Terms and Conditions

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Spider Tracks Limited subscriber Terms and Conditions:

This is a legal agreement between you and Spider Tracks Limited ("STL") stating the terms that govern the use of the STL spidertracks application website (https://go.spidertracks.com/ described as spidertracks application website) and use of the STL system. To agree to these terms and conditions check the appropriate box on the signup page. If you do not agree to these terms and conditions do not check the appropriate box. You will not be able to use this service. STL does not allow any additions, changes, or deletions to this agreement by you and may refuse access to this application for non-compliance with any part of this agreement.

 

  1. Definition of spidertracks application website and STL system. STL is the provider of the application website that permits you, and ‘people’ you allow, to view 'tracks' made by your 'Spiders' as well as set up and edit Spider details.
    1. References in this agreement. 'We' or 'us' refer to Spider Tracks Limited. In signing up to spidertracks application website you have entered your legal name and contact information. 'You' and 'your' refers to the person who completed the signup process.
    2. Definition of an account. Your account includes all Spiders, aircraft, tracks and other information such as, but not solely, support people and billing information associated to you.
    3. Definition of Tracks. Tracks are position reports that are plotted on a map by a Spider and are joined together by solid lines. The track will show the location, altitude, speed and time of each point. A track beginning point and end point are determined when the Spider is turned on and turned off. Any subsequent power cycles of the Spider will create new tracks.
    4. Definition of a Spider. A Spider is the hardware that sends position reports to the spidertracks application website. This includes current versions Spider S1, Spider S2, Spider S3, Spider S4, Spider S5, and any future developments.
    5. Definition of system. The system is everything produced by STL, including but not limited to, the spidertracks application website, marketing website (www.spidertracks.com), spidertracks support website (support.spidertracks.com), the Spider and all other hardware, and STL documentation.
  2. System Requirements. Use of the STL service requires Internet access (fees may apply) and certain software. Because the service involves hardware, software, data transmission via the Iridium Satellite Network, and Internet access, your ability to use the service may be affected by the performance of these factors. You agree that parts of the system under your control, such as your Internet access, hardware, software and ISP, may change from time to time and as such are your responsibility. We strongly recommend high-speed Internet access to use the spidertracks application website.
  3. Terms of Sales. On registration of a Spider to the application site you may be required to pay monthly fees and usage fees. The monthly fee will be charged from the first day the Spider is registered and the amount is determined by the number of days remaining in your billing month. Your billing date is the day at which you created an organisation within spidertracks application website. If this day does not exist in some months, the day will become the last day of the month. Monthly fees are invoiced prior to the month that they occur. Your Spider can be disconnected by request to STL. A disconnection fee may apply. Any usage up to the point of termination will be charged to your account.
  4. Privacy.
    1. STL will endeavor to keep all information contained in your account private and secure. This content includes all data that is produced by Spiders whilst in your account. STL may use information about your account such as usage, location, and settings for analysis purposes which will be aggregated with other accounts. No information obtained from your account will be associated to your name or your company name. You agree that STL employees are permitted to view your account and information therein, and as such will not disclose any information to outside parties.
    2. All information created by Spiders your organisation have registered in your account are your property. Under certain circumstances STL may be required by law to release certain information. In this situation you will be notified and the information required by law to be released will be released. Should you delete or manipulate data contained in your account STL will not be liable for any loss of data.
    3. Customers who have requested data be served to third parties, will have that data served according to the agreement in place with the third party with whom data is being shared. This may include the following agencies: United States Forest Service, British Columbia Forest Service, National Aerial Firefighting Centre (Australia), United Nations, New Zealand Rescue Coordination Centre and others.
    4. The STL application website has a feature called the 'Public Page'. This page will show all tracks of Spiders that have their publicity set to 'public' and all tracks that are set to 'public'. You agree that any information on these pages can be viewed by the general public and that it is your responsibility to control what content goes to these pages.
    5. Members. Through the spidertracks application website you are able to add Members to view aircraft. These people will be able to view any track made by the Spider within the aircraft that you allow them to view. It is your responsibility to control who is a member and what Spiders have members viewing their tracks. If you are invited as a member by another organisation you are required to keep all of their information private, and you will not disclose any information without permission from the organisation administrator of the Spider in question. STL will not be liable for the release of any information by a member of your account.
  5. Your information. You are required to keep all information in your account accurate, current, and complete. This includes, but is not limited to, organisational contact and billing information. Using a Spider incurs a monthly fee as well as a usage fee. This will be charged to a credit card which you will be prompted to update, unless prior arrangements have been made for an alternative payment method. Spidertracks may terminate or suspend your account if information stored in your account is not correct or up to date. You agree that STL may store and use registration data including credit card information for maintaining accounts and billing purposes. If outstanding invoices are not paid, or contact information is not maintained, you agree that STL has the right to suspend or terminate your account.
