This is a legal agreement (“Agreement”) or terms of service (“TOS”) between YOU (hereinafter referred to as the “End User”) and Hawkeye Electronic Security Limited (hereinafter referred to as “Hawkeye”), which provides GPS/GSM tracking, location devices and related tools and software as well as armed response services, (the “Products”). All of the products listed above shall hereinafter be referred to as the “Service.” If you do not agree to the terms and conditions in this Agreement, do not register for use of the services provided by Hawkeye or any third party software provider and return all equipment, software and associated materials to Hawkeye immediately.
By completing the wireless activation of the Mobile Tracking device, you signify your agreement with the TOS of this Agreement and the policies provided by Hawkeye and any third party software provider’s Terms of Service. In addition, when using particular Hawkeye provided Services, you shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time. If you do not agree to any such posted guidelines or rules, you must terminate your Services immediately.
If you are an individual, you must be an adult of at least 18 years of age to purchase the Service; and by accepting these TOS as a Customer Account holder you confirm that you are an adult of at least 18 years of age. If you are subscribing as a legal entity, rather than as an individual, by accepting these TOS as a Customer Account holder, you confirm (through your duly authorized agent or representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these TOS.
You understand and agree that the Service is provided "AS-IS" and that Hawkeye assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you will be responsible for paying the user fees in order for you to register for the Service. Service fees are pre-paid on an annual basis and your cancellation prior to the end of a term will NOT entitle you to a refund of any pre-paid fees.
The Service is not available everywhere and may be subject to signal limitations based on topography, buildings and atmospheric conditions. To the extent such limitations occur, Hawkeye will not be responsible for any resulting interruption in the Service or for any damages whatsoever.
2.1 Modifications to Service. Hawkeye reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof, including, but not limited to, rates and charges) with or without notice. Should the technology become available, Hawkeye and its affiliates reserve the right to provision your Service over a different access technology and may do so without notice if such change(s) will not negatively impact the Service. Without limiting the foregoing, Hawkeye may post, or email, notices of changes in the Service. It is your responsibility to check our website at www.hawkeye.com.jm for any such notices. You agree that Hawkeye will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
Each End User agrees to a term of twelve months. You further agree that if you cancel your plan before the end of such term, you may be subject to early cancellation fees and/or service fees (collectively "Termination Charges") associated with that plan. In the absence of a specified term, the term for your Service will be month-to-month.
Email to cancel Service: firstname.lastname@example.org
3.1 Suspension/Termination. Hawkeye may immediately terminate or suspend all or a portion of your Service without notice, for conduct that Hawkeye believes: (a) violates the company’s Acceptable Use Policy; or (b) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws) or a violation of these TOS, or any applicable policies or guidelines. Your Service may be suspended or terminated if your payment is not made by the first day of the billing cycle. Termination or suspension by Hawkeye of Service also constitutes termination or suspension (as applicable) of your license to use any Software. Hawkeye may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service or is necessary to allow Hawkeye to bill you for Service. Further, you agree that Hawkeye shall not be liable to you or any third-party for any termination of your access to the Service according to this TOS.
3.2 Deletion of data after Termination or Cancellation. You agree that if your Service is terminated for any reason, Hawkeye has the right to immediately delete all data, files, and other information stored in or for your account, including email messages, without further notice to you.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) if applicable, provide appropriate notification messages for any event notifications that you set-up on the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hawkeye has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hawkeye has the right to suspend your account (as detailed in paragraph 3 herein) and refuse any and all current or future use of the Service (or any portion thereof) until such time as your Registration Data can be verified.
Hawkeye will not sell or rent your personally identifiable information to anyone without your permission. Established security and confidentiality guidelines have been put in place to ensure your confidentiality. You should be aware that Hawkeye will keep the tracking history of any End User using Hawkeye’s products for a maximum period of 7 days.
