(Terms of Use)

A) GENERAL

In these conditions:
(i) “we”, “us”, “our” or “FMS” means Falcon Mega Solutions;
(ii) “Goods” means the goods specified or implied in any order placed with us;
(iii) “Services” means the services specified or implied in any order placed with us;
(iv) “you” means the purchaser of the Goods and/or Services;
(v) “the Site” means the website located at www.falconmegasolutions.com and www.falconmegatrack.com or any subsequent URL that may replace it.
(vi) We reserve the right to correct any clerical errors made by our employees at any time.

B) Acceptance of Terms and Condition of Use

These Terms and Conditions of Use (“Terms”) apply to all users of the FMS (Falcon Mega Solutions / Falcon Mega Track) all websites and all product information, resources, software, documents and online services (the “Content”) available to the user on the FMS websites. Certain resources and services that may be made available to you may be subject to additional terms and conditions that will be provided before or at the time of access to these resources and services.

By accessing and/or using this website, you agree to comply with and be bound by the following Terms and Conditions, Disclaimers and Limitations of Liability and the FMS Privacy Policy which shall take effect immediately on your first use of the website.

FMS may update these Terms regularly, and may change the content at any time so you should check these Terms regularly. Your continuing use of our services will be deemed acceptance of the updated or amended Terms.

If you do not agree with any of the following, you must discontinue your use of FMS websites.

C) Terms and Conditions

1) Trademarks

All company, product or service names referenced in our all websites are used for identification purposes only and may be trademarks of their respective owners. The display of trademarks on our all websites does not grant any license or other rights. While FMS’s trademarks may be used only with the permission from FMS.

2) Copyright information

Copyright and all other intellectual property rights in the material contained within our all websites shall remain vested in FMS.

All rights are reserved.

All Content on all our websites including but not limited to text, documents, brochures, design elements, graphics, audio, logos are owned by FMS and third parties. You may not modify, copy, reproduce, republish, distribute, disassemble, commercially exploit or otherwise, use the Content of our all websites in any way in whole or in part except with the prior written permission of FMS.

3) Links to Other Websites

All the FMS websites may contain links to external websites that are not under the control of FMS. These links are provided for your convenience to provide further information. They do not necessarily imply that FMS endorses these external websites or the views expressed within them. FMS disclaims any responsibility for the content and availability of those sites.

4) Unlawful use of the website

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

Our site must not be framed on any other site, nor may you create a link to any part of our site. You must not establish a link to suggest any form of association, approval or endorsement on our part where none exists.

You may not create a link to FMS websites from another website(s) or document without FMS’s prior written consent.

We will take legal action against anyone who attempts to register any domain name using the word Falcon Mega Solutions / Falcon Mega Track / FMS / FMT in it or any domain name likely to be confused with or associated with FMS.

5) Governing law and jurisdiction

FMS’s websites (not including linked third-party websites) are controlled by FMS from its offices. The interpretation, construction, and effect of these Terms and Conditions shall be governed and construed in all respects by the Laws of Pakistan. By using this website, you agree that any dispute of any sort that might arise between you and FMS will be submitted to the exclusive jurisdiction of the Pakistani courts.

The parties shall attempt in good faith to amicably settle any dispute, controversy or claim arising out of or in connection with the conclusion, validity, effect, interpretation, performance, termination or dissolution of this Agreement and/or any non-contractual obligations arising out of or in connection with this Agreement (the “Dispute”).

If the Dispute is not settled amicably within thirty (30) days from the date the Dispute is first notified in writing to the relevant party, such Dispute shall be referred to by any relevant party and finally resolved by arbitration in accordance with the rules of arbitration of the International Chamber of Commerce applicable at the time of conclusion of this Agreement (the “Rules”) by one (1) arbitrator to be appointed in accordance with the Rules.

A party may apply to any competent judicial authority for interim or conservatory relief. The application for such measures or the enforcement of such measures ordered by such judicial authority shall not be deemed an infringement or waiver of the agreement to arbitrate and shall not affect the powers of the arbitrators.

The arbitration proceedings, including all documents, submissions, written and oral evidence, transcripts and correspondence used therein or relating thereto, as well as any order or award issued in connection therewith shall be strictly confidential (“Confidential Arbitration Information”). Notwithstanding this provision, but without prejudice to any other confidentiality obligation which may otherwise be applicable, a party may disclose to a domestic court, for the purposes of setting aside and/or enforcement proceedings pending before such domestic court, any Confidential Arbitration Information, which it deems necessary for the purposes of those proceedings, after seeking an appropriate confidentiality order from such court, if available under applicable laws.

