AMBER CONNECT TERMS AND CONDITIONS FOR SALE OF PRODUCTS
This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website at www.amberconnect.com (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information about us
1.1 We operate the website Amberconnect.com. We are Amber Connect Limited a company registered in Jamaica under company number 90051 and with our registered office at Pinnacle Point, Suite 11B, 53 Lady Musgrave Road, Kingston 10, Jamaica
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your right to do so as set out in clause 9, you can e-mail us at info@amberconnect.com. Please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the e-mail with details including your order # and date of order.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at info@amberconnect.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy.
4. How we use your personal information
We only use your personal information in accordance with our Privacy Policy.
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.1, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your order, we will contact you as soon as reasonable practicable for us and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges, provided the Products are still in their original state.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a right to cancel a Contract during the period set out below in clause 9.2 This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund, provided that the Product is still in its original state. If original packaging is damaged, we may charge you a re-stocking fee of 25% of the purchase price.
9.2 Your right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|
Your Contract |
End of the cancellation period |
|---|---|
| Your Contract is for a single Product (which is not delivered in instalments on separate days). | The end date is the end of 14 days after the day on
which
you
receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January. |
| Your Contract is for multiple Products which are delivered on separate days. | The end date is 14 days after the day on which you
receive the
last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect of all of the separate Products at any time between 1 January and the end of the day on 29 January. |
9.3 To cancel a Contract, you just need to send an email as provided in clause 1.2(a). You will have given us notice in time as long as you e-mail us before midnight on the last day for which cancellation is allowed.
9.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we may reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. [See our [Returns page INSERT HYPERLINK] for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product ,14 days after the day on which we receive the Product back from you. For information about how to return a Product to us, see clause 9.7;
(ii) if you have not received the Product 14 days after you inform us of your decision to cancel the Contract.
9.5 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery and reasonable return charges.
9.6 We will only refund you on the credit card or debit card used by you to pay.
9.7 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see [our Returns page INSERT HYPERLINK] for our returns address, [printable returns labels and information about our authorised carrier and how to arrange a return;
(b) unless the Product is faulty or not as described (in this case, see clause 9.5), you will be responsible for the cost of returning the Products to us. If use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
10.Delivery
10.1 We will contact you with an estimated delivery date, within a reasonable time after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control.
10.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.3 You own the Products once we have received payment in full, including all applicable delivery charges.
11. International delivery
11.1 Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted in USD on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 7.4 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product will include sales tax or VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the sales or VAT rate changes between the date of your order and the date of delivery, we will adjust the rate you pay, unless you have already paid for the Products in full before the change takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13. How to pay
13.1 You can only pay for Products using a debit card or credit card or using Paypal. We accept Visa, Mastercard, Keycard and American Express.
13.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
13.3 Entire card information like cvc2/cvv2 will not be stored. Only the first 6 digits and last 4 digits of the card number will be stored.
14. Manufacturer guarantees
14.1 We sell Products manufactured by other people. Where products are defective , we will pass on to you the benefit of the manufacturer’s guarantee / warranty. For details, please refer to the manufacturer’s guarantee/ warranty provided with the Products.
15. Our warranty for the Products
15.1 For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, liquid or blunt force damage, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions and any customer advisory provided;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
16.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products purchased by you.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes, whether specific or general. For the avoidance of doubt, we do not warrant that the Products are compatible with any other security system you may use, or that use of any of our Products are a substitute for professional security advice or services or the work of police or other security forces
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any direct or indirect loss or damage that is caused by you, your use or misuse or inability to use the Products, or that is not foreseeable. For the avoidance of doubt, we are not responsible for your failure to charge any batteries used by the Products or if you disclose or fail to keep secret your use or the location of any Product for which this is applicable.
17.1 We only supply the Products for domestic and private use and we do not warrant that the Products are compatible with any other security system you may use, or that use of any of our Products are a substitute for professional security advice or services or the work of police or other security forces. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any indirect or consequential loss or damage, loss of profit, loss of business, business interruption, or loss of business opportunity. Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products purchased by you.
17.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, disruption of GPS Satellite signals, inaccuracy of 3rd party mapping providers, failure of public or private telecommunications networks, lack of telecommunications coverage in any particular location, disruption of telecommunications services due to technical issues, poor weather or any other cause, improper installation of the device, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
19. Communications between us
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 If you are a consumer you may contact us as described in clause 1.2.
