TERMS OF SERVICE
Update : December 19, 2019
By using this TAMROI application (the “App”) together with an approved tracker device (the “Device”) (hereinafter collectively called the “Service”), you agree to comply with these terms and conditions. The Company reserves the right to change these terms and conditions at any time without prior notice. Please read all of them carefully.
The Service is provided by GLOBETECH Co., Ltd., having its office at no. 16 fl. Sathorn Thani Tower, 92/44 North Sathorn Rd., Silom, Bangrak, Bangkok 10500, Thailand (hereinafter called the “Company”)
Please note that: all specifications, devices, features, content, accessories, and services as described on the App. are subject to change without notice.
The Service is provided on “as is” basis to lawful owners of a new and original Device (“you”). You may not use the Service unless you lawfully own a Device and you may only use Devices that you own or otherwise have been given permission to use whenever you use the Service.
In order to use the Services, you must download and install the App. The Company hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the App and other services and software related to the Service solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of the Company on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including the Company. You may not sell, sublicense, assign or otherwise transfer the Service to any third party for any reason.
Third Party Software
The Service contains or otherwise incorporates the use of portions of software being the sole property of third parties. Any such software is provided subject to the terms and conditions of such third party. Third party software used with the Service includes, but not limited to:
NOSTRA Map Service
- You acknowledge that the Company may select the [NB-IoT/3G/4G/network] provider (the “Network Provider”) to use with the Device. You may be charged by the Network Provider for access to its network connection services while you are accessing the App. or the Service. You accept responsibility for such charges that arise.
- You agree and understand that the Service perform its function well when the Device is located in the well reception of the network connection service, and we cannot guarantee the accuracy of the Device position if the Device is not located in the area of network connection service.
The Service will properly perform on the Device. However, Company does not guarantee any malfunction of the Device.
Ownership of the App and content
The App. and any other material made available for download are the property of the Company, or its licensors or suppliers, as applicable. The Service is protected by the Kingdom of Thailand and international copyright and trademark laws.
The Company are constantly changing and improving our Service by updating the App. any time, which may add or remove functionalities or feature, and suspend or stop the Service altogether any time without any advance notice. You agree that the Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required, and you acknowledge and agree that the Service, or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms of Service.
Security, Restrictions and the App. Access
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation,
(a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(c) accessing or using a Device, the App or any portion thereof without authorization or in a way that is unintended, in violation of these Terms of Service or in violation of applicable law. Unintended uses, including using the Service to track anything or anyone that is not a child, Elderly person or pet may have you incur additional charges by the Company as well as your access to the Service being revoked. In this case, you acknowledge that the Company may not refund you any paid service fee and may file a lawsuit, both civil and criminal case, against you.
You may not, and you agree that you will not permit any third party to, decompile, disassemble, or reverse engineer any object code that is part of the App, or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein.
In order to use the Service, you must register and install the App. Access to the Service is limited requiring a user ID and password, or validated and authenticated email sign-in. You agree that all information about you (or your child, pet or loved one) that you provide to access the Service, and during use of the Service, is truthful, and you agree not to use any aliases or other means to mask your or your child’s, loved one’s or pet’s true identity. You agree that any email accounts used in connection with your access to and use of the Service belong to you and not any other person.
You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. If you suspect any unauthorized use of your user ID or your account, you should change your password and/or contact Company immediately.
Violations of security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any Device, the App or any activity being conducted on the App.
For security purposes, transfer of any component of the Service or the Service in whole to another party, via a resale or otherwise, is strictly prohibited.
Defective or Damaged Devices
The Device is designed to endure the rigors of normal activities and it is not possible to anticipate all the circumstances the Device may encounter, including outright abuse of the Device. If you observe any defects with the Device, such as cuts, tears, deformed housings, damaged or loose parts, etc. or notice unusual heating or swelling of the Device, then the Device should not be used and should be returned for warranty consideration.
Emergency Use Disclaimer
The Device is intended for use as a recreational location device. The Service is a security system. You must be over 18 years old of age to use the Service, otherwise you should be authorized by your guardian.
Disruption of Service
You acknowledge and understand that from time to time the Service may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which may occur over time. You also acknowledge and understand that the Service malfunctions may occur for reasons beyond the Company’s control or which are not reasonably foreseeable, including, without limitation, failure or interruption of network, telecommunication or digital transmission links, including delays or failures due to service provider, Network Provider, and network congestion. You agree that the Company will not be liable to you or to any third party in the event the Service is inaccessible or malfunctions, or for any disruption in the Service.
Disclaimer of App Warranties
THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED. THE APP, INCLUDING ANY INFORMATION CONTAINED WITHIN IT OR ANY APP-RELATED SERVICE, IS PROVIDED ‘AS IS’, ‘WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIN, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OF THE INFORMATION OBTAINED FROM THE APP. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP AND RELATED SERVICES.
Limitation of Liability Regarding Use of the Device
YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY, THE COMPANY WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE DEVICE.
Limitation of Liability Regarding Use of the App
THE COMPANY AND ANY THIRD PARTIES MENTIONED IN THE APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APP, APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE APP, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
You may use our Service only for lawful purposes.
You must be responsible for protection of yourself and your Device from viruses, worms, Trojan horses or any other codes designed to adversely affect the operation of the Service.
The following is not permitted for any reason whatsoever:
- reverse-engineering, decompiling, disassembling, or modifying the Service, content, frame around the App. or any parts except permitted by the Company.
- knowingly transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful code designed to adversely affect the operation of the Service.
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Service or provided through the Service without a written consent from the Company.
- “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from the Service;
- being offensive, abusive, defamatory, pornographic, threatening, or obscene;
- being illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of the Company or a third party;
- being intended to or does harass or bully other users; and
- interfering with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or App.’s systems, network, usage rules, or any of the Service’s security components, authentication measures or any other protection measures applicable to the Service, or any parts.
Terms shall be construed and governed by the laws of Kingdom of Thailand.
About these Terms of Service
The Company may modify Terms or additional terms that apply to a Service from time to time. You should look at the Terms of Service regularly. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service.
If there is a conflict between these Terms and the additional terms, the additional terms will control for the conflict.
These Terms control the relationship between the Company and you and does not create any third party beneficiary rights.
If you do not comply with these Terms, and the Company does not take any action immediately, this doesn’t mean that the Company give up any rights that the Company may have.
If any one or more of terms and conditions of Terms be determined to be illegal or unenforceable to either you or the Company, all other terms shall remain effective and binding.
GlobeTech Company Limited
Address: 16 fl. Sathorn Thani Tower, 92/44 North Sathorn Rd., Silom, Bangrak, Bangkok 10500