A) 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, 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 these resources and services.
FMS may change these Terms from time to time and so you should check these Terms regularly. The date on which the Terms were last updated is printed at the bottom of this document. Any changes will take effect from that date. Your continuing use of the all the websites 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.
B) Terms and Conditions
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. in these trademarks. FMS’s trademarks may be used only with 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 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
The FMS all websites contain links to external all 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 may not create a link to FMS websites from another website(s) or document without FMS’s prior written consent.
5) Governing law and jurisdiction
FMS’s websites (not including linked third-party websites) is 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.
C) 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.
FMS makes no warranties or representations of any kind that the services provided by FMS’s all websites will be uninterrupted, error-free or that our websites or the servers that host our websites are free from viruses or other forms of harmful computer code.
In no event shall FMS, its employees or agents be liable for any direct, indirect, incidental or consequential damages for loss of profits, 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.
D) Safety Disclaimer
Falcon Mega Solutions (FMS) makes no warranties, representations or guarantees that the products and network services 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 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 or personal injury.
Solution Providers assume all liability associated with selling any products and network services for any such applications and Solution Provider will defend, indemnify, an 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.
E) 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.
F) Installation Warning
Falcon Mega Solutions (FMS) recommends that this 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 injury or damage of any kind arising from the installation..
G) Installer Responsibility
The installer is responsible for all injuries or damages arising out of or relating to any wrongful or negligent act or omission of the installer (and/or any subcontractors) in connection with the installation of any FMS product, except any such injuries or damages arising solely from a defective FMS product.
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, 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 every 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 every 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.
H) 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, any telecommunications breakdown, unavailability, downtime, interruption or delay, any suspension of service by any third party service provider including Inmarsat 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.
I) Copyright and Legal Notice
Copyright © 2012 Falcon Mega Solutions. All Rights Reserved. Falcon Mega Solutions Limited is a company registered in Pakistan