Terms and Conditions

  • 1. Terms

    • 1.1 "Agreement" - the Agreement made Between the Customer and Cartrack about the product and/or The services specified in the Application Form, whereby the Agreement are subject to Terms and Conditions, as well as the specific period and qualifications that can be applied to the relevant products or services (as specified in the Cartrack quotation) in conjunction with the Application Form and any other attachments.
    • 1.2 "Business days" - any day other than weekends or public holidays in the Kingdom of Thailand
    • 1.3 "Cartrack" - Cartrack Technologies (Thailand) Co., Ltd. and persons appointed by Cartrack to provide services and means to agent employees, subcontractors, service providers, contractors and independent contractors of Cartrack or such appointees.
    • 1.4 "Customer" - The parties to which the details appear in the Application Form and those who have signed them after reading the Terms and Conditions that are binding on the relationship between the parties.
    • 1.5 "Confidential information" - Information that is designated (whether in verbal or written form) to be confidential or of the manner understood by a person that such information must be kept confidential.
    • 1.6 "The term for which the contract is not binding" - refers to the Customer's right to terminate the Agreement in the event of the consequences of direct marketing under consumer law as mentioned in term 3.6.
    • 1.7 "days; weeks; months" - Days, Weeks and Months according to the calendar
    • 1.8 "Direct Marketing" - Refers to where the Customer is presented by Cartrack in a way that is not requested under the conditions of consumer law.
    • 1.9 "Fees" - All fees for services (if any) as specified in the subscription form and monthly advance payment to Cartrack, with other costs that Cartrack is authorized to store in accordance with this Agreement and that have been set aside in the price table.
    • 1.10 "Service Center" - Center where is approved, appointed or assigned from Cartrack for the installation of equipment.
    • 1.11 "Intermediary" - Third parties offered by customers
    • 1.12 "Loss" - Vehicles being robbed and/or stolen In such cases, the customer must notify The Cartrack immediately. In the event that the customer uses SVR.
    • 1.13 "Products" - Equipment and/or additional services provided to customers on the Service Order Form.
    • 1.14 "Party" - Cartrack and Customer or either Cartrack or Customer
    • 1.15 "Price table" - The rate notified for the customer as requested to inform the retail price for services and additional fees, which may be updated from time to time.
    • 1.16 "Standard price" - Amount specified as "Standard purchase price" on the Service Order Form.
    • 1.17 "Service fee" - The amount specified as the "Monthly Service Fee" on the Subscription Form, paid in advance monthly to Cartrack for the duration of the contract.
    • 1.18 "Cross-border service charge fee" - The cost of connecting mobile phone signals incurred when the device is outside the territory of the Kingdom of Thailand.
    • 1.19 "Service" - means any service that Cartrack performs to customers in relation to the management and tracking of vehicle location coordinates ("FMS") and/or stolen vehicle recovery ("SVR") from Cartrack, depending on the product selected by the customer in their Service Order Form.
    • 1.19.1 "FMS" – refers to the services that Cartrack provides to customers through the system on the website the company has provided to the Customer, where the Customer can choose where to inspect the vehicle and receive a report covering the driver's information and driving performance and vehicle. This service is applied for the case that GPS management equipment is installed and within the Territory of the Kingdom of Thailand, except the case there is the service provided to the Customer in the destination country.
    • 1.19.2 "SVR" - means the services that Cartrack operates for the Customer to track and retrieve a hijacked and/or stolen vehicle in accordance with Cartrack standard procedures for vehicle safety after receiving a loss notification from the Customer. This service is only available in the Territory of the Kingdom of Thailand and the countries where Cartrack has branches.
    • 1.21 "Duration" - In the event that the Customer chooses to purchase standard contract service and service contract, which will be from the date of installation until 00:00 on the last day of use of the service as specified in the Services Order Form. The standard period is 36 (thirty-six) months from the date of installation.
    • 1.22 "Territory" - Territory of the Kingdom of Thailand
    • 1.23 "Equipment" - Electronics and accessories to be installed in vehicles by Cartrack's service center for Cartrack to provide services.
    • 1.24 "Vehicles" - any vehicle or other assets of the Customer under this Agreement in which the Equipment is installed, as detailed in the Services Order Form or in this attached annex.

