Terms and Conditions
1. DESCRIPTION
These terms and conditions constitute your RIGHTON TRACKING SOLUTION (RTS) Agreement. Every potential Subscriber to the Service hereby acknowledges that he has received and read these Terms and Conditions attached to the Quotation. If your Application to subscribe and use the Services is accepted by Rightontrack these Terms and Conditions shall govern and regulate your rights as a Subscriber of the Services and you will abide by such Terms and Conditions.
2. AGREEMENT
2.1 Rightontrack reserves the right to reject any Application as it deems fit.
2.2 The Agreement between the Subscriber and Rightontrack shall come into force from the date acceptance of the Subscriber’s Application until terminated in accordance with the provisions of these Terms and Conditions.
2.3 Terms and Conditions apply for every addition to the on-going Service delivered to Subscriber.
3. DEFINITIONS
In the Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meaning:-
“INVOICE” means the statement provided by Rightontrack stating subscription charges due from the Subscriber.
“CREDIT NOTE” means rebate issued for unredeemed service/s in the previous month/s.
“RIGHTONTRACK” means Rightontrack Sdn. Bhd.
“APPLICATION” means the Purchase Order to which these Terms and Conditions are attached requesting particulars from an applicant wishing to become a Subscriber and to be completed by such applicant.
“SERVICE” means the RightOn Tracking Solution (RTS) service to the rendered by Rightontrack.
“SUBSCRIBER” means person(s) or organization who applied for and Rightontrack approves of its application for the Service. This applies to its successors in title, personal representatives, administrators and permitted assigns.
“SUBSCRIPTION FEE” means the monthly fixed charges determined by Rightontrack and payable by a Subscriber of the Services.
“GPS MODULE” means the automatic controller which is installed in each vehicle.
4. NATURE OF THE SERVICE
4.1 The Service is provided to the Subscriber primarily to enable the Subscriber to track and monitor the movement of their vehicles.
4.2 The Subscriber shall access the tracking information by their own internet ready PC. The Subscriber is responsible for paying any service fees associated with such access.
4.3 Each User will be given a set of password/s for access to and to use the Service. Each User shall be responsible for protecting its own password from unauthorized use.
5. SUBSCRIPTION AND PAYMENT
5.1 Subscription to the Service comes in form of:
5.1.1 Purchase Package whereby Subscribers pay an amount to claim ownership to the GPS module;
5.1.2 Rental Package where Subscribers only pay monthly fees for Service subscription and do not have ownership upon the GPS module.
5.2 For Purchase Package, Cash-on-Delivery applies.
5.3 Advance payment amounting to one (1) month shall be paid prior to commencing the Service for Rental Package.
5.4 Contract period of two (2) plus one (1) year is applicable.
5.5 Charges are based on quotation(s) issued together with Subscriber Terms and Conditions.
5.6 In occurrence of accident(s) which causes damage/loss to the GPS module, Subscriber shall be liable to bear full cost of GPS module at RM600 per unit.
5.7 In event of Installation, Fine Tuning and/or Dismantling of GPS modules:
5.7.1 If found that GPS module is faulty, involving firmware deficiencies, unit(s) will be replaced one-to-one with no extra charges;
5.7.2 If found that GPS module and/or any of its component(s) has been tampered/loss, an amount of penalty shall be imposed. Cost to replace components includes:
• Antenna : RM 100
• Cable harness : RM 50
• Fuel sensor : RM 200
5.7.3 Should the Installation or Fine Tuning appointment be adjusted and/or cancelled without prior notice, penalty shall be imposed as such:
• Within Klang Valley : RM 100 / trip
• Outside Klang Valley : RM100 / trip + petrol charges + toll charges.
5.7.4 Any other incidentals to perform Installation, Fine Tuning and/or Dismantle such as, but not limited to, entrance fee(s), purchase of special part(s), swab test(s) are not inclusive, and will be charged separately.
