Terms & Conditions — GTrack Fleet Management

Introduction

These Terms and Conditions govern the provision and use of vehicle tracking, fleet management, equipment installation, monitoring, reporting, software, mobile application, portal, API, verification, technical support and related services provided by GTrack Fleet Management (Pvt.) Ltd.

GTrack Fleet Management (Pvt.) Ltd. is referred to in these Terms and Conditions as “GTrack,” “Service Provider,” “we,” “us,” or “our.”

The person, company, organisation or institution purchasing or using the Services is referred to as the “Customer,” “Client,” “Consumer,” “you,” or “your.”

These Terms and Conditions must be read together with:

the Customer Agreement or Service Agreement signed between GTrack and the Customer;
the applicable quotation, order confirmation or service package;
the GTrack Privacy Policy;
any service-specific schedule, service level agreement or statement of work; and
applicable laws, regulations, PTA licence conditions and regulatory directions.

Where a signed Customer Agreement contains a provision that differs from these website Terms and Conditions, the signed Customer Agreement shall prevail to the extent of that inconsistency, subject to applicable law and PTA requirements.

Definitions

For the purposes of these Terms and Conditions:

2.1Agreement

“Agreement” means the complete agreement between GTrack and the Customer, including the signed Customer Agreement, these Terms and Conditions, the applicable quotation, order confirmation, service package, service schedule, Privacy Policy and any written amendments.

2.2Applicable Law

“Applicable Law” means all applicable federal, provincial and local laws of Pakistan, regulations, rules, PTA licence conditions, binding directions, court orders and regulatory requirements.

2.3Applicable Taxes

“Applicable Taxes” means all federal, provincial, local or other taxes, duties, levies and charges imposed in connection with the Equipment or Services.

2.4Authorised User

“Authorised User” means a person authorised by the Customer to access or use the Services, including the portal, application, dashboards, reports or API.

2.5Carrier

“Carrier” means any licensed telecommunications operator, mobile network operator, internet service provider, satellite service provider, data centre, cloud service provider or other third party whose services are used in providing the Services.

2.6Commencement Date

“Commencement Date” means the date on which the Equipment is installed and commissioned, the service is activated or the Customer is otherwise given access to the Services, whichever occurs first.

2.7Customer Data

“Customer Data” means information submitted to, collected through or generated by the Services in relation to the Customer, its vehicles, personnel, users, shipments or operations.

Customer Data may include vehicle registration details, GPS coordinates, routes, speed, ignition status, device status, alerts, trip information, photographs, videos, reports, contact details and system activity records.

2.8Equipment

“Equipment” means any GPS tracking device, communication unit, sensor, immobilisation device, anti-jamming component, camera, accessory, wiring, antenna, SIM or related hardware supplied, installed, rented or maintained by GTrack.

2.9Fleet Management Services

“Fleet Management Services” means the installation and operation of Equipment in vehicles, collection of vehicle and operational data, and provision of dashboards, alerts, reports, route information, trip history, monitoring and related services.

2.10Initial Term

“Initial Term” means the initial contractual period stated in the signed Customer Agreement, quotation or order confirmation. Unless otherwise stated, the Initial Term shall be one year from the Commencement Date.

2.11Installation Charges

“Installation Charges” means the charges payable for installation, commissioning, reinstallation, relocation or removal of Equipment.

2.12Monitoring Fee

“Monitoring Fee” means the recurring fee charged in advance for monitoring, connectivity, software access, reporting, platform access or related Services.

2.13Network Area

“Network Area” means the geographical area in which the relevant cellular, internet, satellite, GPS or other communication services are available and capable of supporting the Services.

2.14Service Centre

“Service Centre” means a GTrack office, workshop, authorised facility or other location designated by GTrack for installation, inspection, maintenance or customer support.

2.15Services

“Services” means any services agreed to be provided by GTrack, including:

vehicle tracking;
fleet management;
Equipment installation and maintenance;
vehicle or shipment monitoring;
web portal and mobile application access;
reports and dashboards;
alerts and notifications;
API access;
photograph or video verification;
incident management;
route monitoring;
check-post or field verification;
technical support; and
any related service agreed in writing.

2.16Service Charges

“Service Charges” means all charges invoiced for the Equipment or Services, including installation, monitoring, subscription, usage, maintenance, API, support, verification, transfer, reconnection, replacement and other agreed charges.

2.17Technician

“Technician” means a person authorised by GTrack to install, inspect, maintain, repair, remove or otherwise work on Equipment.

2.18Vehicle

“Vehicle” means any vehicle, trailer, container, asset or equipment in or on which the Equipment is installed or with which the Services are used.

2.19Vehicle Tracking Services

“Vehicle Tracking Services” means the installation and use of Equipment to receive, process and display vehicle position and related information within the Network Area.