  • 2. Service

    • 2.1 Cartrack's service center will carry out the installation of equipment in the customer's vehicle.
    • 2.2 The Customer confirms to be the legal owner of the vehicle to have GPS installed. In the event that the customer does not own the vehicle, the customer must acquire the consent of the owner of the vehicle to install the equipment in the vehicle.
    • 2.3 In the event that the Customer chooses a device with SVR add-ons with or without FMS service, adhere to the following requirements:
    • 2.3.1 Cartrack will respond to each loss notification and will take reasonable action to return the vehicle. The Customer allows Cartrack to retrieve the vehicle to the Customer and, if necessary, removes the vehicle from the hazardous location after recovery. If Cartrack is responsible for returning the vehicle, it must also do so. The recovery of such vehicles will not be subject to additional costs unless otherwise agreed upon by written or verbal notice to the Customer within the territory and country where The Cartrack has branches. In the event that the Customer requires cross-border recovery, the Customer is responsible for returning the vehicle and paying the fee.
    • 2.3.2 Cartrack does not warrant the SVR add-ons will lead to successful vehicle recovery, and the Customer shall acknowledge that the SVR add-ons is intended only to reduce the risk of loss, but it does not completely deplete such risks.
    • 2.3.3 The Customer shall notify Cartrack as soon as possible in the event of an unintended Stolen Vehicle Recovery service request. ("False request"). The Customer shall be liable for such false request and acknowledge that it may lead to the execution of wrong arrest by the relevant authorities or by Cartrack. The Customer will be liable for all costs incurred and fee for Cartrack in the event of prosecution or damage occured due to the False request.
    • 2.3.4 Depending on driving behavior, vehicle and location Cross-border alerts may be restricted to prevent false notifications.
    • 2.4 In the event that the customer chooses the device that comes with the FMS service. With or without SVR add-ons, adhere to the following requirements:
    • 2.4.1 FMS feature services provided by Cartrack are subject to the limitations of the products selected by the Customer as stated in the Service Order Form and Quotation.
    • 2.4.2 24-hour access guaranteed system for web surveillance and reporting system, creating access accounts and security codes so that customers can access data monitoring and reports as needed.
    • 2.4.3 Customer support services can be used through instruction manuals and customer service contact via phone or email.
    • 2.5 Cartrack provides free testing equipment to customers throughout. 24 (twenty-four) hours
    • 2.6 The Customer accepts responsibility for reasonable inquiries, as well as the purpose of the device, which has the main features specified in the product brochure that the Customer can obtain.

  • 3. Terms and Conditions

    • 3.1 This Agreement shall continue until the end of the contract.
    • 3.2 The Customer (if the Customer is the personal type) may terminate this Agreement in writing or use any form recorded:
    • 3.2.1 When the Contract ends and the Customer has no penalties or other expenses, the Customer is also liable for the money owed in accordance with the terms of the Agreement until the date of termination of the Agreement with Cartrack, or
    • 3.2.2 Upon the termination of this Agreement, for whatever reason, the Customer shall notify Cartrack at least 1 (one) month prior to the intended date of end of the contract. The Customer shall be responsible for the amounts due under this Agreement and according to Term 3.4.
    • 3.3 The Customer (if the Customer is a legal entity) may terminate this Agreement in writing or make a memorandum. Alternate cancellations:
    • 3.3.1 By informing Cartrack in advance 1 (one) Months before the end of the contract period, under the condition that the Customer is also liable for the money owed in accordance with the terms of the agreement until the date on which the agreement was terminated or
    • 3.3.2 Whenever the Customer wishes to terminate the contract, the customer must notify 1 month (one) month in advance, and the customer is responsible for the amount owed under the agreement to the date of business, cancel and comply with Clause 3.4.
    • 3.4 If the Customer terminates the Agreement before it ends, Cartrack may invoke the cost of early termination of the contract. If they are a personal customer by the definition of consumer law, the cost of early termination of the contract is calculated on the remainder of the Service Term as well as any lost or damaged hardware as specified in the Agreement and can be subjected to change. If the Customer does not meet the personal customer definition of the Consumer Law., the cost of early termination of the contract will be the remainder of the Service Term.
    • 3.5 Cartrack may terminate this Agreement within 1 (one) month after notifying the Customer in writing about failure to comply with the Customer's Contract (e.g. failure to pay) or no compliance to the responsibility stated in the contract) unless the Customer has amended the non-compliance with the contract within the specified time.
    • 3.6 If the Customer has entered into the Agreement with Cartrack as a result of direct marketing under the Consumer Protection Act within the period when the contract is not active, the customer may have the right to terminate the agreement within 5 (five) business days. After the contract date, with written notice to Cartrack. If the customer exercises the right to terminate the contract during the non-binding period, Cartrack will process refunded payments under the following conditions:
    • 3.6.1 Within 15 (fifteen) business days If the installation have not completed, or
    • 3.6.2 Within 15 (fifteen) business days after Cartrack receives the installed device back.
    • 3.7 In the event that the Customer finds that the equipment is defective or does not meet the specified standards, the Customer shall return to the installation center or service center assigned by Cartrack the vehicle within 10 (ten) days from the installation date, with Cartrack's responsibility for the Equipment installed in the vehicle inspection cost. If the device is found to be defective, Cartrack will use its discretion to replace the device or terminate the contract.