D) Disclaimers and Limitation of Liability

The content of FMS’s all websites is provided by FMS “As is” and on an “As available” basis for your general information only. To the extent permitted by law, neither FMS nor any third party provide any warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

Whilst endeavoring to keep the information up to-date and correct, FMS makes no representations or warranties of any kind, express or implied, about the timeliness, completeness, reliability, suitability or availability concerning all websites or the information, documents, products or services contained on all websites for any purpose.

No advice or content given by FMS, its affiliates or their respective employees shall create any warranty. Neither FMS Nor its affiliates warrant that the content available through this site or on the internet generally will be uninterruptible or error free or that our websites, software or other material accessible from this site is free of viruses or other harmful components.

In no event shall FMS, its employees or agents be liable for any direct, indirect, incidental or consequential damages for loss of profits, fines, penalties, revenue, data, goodwill or use incurred by you or any third party, whether in action in contract, tort or otherwise, arising from access to or use of this website.

FMS reserves the right to make improvements, changes or updates to the websites at any time without notice.

E) Safety Disclaimer

Falcon Mega Solutions (FMS) makes no warranties, representations or guarantees that the products and network services including the navigational charts are suitable for any use in any hazardous environments requiring to fail-safe performance (including without limitation marine safety and distress systems, operation of nuclear facilities, aircraft or ship navigation or communications systems, weapons systems, air traffic control, and life support services) or any other application in which the failure of the products or network services could result in death, personal injury or any other loss.

Solution Providers assume all liability associated with selling any products and network services for any such applications and Solution Provider will defend, indemnify, and hold FMS harmless against any claims against FMS for loss, damage, liability, or expense (including lawyers’ fees) arising out of or related to the sale by Solution Providers or any Solution Provider Reseller, or the user by any end-user, of any product or network service.

Please read all cautions and warnings throughout this document.

F) Safety Precautions

The mobile device must comply with all safety precautions relating to the operation, usage, service and repair of the terminal. FMS assumes no liability for the customer’s failure to comply with any of these precautions.

G) Delivery

Risk in the Goods shall pass to you on delivery of the Goods. The title in the Goods shall remain ours until we have received payment of the price of the Goods and all other charges associated with the delivery of the Goods. After the payment we are still in charge of the Terminal to integrate and control with our system. The Goods shall be delivered to the address specified by you and you shall be ready to receive them at such place when notified by us and any additional expense incurred by us due to you not being ready or not providing suitable collection facilities or any other cause shall forthwith be reimbursed to us.

H) Installation Disclaimer

Falcon Mega Solutions (FMS) recommends that the product be installed by the authorized Service Partner from whom it has been purchased. By carrying out the installation of the product, the installer assumes exclusive responsibility for, and agrees to indemnify FMS from, any loss, any injury or damage of any kind arising from the installation.

I) Installer’s Responsibility

The installer undertakes full responsibility for any injuries, damages, or loss of any kind arising from or related to any negligent or wrongful act, omission or any other way during the installation, operation and maintenance of any FMS product. This includes but is not limited to the actions of the installer and any subcontractors involved in the installation, operation and maintenance process. Regardless of the circumstances, the installer shall bear all liabilities and expenses incurred as a result of such actions or omissions.

In addition to the liability imposed upon the installer on the account of personal or property injury or damage, bodily injury, including death, suffered as a result of the installer’s wrongful or negligent installation of any FMS product, or any other loss, the installer assumes the obligation to defend, indemnify and hold FMS harmless, including its directors, officers, employees, agents and assigns, and to indemnify FMS, including its directors, officers, employees, agents and assigns, from and against any/every loss, damage, expense, liability or payment arising out of or relating to such wrongful or negligent act or omission, including legal and court fees.

The installer also agrees to defend, indemnify and hold FMS harmless, including its directors, officers, employees, agents and assigns, from and against any wrongful or negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the installer for any purpose in connection with the installation of FMS products, and to indemnify FMS, including its directors, officers, employees, agents and assigns, from any/every loss, damage, expense, liability or payment arising out of or relating to such wrongful or negligent act or omission, including legal and court fees.