  6. Account and Password. As a registered user of the service you may establish or receive an account. You are solely responsible for maintaining the confidentiality and security of this account. You should not reveal your account information, including user email and passwords, to anyone else nor should you access anyone else's account. You are responsible for all the actions that occur through your account. You agree to notify STL of any unauthorised breach of security. STL shall not be responsible for any losses or costs arising out of unauthorised use of your account. As personal information about your STL account is sent to an email address, you agree to maintain the security of that email account as well as contact STL in the event of a change in the email account. STL will not be liable for any losses or costs arising from a breach of security through your email account or through your failure to maintain the security of your user email and password.
  7. Hardware.
    1. The customer is aware that the STL website application requires use of hardware. STL hardware may include the following; a STL tracking unit known as a 'Spider', Keypad, Reprogramming Lead, Power lead. Once a product is purchased and received, STL is not liable for any loss, destruction, or damage to the product.
    2. If a malfunction of the STL hardware that you purchased has occurred, whilst under the warranty period of 1 year since you purchased it from STL or a reseller of the hardware, and STL deems that this is not as a result of the customers actions, then STL agrees to either repair or replace the hardware to the standard that it was when purchased. Any unauthorised attempts to repair, replace or modify the hardware by persons other than authorised by STL employees, will void warranty.
    3. During the warranty period, the Spider and any other STL hardware will function in accordance with its specifications, but the customer acknowledges that the hardware is of a complicated and technical nature and may have minor or inherent defects. If an unaltered version of the hardware develops faults by reason of defective components, design or workmanship within the warranty period, STL will either repair or replace the hardware, or the affected component of the hardware. The only cost the customer will incur are freight charges to return the hardware to STL and for STL to return the hardware to you, as this is a back to base warranty. In case of hardware replacement, STL reserves the right to charge any costs that may arise if the defective hardware is not returned within 21 days upon receipt of replacement.
    4. For Spider repairs not covered by warranty, STL will charge US$410 bond for replacement Spider 3, Spider 5 and Spider 6 and US$650 bond for replacement Spider 7, which will be calculated against the cost of repairing and any difference will be refunded after the Spider is fixed.
    5. The customer is responsible for having the Spider and keypad (if applicable) installed. To work effectively the Spider must have a clear view of the sky, meaning that there is no obstruction between the top of the Spider and the sky going in a vertical direction. All costs associated with installation of hardware is the customer’s responsibility. The customer must follow all instruction provided by STL and its employees when installing STL hardware. STL will not be liable for any loss, damage, or otherwise, due to failure to follow these instructions. Instructions may include, but are not limited to email communication from STL employees, instruction manuals available on the website, and information provided within the STL packaging.
    6. The customer is responsible for keeping the firmware on the Spider up to date. STL will provide a reprogramming lead which must be used with the STL updater, downloaded from the Support website. STL will not be liable for any issues caused by Spiders with out of date firmware. STL will inform all customers when software updates are available for download via the Latest Product Updates page on our Support website.
  8. Alternative viewing mechanisms. STL will, from time to time and at customers requests, make available alternative map backgrounds on the application website. These may include the New Zealand Visual Navigation Charts. These are made available for post flight purposes only and are not to be relied upon for navigation during or prior to flight. Whilst STL will endeavour to keep such maps up to date this may not always be possible, so information presented on these maps may not represent the latest airspace boundaries. Maps provided by customers for upload to the site will be made available to that customer alone, unless otherwise agreed. STL will also allow users to log into a server side KML feed that can be viewed in Google Earth. You acknowledge that this feed is secondary to the application website, and will not present the information at the same level of reliability or latency as the application website.
  9. Payment for products. You agree to pay for all products or usage you purchase, rent, or use (as applicable) through the service, and that STL may charge your credit card for any product purchased, rented or used (as applicable), and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. You are responsible for the timely payment of all amounts accrued by your account as detailed within your STL invoice, or as advised by STL staff. All fees will be billed to the credit card you designate during the registration process, or the credit card that you have entered since registering to the application service, unless you have an agreement with STL to pay by other methods. Payment card details must be changed online at the Billing Settings section of the service.
  10. Prices and availability of any products are subject to change at any time. STL reserves the right to change prices of any hardware or services at any stage. STL agrees to provide 30 days advanced notice of any changes to any service prices, prior to changes taking effect. Any changes or specific information requested by you, being either hardware, software or anything relating to STL operations, may be charged for by STL. STL agrees to provide a quote for any such changes or information requested. On receipt of written acceptance of a quote, STL and you will arrange a mutually agreed time for the work to be undertaken.