19.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by courier service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by courier service, at 9.00 am on the next Business Day after it is signed by courier delivery service as delivered, or if sent by e-mail, one Business Day after transmission to the correct email address.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and delivery by courier paid for, and in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 By purchasing these Products, you agree that you will not use them for any unlawful purpose or in contravention of any applicable law or statute, including but not limited to the infringement of the privacy of any person, or the infringement of the Cyber Crimes Act or any similar legislation.
20.7 If you are a consumer, please note that these Terms are governed by Jamaican law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Jamaican law. You and we both agree to that the courts of Jamaica will have exclusive jurisdiction.
20.8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Jamaica.
If you are a business, we both irrevocably agree that the courts of Jamaica shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
21. Export Restrictions:
There is no export restrictions for amber connect online subscription renewal services.
AMBER CONNECT DEVICE ACTIVATION/INSTALLATION WAIVER
I, hereby acknowledge and agree to the following terms and conditions in connection with the installation and/or activation of a tracking and monitoring device (the "Device") in my vehicle by Amber Connect (the "Company"). I understand that this waiver is a legally binding agreement between me and the Company.
1. Vehicle Condition Responsibility:
I understand that it is my sole responsibility to ensure that my vehicle is in proper working condition and free from any pre-existing issues, including but not limited to mechanical, electrical, or electronic problems, prior to the installation of the Device. I further acknowledge that the Company shall not be held responsible or liable for any damage to my vehicle or any issues that may arise post-installation that are unrelated to the installation process.
2. Limited Liability:
I acknowledge that the installation of the Device may involve minor modifications to my vehicle's electrical system. I understand that there may be inherent risks associated with such modifications. I hereby release, waive, and discharge the Company, its officers, employees, agents, and representatives from any liability for any loss, damage, injury, or harm that may occur to my vehicle or any third party during or after the installation process whether such installation is done by Company technician, third-party technician or anyone. I further release the Company for any loss associated with theft of the vehicle.
3. Vehicle Warranty:
I understand that the installation of the Device may void certain warranties provided by the vehicle manufacturer. I am responsible for verifying whether the installation of the Device will impact my vehicle's warranty, and I accept any consequences that may arise as a result of such voiding.
4. Customer Verification:
I certify that I have thoroughly inspected my vehicle and I am fully responsible for my vehicle's condition or any issues that may arise post-installation.
5. Indemnification
I agree to indemnify, defend, and hold the Company harmless from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in connection with the installation of the Device and any issues that may arise thereafter.
6. Consent
I acknowledge that I have read and understood its contents, and I voluntarily consent to the installation and or/activation of the Device in my vehicle.
ENGINE IMMOBILIZATION WAIVER
By accepting these terms and conditions, I hereby acknowledge and agree to the following terms and conditions related to the activation of the engine immobilization feature (hereinafter referred to as "the Feature") on my vehicle:
Consent for Engine Immobilization: I understand that the Feature allows Amber Connect to remotely disable the engine of my vehicle in certain circumstances, including but not limited to situations where my vehicle is reported stolen or involved in illegal activities. I hereby give explicit consent to Amber Connect to activate the Feature on my vehicle.
Consequences of Engine Immobilization: I am fully aware of the potential consequences and risks associated with the activation of the Feature. These consequences may include, but are not limited to, temporary loss of vehicle operation, inconvenience, and potential delays in emergency situations. I understand that the Feature is a security measure designed to protect my vehicle and deter theft, but it may also impact my ability to use the vehicle temporarily.
Safe Usage: I agree to use the Feature responsibly and only in accordance with the terms and conditions specified by Amber Connect. I understand that misuse or abuse of the Feature may result in adverse consequences, including but not limited to legal action and potential liability for any damages caused by improper use.
Amber Connect Liability: I acknowledge that Amber Connect and/or its agents shall not be responsible for any losses or damages that may occur as a result of the activation of the Feature, including but not limited to financial losses, inconvenience, or any harm caused by temporary loss of vehicle operation. I also acknowledge that Amber Connect will not be held responsible for any theft of a vehicle for which I have granted consent to activate the Feature.
Deactivation: I understand that I have the option to request the deactivation of the Feature at any time, subject to the terms and conditions outlined in my agreement with Amber Connect.