Every right, defense, and/or indemnity of whatsoever nature applicable to FMS shall also be available and shall extend to benefit and to protect the FMS’s directors, officers, employees, agents and assigns and for such purposes FMS is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of such companies and persons.

J) Limited Liability

Falcon Mega Solutions’ liability is limited to the cost of repair or replacement of any of FMS’s products during the warranty period.

To the maximum extent permitted by applicable law, FMS total liability for damages of any kind, whether based on breach of contract, tort (including negligence), product liability, incidental, special, consequential, indirect or similar damages with product application and usages will be limited to an amount equal to the product’s original price paid by the Purchaser to FMS and this limitation of liability is reasonable given the price of FMS products.

In no event will FMS be liable to the Purchaser, any resellers of the Purchaser or any end-user or any lost profits or savings, lost business, loss of data, fines, penalties, any telecommunications breakdown, unavailability, downtime, interruption or delay, any suspension of service by any third party service provider including satellite service providers or any incidental, special, indirect, or consequential damages, whether based on breach of contract, tort (including negligence), product liability, incidental, special, consequential, indirect or similar damages and whether or not FMS has been advised of the possibility of such occurrence or damage. The parties agree that the foregoing represents a fair allocation of risk hereunder.

K) Use of Software

FMS may make available for download certain software or documentation. All those software & documentation supplied as part of the Goods and Services belong to us and all commercial rights remain with us. You only have a nonexclusive right to use the software as part of your contract with us and in conjunction with any other terms and conditions which apply to that software. You will be liable to us for any loss caused by any attempt to use the software otherwise.

You shall be solely responsible for obtaining all software licenses and consents and for the consequences of any patent, trademark, design, copyright or other infringement of commercial rights resulting from your specification, design or use of the Goods and Services and you shall fully indemnify us in respect of all claims, demands, liabilities, costs, charges and expenses incurred by us as a result of such infringement or alleged infringement.

We cannot be held liable in any way for the failure of the Goods and Services when used with hardware operation systems or software not supplied by us.

We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of FMS Software or to your downloading of any material posted on it, or on any website linked to it.

1) Use of Specific Authorization and Content

To enter parts of certain FMS Websites, FMS may deliver you a login and a password, which may be required as a specific authorizations to log into specific platform of that site. Either as a Service Partner / Distributor / Reseller / end user or any account type your username is associated with, you are responsible for maintaining, where applicable, the confidentiality of specific authorizations, user name and password allowing such access. You, as a Service Partner / Distributor / Reseller / end user or any account type your username is associated with, are fully responsible for activities which occur using that authorizations, user name or password. You, either as a Service Partner / Distributor / Reseller / end user or any account type your username is associated with, must notify us immediately of any unauthorized use of which you become aware and will notify us and change any password or any other authentication material which you believe may have been compromised.

FMS disclaims any responsibility for the results of your use, misuse or fraud with respect to the specific authorization given to you. You may be personally liable in case of loss or damage caused to FMS or to any third party resulting from your negligence in protecting your authorization details, such as your user name or password or authorization code or authentication material.

Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is unlawful and FMS reserves the right to take legal action to restrain or remedy such actions. FMS is entitled to prevent you from using your authorization code, user name or password at any time, in its sole discretion, and without incurring any liability. You promise to indemnify FMS against and hold FMS harmless from any damage or costs arising from or in connection with any violation or breach of the provisions of this section and you promise to reimburse all costs and expenses incurred by FMS in defending any claim, demand, suit or proceeding arising from or in connection with such violation or breach.

FMS is under no obligation to monitor the Content and any other information residing on or transmitted to its servers. However, anyone using an FMS server agrees that FMS may monitor the server contents at any time to comply with any necessary laws, regulations or other governmental requests; to operate the server properly or to protect itself and its users; or perform any other function relating to the provision of services through an FMS website. FMS reserves the right to modify, reject or eliminate any information residing on or transmitted to any of its servers that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions.

2) Storage of Data

You hereby authorize us to process, store and disseminate data received from you in connection with the Services supplied.