  11. Automated Watch. Automated Watch is monitored flight following using a STL tracking device, Spider and keypad. Watch is automatically turned on when a speed threshold is reached and will stay on until cancelled via the keypad. Loss of communication between the Spider and the spidertracks application website will result in an SOS being raised.
    1. Your Information. You are required to keep all your contact information on the website current and up to date. Failure to do so may result in inability for rescue services to contact you. STL will not be responsible for you not being contactable by any outside party.
    2. Your support people's information. You are responsible for entering and maintaining correct emergency contact information. Your contacts will be contacted by email and or (SMS) text message in the event that your Spider generates an SOS. They may or may not use this information to get in contact with you.
      1. You must enter email addresses and mobile phone numbers into the spidertracks application website. It is your responsibility to ensure that these remain correct. STL will not be responsible for failure to alert a contact.
      2. It is your responsibility to inform these people that they are contacts and to make sure they know the Watch procedure in the event of an alert.
      3. Tier two contacts are alerted 15 minutes after the initial alert. It is intended that these are a third party search and rescue organisation. It is your responsibility to inform this contact of the Watch procedure in the event of an alert.
    3. Third party communication.
      1. STL is reliant on the Iridium Satellite Network for communication between Spiders and the spidertracks application website. Any faults, errors, or delays caused by the Iridium Satellite Network are outside the control of STL. STL will not be liable for any errors, false alerts or interruptions caused by the Iridium Network.
      2. STL relies on a third party for communication via an sms gateway. Any faults, errors, or a delay of communication due to these third parties are outside the control STL.
    4. General.
      1. STL does not guarantee nor represent that the service will be uninterrupted or error free. From time to time the STL service will be inaccessible due to website upgrades. STL will endeavour to notify you of such upgrades in advance, however, there may be situations when this is not possible.
      2. Your ability. You agree that your use of, or inability to use, the Watch service is at your risk. STL will not be liable for any loss or damage you incur due to your use of the Watch service.
      3. Occasionally Watch may cause false alerts to be sent. STL will not be liable to for any costs or damage due to these alerts. It is your responsibility to inform third parties of such alerts.
    5. Tracking. If your Spider is set to Automated Watch it will send position points at two minute intervals in normal working conditions, when Watch is active. Before Watch is active and after Watch is cancelled only one position point will be sent.
  12. Spidertxt. Spidertxt requires the use of a Spider 3 with OS Upgrade, Spider 4, Spider 5, Spider 6, or Spider 7 with the latest version of firmware on it. Spidertxt allows the user to connect to the Spider via Bluetooth through an iOS or Android device. The user is then able to send and receive text messages.
    1. You understand that using Spidertxt will incur costs and STL reserves the right to change these costs at any time. These costs can be incurred by any members in your organisation. Your organisation is responsible for any costs incurred by these members.
    2. Spidertxt users third party services to send messages. STL will not be liable for failure of delivery of any messages, and failure of receipt of any messages.
    3. It is your responsibility to enter and maintain all the contact information into iOS and Android devices and the STL website application. STL will not be liable for failure of the Spidertxt service due to incorrect information.
    4. Spidertxt requires the use of third party hardware. STL is not responsible for any malfuntion of the service due to failure of this hardware. It is your responsibility to ensure your hardware has ability to work with Spidertxt, according to STL latest specifications on the STL support website.
    5. Spidertxt allows the user to send and receive messages from any location when connected and validated. STL recommend not using Spidertxt whilst operating a vehicle. STL will not be responsible for any incidents or otherwise caused by you while using Spidertxt.
    6. STL is constantly improving the software available for Spidertxt. It is your resonsibiltiy to keep applications loaded on your phone updated when this becomes available. Any failures of the service due to superseded versions of software being used is not the liability of STL.
    7. STL may offer a free trial for Spidertxt. The free trial may be activated by any member of your organisation at any time. After the free trial has expired charges may be applied. STL will not be responsible for any expenses incurred after the free trial. 
    8. Spidertxt may be charged to your account per aircraft registered in your organisation. It is your responsibility to ensure the total number of aircraft registered in your organisation is accurate. 
  13. Sectional Charts. The sectional charts are provided by a third party, and their accuracy is not guaranteed by STL. These charts are to be used for operational purposes at the users discretion only. The use of sectional charts may require an additional subscription after 2016.
  14. Notifications. STL has notifications, whereby messages can be sent to and from the STL application service to designated recipients via email and/or sms message when specific actions occur within the Spider.