5.8 Subscriber will receive the Invoice on a monthly interval. Invoice(s) is issued on the 20th of each month.
5.9 Credit Note will be issued in the subsequent month/s.
5.9 Payment shall be due to and made payable to Rightontrack Sdn Bhd on or before the Due Date specified in the Invoice.
5.10 A late charge of 1.5% per month will be levied if payment in full is not received within Due Date.
5.11 Any amendments on invoice must be made within two (2) weeks after its issuance. Invoice alteration after the given time limit will not be entertained.
6. RIGHTS AND LIABILITIES OF RIGHTONTRACK
6.1 Subject to appropriate notice be given to its Subscribers, Rightontrack shall not be liable to any Subscriber or any third party or person authorized or claiming through the Subscriber for any direct or indirect loss, inconvenience, interruption, or loss of the Service or any damage suffered as a result or consequence of Rightontrack:
6.1.1 making such or any alteration or modification to the Service at any time as it considers appropriate or necessary for the proper and efficient functioning of the system.
6.1.2 shutting down the system due to a malfunction of any part of the system or correcting any defect associated or arising from the provision of the Service;
6.1.3 suspending the use of the Service by a Subscriber on grounds that there may be a breach by such Subscriber on these Terms and Conditions and the failure by the Subscriber to remedy that breach;
6.1.4 interrupting the use of the Service by any Subscriber for the purpose of testing or investigating any fault reported by such Subscriber or suspected defect or malfunction at any GPS Module or the system;
Provided always that the Subscriber shall not be billed by Rightontrack for the period during which the Subscriber is unable to fully enjoy the Services as a result of the occurrences of the events specifically mentioned in the Clauses 6.1.1 to 6.1.4 here of.
6.2 Rightontrack reserves the right to:
6.2.1 suspend, interrupt, or terminate the use by any Subscriber of the Service for any wrongful breach of the terms and conditions herein without any liability attached thereto Rightontrack; and;
6.2.2 subject to the prior written consent of the Subscriber, amend, add or delete any of these Terms and Conditions of this Agreement.
6.3 Rightontrack shall not be liable for any claim for libel, slander, infringement of copyright arising out of any act or omission of the Subscriber in connection with the use of the Service by the Subscriber or any person authorized by any Subscriber.
6.4 Each Subscriber acknowledges that service interruptions in the Telecommunications industry are frequently due to circumstances beyond the control and may not be anticipated by Rightontrack. Rightontrack will only be responsible for the maintenance and smooth running of the Service and Rightontrack shall use its best effort to restore the Service to working condition, each time there is a Service interruption.
7 SUSPENSION AND TERMINATION
7.1 Rightontrack may suspend or disconnect the Service to any Subscriber if the Subscriber;
7.1.1 fails to pay the amount due under any Invoice rendered by Rightontrack;
7.1.2 failure to remedy any breaches of any provision of the Terms and Conditions
7.1.3 is declared a bankrupt or is insolvent;
7.1.4 commits an act of bankrupt;
7.1.5 has a receiver any/or manager appointed over its assets
7.1.6 has a bankruptcy petition or charging order presented or made against him or its assets;
7.1.7 passes a resolutions to wind itself up.
7.2 A suspension or disconnection of the Service by Rightontrack shall not be regarded as a termination by Rightontrack of the Subscription Agreement.
7.3 Rightontrack may in its discretion restore the Service to any Subscriber after the event(s) mentioned in Clause 7.1 is rectified or remedied and the Subscriber shall be liable to Rightontrack for reconnection charges or other charges deemed necessary.
7.4 Subscriber may discontinue services by giving Rightontrack thirty (30) days written notice and termination shall take effect upon expiry of the said notice.
8 ASSIGNMENT
Neither party is entitled or permitted to assign or transfer any or part of their rights or obligations under these Terms and Conditions to any person or party without the prior written consent of the other party hereto which consent shall not be unreasonably withheld.