Scope of Services

3.1Service description

GTrack shall provide the Services described in the signed Customer Agreement, quotation, order confirmation, service package or other written arrangement agreed with the Customer.

The exact features available to the Customer will depend on the selected service package, installed Equipment, vehicle configuration, network coverage, software configuration and any separately agreed requirements.

3.2Activation

The Services will ordinarily become active after:

the applicable Equipment has been supplied and installed;
installation and commissioning have been completed;
the required account or vehicle information has been received;
applicable upfront charges have been paid; and
any required verification or documentation has been completed.

3.3Additional services

Any service not included in the selected service package may be provided subject to:

a written request from the Customer;
technical availability;
acceptance by GTrack;
applicable charges; and
any additional terms communicated to the Customer.

3.4No insurance or recovery service

GTrack is a vehicle tracking and fleet management service provider. GTrack is not:

an insurance company;
a law-enforcement agency;
a vehicle recovery company;
a security guard service; or
a guarantor against theft, loss, accident, misuse or unauthorised movement.

The Customer is strongly advised to maintain appropriate vehicle, cargo and liability insurance.

Equipment Supply and Ownership

4.1Purchased Equipment

Where the Customer purchases the Equipment and pays the full agreed price, ownership of the Equipment shall pass to the Customer after full payment, unless otherwise stated in writing.

Transfer of ownership does not transfer ownership of GTrack’s software, platform, firmware, intellectual property, SIM, service configuration or proprietary systems.

4.2Rental Equipment

Where the Equipment is supplied on rental, lease, loan or service-inclusive basis:

the Equipment shall remain the property of GTrack or the identified financing party;
the Customer shall keep the Equipment safe and in good condition;
the Customer shall not sell, transfer, pledge, modify or dispose of the Equipment;
GTrack may inspect or recover the Equipment after termination or expiry of the relevant service; and
the Customer shall provide reasonable access for removal of the Equipment.

4.3Financed Equipment

Where Equipment or a Vehicle is financed or leased through a third party, ownership and information-access rights shall be governed by the applicable financing or leasing documents and the Customer’s written authorisations.

GTrack will not act on a request from a financing institution unless it is supported by an applicable agreement, lawful authority or valid Customer authorisation.

4.4SIMs and service components

Unless expressly sold to the Customer, SIM cards, service credentials, firmware, software licences, platform configurations and communication subscriptions shall remain under the control of GTrack or the relevant Carrier.

4.5Stored Equipment

Where Equipment is removed and left in GTrack’s custody, GTrack may hold it for a period communicated to the Customer.

Unless a longer period is agreed, GTrack may cease to be responsible for uncollected Customer-owned Equipment three months after written notice requiring collection. Before disposal or other action, GTrack shall act in accordance with applicable law and any applicable Customer Agreement.

Installation and Removal

5.1Installation authority

The Customer authorises GTrack and its authorised Technicians to install the Equipment in the Vehicle.

Installation may involve reasonable access to the Vehicle’s electrical system, panels, interior, dashboard, wiring or other components.

Any cutting, drilling, welding or permanent modification shall be undertaken only where reasonably necessary and, where material, with the Customer’s approval.

5.2Customer responsibilities before installation

The Customer shall:

provide accurate Vehicle and ownership information;
ensure that it has authority to permit installation;
present the Vehicle at the agreed location and time;
provide safe and reasonable access to the Vehicle;
disclose any relevant electrical or mechanical modifications;
remove valuables where necessary; and
ensure that the Vehicle is in a condition suitable for installation.

5.3Inspection following installation

The Customer or its authorised representative should inspect the Vehicle and installation after completion and record any visible concern before signing the installation or inspection document.

Failure to identify a concealed defect at that stage does not remove rights available under the applicable warranty or law.

5.4Installation by unauthorised persons

GTrack shall not be responsible for damage, interruption, malfunction or loss caused by installation, removal, modification or repair performed by the Customer or a person not authorised by GTrack.

5.5Installation times

Installation dates and times are estimates unless expressly agreed in writing as fixed commitments.

GTrack will use reasonable efforts to meet scheduled appointments but shall not be liable for delay caused by circumstances outside its reasonable control.

5.6Delay caused by the Customer

Where the Customer delays installation for more than 30 days after the first installation under the same order, GTrack may, after reasonable notice:

reschedule the remaining installations;
deliver the remaining Equipment to the Customer;
apply reasonable storage, mobilisation or rescheduling charges; or
treat the supply portion of the order as completed.

5.7Removal, transfer and reinstallation

Removal, transfer or reinstallation of Equipment must be performed by GTrack or an authorised Technician.

Applicable removal, transfer, inspection, repair and reinstallation charges may apply and will be communicated in advance.