Hawkeye will send personally identifiable information about you to other companies or people only when:
You understand that where provided by Hawkeye you have no property right in any of Hawkeye’s products or Services, or the underlying carrier service provided to you by Hawkeye, and that in no event will Hawkeye be liable for failure of the wireless service network or the service of Hawkeye in general.
You acknowledge and agree that Hawkeye may preserve content and may also disclose content if required to-do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your notifications, commands and the location of your assets, may involve:
The End User shall ensure that the phone is equipped with all the relevant features for the system to function, including GPS and Internet access.
It is the responsibility of the user to read the user manual and follow the instructions outlined.
Customer must provide an emergency contact that is authorized to assist Hawkeye in gaining access to the customers at any location or verifying information in relation to the Customer’s location.
The End User agrees to pay any additional taxes, fees or charges relating to the provision of the Service which shall include but be not limited to General Consumption Tax.
We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Hawkeye Service only for its respective intended purposes. You may not sell, resell, or otherwise use or commercially exploit the Hawkeye Service other than by using it for its intended purposes.
Systematic retrieval of data or other content from our communication system or database to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Hawkeye is prohibited. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of our Products or Services, for any purposes other than their intended purpose or other than as expressly permitted by these TOS.
Any license granted to you under these TOS for the use of any portion of our Products and Services requiring registration or an account will automatically terminate upon termination of your account or registration privileges with respect to such portion of our Products and Services. Hawkeye and its third party suppliers have the right to terminate the license of any user at any time for any or no reason, solely in the discretion of Hawkeye and its third party suppliers.
You agree to indemnify and hold harmless Hawkeye and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these TOS; (d) your use of the Service to control your asset(s); (e) your violation of any rights of another; and (f) use of your account and any sub-account whether or not such usage is expressly authorized by you.
You acknowledge that Hawkeye may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may activate a panic alert in a given period of time. You agree that Hawkeye has no responsibility or liability for the deletion or failure to store any notifications and other communications or other content maintained or transmitted by the Service. You acknowledge that Hawkeye reserves the right to suspend accounts for which Service use fees are not timely paid. You further acknowledge that Hawkeye reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAWKEYE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAWKEYE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, HAWKEYE'S DIRECT DAMAGES FOR ITS BREACH OF ANY OBLIGATIONS UNDER THE TOS SHALL BE ABSOLUTELY LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICE.
WHERE THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for Hawkeye to use commercially reasonable efforts to effectuate an adjustment or repair of the Service and, in the event such downtime exceeds twenty-four consecutive hours, to receive a pro-rata refund or credit of or against any charges otherwise payable for the Service for the period of Service downtime.
All disputes, whether in tort or contract or any conflicts(excluding conflicts of laws), differences which may arise out of or in connection with this agreement or its construction, operation, interpretation or termination shall be settled by arbitration. The parties shall decide the venue of such arbitration and where they are unable to do so within SEVEN (7) DAYS one shall be appointed by the Court or a Judge may do so on an application by either party. The arbitration shall be in accordance with the Arbitration Act 1900 or any laws or regulations in force in Jamaica are deemed to be incorporated. The number of arbitrators shall be three. Each party to the proceedings shall be permitted to appoint its own arbitrator within SEVEN (7) DAYS and both arbitrators may appoint a third arbitrator or referee. If the appointment of the third arbitrator or referee is not made by the parties or the arbitrators, so appointed by the parties; any party or arbitrator may serve written notice on the parties to the proceedings, or the arbitrators. If the appointment is not made within seven days after service of the notice, the Court or a Judge may on application by a party or an arbitrator who gave the notice, appoint a third arbitrator or referee, who shall have the like powers to act and make an award as if he had been appointed by the consent of the parties. The arbitration and any subsequent award shall take place in Jamaica. All submissions and awards in relation to the arbitration proceedings shall be made in English. The arbitrators shall resolve all dispute referred to them in accordance with the substantive laws of Jamaica.
Before you take a dispute to arbitration or to Court, you must first contact our customer account representatives at the customer service number on your Hawkeye bill for the Services, or write to us at the following address, and give us an opportunity to resolve the dispute.