I HAVE CAREFULLY READ AND UNDERSTAND THE TERMS OF THIS ENGINE IMMOBILIZATION WAIVER. I VOLUNTARILY AGREE TO THESE TERMS AND CONDITIONS AND GIVE CONSENT FOR THE ACTIVATION OF THE ENGINE IMMOBILIZATION FEATURE ON MY VEHICLE, ACKNOWLEDGING THE CONSEQUENCES AND RESPONSIBILITIES THAT COME WITH IT.
Third party services
1. Third-Party Security and Installation Services
Amber Connect works with resellers and distributors who are responsible for arranging the
installation of tracking devices and for partnering with third-party installation and
security service providers to offer additional services such as stolen vehicle recovery (SVR)
and SOS response. While Amber Connect facilitates these offerings through its platform, the
performance and delivery of these services remain the responsibility of the respective
resellers, distributors, and third-party providers.
1.1 Amber Connect is not liable for any services performed by resellers, distributors, or third-party installation and security service providers. Any issues, disputes, or claims regarding the installation or delivery of these services must be directed to the relevant reseller, distributor, or service provider and are governed by their terms and conditions.
1.2 Amber Connect’s role is limited to providing tracking devices and telematics platforms. The company assumes no responsibility for the quality, performance, or timeliness of services provided by resellers, distributors, or their installation and security partners.
2. Responsibilities of Resellers and Distributors
2.1 Resellers and distributors are solely responsible for ensuring that installations of Amber Connect tracking devices are carried out by qualified installation partners and that the devices are installed in accordance with the technical guidelines provided by Amber Connect.
2.2 Resellers and distributors must ensure that their installation partners follow the proper procedures to avoid damage to the devices and to maintain warranty coverage. Amber Connect is not liable for damages, faults, or malfunctions resulting from improper or faulty installations carried out by third parties.
2.3 It is the responsibility of the reseller, distributor, or their installation partners to resolve any issues related to installation errors. Amber Connect will not be held responsible for any damages or service interruptions caused by incorrect installations.
3. Limitations of Liability
3.1 Amber Connect shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of income, profits, business interruptions, or property damage arising from the use of its devices, platforms, or services delivered by resellers, distributors, or third-party providers.
3.2 Amber Connect is not responsible for any damages, malfunctions, or losses caused by installations performed by resellers, distributors, or third-party installation partners. Any issues arising from incorrect installations should be resolved directly with the reseller, distributor, or their installation partner.
3.3 Amber Connect shall not be held liable for any delays or failures in the performance of third-party security services, such as stolen vehicle recovery or SOS response, provided by the reseller or their security partners. The customer acknowledges that the availability and quality of these services may be affected by factors beyond Amber Connect's control, such as network availability or delays from third-party service providers.
3.4 Amber Connect's liability is limited to the correct functioning of its tracking devices and telematics platforms, provided they are installed and used according to the guidelines provided. Amber Connect is not responsible for any service failures or damages caused by third-party installations or security services.
4. Installation Services and Warranty Disclaimer
4.1 Amber Connect provides technical guidelines for the installation of its tracking devices. However, installations performed by resellers, distributors, or their third-party installation partners are not the responsibility of Amber Connect. Any improper or incorrect installation that results in device malfunction or damage will not be covered under warranty.
4.2 Any tampering with or modification of Amber Connect tracking devices by unauthorised installers will void any warranties provided by Amber Connect. The customer will be liable for any damages caused by such tampering or modification.
4.3 The customer agrees to indemnify Amber Connect against any claims, damages, or liabilities arising from improper installation or unauthorised modifications to the tracking devices performed by resellers, distributors, or their installation partners.
5. Third-Party Service Providers
5.1 Amber Connect partners with resellers and distributors who, in turn, engage third-party installation and security service providers. These partners operate independently, and Amber Connect is not responsible for their actions, errors, or omissions.
5.2 The customer acknowledges that services such as stolen vehicle recovery, SOS response, and any related emergency services are provided by third-party partners of the reseller or distributor. Any failures or delays in the delivery of these services do not place liability on Amber Connect.
5.3 The customer must review and agree to the terms and conditions of the reseller, distributor, or third-party service provider before utilizing their services. Amber Connect is not responsible for any discrepancies between the customer’s expectations and the services delivered by third-party partners.