Operation of Tracking and Fleet Management Services

6.1Data transmission

The Equipment may periodically transmit information through cellular, internet, GPS, satellite or other communication services to systems operated by or for GTrack.

Transmission frequency may vary depending on:

the selected service package;
device configuration;
ignition or movement status;
network availability;
power availability;
Equipment condition;
system maintenance; and
operational or technical requirements.

6.2Location accuracy

Location and operational information may not always be exact or available in real time.

Accuracy can be affected by tunnels, buildings, weather, terrain, interference, network delay, GPS availability, power interruption, Equipment condition, device configuration or other technical factors.

6.3Reports and alerts

Reports, alerts, estimated arrival times, routes, mileage, speed, distance, geofences and similar outputs are generated from available data and system rules.

They should be treated as operational aids and not as independently certified evidence unless expressly agreed in writing.

6.4Monitoring hours

Any representation that Services are provided “24/7” refers to system availability or monitoring arrangements where included in the service package.

It does not mean that:

every Vehicle is continuously viewed by a human operator;
every alert will be immediately investigated;
all communication networks will remain available; or
every incident will be prevented or resolved.

The level of live monitoring, response and escalation will be determined by the applicable service package or service level agreement.

6.5Anti-jamming features

Anti-jamming or interference-detection features may reduce the impact of certain signal interference or generate alerts when suspected interference is detected.

Such features cannot guarantee uninterrupted operation, successful immobilisation, prevention of theft or recovery of a Vehicle.

6.6Immobilisation

Remote immobilisation or engine-control functions will be used only where:

compatible Equipment is installed;
the function forms part of the Customer’s package;
the Customer has provided the required authority;
use is technically possible;
use is legally permitted; and
GTrack considers that the instruction can be carried out without creating an unreasonable safety risk.

GTrack may refuse or delay an immobilisation instruction where Vehicle status, speed, location, network conditions, identity verification or safety considerations make the instruction unsafe or unreliable.

The Customer accepts that immobilisation may fail, be delayed or be unavailable because of network failure, interference, Equipment damage, power disconnection, wiring changes, incorrect installation, Vehicle modification or other technical conditions.

Customer Accounts and Access Credentials

7.1Authorised access

The Customer is responsible for deciding who may access its account and for ensuring that access is limited to Authorised Users.

7.2Credentials

The Customer shall:

keep usernames, passwords, API keys and authentication credentials confidential;
use strong and unique passwords;
not share individual credentials between multiple users;
immediately disable access for persons who no longer require it;
promptly report suspected unauthorised access; and
comply with reasonable security requirements communicated by GTrack.

7.3Activity through Customer accounts

The Customer is responsible for activity performed using its accounts or credentials, except to the extent that the activity resulted from a security failure attributable to GTrack.

7.4Account restrictions

GTrack may temporarily restrict an account where reasonably necessary to:

investigate suspected unauthorised access;
protect Customer Data;
prevent unlawful or abusive use;
respond to a security incident;
comply with legal or regulatory requirements; or
prevent harm to GTrack, the Customer or another person.

Where practicable and legally permitted, GTrack will notify the Customer of the restriction and the steps required for restoration.

Customer Obligations

The Customer shall:

8.1Lawful use

Use the Equipment and Services only for lawful and authorised purposes.

The Customer shall ensure that it has a valid legal, contractual, ownership, employment or other lawful basis to track each Vehicle, driver, employee, contractor, shipment or asset.

8.2Prohibited surveillance

The Customer shall not use the Services for:

stalking;
harassment;
unlawful surveillance;
unauthorised tracking;
monitoring a person without lawful authority;
criminal activity;
violation of privacy rights; or
any purpose prohibited by law.

8.3Accurate information

The Customer shall provide complete, accurate and current information and promptly notify GTrack of changes to:

contact details;
billing details;
Vehicle ownership;
Authorised Users;
nominated representatives;
service instructions; or
any matter affecting the Services.

8.4Equipment protection

The Customer shall not:

tamper with the Equipment;
disconnect its power;
remove or replace a SIM;
modify wiring;
reprogramme the Equipment;
interfere with communication;
permit unauthorised repair or removal; or
take any action likely to damage or impair the Equipment or Services.

8.5Malfunction reporting

The Customer shall promptly notify GTrack where it suspects:

Equipment malfunction;
loss of tracking;
unauthorised removal;
tampering;
account compromise;
incorrect data; or
fraudulent or unlawful use.

8.6Vehicle modifications

The Customer shall notify GTrack before or promptly after any change to the Vehicle that may affect the Equipment, including:

battery replacement;
electrical work;
engine replacement;
gearbox modification;
tyre-size change;
bodywork;
accident repair;
installation of additional electronic equipment; or
transfer of Equipment to another Vehicle.

