Terms and Conditions
WARNING: It is a Federal AND State Offense to purchase any product or service by fraudulent means. Any and all Products and Services purchased through this process shall not be used for any unlawful purpose and purchased only by lawful means.
By ordering, activating or using the Service of the Anytrek Products, you agree to be bound by the terms and conditions set forth below. Any use of, purchase through, this process is expressly conditioned on your acceptance of all terms and conditions stated herein and any others that may be available on www.anytrek.com. DO NOT PURCHASE THROUGH ANYTREK OR ITS WEBSITE if you do not accept all the terms and conditions stated on this website.
Use of Electronic Contract for Service and Sales. All services, or products, purchased on or through Anytrek and/or www.anytrek.com are by electronic format contract that incorporates the below Terms. You, the customer, by virtue of purchase through this process or by any other means, agree to the use of Anytrek’s electronic format contract and the terms therein on the date of your purchase(s). Anytrek shall make available your agreement in electronic format upon request. You may request access to these electronic records in either pdf or text formats. At all times, you retain the right to request and receive documents on paper upon request to Anytrek via e-mail at firstname.lastname@example.org.
Governing Law, Jurisdiction & Venue of Electronic Contract: These Terms of Service and Sales shall be governed exclusively and construed in strict accordance with the laws of the State of California. You, the customer, by virtue of purchase through Anytrek, agree to submit to exclusive jurisdiction and venue of the state and federal courts of Los Angeles County, California and, expressly waive all defenses to personal jurisdiction without any consideration of conflict of law theories, case law or principles.
Terms of Service
1. The Customer agrees that, in the alternative, orders from Anytrek may be placed by e-mail, written order, or over the telephone, and that these terms and conditions apply to all sales of Anytrek Products no matter what form of order is placed, be it directly through the website, or in conjunction with the website and through call-in or written orders.
2. The Customer expressly agrees that these Terms & Conditions constitute the entire agreement between Anytrek and the Customer. The Customer acknowledges that in entering into this agreement it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this agreement.
3. Anytrek reserves the right, at its sole discretion, not to supply any Customer order.
No Refunds on Products or Services without Cause.
4. Anytrek will not offer any refunds or reimbursements for the purchase price of a Product, Service, Service Plan or Product/Device without cause. Should Customers experience problems with their product or service they must first contact our Customer service via e-mail at email@example.com to determine the nature of problem or whether a refund is applicable. Anytrek exclusively reserves the right to determine whether a demand for refund is with or without cause.
Prices, Payment and Delivery
5. Unless agreed otherwise, the Customer shall bear all costs of shipping products to the Customer, including any re-deliveries or correction to delivery address.
6. There is No Warranty of Product Delivery Date unless specifically agreed by Anytrek in writing. Anytrek shall undertake best efforts to deliver its products and services within a timely manner. Customer acknowledges and agrees that certain events beyond Anytrek’s reasonable control may exist at any given time. Should it come to the attention of Anytrek that such an event exists, Anytrek shall give reasonable notice of this issue to the Customer and forecast a reasonable delivery date based upon information and best judgment. Upon such notice, Customer hereby waives any claims to damages, pursuant to the Terms of Service and Sales. Anytrek is not liable for any damages due to delay in delivering any Product supplied to the Customer by a third-party shipping service.
7. Unless otherwise agreed in writing, the prices and time period for the Products will be as advertised and found on www.anytrek.com or on any correspondence provided by Anytrek Corporation or its affiliates. Customer agrees that such listed prices are exclusive of delivery costs, any banking charges attributable to the customer, sales tax and any other applicable taxes.
8. Unless otherwise agreed in writing, payments by the Customer will be made:
a. For activation fees and first month service plan fee, paid within 7 days of placement of order;
b. For the balance of the order content, 15 days from placement of order.
9. The Customer is responsible for paying all charges posted to its account, including but not limited to, activation fee, monthly service plan fee, advanced feature charges, Product charges, shipping and handling, taxes, charges incurred by the Customer’s customers and others. Charges, including disputed amounts, must be paid by the date shown on the invoice.
10. Customer furthermore agrees to pay all charges for Products provided to the Customer including, but not limited to, the payment of all charges for a monthly service plan until the monthly service plan has been terminated or suspended with 30-day notice, regardless of whether charges were incurred by the Customer or a third-party.
11. If the Customer disputes any item in an invoice within 30 days, and the invoice or part thereof is subsequently found to be incorrect by Anytrek, then Anytrek may credit the customer within 10 business days. Customer agrees that no disputed invoices older than 30 days will be accepted for review by Anytrek.