    1. Notification have a cost and your organisation is responsible for these costs. Any users within your organisation may be able to implement notifications. It is your responsibility to restrict who implements these. You will be liable for any costs incurred by your organisation while using this service.
    2. Notifications use third party services. STL will not be liable to failure of the system due to faults with the third party. STL cannot guarantee absolute reliability of these third party services.
    3. It is your responsibility to maintain and enter correct contact information for Notificaiton. STL will not be liable for failure of the service due to your failure to enter information correctly.
    4. Notification requires your Spider to have code version 3.4 (for V2.2 spider) or 2.4 (for V2.1 spider), or higher. STL will not be liable for failure of the service due to code on the Spider being out of date. STL will not be able to allow notifications on V1.0 Spiders.
  15. Intellectual Property. Intellectual property rights means the rights to patents, licences, trademarks, trade names, inventions, trade secrets, copyrights, and know-how relating to the origin, manufacture, programming, operating and/or servicing of the system and any enhancements or modifications relating to the same.
    1. You acknowledge that the intellectual property rights in the system belong to STL or its licensers. You will not reproduce, translate, adapt, reverse engineer, vary or modify anything in the STL system.
    2. You will take all reasonable steps to ensure the non-disclosure and confidentiality of the system until the same is in the public domain through no fault of you.
    3. You will ensure that your officers, employees and agents do not disclose or copy any part of the system except as permitted by this clause.
    4. You will not transfer, assign or otherwise deal in the system.
    5. You will notify STL in writing immediately you have knowledge of the existence of any circumstances which may suggest that any person may have unauthorised knowledge, possession or use of the system
    6. Your obligations under this clause will survive termination of this Agreement.
  16. Termination of account and agreement.
    1. If STL believes you have failed to comply with any of the terms of this agreement, STL, without notice, reserves the right to terminate your account and you will remain liable for all outstanding amounts relating to your account up to and including the date of termination, and/or preclude access to your account. STL reserves the right to terminate or suspend any part of the service without notice and STL will not be liable to you or any third party because of such termination. During a termination period, STL will cease transmission of data from your Spider to the application site, and you acknowledge that tracking services will thenceforth become unavailable. You will be notified by email of such a termination at the email address you have provided on your contact details page.
    2. If STL goes into liquidation or has a receiver or statutory manager appointed to any of its assets or becomes insolvent, or makes any arrangement with creditors this agreement may be terminated by STL.
    3. On termination of this agreement you will still remain liable for payment of any charges that become due for payment before or after termination and you may no longer be granted access to the STL application site.
  17. General.
    1. STL does not guarantee nor represent that the service will be uninterrupted or error free. From time to time the STL service will be inaccessible due to website upgrades. STL will endeavour to notify you of such upgrades in advance, however, there may be situations when this is not possible. The STL service is dependent on the Iridium network and as such, any faults, errors, or delays caused by the Iridium Network are not the fault of STL. STL will not be liable for any errors or interruptions caused by the Iridium Network.
    2. Your ability. You agree that your use of, or inability to use, the STL service is at your risk. STL will not be liable for any loss or damage you incur due to your use of the STL service.
  18. Communication. STL main point of contact with you is via the email address entered during the sign up process. Information provided to you through this email address may be account information including billing material, password information, notification of website upgrades/downtime, and promotional newsletters. It is your responsibility to maintain this email address including the security of this account. It is your responsibility to keep any information sent to you through this email address private. It is your responsibility to inform STL of any changes to your contact email address.
  19. Additions to this agreement. At times you may sign up to a promotion (or similar) through STL. You will be required to agree to the terms and conditions of the promotion (or similar) before you receive any benefits of the promotion. Such terms and conditions are considered supplementary to this agreement and in the case of any conflicting terms, the terms of the promotion will over rule these terms. At the end of such a promotion these terms and conditions will apply.
  20. Changes to this agreement. Any changes made to this agreement by us will require that you will have to read and agree to the new terms and conditions before continuing your use of the service. If you chose not to agree to the revised terms and conditions you will not be able to use the application site. STL reserves the right to change the terms and conditions at any time.
  21. New Zealand law governs this agreement.
    1. New Zealand courts have the exclusive jurisdiction over this agreement. If you wish to bring a claim against us, you must do so in a New Zealand court.
    2. You must always use the STL system, and its associated equipment and and data, in compliance with all the relevant laws and regulations in the areas of use in which you operate it in. This is including, but not limited to, all applicable laws and regulations pertaining to aeronautical use. If you install, and or use, the STL system without complying to any of laws or regulations within the areas or use, you are responsible for any actions, legal or otherwise, taken against you. You are responsible for ascertaining whether the system is installed in compliance with all relevant laws and regulations of all relevant authorities in your areas of use.
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