8.7Cooperation

The Customer shall provide reasonable cooperation, documentation and access required for installation, repair, investigation, regulatory compliance, complaint handling or security incident response.

Acceptable Use

The Customer shall not:

resell or commercially redistribute the Services without written approval;
reverse engineer or attempt to obtain the source code of any GTrack system;
bypass security controls;
probe, scan or test system vulnerabilities without authorisation;
introduce malware, harmful code or automated abuse;
overload or disrupt the platform;
access another customer’s information;
use the Services in violation of intellectual property rights;
use an API outside its agreed scope or rate limits;
alter system-generated records for a fraudulent purpose; or
represent itself as GTrack or as having authority it does not possess.

GTrack may investigate suspected misuse and take proportionate action in accordance with these Terms, the Customer Agreement and Applicable Law.

Charges, Billing and Payment

10.1Written charges

All charges shall be communicated to the Customer in writing through the Customer Agreement, quotation, order confirmation, invoice, tariff schedule or other written communication.

10.2Installation charges

Installation Charges and applicable upfront costs shall be payable before or on the Commencement Date unless otherwise agreed in writing.

10.3Monitoring charges

Monitoring Fees shall be payable in advance on a monthly, quarterly, annual or other agreed basis.

10.4Payment period

Invoices shall be payable by the due date stated on the invoice or in the Customer Agreement.

Where no due date is stated, payment shall be due within 30 days from the invoice date.

10.5Taxes and carrier charges

The Customer shall pay:

Applicable Taxes;
agreed Carrier or connectivity charges;
government duties and levies; and
other properly invoiced charges relating to the Services.

10.6Late payment

Where permitted by the Customer Agreement and Applicable Law, GTrack may apply an agreed late-payment charge or interest to overdue undisputed amounts.

No charge shall be imposed unless it has been disclosed to the Customer in advance.

10.7Reconnection and transfer charges

GTrack may charge reasonable and pre-disclosed fees for:

reconnection;
Equipment transfer;
reinstallation;
out-of-warranty visits;
replacement of damaged Equipment;
change of Vehicle;
additional mobilisation; or
other requested services.

No separate fee shall be charged merely for disconnection unless permitted by the Customer Agreement or Applicable Law.

10.8Deposits

Any refundable security deposit shall be returned within 30 days after expiry or termination, subject to:

return of GTrack-owned Equipment;
settlement of outstanding charges;
adjustment of verified damage or replacement costs; and
any terms stated in the Customer Agreement.

10.9Billing disputes

The Customer should notify GTrack of a billing dispute promptly and provide reasonable supporting details.

The Customer shall continue paying undisputed amounts while the disputed amount is being reviewed.

Tariff Changes

Any change in tariff or recurring Service Charges shall be made in accordance with applicable PTA requirements and the Customer Agreement.

Unless a longer period is required, the Customer shall be given at least seven days’ prior notice through one or more of the following:

personal service;
registered post or courier;
telephone;
email;
invoice or bill;
SMS;
website notice; or
another legally accepted communication method.

Where regulatory approval or notification is required, GTrack shall comply with the applicable PTA process before implementing the change.

Warranty

12.1Equipment warranty

The applicable Equipment warranty period shall be stated in the Customer Agreement, quotation, warranty card or invoice.

12.2Warranty service

During the applicable warranty period, GTrack will repair or replace defective Equipment without labour or Equipment charges where the defect results from ordinary use and is covered by the warranty.

Repair or replacement may be subject to inspection and confirmation of the defect.

12.3Warranty exclusions

The warranty does not cover damage, malfunction or loss caused by:

accident or collision;
fire, flood, water, moisture or other fluid ingress;
theft or vandalism;
lightning, power surge, incorrect voltage or electrical fault;
unauthorised installation, removal, alteration or repair;
tampering, misuse, abuse or negligence;
malicious damage;
failure to follow operating instructions;
Vehicle electrical or mechanical defects;
modifications to the Vehicle;
consumable items;
force majeure events; or
any person not authorised by GTrack.

12.4Inspection and visit charges

Where a service call is made and inspection confirms that the matter is outside warranty, GTrack may charge a reasonable visiting, inspection, repair or replacement fee, provided the applicable fee or basis of calculation is communicated to the Customer.

No visiting charge shall apply during the warranty period where the defect is covered by warranty.

12.5Replacement Equipment

GTrack may fulfil its warranty obligation by repairing the Equipment or replacing it with new, refurbished or functionally equivalent Equipment.

Service Availability and Third-Party Dependencies

13.1Reasonable efforts

GTrack will use reasonable efforts to provide reliable and continuous Services.

However, the Services depend on third-party and environmental systems that are not fully controlled by GTrack.