12. All payments must be made directly to a designated Anytrek bank via online bank transfer, credit card payment, fast payment, BACS, ACH or international bank transfer. Anytrek reserves the right to charge a $60 administration charge for monies received in any other form. If any payments due are not received and cleared in Anytrek bank account within the agreed payment terms as above, Anytrek reserves the right to charge interest charges of 1.5% per month. These charges will be calculated daily and at Anytrek’s discretion may include interest on interest charges. Late payment invoices may be sent once a week and in such an event may incur a $60 administration charge, at Anytrek’s discretion.
13. Customer agrees that if he/she/it incurs any past-due unpaid balances, Anytrek reserves the right to employ a third-party credit recovery agency to recover monies due. Anytrek is not liable for any detrimental effect (financial or otherwise) if action by the credit recovery agency affects the Customer’s credit rating and/or financial position. Furthermore, the costs, including any legal costs and court fees, incurred in the collection of any overdue payments will be paid by the Customer.
14. For amounts overdue older than 30 calendar days on an ordered Product or Service, Anytrek reserves the right without notice to terminate ALL Products on the Customer’s account and charge a re-connection charge of $50 per product for re-connection and other administration charges that may be incurred.
15. In the event of a significant increase in charges or minimum charges by a supplier or mobile network on Products provided by Anytrek, Anytrek reserves the right, with 30 day notice, to change its prices for services for that Product. In this eventuality the Customer has a right of termination as set out in clause 30 and 31. Anytrek may change the charges of specific networks or remove or add any products at any time without notice so long as this does not materially affect the overall cost or quality of the Product to the Customer.
16. All state and federal sales taxes will be strictly the responsibility of the Customer. If a Customer of Anytrek resells the Products or includes them within his/her/its own customer services and offers them independent of a direct consumer use, you (the Customer) must collect the appropriate sales taxes from your customers. If you are not reselling the Products, it is your responsibility to inform us and to pay the sales taxes to Anytrek. Anytrek reserves the right to charge sales taxes or historic sales taxes to any customer where the appropriate form has not been provided to Anytrek, in which it is confirmed that you are paying all relevant sales taxes.
Compliance, Warranties & Liability
17. EXPORT CONTROL LAWS. The export and re-export of Products/materials from Anytrek are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Materials to any destination requiring such a license. In addition, the Materials may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, Lebanon, Syria, North Korea or to any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. Moreover, neither the Software nor Materials may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By ordering the Software and/or Materials you are certifying that you are not a national of one of the above-listed countries or of any other country to which the United States embargoes goods,
services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
18. ANYTREK AND CALEA COMPLIANCE. Be advised that should a request come from governmental or law enforcement agencies, with the authority to require Anytrek to report information related to your services, or, should law enforcement request this information or access pursuant to CALEA or the Patriot Act, Anytrek shall be obligated to cooperate and disclose this information in accord with the laws of the United States of America and the State of California.
19. WARRANTIES ON SERVICE.
ANYTREK DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR DEVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY THE CONNECTION. ANYTREK SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION, USE OF THE PRODUCTS, SERVICE AND/OR DEVICE. ANYTREK DOES NOT WARRANT THAT THE PRODUCTS, SERVICE AND/OR DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT FAILURE DUE TO PACKET LOSS, DEGRADATION OR INTERRUPTION NOR DOES ANYTREK WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. NEITHER ANYTREK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF ANYTREK’S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY ANYTREK OR OUR AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
19.1. In the event of a warranty claim Anytrek may at its discretion either (1) advise the Customer to obtain a RMA; adequately package and ship the Product to the address provided by Anytrek; and Anytrek will then return the repaired or replacement Product to the Customer freight prepaid if the warranty claim or request for maintenance is valid; OR (2) Repair, remove and/or re-install the Product at an agreed location and time in which case Anytrek shall be entitled to charge for travel costs and labor.
19.2. Under no circumstances will Anytrek be liable for any costs and expenses incurred by a Customer (through a third party or otherwise), such as repair costs to a Product and/or a vehicle, in the event that the Customer does not first comply with its obligations herein giving Anytrek the opportunity to verify any claim.
19.3. The Product is comprised of electronic assemblies that consume electrical current and therefore a small drain on the vehicle battery may adversely affect vehicles not in regular operation. Anytrek is not liable for any consequences of the battery drain associated with use of Product and recommends that the vehicle battery be recharged periodically to ensure maximum performance.
19.4. The Services are intended only for routine messaging and ascertaining of location, vehicle status and business information (i.e. not emergency or prevention of crime, save for the "Alert" function which provides notification of exceptions but should not be relied upon in isolation as security as it depends on the Customer’s configuration of the Software and devices it uses to access the Services). Neither Anytrek nor Anytrek Licensors can guarantee the security of wireless transmissions and the Customer agrees that neither shall be liable for any lack of security relating to the use of the Services. Customer is responsible for protecting and securing its usernames and passwords from unauthorized use.
