LMDMax Terms and Condition
1. In these conditions the following expressions shall have the following meanings:
(a) "agreement* means the agreement arising on the acceptance by LMDMax of the Order.
(b) "Order" means the order requesting the supply of fleet inspection, asset tracking, damage tracking, attendance, performance management of drivers, payroll bonus calculations, and feedback for drivers.
(c) "Corporation" means LMDMax.
(d) "Trial Period" means the period during which the services will be made available to the Customer.
2. AGREEMENT TO SUPPLY
2.1 Subject to you complying with these Conditions, LMDMax agrees to ensure that the System will be made available to the Customer during the given period.
2.2 LMDMax reserves the right to vary at any time and without notice the specifications and design of the services and to supply the services as so varied in performance of any order.
2.3 Descriptions and illustrations of, and other information relating to, the supply of the services contained or referred to in any publicity material is for general guidance only; neither they nor any representation made by any of the employees or agents of LMDMax form part of any contract between LMDMax and you except to the extent expressly attached to and made part of the agreement.
3.1 Subject to compliance by you with the Conditions, LMDMax will provide the Customer with access to the app which will enable you to use the services.
3.2 Access to certain pages of the app may be restricted by a username and a password unless otherwise notified by LMDMax.
3.3 Access to the app and your right to use the services is granted in return for your abiding by these Conditions. If you are in breach of these Conditions then LMDMax may immediately on notice either terminate or suspend without liability on its part the use and access by you of the app by invalidating its username and password or any other appropriate means.
3.4 You will not use the LMDMax app for any of the following:
the transmission of any material that is defamatory, offensive, or of an abusive, obscene or menacing character;
to cause anxiety, to annoy, or inconvenience any other person, business, or organization;
to violate or infringe the rights of any person, business, company, or other organization; or
to send any message that might otherwise be unlawful.
3.5 You agree to keep its user name and password in a secure place and not disclose it to any third party. You shall keep LMDMax fully indemnified against all losses, costs, damages, claims, and expenses resulting from any damage (including without limitation any damage caused by any virus or other disruptive software) to the App and/or Services.
4. TERM, BILLING, AND PAYMENT
LMDMax may grant you a limited trial period during which you will receive the Service free of charge. Thereafter, you will be charged a recurring service fee in advance of the applicable Service Period. Your account will be renewed automatically at the end of each Service Period until either you or we explicitly cancel the Service. You will be billed a non-refundable fee in advance of your applicable Service Period. There will be no refunds or credits for partial use of service, upgrade/downgrade refunds, account cancellations, or refunds for months unused with an open account. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment through a card issuer that is found to be valid will be permanently banned from the use of the Service. For any change in your recurring service fee, we will automatically charge your credit card or bank account that you provided or bill you via other payment methods for the new rate on your next billing cycle.
5. LMDMAX LIABILITY
5.1 LMDMax will use reasonable skill and care to ensure that the App and/or Services will comply with its specifications.
5.2 Condition 5.1 represents the full extent of the liability of LMDMax in respect of the supply of the services or other breach of its obligations and is in place of any liability (including liability for negligence other than negligence resulting in death or personal injury) that would otherwise apply by operation of common law, statute or trade usage.
5.3 You are solely responsible for ensuring that the Services and/or App is fit for any particular purpose and is suitable for its needs and no warranty or condition of fitness for any particular purpose is given or is to be implied in these Conditions.
5.4 Notwithstanding anything to the contrary in these Conditions, LMDMax shall not be liable if you suffer any of the following losses:
(a) any loss of data or information
(b) loss of profit or extra expense resulting from fluctuations in prices;
(c) any direct or indirect losses whatsoever;
(d) any loss that is caused by your error or omission
(e) loss of productivity, loss of profit, or any other consequential damage or indirect loss suffered by you.
5.5 LMDMax cannot guarantee that the services and/or app will be uninterrupted and error-free nor that the services and/or app will be provided at a particular speed.
5.6 Except as expressly set out in these terms, all conditions, representations warranties, or other terms or obligations that may be implied or incorporated into the agreement by law or otherwise are expressly excluded to the maximum extent permitted by law.
6. FORCE MAJEURE
LMDMax shall be under no liability for any delay in carrying out, or for the non-performance of, any of its obligations under these Conditions caused by any circumstance (including, but not limited to, war, riot, accident, fire, storm, flood, disputes and supplier or labor shortages) beyond its direct and reasonable control.
7. SUSPENSION OF THE SERVICES
7.1 LMDMax may suspend the provision of the services in whole or in part upon giving notice to you in order to comply with any order, instruction or request of Government, an emergency services organization, or other administrative authority; or in order to carry out upgrades or maintenance of its network.
7.2 LMDMax may suspend the provision of the services in whole or part upon giving you 14 days notice of outstanding payments.
8. DATA PROTECTION
You recognize and accept that LMDMax may record some or all of the data captured by the App and the Services for the purposes of enabling it to monitor, enhance and market the Services and accordingly authorizes LMDMax to pass on such data to third parties provided that your identity is not revealed.
9. CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account. You can cancel your account at any time through the Account Settings screen. All of your information may be immediately deleted by us from the Service (including our secure servers used to store your information) upon cancellation. If you want to preserve your information, you must export your information before canceling your account.
10. TRIAL COMPLETION
On completion of the trial and you do not wish to proceed to full contract you will make available all details of the App for the removal of the services with 14 days of trial end date.