13.2External dependencies

The Services may be affected by:

mobile network availability;
internet connectivity;
GPS or satellite availability;
power supply;
cloud or data-centre services;
Carrier maintenance;
governmental restrictions;
network congestion;
signal interference;
cybersecurity incidents;
Vehicle location or terrain;
Equipment condition; or
force majeure events.

13.3Planned maintenance

Where reasonably practicable, GTrack will notify Customers in advance of planned maintenance that is expected to cause a material service interruption.

Any advance period required under the Customer Agreement or PTA requirements shall be observed.

13.4Unplanned outage

For a material unplanned interruption, GTrack will use reasonable efforts to:

investigate the interruption;
communicate available information;
provide an estimated restoration time where reasonably possible; and
restore the affected Services.

An estimated restoration time is not a guarantee and may change as further information becomes available.

13.5No liability for Carrier failure

GTrack shall not be responsible for a failure caused solely by a Carrier or external provider outside GTrack’s reasonable control, provided that GTrack takes reasonable steps to manage the dependency and restore the Service.

Privacy and Customer Data

14.1Privacy Policy

GTrack’s collection, use, disclosure, retention and protection of Customer Data are governed by the GTrack Privacy Policy available on its website.

14.2Customer authority

The Customer confirms that it is authorised to provide Customer Data to GTrack and to instruct GTrack to process that data for the purposes of providing the Services.

The Customer is responsible for providing any notices and obtaining any consents required from drivers, employees, contractors, vehicle owners or other persons.

14.3Purpose of processing

GTrack may process Customer Data to:

provide and administer the Services;
monitor Vehicles, shipments or assets;
generate reports and alerts;
perform installation, maintenance and support;
verify service activity;
secure its systems;
investigate incidents;
prevent fraud and misuse;
maintain records;
comply with legal and regulatory requirements; and
improve the reliability and functionality of the Services.

14.4Confidentiality

GTrack and its personnel shall maintain the confidentiality of Customer Data and shall not disclose it to another person except:

with Customer authorisation;
as necessary to provide the Services;
to an authorised service provider subject to confidentiality and security obligations;
where required by Applicable Law, court order or regulatory direction;
to protect the safety, rights or property of GTrack, the Customer or another person; or
as otherwise described in the Privacy Policy.

14.5Legal and regulatory requests

GTrack may disclose information to PTA, law-enforcement agencies, courts or other competent authorities where legally required or properly authorised.

Where legally permitted and reasonably practicable, GTrack may notify the Customer of such a request.

14.6Data ownership

As between GTrack and the Customer:

the Customer retains its rights in Customer Data; and
GTrack retains ownership of its systems, software, data models, platform, algorithms, templates, configurations, documentation and intellectual property.

GTrack may use anonymised or aggregated information that does not reasonably identify the Customer, a Vehicle or an individual for service improvement, capacity planning, security analysis and statistical purposes.

14.7Data retention

Customer Data shall be retained in accordance with:

the Customer Agreement;
GTrack’s retention policies;
operational requirements;
Applicable Law;
PTA requirements; and
legitimate recordkeeping and dispute-resolution needs.

Expiry or termination does not require immediate deletion where retention is legally required or reasonably necessary.

14.8Data correction

The Customer should notify GTrack where account or Customer Data is inaccurate.

GTrack will take reasonable steps to correct data within its control but cannot guarantee correction of historical data generated from inaccurate Customer inputs or Equipment readings.

Cybersecurity

15.1Security programme

GTrack shall maintain reasonable administrative, technical and physical safeguards designed to protect its systems and Customer Data against unauthorised access, misuse, alteration, loss, disclosure or destruction.

Such safeguards may include:

access controls;
authentication requirements;
password controls;
security logging;
system monitoring;
backups;
malware protection;
vulnerability management;
incident response procedures;
personnel controls;
third-party security requirements; and
business continuity arrangements.

15.2Regulatory compliance

GTrack shall maintain cybersecurity arrangements designed to support compliance with applicable PTA licence conditions and applicable PTA cybersecurity requirements.

No wording in these Terms represents that GTrack holds a certification unless that certification has been expressly confirmed in writing.

15.3Security incidents

Where GTrack confirms a security incident materially affecting Customer Data or the Services, GTrack shall:

take reasonable steps to contain and investigate the incident;
implement appropriate corrective measures;
maintain relevant incident records; and
notify the Customer or competent authority where required by Applicable Law, regulatory requirements or the Customer Agreement.

15.4Customer security responsibilities

The Customer shall maintain appropriate security over:

its devices and computers;
its network;
its Authorised Users;
passwords and API credentials;
exported reports;
downloaded Customer Data; and
third-party integrations controlled by the Customer.