3) No Warranty With Software

The contents of the Software are provided “as is” and “as available” without warranty of any kind, whether express or implied. In no event shall FMS be liable for any special, indirect or consequential loss or damages or any loss or damages whatsoever resulting from loss of use, data, revenue or profits, arising out of or in connection with the use or performance of software, provision of or failure to provide services, or information available from the Software. We do not warrant that the information contained on this web Software is complete or timely, or that the Software will be uninterrupted or free of errors and/or viruses.

L) Separability

Each of the clauses of these terms and conditions and every part thereof shall be separate and severable to the intent that if any provision shall be deemed unlawful, void or for any reason unenforceable, this will neither prejudice nor affect the validity or enforceability of the remainder.

M) Activation & Deactivation of Service

FMS is authorized to activate or deactivate the services on written request either from the customer or from the Account Manager via email or any other official communication channel. FMS is not responsible for any damages or losses once the service activation or deactivation request have received.

N) Pricing

All product pricing will be in US dollars. The rates, charges and prices for the Products are exclusive of applicable taxes, assessments, duties, surcharges, or similar charges assessed by any governmental entity for which the Purchaser is liable. FMS may increase the prices at any time upon giving 30 days’ notice to the Purchaser. Such notice of price increase shall not affect any outstanding orders at the time of notification. FMS shall not be liable for any loss, damage, or inconvenience arising from changes in pricing terms, including but not limited to any disruption in service or delay in delivery of products and services. The purchaser agrees to indemnify and hold FMS harmless from any claims, losses, or damages arising from the purchaser’s failure to pay any fees or charges associated with the purchase of any product or services from FMS.

O) Termination

If You fail to take any action that You are required by FMS Systems policy to take in relation to any Free Service or Paid Service or make any payment, when due, for any Paid Service that you have elected to purchase, FMS Systems shall immediately and without notice have the right to terminate Your ability to use the Free or Paid Service at issue. FMS may terminate your use of the Site, Your Account and/or registration for any reason at any time. You understand that termination of this Agreement and your Account may involve deletion of your information from our live databases as well as any content that you uploaded to the Site using such Account. Upon termination of this Agreement in accordance with this Section You shall remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to any Paid Services. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU.

P) Cookies Policy

1) What are cookies?

Cookies are the files containing small amounts of data which are downloaded to the device you use when you visit a website. The Cookies are sent back to the originating website on each visit, or to another website that recognizes that cookie. Cookies do lots of different and useful jobs, such as remembering your preferences, and generally improving your online experience.

Cookies allow web applications to respond to you as a Session cookie which last only for the duration of your visit and are deleted when you close your browser. These facilitate various tasks like; enabling the website to recognize your device so you do not have to give the same information each time you enter the site, recognizing that you may already have given a username and password so you do not need to do it for every web page requested.

2) How we use cookies

FMS does not use cookies on publicly available pages. Cookies are used for secure login to store login details for the current session only.

Our cookies don’t store sensitive information such as your name or address. The cookies that our web site uses simply hold a ’key’ that is associated with your user login information.

3) How to restrict the use of cookies

If you’d prefer to restrict, block or delete cookies from www.falconmegasolutions.com, or any other FMS website, you can use your browser to do this. Each browser is different, so check the ‘Help’ menu of your particular internet browser to learn how to change your cookie preferences.

4) Third Party Cookies

We use a tool called ‘Google Analytics’ to collect information about the use of this site. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site.

We use the information we get from Google Analytics only to improve this site. Google Analytics collects only the information assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information.

Google Analytics plants a cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.

Q) Your Undertakings

You undertake to keep any products and services information (price, content, documentation) which you select in connection with the Goods and Services confidential and only use them in conjunction with the operation of the Goods and Services. You will be liable for any loss caused to us by deliberate or negligent failure to protect such information. We will monitor your use and in such connection will keep a database of your information for our internal records. Where our Goods and Services involve the provision of asset tracking services, you undertake, where you are not the owner of the relevant asset, to obtain the appropriate owner’s consent. You undertake not to use our Goods and Services for any unlawful purposes nor in furtherance of any activity which is, or may be, unlawful.

R) General Provisions

If the performance of this Agreement or any obligation arising hereunder is prevented, restricted or interfered with by reason of any acts of war, insurrection, fire, flood, tornado, natural calamity, strike of other labor activities, shipping or transport delays, material or labor shortage, or because of any law or government regulation, or because of any acts beyond the reasonable control of a party, except payment for any product or service, then that party shall be excused from such performance to the extent of the force majeure.