9 INDEMNITY
Each party hereby agrees to indemnify and keep each other indemnified from and against any and all loss, damage or liability suffered by the other party as a result of the negligence and/or wrongful breach of the Terms and Conditions as herein appearing in this Agreement.
10 FORCE MAJEURE
10.1 If by reason of force majeure, Rightontrack is unable to operate and provide the Services under these Terms and Conditions, Rightontrack shall not be liable to any subscriber for any loss or damage suffered or incurred by the Subscriber by reason of Rightontrack’s failure or inability to provide the Service.
10.2 In such event, the Subscriber shall remain obligated to pay the relevant portion of the subscription as related to the period up to the date on which the event of force majeure occurs and to pay any other amounts due and payable under these Terms and Conditions, but otherwise any subscriber shall be released from any obligation under Terms and Conditions to pay the subscription charges in respect of any period in which the event of Force majeure prevents Rightontrack from providing the Services.
10.3 For the purpose of these Terms and Conditions, “Force majeure” shall mean any circumstances causing a default on the part of Rightontrack which is due to circumstances beyond the control of Rightontrack by such a force majeure event, including but not limited to any act or omission of Governmental authorities, any act or default by supplier, agent or subcontractor of Rightontrack, Act of God, fire, flood, war, embargo, accident, labor trouble or industrial dispute, lighting, subsidence, inclement weather or any law or regulation in Malaysia or any direction or request of the relevant governmental authorities.
11 SEVERABILITY
If one or more of the provisions of these Terms and Conditions shall be invalid, illegal or unenforceable under any applicable law or decision, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal and un enforceable provisions shall be deemed deleted.
12 NOTICES
12.1 Any notice to be given by Rightontrack or a subscriber under these Terms and Conditions must be in writing and sent:
(i) if to a Subscriber, to the respective addresses for Service given by each Subscriber in his Registration or the last known address of the Subscriber.
(ii) if to Rightontrack, to its respective business address.
12.2 Any notice given pursuant to this Clause shall be deemed to have been served if:
(i) sent by registered post, on the second business day after the date of posting.
(ii) sent by ordinary post, on the fifth business day from the date of posting; or
(iii) hand delivered, upon delivery
(iv) sent by fax, upon facsimile machine generates a report that the transmission is successful.
13 COPYRIGHT AND TRADEMARKS
13.1 The Subscriber may not remove or alter any copyright, trademark or other proprietary notices or related visual marks and logos from the material obtained from Rightontrack of the Service. The Subscriber acknowledge and agree that all rights, title and interest in and to the Service and Web site are the property of Rightontrack and/or its licensors, subject only to the limited license granted to you under this agreement. This agreement is not a sale and does not transfer to you any title or ownership in or to the Service or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto, or any rights in or to any third party content or information that may be accessed through use of the Service. All rights not expressly granted herein are retained by Rightontrack and its licensors.
13.2 The Subscriber acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Rightontrack, 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.
14 WAIVER
Failure by a Subscriber of Rightontrack to exercise any or all of his or its rights under these Terms and Conditions, or any partial exercise of a right, shall not act as a waiver of such rights and such rights may be exercised without having to wait for the occurrence or a reoccurrence of a similar or any other event giving rise to such rights. No single waiver shall constitute a continuing waiver.
15 LEGAL COST AND STAMP DUTY
Each subscriber shall bear the cost of stamping of the agreement.
16 BENEFIT OF AGREEMENT
These Terms and Conditions shall be binding upon and ensue to the benefit of any successors in title of any Subscriber. A reference to a party to a document includes that party’s successors and permitted assigns.
17 VENUE OF SUITS
In the event of suits arising from and connected to this Agreement, Courts of Malaysia shall have jurisdiction.
18 INQUIRIES AND COMPLAINTS
All inquiries and complaints in respect of the Service can be forwarded to this telephone number 603-7805 2999.