15.5No absolute security guarantee

No information system can be guaranteed to be completely secure.

GTrack does not warrant that unauthorised access, cyberattack or data loss can never occur, but it shall maintain and apply reasonable controls consistent with its legal, contractual and regulatory obligations.

Third-Party Providers and Subcontractors

GTrack may use Carriers, technology providers, cloud or hosting providers, installation partners, support providers and other subcontractors in providing the Services.

GTrack shall remain responsible for managing its contracted service providers in accordance with applicable contractual and regulatory obligations.

Where a third party processes Customer Data on behalf of GTrack, GTrack shall require appropriate confidentiality, security and service obligations.

The Customer may not assign or subcontract its rights or obligations under the Agreement without GTrack’s written consent.

A merger, acquisition, restructuring, partnership or change in ownership of GTrack shall not by itself terminate the Agreement, subject to Applicable Law and any required regulatory approval.

Intellectual Property

17.1GTrack property

All rights in the following remain vested in GTrack or its licensors:

software;
source code;
object code;
applications;
web portals;
APIs;
dashboards;
databases and database structures;
reports and report designs;
trademarks and logos;
documentation;
firmware;
workflows;
system configurations;
algorithms; and
other proprietary materials.

17.2Limited right of use

Subject to payment and compliance with the Agreement, GTrack grants the Customer a limited, non-exclusive, non-transferable and revocable right to use the applicable Services during the agreed service period for its internal lawful purposes.

17.3Restrictions

The Customer shall not copy, modify, sell, sublicense, reverse engineer, distribute or commercially exploit GTrack’s intellectual property except with prior written approval or where expressly permitted by law.

Suspension and Disconnection

18.1Grounds

GTrack may suspend or disconnect an affected Service where:

undisputed charges remain unpaid;
the Customer materially breaches the Agreement;
Equipment or Services are used unlawfully or fraudulently;
use creates a security, safety or operational risk;
continued service would violate Applicable Law or a regulatory direction;
the Customer tampers with or misuses the Equipment;
false or misleading information has been provided;
continued service is technically impractical; or
suspension is otherwise permitted under the Customer Agreement.

18.2Prior notice

Except in an emergency, fraud, security incident, legal prohibition or immediate safety risk, GTrack shall give the Customer the notice required under the signed Customer Agreement and applicable PTA requirements.

Where the PTA-approved Customer Agreement requires 15 days’ notice, GTrack shall provide at least 15 days’ prior notice.

The notice shall state:

the reason for the proposed suspension or disconnection;
the affected Service;
the steps required to avoid suspension or disconnection; and
the proposed effective date.

18.3Notice methods

Notice may be given through:

personal service;
registered post or courier;
telephone;
email;
invoice;
SMS; or
another agreed or legally accepted method.

18.4Separate services

A Service for which the Customer has paid all applicable dues shall not be suspended merely because the Customer is in default in relation to a separate Service, unless the services are technically inseparable or the Agreement provides otherwise in accordance with Applicable Law.

18.5Restoration

Where the Customer completes all required remedial steps, GTrack shall use reasonable efforts to restore the suspended Service within 24 hours, subject to:

receipt and verification of payment;
technical availability;
network availability;
completion of required inspection or repair; and
removal of the cause of suspension.

18.6Emergency communications

Any requirement relating to access to emergency telephone numbers shall apply only where GTrack itself provides a regulated voice or communication service capable of supporting emergency calling.

Vehicle tracking Services do not provide a substitute for public emergency telephone services.

Term and Termination

19.1Initial Term

The Agreement shall commence on the Commencement Date and continue for the Initial Term stated in the signed Customer Agreement.

Unless otherwise agreed, renewal shall take place by mutual written consent.

19.2Customer termination

The Customer may terminate the Agreement by giving the notice stated in the signed Customer Agreement.

Where that agreement requires two months’ notice, the Customer must provide at least two months’ written notice.

19.3GTrack termination

GTrack may terminate the Agreement by giving the required prior notice where:

the Customer commits a material breach and fails to remedy it;
charges remain unpaid for the period specified in the Customer Agreement;
the Customer repeatedly misuses or tampers with the Equipment;
the Vehicle is modified so that continued service is impractical;
the Customer uses the Services unlawfully;
continued provision is prohibited by law or regulatory direction; or
GTrack is otherwise entitled to terminate under the Agreement.

19.4Service withdrawal

Where GTrack proposes to withdraw a regulated Service generally, it shall comply with applicable PTA approval and notice requirements.

Where the Customer Agreement requires PTA approval and 90 days’ prior notice, that requirement shall be observed.

19.5Consequences of termination

On termination:

access to the Services may end;
outstanding charges become payable;
GTrack-owned Equipment must be returned or made available for removal;
Customer-owned Equipment may remain with the Customer;
applicable removal or restoration charges may be payable;
GTrack may retain records as required by law or policy; and
clauses intended to survive termination shall remain effective.