6. Indemnification
6.1 The customer agrees to indemnify, defend, and hold Amber Connect, its affiliates, resellers, distributors, and third-party partners (including security and installation service providers) harmless from any claims, liabilities, losses, or damages arising from:
- The customer’s misuse of Amber Connect’s devices or services.
- Improper installation or modification of the devices by resellers, distributors, or third-party installation partners.
- The customer's breach of this agreement or failure to follow the instructions of the reseller, distributor, or third-party service provider.
7. Termination of Services
7.1 Either Amber Connect or the customer may terminate third-party services offered through resellers or distributors by giving written notice, subject to any minimum term agreements in place with the third-party provider.
7.2 In the event of termination, the customer is not entitled to any refunds for fees paid to Amber Connect or third-party providers unless specifically stated in the third-party provider's terms and conditions.
7.3 Amber Connect reserves the right to suspend or terminate services (including those offered by third-party providers) if the customer breaches any terms of this agreement or fails to meet payment obligations.
Last Revised: October 27th, 2022
NOTICE: The Privacy Policy below will become effective May 25, 2018.
Amber Connect cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our world-class products, services, websites and mobile applications (collectively, our "Services"). Your personal data includes information such as:
Name
Address
Telephone number
Email address
Emergency contacts
Other data collected that could directly or indirectly identify you.
Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.
If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer ("DPO") and our dedicated team that supports this office by contacting us at info@amberconnect.com. This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.
You can update the information we retain on you and use to manage your ongoing experience with us when doing business at any time by going to your account page and modifying the information anytime or by sending us an email at info@amberconnect.com.
Amber Connect Limited ("We") are committed to protecting and respecting your privacy. This policy (together with our terms of use and any other documents referred to on it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting Amberconnect.com you are accepting and consenting to the practices described in this policy.
What information do we collect?
We collect information so that we can provide the best possible experience when you utilize our Services. Much of what you likely consider personal data is collected directly from you when you:
- Create an account or purchase any of our Services (ex: billing information, including name, address, credit card number, government identification);
- Request assistance from our customer support team (ex: phone number, live chat, email support);
- Complete contact forms or request newsletters or other information from us (ex: email); or
- Participate in contests and surveys, apply for a job, or otherwise participate in activities we promote that might require information about you.
- However, we also collect additional information when delivering our Services to you to ensure necessary and optimal performance. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:
- Account related information is collected in association with your use of our Services, such as account number, purchases, when products renew or expire, information requests, and customer service requests and notes or details explaining what you asked for and how we responded.
- We may need access to your contact list in order for you to select emergency contacts details from the Amber Connect application to share with us in the event of an emergency. This information may be used by your Amber Connect distributor/ service provider to provide emergency security services to you in the event they cannot reach your primary contact number.
- Cookies and similar technologies on our websites and our mobile applications allow us to track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our sites and mobile applications, and to collect, analyze and improve the performance of our Services. We may also collect your location (IP address) so that we can personalize our Services. For additional information, and to learn how to manage the technologies we utilize, please read our Cookie Policy below.
- Data about Usage of Services is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location.
- Information you give us. You may give us information about you by filling in forms on our site Amberconnect.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, and location based data.
- Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- We will not save the entire card number/cvc2/cvv2 during online purchase. Only the last 4 digits of the card number will be stored for sending receipts to customers.
- Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
- Subscribe to our dashcam (video recording device) service. We collect, process, and store the videos that you capture with our dash systems for various time periods depending on your subscription plans, configurations, and settings. This may include capturing and emailing to you portions of the videos as part of a notification or analyzing the data to identify motion or other events. We may process Personal Information from your cameras so that we can send you alerts when something happens.
Cookies
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our site. Cookies enable us to identify what browser you are using, or you when you have logged into your account on our server. We use cookies that are strictly necessary to enable you to move around the site or to provide certain basic features. We use cookies to enhance our ability to analyze our web traffic using Google Analytics. We also use cookies to help us to provide international language support any translation services integrated into our website.
We don't sell the information collected by cookies, nor do we disclose the information to third parties, except where required by law (for example to government bodies and law enforcement agencies).
How we utilize information.
