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Spotter

General Terms and Conditions

General Terms and Conditions of Delivery and Services of Spotter B.V. (hereinafter: the “General Terms and Conditions”)

  1. Definitions
  2. General provisions
  3. Offers and conclusion of Agreements
  4. Change of address or name
  5. SIM Card and Tracker
  6. System codes
  7. Prices
  8. Payment
  9. Use of the Services
  10. Duration of the Services
  11. Delivery and delivery time
  12. Defects and time limit for submitting a complaint
  13. Right of termination
  14. Liability
  15. Guarantee
  16. Invoking the guarantee
  17. Force majeure
  18. Services
  19. Risk of storing information
  20. Contract takeover
  21. Confidential data and privacy
  22. Intellectual property

1.        Definitions

In these General Terms and Conditions, the following terms are defined as stated below:

Spotter: Spotter B.V., having its registered office at Leeuwenhoekweg 20c, 2661 CZ Bergschenhoek, the Netherlands.

Purchaser: A natural person or legal entity who/that has or that enters into a contractual relationship with Spotter.

Consumer-Purchaser: A natural person, not acting in the exercise of a profession or business, who has or who enters into a contractual relationship with Spotter.

Products: The subject of one or more Agreements.

Trackers: Track and Trace hardware sold by Spotter under any brand name.

Supplier: The provider of Products or Services of or via Spotter.

Other Party: Any natural person or legal entity with whom Spotter enters into an Agreement or negotiates the conclusion of an Agreement, or to whom Spotter makes an offer or performs a delivery or provides any other performance.

Services: All activities, whether or not via a third party and in whatever form and manner, performed by Spotter for or on behalf of the Other Party, the Purchaser and the Consumer-Purchaser, including Services, facilities and the transport of telecommunications traffic provided by Spotter to the Other Party, the Purchaser and/or the Consumer-Purchaser.

Network: The network of the telecom provider that Spotter works together with.

Agreement: An Agreement for the provision of Services and/or Products by Spotter to the Other Party. The price list and the General Terms and Conditions are part of the Agreement.

Spotter Customer Service: Spotter Customer Service is available to the Other Party to answer questions about Spotter, either in writing to Spotter or by e-mail to: support@spottergps.com

Connection: The option of using equipment of Spotter for the Services.

Content: Products offered by Spotter or third parties via or in connection with the Services or additional Services, which may include text, sound, data and/or software applications.

Content Services: The Services by which Spotter provides the Purchaser with access to Content.

2.        General provisions

2.1      These General Terms and Conditions apply to all Agreements, requests, quotes and deliveries to, and the conclusion of Agreements with the Other Parties concerning the delivery and purchase of the Services, insofar as the parties have not explicitly deviated from these General Terms and Conditions in writing. These General Terms and Conditions also apply to all Agreements with Spotter that require the involvement of third parties for their conclusion and implementation, as well as to all actions, including legal acts, that reasonably precede this.

2.2      One or more provisions of these General Terms and Conditions may only be deviated from if expressly agreed in writing. The other provisions of these General Terms and Conditions will, in such case, remain in full force.

2.3      General terms and conditions used by the Other Party are not applicable, unless agreed explicitly by Spotter in writing.

3.        Offers and conclusion of Agreements

4.        Change of address or name

5.        SIM Card and Tracker

6.        System codes

7.        Prices

8.        Payment

9.        Use of the Services

10.     Duration of the Services

11.     Delivery and delivery time

12.     Defects and time limit for submitting a complaint

13.     Right of termination

14.     Liability

15.     Guarantee

16.     Invoking the guarantee

17.     Force majeure

18.     Services

19.     Risk of storing information

20.     Contract takeover

21.     Confidential data and privacy

  1. a) assessing the application for activation of a Service;
  2. b) analysing the use of the Network;
  3. c) expanding turnover and customer base by actively approaching an Other Party with offers for Products and Services;
  4. d) preventing fraud and promoting the continuity of Spotter;
  5. e) the fulfilment of legal obligations.
  1. a) in the context of specific invoices, unless a method of depersonalisation by masking is offered by Spotter and has been agreed with the Other Party;
  2. b) for the purpose of marketing products that are related to the Products of Spotter, unless the Other Party has objected to this form of processing;
  3. c) for the purpose of the processing of personal data of an Other Party whose Services have been suspended due to late payment or an Other Party that has seriously damaged or attempted to damage Spotter.

22.     Intellectual property

23.  Applicable law and competent court

24. Final provisions

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