Theft, Snatching and Recovery Assistance

Where a Vehicle is reported stolen or snatched, GTrack will use reasonable efforts within the scope of the Customer’s service package to provide available tracking information and reasonable cooperation.

Assistance may include:

reviewing available location information;
escalating the event internally;
providing available information to the Customer;
cooperating with authorised law-enforcement representatives; or
issuing an immobilisation instruction where authorised, technically available and reasonably safe.

GTrack does not guarantee:

prevention of theft;
continuous tracking after theft;
successful immobilisation;
identification or arrest of an offender;
recovery of the Vehicle or cargo; or
prevention of damage or loss.

Any free replacement or compensation shall apply only where expressly stated in the signed Customer Agreement or separately approved in writing.

Limitation of Liability

21.1Matters outside GTrack’s control

To the extent permitted by law, GTrack shall not be liable for loss caused by:

Carrier or network failure outside its reasonable control;
GPS or satellite unavailability;
Vehicle power failure;
Equipment tampering;
unauthorised removal;
jamming or interference;
Customer misuse;
inaccurate Customer information;
Vehicle accident;
theft or criminal activity;
force majeure;
lawful governmental or regulatory action; or
failure of a third-party system controlled by the Customer.

21.2Indirect loss

To the extent permitted by law, GTrack shall not be liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, business opportunity, reputation or anticipated savings.

21.3Direct liability

Any limitation or cap on GTrack’s direct financial liability shall be the amount stated in the signed Customer Agreement.

Where no cap is stated, liability shall be determined in accordance with Applicable Law and the nature of the relevant breach.

21.4Non-excludable liability

Nothing in these Terms excludes or limits liability that cannot legally be excluded, including liability arising from fraud, wilful misconduct or any other liability that Applicable Law does not permit a party to exclude.

21.5No guarantee of operational outcomes

The Customer remains responsible for decisions made using reports, alerts, routes, verification material or location information.

The Services assist operational management but do not replace the Customer’s own supervision, security, safety, insurance, driver management or internal controls.

Customer Indemnity

To the extent permitted by law, the Customer shall indemnify GTrack against third-party claims, losses and reasonable costs arising from:

unlawful or unauthorised tracking instructed by the Customer;
Customer misuse of the Services;
breach of privacy or employment obligations by the Customer;
unauthorised access caused by the Customer’s failure to secure credentials;
Customer alteration or tampering with Equipment;
infringement caused by content or data supplied by the Customer; or
breach of the Agreement by the Customer.

This indemnity shall not apply to the extent that a claim resulted from GTrack’s negligence, breach, wilful misconduct or failure to comply with Applicable Law.

Force Majeure

Neither party shall be liable for delay or failure caused by circumstances beyond its reasonable control, including:

natural disaster;
flood, earthquake, fire or severe weather;
epidemic or pandemic;
war, terrorism or civil disturbance;
strike or industrial action;
governmental restriction;
regulatory action;
power-grid failure;
telecommunications or internet outage;
GPS or satellite interruption;
cyberattack despite reasonable safeguards;
transport disruption; or
failure of an essential supplier outside reasonable control.

The affected party shall take reasonable steps to reduce the impact and resume performance.

Payment obligations for Services already properly provided are not excused by force majeure.

Complaints

24.1Initial complaint

A Customer may submit a complaint through GTrack's designated telephone number, email address, service centre, website or other notified channel.

Customer Support Email:complaints@gtrack.com.pk

Telephone: +92(0)300 8681912, +92(0)302 8681912, +92(0)42 37184104

Office Address: 200-S, Imperial Garden, Paragon City, Barki Road, Lahore

24.2Complaint response

GTrack shall acknowledge or address a Consumer complaint within the period required under the Customer Agreement and applicable PTA requirements.

Where the PTA-approved Customer Agreement requires an initial response within 48 hours, GTrack shall follow that period.

24.3Written escalation

Where the matter is not resolved, the Customer may submit a written complaint with:

Customer name;
contact information;
Vehicle or account details;
description of the matter;
relevant dates;
supporting records; and
the remedy requested.

GTrack shall investigate and seek to resolve the written complaint within the period required by the applicable Customer Agreement.

Where the approved agreement specifies three working days, that period shall apply.

24.4PTA escalation

Where a Consumer remains dissatisfied after using GTrack’s complaint process, the Consumer may refer the matter to the Pakistan Telecommunication Authority through PTA’s then-current complaint channels.

Customers should use the complaint portal, contact details and procedures published by PTA at the time the complaint is submitted.

Dispute Resolution

The parties shall first attempt in good faith to resolve any dispute through discussion and the complaint process.