We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:
Delivering, improving, updating and enhancing the Services we provide to you. We collect various information relating to your purchase, use and/or interactions with our Services. We utilize this information to:
- Improve and optimize the operation and performance of our Services (again, including our websites or applications)
- Diagnose problems with and identify any security risks, errors, or needed enhancements to the Services
- Detect and prevent fraud and abuse of our Services and systems
- Collecting aggregate statistics about use of the Services
- Understand and analyze how you use our Services and what products and services are most relevant to you.
Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.
How we use the information held about you.
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the order form);
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer. Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
- We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act of Jamaica.
- We may share your information with selected third parties including: Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Analytics and search engine providers that assist us in the improvement and optimization of our site.
- Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
- We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Amber Connect Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Amber Connect Limited, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Sharing with trusted third parties.
We may share your personal data with affiliated companies within our corporate family, third-party partners whose services integrate with our own, and trusted third-party service providers as necessary to perform services on our behalf. These services may include:
- Processing credit card transactions and facilitating payments through Amber Pay (a PCI-compliant company) for subscription renewals and other payments on the platform.
- Facilitating communications with you, including emails and surveys.
- Trusted Resellers authorized by you for product purchases.
- Performing service and customer demographic analysis.
- Managing customer relationships.
- Supporting stolen vehicle recovery and emergency SOS/Panic responses with security providers.
We share your personal data only as necessary for these third parties to provide their services. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing, or retaining your personal data for any other purposes without your consent.
Where we store your personal data
The data that We collect from you may be transferred to, and stored at, a destination outside Jamaica. It may also be processed by staff operating outside of Jamaica who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your orders, requests or queries, the processing of your payment details (if any) and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorized access. We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) and other technology.
Website and app analytics
We use multiple web analytics tools provided by service partners such as Google Analytics, MixPanel and Singular to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our 'cookie banners' that may be presented (depending on URL of website visited) when you first visit our web pages, or by utilizing settings in your browser or third-party tools, such as Disconnect, Ghostery and others.
Third-party websites
Our website and our mobile applications contain links to third-party websites. We are not responsible for the privacy practices or the content of third-party sites. Please read the privacy policy of any website you visit.
How you can access, update or delete your data.
To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please sign into your Account and update the information available to you there -this is the primary location for all personal data we retain and use on an ongoing basis to manage our relationship other than any historical data we have retained with regards any prior transactions or service/support requests you may have previously exchanged with us.
If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.
If you are unable for any reason to access your Account Settings or our Privacy Center, you may also contact us by one of the methods described in the "Contact Us" section below. How we secure, store and retain your data.
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:
- mandated by law, contract or similar obligations applicable to our business operations;
- for preserving, resolving, defending or enforcing our legal/contractual rights; or
- needed to maintain adequate and accurate business and financial records.
If you have any questions about the security or retention of your personal data, you can contact us at dataprivacy@amberconnect.com
'Do Not Track' notifications.
Some browsers allow you to automatically notify websites you visit not to track you using a "Do Not Track" signal. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com.
Age restrictions.
Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.
Your rights
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@amberconnect.com.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy as you will be bound by the policy when you use the site.
Contact us
If you have any questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact our Office of the DPO by email at info@amberconnect.com In the alternative, you may contact us by either of the following means:
By Mail to : Pinnacle Point, Suite 11B, 53 Lady Musgrave Road, Kingston 10, Jamaica.
We will respond to all requests, inquiries or concerns within thirty (30) days.
All Amber Connect Products are covered by the limited warranty described below.
Limited Warranty
Amber Connect will honor the Manufacturer's warranty that Products will be free from defects in material and workmanship for the applicable warranty period and that the Products will operate substantially according to specifications for a period of one year after the date of purchase.
Scope Of Limited Warranty
This Limited Warranty applies to Amber Connect products purchased directly from Amber Connect, or through an authorized dealer, distributor or reseller. This Limited Warranty extends only to the initial purchaser /end user of the Product.
Warranty Procedures and Remedies
During the applicable warranty period, if a customer is unable to resolve a product problem and Amber Connect Technical Support Team determines the product is defective, a Return Material Authorization (RMA) will be issued by the Amber Connect TST. Following receipt of an RMA number, the customer shall return the product to Amber Connect directly or by courier. Upon verification of the Product's eligibility for replacement under warranty, Amber Connect will replace the product and return it to the customer. If the product is not covered by the warranty, the customer will be required to purchase a new product if they wish to continue to use the Service. No services are handled at the customer's site under this Limited Warranty.