20. EXPRESSED LIMITATION OF LIABILITY. IN NO EVENT WILL ANYTREK BE LIABLE TO THE CUSTOMER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, INACCURATE LOCATION DATA AND/OR ALERTS, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF ANYTREK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
21. INDEMNIFICATION. The Customer agrees to indemnify, defend and hold Anytrek, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Devices from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Customer’s use of any Services or Devices, without limitation, or any violation of this Agreement by Customer. The provisions of this paragraph are for the benefit of Anytrek and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf.
General Terms Applicable to All Sales to Customer
22. FORCE MAJEURE. Anytrek shall not be liable for any failure or delay in performing an obligation or service under this Agreement that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, domestic or international acts of terrorism, transportation stoppages or slowdowns or the inability to procure content, information, service, carriers, product, software, or demonstrations that flow from Force Majeure events. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to Anytrek.
23. COPYRIGHT AND TRADEMARK NOTICE. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of ANYTREK (collectively "Marks") are and shall remain the exclusive property of ANYTREK and nothing in this agreement shall grant Customer or any Third party the license to use such Marks. All Services, Software and Materials found at the Anytrek Website are protected under U.S. Copyright, or, by and through other intellectual property laws. Any commercial use of the Services Software, and Materials found on the Website is strictly prohibited, without the express, prior, written consent of ANYTREK. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. You may view, copy, and print pages from the Website only (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices, (2) as a personal shopping resource, (3) for communicating with ANYTREK about a company product or service, or (4) for placing an order or opening an account with ANYTREK. You expressly agree by your purchase through and use of this site that you will not otherwise broadcast, download, modify, make available to the public, post, reproduce, sell, store, or transmit content from the Website without the prior written approval of ANYTREK. ANYTREK observe U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 in the governance of this site and its rights thereunder.
24. CONTACT INFORMATION: Any and all claims you think you may have against ANYTREK shall be sent to ANYTREK, in writing, at the following address. In the event you need to contact ANYTREK for any purpose, including but not limited to copyright or trademark infringement claims, you may send written notice of such claims to the address below: Anytrek Corp, Unit 100, 4335 East Airport Dr, Ontario, California 91761.
26. NO THIRD-PARTY BENEFICIARIES: ANYTREK and the Customer intend these Terms and this electronic format contract to be solely between themselves and these Terms are not intended for the benefit of any third-party or third-party beneficiary of the services, materials, or products sold by and through this website.
27. NO ASSIGNMENTS BY CUSTOMER, WAIVER OF AUTOMATIC STAY IN BANKRUPTCY: Customer agrees to not assign its purchases or rights and obligations contained herein without ANYTREK’S prior written consent. Any attempted assignment or delegation in contravention of this Section shall be void and ineffective. Customer waives its right to an automatic stay in federal or state bankruptcy on amounts owed or payments made by and through this website in the consecutive six (6) months prior to petitioning for any form of bankruptcy protection, or alternatively any action by the Customer for the assignment for the benefit of creditors.
28. MODIFICATION: ANYTREK shall reserve the right to change our Terms of Service and Sales, including our products and pricing, from time to time. We shall reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of the Terms of Service.
30. SERVICE SUSPENSION & TERMINATION: Either party may terminate this agreement in the event the other has failed to perform any material obligation required to be performed under these Terms & Conditions and such failure is not corrected with thirty (30) days from receipt of written notice advising of
such failure from the other party b. by either party in the event that the other party (being a company) enters into liquidation (other than for the purposes of a bonafide reconstruction or amalgamation), enters into a voluntary arrangement with its creditors, has a receiver, administrative receiver or administrator of all or any of its undertakings or assets appointed, or is deemed by the relevant statutory provisions under the applicable law to be unable to pay its debts or (if an individual) presents or has presented against him a bankruptcy petition or shall suffer anything analogous to these matters to occur to him or it.
31. The Customer may terminate this agreement and return all of ANYTREK’S products and packaging in a resalable condition after a period of 30 days in the event of a significant change in price as described in clause 15.