Address: Hawkeye, 14 Belmont Road, Kingston 5; Phone Number: 876-926-4295.
Similarly, before Hawkeye takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Hawkeye is notified by the other of a dispute, then either party may then proceeding to Arbitration.
If you have subscribed to the Service by downloading or installing Software, your use of that Software is subject to this Agreement. Hawkeye or its applicable third party licensors, grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hawkeye for use in accessing the Service.
No title to or ownership of any Software or any parts thereof, including integrated Software or parts thereof, is transferred to you the End User by any delivery of Software to you. You agree to strictly comply with all restrictions identified in this Section 20 with regard to all software, including all improvements or updates delivered by Hawkeye. You acknowledge that the restrictions on Software licensed or distributed by Hawkeye from third-party suppliers may include registration or license requirements and prohibitions on copying. Hawkeye makes NO WARRANTY as to any software products, whether produced by Hawkeye or a third party, all of which are supplied by it “AS-IS”, and Hawkeye makes NO WARRANTY as to any experimental or developmental products, or as to products not manufactured by Hawkeye.
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that Hawkeye is not liable for such interruptions. You further understand and agree that Hawkeye has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of Hawkeye. In addition, Hawkeye is not liable for any failure of performance due to any cause beyond Hawkeye's reasonable control including Acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, cable cut, storm or other similar occurrence, any law order, regulation, direction, action, or request by any government, civil or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with any law, rule and regulation, or delays caused by you or your equipment.
The TOS constitutes the entire agreement between you and Hawkeye and governs your use of the Service, superseding any prior agreements between you and Hawkeye. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Hawkeye shall be governed by the laws of Jamaica.
The failure of Hawkeye to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of actions arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Unless the customer consents in writing or disclosure is pursuant to a legal authority’s demand, all information kept by Hawkeye, is considered to be confidential and may not be released by Hawkeye to anyone other than the customer or a person, who in the reasonable judgment of Hawkeye is acting as an agent for the customer.
The customer agrees that security protocols are in place to ensure confidentiality of all information and business dealing with customer and Hawkeye, its affiliates, partners, employees and agents.
In order to provide secure service to customer, Hawkeye reserved the right to establish identity before proceeding with any transaction. This may include identifiable usernames, personal information, and anything available prior to commencement of business or discussion of account.
Your right to use the Service is not transferable and is subject to any limits established by Hawkeye, and by your credit card company if billing is through a credit card.
This agreement, including these Terms and Conditions of Use and any other terms and conditions which are posted on the pages of our site constitute a contract made in Jamaica and is governed in all respects by the Laws of Jamaica and must be construed, applied and interpreted in accordance with those laws. Any and all dispute, controversy or differences as to the interpretation, construction or any contract or any action which may arise in tort, the choice of law shall be Jamaican law. Except that Hawkeye retain the right to bring proceedings as to the substance of the matter in any court including, the courts of your country of residence or the country of your domicile or principal place of business. On accessing the Service and you irrevocably agree that the Jamaican court shall have exclusive jurisdiction in any and all disputes arising out of or in connection with the accessing of and or use of the site or its content in any way whatsoever.
This Agreement and any modifications published by Hawkeye over the Service, and the Pricing Terms and Conditions applicable to your Service, constitute the entire and only agreement between you and Hawkeye with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. Each party has read this Agreement, understands it and agrees to be bound by its terms and conditions. There are no understandings or representations with respect to the subject matter hereof, express or implied, that are not stated herein.
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without Hawkeye’s prior written consent.
If any part of this Agreement hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
Any notice or consent required or given under this Agreement shall be sent:(i) in writing; (ii) in English; (iii) either personally delivered or sent by telex, by first class airmail or email; and (iv) sent to the address of the receiving party as set forth herein, or such other address as such party may from time to time designate by notice to the other party. Any notice given under this Agreement shall be deemed effectively given upon receipt by the Receiving party except as otherwise expressly provided in this Agreement.