricted by a username and a password and unless otherwise notified by prime track, the Web-Site will be designed to run using Google Chrome. Any computer that does not meet these specifications will not gain the full benefit of the System.
1.3 Access to the Web-Site and or APP’s and the Customer’s right to use the System is granted in return for the Customer abiding by these Conditions. If the Customer is in breach of these Conditions or the terms of the Contract then PRIME TRACK may immediately on notice either terminate or suspend without liability on its part the Contract or the use and access by the Customer of the Web-Site and or APPS by invalidating its username and password or any other appropriate means.
1.4 The Customer will not use the System for any of the following:
(a) the transmission of any material that is defamatory, offensive or of an abusive, obscene or menacing character;
(b) to cause anxiety to, annoy, or inconvenience any other person, business, or organisation:
(c) to violate or infringe the rights of any person, business, company, or other organisation; or
(d) to send any message that might otherwise be unlawful.
1.5 The Customer agrees to keep its user name and password in a secure place and not disclose it to any third party. The Customer shall not connect to the System (which expression includes the Web-Site and APP’s) any software or hardware not approved in writing by PRIME TRACK and shall keep PRIME TRACK fully indemnified against all losses, costs, damages, claims and expenses resulting from any damage (including without limitation any damage caused by any virus or other disruptive software) to the System or to the business carried on by PRIME TRACK where such damage is caused by the Customer and also in respect of any losses, costs, damages, claims and expenses suffered by PRIME TRACK resulting from any breach by the Customer of the agreement.
1.6 PRIME TRACK reserves the right to remove any material placed on its servers by the Customer that PRIME TRACK.
2. PRIME TRACK Liability
2.1 PRIME TRACK will use reasonable skill and care to ensure that during the Contract Period the System will comply with its specifications at the time of installation. PRIME TRACK will at its option repair or replace, free of charge within the 12 month warranty, or refund the unutilised portion of the net invoiced price (less for any scrap value) in respect of any elements of the System which are shown to have been defective and which thereby cause the System to be materially defective (provided always that the defect is not caused through undue wear and tear, accident, alteration or misuse) and the entire liability of PRIME TRACK will be limited to the total of all rental payments made by the Customer with respect to the relevant System.
2.2 Condition 2.1 represents the full extent of the liability of PRIME TRACK in respect of the supply of the System or other breach of its obligations under the agreement and is in place of any liability (including liability for negligence other than negligence resulting in death or personal injury) that would otherwise apply by operation of common law, statute or trade usage.
2.3 The Customer is solely responsible for ensuring that the System is fit for any particular purpose and is suitable for its needs and no warranty or condition of fitness for any particular purpose is given or is to be implied in these Conditions.
2.4 Notwithstanding anything to the contrary in these Conditions, PRIME TRACK shall not be liable if the Customer suffers any of the following losses:
(a) any loss of data or information
(b) loss of opportunity to maximise use of any vehicle or Assets.
(c) loss of profit or extra expense resulting from fluctuations in prices;
(d) any direct or indirect losses whatsoever;
(e) any loss that is caused by the Customer’s error or omission
(f) loss of productivity, loss of profit or any other consequential damage or indirect loss suffered by the Customer.
2.5 PRIME TRACK cannot guarantee that the System will be uninterrupted and error free nor that the Service will be provided at a particular speed. If the System is unavailable to the Customer for a continuous period of more than one month the Customer has the right to terminate its agreement with PRIME TRACK but this is without prejudice to its obligations.
2.6 Except as expressly set out in these terms, all conditions, representations warranties or other terms or obligations that may be implied or incorporated into the agreement by law or otherwise are expressly excluded to the maximum extent permitted by law.