32. Anytrek may, at any time, immediately suspend all or part of the Product it provides until further notice without incurring any liability:
a. if it is obliged to comply with an order, instruction or request of Government, or emergency services organization, or other competent administrative authority; or
b. needed in order to carry out work related to exceptional upgrading or maintenance of its facilities where those facilities must cease operation; or
c. in order to prevent damage or degradation of Anytrek contracting party’s network integrity which may be caused by whichever reason; or
d. for use of Product and Services that Anytrek deems, at its sole reasonable discretion, may be illegal; or
e. in order to protect Anytrek, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by Customer; or
f. if any Service Plans have demonstrated, or incurred a level of usage either in the amount and number of transmissions or costs, that exceeds the expected level of a consumer user; or
g. in case of notifications or signs of fraud or abuse of service from suppliers or others; or
h. the services of one or more of the Network Operators upon which the provision of the Product hereunder is dependent suspends its provision of those services to Anytrek under the terms of its or their relevant agreement(s) with Anytrek; or
i. if payments have not been made in accordance with these Terms & Conditions.
j. by Anytrek by immediate notice in the event that the Customer is in material breach of its obligations under Clause 17, 18, above.
33. ANYTREK CORPORATION MAY USE CUSTOMER INFORMATION
a. Information Related To Your Account - We collect information about you when you register to become a customer of the Anytrek Corp. service, and when you otherwise transmit such information to us via our website or by email. Specifically, to maintain your account we collect and store in a database your name, billing address, email address, 10-digit mobile phone number (or device ID/number as required), and company details.
We may use your name, billing address, and email address for the purpose of billing you for the Anytrek Corp. service.
We may use your email address to contact you with regard to your account, such as to communicate that it is about to expire or to confirm any change to your phone number or other details, and to respond to any inquiry you submit via our website or by email. We also may use your email address from time to time to inform you about our products and services that we think will interest you. As a customer of Anytrek Corp., you may also create a username and password, which we store in our database, for the purpose of you logging into your account via the website link provided to you by Anytrek Corp. Your password is stored as an encrypted key and Anytrek cannot decrypt it. As a customer of Anytrek Corp., you also have the option of providing us with your home and work addresses (to the extent they differ from your billing address), which we store in our database, to enable you to access other features on the Anytrek Corp. service.
b. Information Related to Your Location and Route - Each time you access the Anytrek Corp. service, we periodically receive and record your current location from the GPS hardware associated with your vehicle. All location data submitted to Anytrek Corp. will remain the sole property of you to the full extent provided by law and will be kept segregated and secure behind password protected firewalls and will not contain any personal information. Anytrek Corp. will use commercially reasonable security measures to protect your data against unauthorized disclosure or use. Anytrek Corp. will not use the location data for any purpose other than to provide the Service to you and for statistical reporting purposes. Anytrek Corp. may aggregate anonymous statistical data regarding use and functioning of its system by its various customers. Such aggregated statistical data will be the sole property of Anytrek Corp.
34 LOST OR DAMAGED PRODUCTS WHILE IN CUSTOMERS POSSESSION
Any TrackLight tail light trackers that have been purchased by the Customer and within the Warranty Period develops a manufacturing related fault that would render the vehicle they were fitted to defective and are therefore replaced and disposed of may be replaced at Anytrek’s discretion dependent on the following actions occurring. A signed notification from the Customer is received advising Anytrek of the loss and providing sufficient identification details to enable Anytrek to identify the serial number of the TrackLight in question, and if the Customer cannot provide this information, the Customer agrees to pay out the balance of the service plan attributable to the TrackLight in question.
35 MANUFACTURERS WARRANTY PROVIDED BY ANYTREK
Anytrek offers a 24 month warranty from the original shipping date on product defects caused by a manufacturing process or defective components. Should a product fail within the warranty period, the customer must contact Anytrek support who will attempt to rectify the issue with the customer. If the issue cannot be resolved satisfactorily, Anytrek will provide the customer with an RMA number and the customer will ship the defective products to Anytrek at the customer’s expense. Anytrek will either repair, refurbish or replace the defective product and ship back to the customer.
These Terms are effective as of 1st January 2017. ANYTREK reserves the sole and exclusive right to modify these Terms of Service and Sales at any time. Any modifications to these Terms shall carry an updated effective date and apply to all purchases as of that date. Terms applicable for purchases shall apply on the date of orders by the Customer to ANYTREK through the website, physical mail or by e-mail confirmation.
Locations Contact Information Follow
West Coast: 4405 E. Airport Dr, Suite 106 Ontario, CA, 91761, Email: Ph: (Free call) 1 844 872 6987
East Coast: 39 Pearce Road, Bluffton, SC, 29910, Email: Ph: 949 838 6177
Mexico: Rafael Guizar 4-A, Tlalpexco GAM CDMX CP. 07188, Email: Ph: 664 518 5099
Canada: 1275 Boulevard Dionne, Saint-Georges, PQ G5Y 0R4 (Suite 309), QC Email: Ph: (Free) 1 833 985 1533