Warranty Periods
The Limited Warranty is valid for a period of one year from the date of purchase from Amber Connect or its authorized reseller or distributor. Customers may be required to provide a proof of purchase as a condition of receiving a warranty service.
The warranty periods for Amber Connect products are stated in the Warranty by Product table below.
Extended Warranty (3 years)
Extended warranty can be purchased at an additional cost. This warranty is for 3 years from the date of purchase (hereinafter refer to the invoice date or receipt date issued by Amber Connect or its reseller or distributor).
Warranty does not cover:
- Device has exceeded the warranty period or failure to provide a valid invoice or receipt as proof of purchase.
- Damage due to misuse including physical damages or PCB burnout.
- Malfunction of hardware due to unauthorized ROM flashing/system upgrades.
- Normal wearing down of housing or other consumable parts.
- Malfunction or damages to the hardware caused by unauthorized repair, disassembling or alteration by any party other than Amber Connect or its authorized.
- Deliberate short circuit of battery or cut-off of data cable
Replacement:
Free replacement is provided if a manufacturing defect is identified within the first month since the date of purchase.
Maintenance:
- Free repairs are available for items for their functional defects within the warranty period. Shipping cost shall be borne by both parties.
- For malfunction caused by misuse within warranty, Amber Connect would offer maintenance while any material cost for repair shall be borne by the customer. Shipping cost shall be borne by buyers.
- For malfunction beyond the warranty period, Amber Connect may charge a repair fee. Shipping cost shall be borne by buyers.
* Amber Connect reserves the right of final decision on the interpretation.
Warranty Exclusions
No warranty will apply if the Product or Software (1) has been altered, except by Amber Connect; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Amber Connect in the applicable product documentation; or (3) has been subjected to unreasonable physical, thermal or electrical stress, liquid damage, misuse, negligence, accident or act of God. The Limited Warranty also does not extend to any damage, malfunctions, or non-conformities caused by (1) normal wear due to product use; (2) use of non-Amber Connect furnished equipment or software with products; or (3) failure to implement all new updates to Software.
Disclaimer
Except as expressly set forth above, amber connect makes no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement, or warranties or obligations arising from a course of dealing, usage or trade practice. Further, amber connect does not warrant that its software is error free or that end users will be able to operate the software without problems or interruption.
Limitation of Liability
Your exclusive remedy for any defective product is limited to the replacement of the defective product.
In no event will Amber Connect or its affiliates be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if amber connect or its affiliate has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. The total cumulative liability to an OEM manufacturer or end user, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product. In addition, amber connect shall not be liable for customer's or any third party's software, firmware, information, or memory data contained in, sorted on, or integrated with any product returned to amber connect, whether under warranty or not.
General
The laws of Jamaica govern this Limited Warranty.
To the extent there is a conflict between this Limited Warranty and an agreement between Amber Connect and a distributor, reseller, OEM manufacturer or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law.
Amber Connect is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers or other service providers. Amber Connect reserves the right to amend or change this policy in its sole discretion at any time.
Amber connect terms and conditions for sale of products
PLEASE READ CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE.
BY DOWNLOADING THE APP AND CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST CANCEL THE DOWNLOAD.
This end-user licence agreement (EULA) is a binding agreement between you and Amber Connect Limited (Licensor / us or we) for use of Amber Connect mobile application software, the data supplied with the software, and the associated media (App) and our Devices.
Acknowledgements
The terms of this EULA apply to the App, our Devices and any Services accessible through the App (Services), including any updates or supplements to the App or Services, unless they come with separate terms, in which case those terms apply. If any open-source software terms in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source License may override some of the terms of the EULA. We may change these terms at any time. You agree to read them from time to time and that your continued use of the App will mean you agree to any such changes. From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You may be charged by your service provider for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
The terms of our privacy policy at Amberconnect.com (Privacy Policy) are incorporated herein by reference and apply once the Service being used by you does not have a separate privacy policy. Additionally, by using the Devices, App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The App may be used with Devices and Services governed by third party contracts, terms of use and privacy policies. On your use of them, you will also be bound by those contracts, terms of use and privacy policies. By using the App or any of the Services, you consent to us dealing with your information in accordance with the Privacy Policy including: collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you; and sharing your account information and personal data with our third party service partners to ensure the effective activation and provision of Services hereunder;
Certain Services will make use of location data sent from the Devices. If you use these Services, you consent to us and our third party partners, affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Grant and scope of licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and rules or policies applied by any app store provider or operator from whose site (App Store), you downloaded the App (App Store Rules) incorporated into this EULA by reference. We reserve all other rights. We have not limited the number of devices to which you may download the App provided it is only for your personal display and use.
Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree to each and all of the following License Restrictions: not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to adapt, alter, vary or modify the App or any part of it, nor attempt to do so; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by law) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving interoperability of the App with another software program: (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software that is substantially similar to the App; to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; to include our copyright notice on all entire and partial copies you make of the App on any medium; not to sell, re-sell or otherwise exploit for any commercial purpose nor provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
Acceptable use restrictions
You also agree to each and all of the following Acceptable Use Restrictions: You must:- not use the Device, the App or any Service in any fraudulent, malicious or unlawful manner, or for any fraudulent, malicious or unlawful purpose, or in any manner inconsistent with this EULA or the laws of Jamaica; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA); not transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment; not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users ; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. You should be aware that you might be liable to criminal penalties if you use the App in any of the ways prohibited above.
Intellectual property rights
You acknowledge that all intellectual property rights in the Devices, App, and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
Limited warranty
We warrant that the App will, when properly used and on an operating system for which it was designed and with the requisite data connection, perform substantially in accordance with the functions described on Amberconnect.com. The App is however used at your own risk, we do not warrant that it is compatible with any other security system you may use and should not be relied upon to provide specific security, consultancy, logistic or other advice, for which you should rely on the advice of a professional or official personnel. We will honour the Limited Manufacturer's Warranty only in respect of the Device and you will therefore be entitled to have the Device replaced if it falls within the terms of the Warranty provided. In addition to the warranty, You should acquaint yourself with the Customer Advisory and Product Disclaimer provided with the Devices when purchased.
If you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a free download of the App, but nothing further. The warranty does not apply: if the defect or fault in the App or any Service results from you having altered or modified the App or tried to do so; if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; if the failure to obtain the results you seek were never offered by this App or were as a result of your act or omission; if the failure to obtain the results you seek are due to an Event Outside of Our Control; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions. For the avoidance of doubt, We do not warrant that any of the functions of the App will be uninterrupted or error-free, nor that the server which makes the App available will be virus free. Although significant efforts have been made to ensure that the information in the App is as accurate as possible, We give no warranty to that effect and accept no responsibility for the accuracy or completeness of the App. The information on the App may be changed or withdrawn without notice to you. Should you have any concerns about how the App functions, you may contact us at info@amberconnect.com.
Limitation of liability
You acknowledge (a) that neither the Devices nor the App has been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Devices and App as described on the website meet your requirements (b) that the App relies on coordinates from GPS Satellite signals and Third Party information including mapping information and therefore we do not warrant accuracy of the coordinates or content provided by such signals or Third Parties; (c) that you are responsible for keeping your passwords and other important information private, that you are responsible for keeping the battery in your Device charged, and that if you are using vehicle or other tracking Devices you must ensure that their locations in your vehicle or other items must also be kept private, and (d) that where installation of your Device is required you must ensure that this is done by an authorized installer in accordance with wiring instructions, but we are not responsible for any improper installation. We will not be responsible for any direct or indirect consequences of your failure to undertake the actions in paras (a) (c) and (d) or to acknowledge the warranty in (b).
Unless you have purchased the Amber Fleet Service, we only supply the App to you for private use. In any event, You agree not to use the Device or App for re-sale or any similar commercial purposes. You agree that in no circumstances whatsoever will we have any liability to you for any loss of income, loss of profit, loss of business, business interruption, or loss of business opportunity. In no event shall We be liable for any form of loss or direct, indirect or consequential damages or any damages whatsoever which may arise out of your use of our Devices or this App. You acknowledge and agree that you are personally responsible for your conduct while using the Device and App and agree to indemnify Amber Connect Limited, its affiliates, service and content providers, and any of their employees, officers and agents against any loss, damage, liability, cost, or expense of any kind (including legal fees) that We may incur in connection with a third party claim or otherwise in relation to your use of the Device or App or any of the apps linked to the App or your violation of this EULA or our Terms of Use.