Where a dispute is not resolved amicably, it may be referred to arbitration if required by the signed Customer Agreement.

Unless otherwise agreed:

one arbitrator shall be appointed by mutual agreement;
the arbitration shall take place in Pakistan;
the proceedings shall be conducted in English or another mutually agreed language;
the arbitrator’s award shall be binding, subject to Applicable Law; and
either party may seek urgent interim relief from a competent court.

Nothing in this clause prevents a Consumer from submitting a complaint to PTA or another competent regulatory or legal authority.

Governing Law and Jurisdiction

The Agreement shall be governed by the laws of Pakistan.

Subject to the dispute-resolution provisions of the signed Customer Agreement, the courts of competent jurisdiction in Pakistan shall have jurisdiction over disputes arising from the Agreement.

Confidentiality

Each party shall keep confidential the other party’s non-public commercial, operational, technical and security information.

Confidential information may be disclosed:

to personnel and professional advisers who need it and are bound by confidentiality;
to contracted service providers where necessary;
with the other party’s approval;
where it is already lawfully public;
where independently developed without use of confidential information; or
where disclosure is required by law or competent authority.

Confidentiality obligations shall survive expiry or termination.

Amendments

28.1Signed Customer Agreement

Any amendment to a signed Customer Agreement must be made in writing and accepted by the parties.

Where prior PTA approval or notification is required, the amendment shall not take effect until the applicable regulatory requirement has been completed.

28.2Website Terms

GTrack may update these website Terms and Conditions to reflect:

changes in law or PTA requirements;
security requirements;
changes in technology;
new or modified Services;
operational improvements; or
correction of errors.

A website update shall not retrospectively remove a material right contained in an existing signed Customer Agreement.

Material changes affecting an existing Customer shall be notified in accordance with the Agreement and Applicable Law.

Notices

A notice under the Agreement may be delivered by:

personal delivery;
registered post;
courier;
email;
SMS;
invoice;
service portal notification; or
another method permitted by the Customer Agreement or Applicable Law.

Each party shall keep its notice and contact information current.

A notice shall be treated as received when actual receipt can reasonably be verified, subject to any specific rule in the signed Customer Agreement.

Assignment

The Customer may not assign or transfer the Agreement without GTrack’s prior written approval.

GTrack may assign the Agreement as part of a lawful merger, restructuring, acquisition or transfer of business, subject to:

Applicable Law;
PTA requirements;
continued protection of Customer rights; and
any notice or consent required under the Customer Agreement.

Severability

If any provision is held invalid, illegal or unenforceable, it shall be modified or limited to the minimum extent necessary.

The remaining provisions shall continue in effect.

The invalidity of a provision in one jurisdiction shall not automatically make it invalid in another jurisdiction.

Waiver

A delay or failure by either party to enforce a right shall not constitute a permanent waiver of that right.

A waiver is effective only where clearly made in writing by an authorised representative.

Entire Agreement

The Agreement constitutes the complete agreement between GTrack and the Customer regarding the applicable Equipment and Services and replaces previous proposals, representations or communications relating to the same subject matter.

Nothing in this clause excludes liability for fraud or a representation that cannot legally be excluded.

Order of Precedence

Where documents forming part of the Agreement conflict, the following order shall apply unless expressly stated otherwise:

applicable law and binding PTA requirements;
the PTA-approved or signed Customer Agreement;
an executed service level agreement or statement of work;
an accepted quotation or order confirmation;
these Terms and Conditions;
the Privacy Policy;
service documentation and user guidance.

A service-specific provision shall prevail over a general provision only for the Service to which it relates.

Contact Information

For service, billing, privacy or contractual enquiries, contact:

GTrack Fleet Management (Pvt.) Ltd.

Registered Office: 200-S, Imperial Garden, Paragon City, Barki Road, Lahore

Customer Support: +92(0)300 8681912, +92(0)300 8681912

Email:info@gtrack.com.pk

Privacy Contact:info@gtrack.com.pk

Website:www.gtrack.com.pk

IMPORTANT NOTICE: GTRACK IS NOT AN INSURANCE COMPANY

GTrack provides vehicle tracking, fleet management and related technology services.

GTrack does not provide insurance and does not guarantee that:

a Vehicle will not be stolen, snatched, damaged or misused;
cargo will remain secure;
an accident will be prevented;
tracking will always remain available;
an immobilisation instruction will always succeed; or
a stolen Vehicle or cargo will be recovered.

Customers should obtain appropriate insurance from a licensed and reputable insurance provider.

Important notice

GTrack is not an insurance company.

GTrack provides vehicle tracking, fleet management and related technology services. Customers should obtain appropriate insurance from a licensed and reputable insurance provider.