Our maximum aggregate liability under or in connection with this EULA (including your use of the Device or any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to US$20.00. This does not apply to the death or personal injury resulting from our negligence and any other liability that cannot be excluded or limited by Jamaican law.
Termination
We may terminate this EULA immediately by written notice to you: if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and On termination for any reason: all rights granted to you under this EULA shall cease; you must immediately cease all activities authorised by this EULA, including your use of any Services; and you must immediately delete or remove the App from all Devices,
Communication between us
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by registered post to Amber Connect Limited at Pinnacle Point, Suite 11B, 53 Lady Musgrave Road, Kingston 10, Jamaica. and info@amberconnect.com. We will confirm receipt by e-mail. If we have to contact you or give you notice in writing, you hereby agree that we may do so by e-mail to the address you provide to us in your request for the App.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including disruption of GPS satellite signals, inaccuracy of 3rd party mapping providers, poor weather, failure of public or private telecommunications networks, lack of network coverage in a particular location, disruption of telecommunications services due to technical issues, poor weather or any other cause, improper installation of a Device by an installer or any other failure of any Third Party with whom you have contracted for a Service used with the App whether same was foreseeable or not and whether it was due to their negligence or wilful default or not strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use commercially reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
Other important terms
We may transfer our rights and obligations under this EULA to another organisation without prior notice to you, but this will not affect your rights or our obligations under this EULA. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Please note that this EULA, its subject matter and its formation, are governed by Jamaican law. We both agree that the courts of Jamaica will have exclusive jurisdiction over any matters related to use of the Device or the App or the Services.
Your Device may also contain a SIM card through which data connectivity and Services are provided. If so, Amber Connect Limited is and shall remain the sole owner of the SIM Card and it must be returned to us, or anyone acting on our behalf, on request. You must not interfere or tamper with this card for any reason and you are not allowed to let third parties interfere or tamper with the SIM Card and/or use the SIM Card for any other purposes then our Services to you. If you do, you will be responsible for any charges incurred on the SIM Card's account, any damage or failure of the Services and for its replacement cost. Any SIM Card found defective (through no fault of ours) will require payment by you for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.
This agreement has been entered into as of the date on which You first downloaded this App.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
These terms of use together with the documents referred to in it tells you the terms of use on which you may make use of our website AmberConnect.com (our site). Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
Information about us
Amberconnect.com is a site operated by Amber Connect Limited ("We"). We are registered in Jamaica and have our registered office at, Pinnacle Point, Suite 11B, 53 Lady Musgrave Road, Kingston 10, Jamaica, WI.
Changes to these terms
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@amberconnect.com.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to security advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up'to'date.
Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or any other liability that cannot be excluded or limited by Jamaican law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Please note that we only provide our site for private use. You agree not to use our site for re'sale or similar business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial'of'service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non'confidential and non'proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights you licence
When you upload or post content to our site, you grant the following licenses:
LICENCES GRANTED TO THE WEBSITE OWNER a perpetual, worldwide, non'exclusive, royalty'free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the services provided by and through the website and across different media.
LICENCES GRANTED TO THIRD PARTIES a license to permit our service partners to use the content for their own purposes as needed to ensure the functionality of the site, the Amber App and services.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial'of'service attack or a distributed denial'of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co'operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, We have no control over the contents of those sites or resources and it is your responsibility to assure yourself regarding their content.
Applicable law
Please note that these terms of use, its subject matter and its formation, are governed by Jamaican law. You and we both agree to that the courts of Jamaica will have exclusive jurisdiction.
Trade marks
Amber and Amber Connect are registered trade marks of Amber Connect Limited.
Contact us
To contact us, please email info@amberconnect.com.
Thank you for visiting our site.
AMBERCONNECT.COM ACCEPTABLE USE POLICY
This Acceptable Use Policy sets out the terms between you and us under which you may access our website Amberconnect.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Amberconnect.com is a site operated by Amber Connect Limited (we or us). We are registered in Jamaica under company number 90051 and we have our registered office at Units 1'3, 6 Haining Road, Kingston 5, Jamaica.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re'use any material which does not comply with our content standards set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time'bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re'sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use [INSERT AS LINK TO TERMS OF USE] upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