  • 4. Renewal

    • 4.1 This Agreement shall automatically renew as monlthly service depending on the Service Term agreed upon in article 3. The significant changes that Cartrack has informed (in clause 4.1.1) unless the Customer
      • 4.1.1 notify Cartrack to terminate the contract at the end of the contract under article 3 or
      • 4.1.2 agree to renew the Agreement for a further period of time.

  • 5. Fees

    • 5.1 Price tables, as contained in quotations and updated from time to time, are available to customers and customers can request it.
    • 5.2 The Customer will pay the service fee as specified in the Service Order Form, which may be amended from time to time, as defined in Clause 5. The service fee is prepaid every month by deducting from the Customer's bank account (in the event that the Customer chooses a direct debit payment).
    • 5.3 In the event that the payment date selected by the Customer on the Service Order Form does not match the business day, the Customer agrees that Cartrack may charge the Customer's bank account on the day before the holiday (in case the Customer chooses a direct debit payment).
    • 5.4 In the event that the Customer's debit is bounced for any reason or in any case, Cartrack reserves the right to change the date ordered to debit (in the event that the customer chooses a direct debit payment).
    • 5.5 The customer will pay some specific fee to CARTRACK such as roaming charges within 30 (thirty) day after receiving the invoice, the customer must accept such expenses, it will be treated as the actual expense incurred by the customer and the customer will not withhold the payment for any reason.
    • 5.6 Payment of entrance fees and payment fees (case by case) is due when installing equipment.
    • 5.7 Cartrack may increase the service charge each year at a rate of 10% in 2nd year (two) and 3rd (three). After that, the increment will be at the discretion of CARTRACK and depends on Consumer Price Index base.
    • 5.8 Cartrack will notify the Customer in writing no later than 80 (eighty) days or not less than 40 (forty) days prior to each annual fee increment, specifying the increased amount and effective date.
    • 5.9 The customer agrees that the proportion of fees associated with foreign currency charges may change at CARTRACK's discretion and depenc on the rate and change at any time and/or any price change resulting by a third-party service provider. Therefore, Cartrack must notify customers in writing by 30 (thirty) days when there is change in fee.
    • 5.10 All outstanding amounts under the terms of this Agreement will cost the interest at the highest rate, according to the law from the due date until the payment is completed.
    • 5.11 In the event that the fee is arising out of the Agreement, directly or indirectly, between the Customer and the Intermediary. The intermediary will pay Cartrack and if the intermediary does not pay any fees, the Customer will be responsible for paying such fees and providing clearing in accordance with the Agreement in term 5.2, any outstanding fees and any future fees, as the terms of this Agreement.
    • 5.12 Fees for other services will be charged at the price (excluding VAT) as in following table, which may be increased periodically.

  • 6. Hardware and warranty

    • 6.1 The customer shall use the equipment and services in accordance with Cartrack's instruction specified in the product brochure. The customer shall not remove, modify or change anything about the produce either way.
    • 6.2 If the Customer complies with Agreement 6.1, such equipment and installations will be guaranteed a limited lifetime warranty. Any maintenance and/or repairs must be carried out at the installation center only.
    • 6.3 The risk of loss and damage to all equipment will start from installation date, but CARTRACK will retain ownership of the device. If this contract is terminated in accordance with Article 3 or Article 9, CARTRACK may charge device uninstallation fee, and the customer must take the vehicle to the installation center to remove the device within 5 (five) days.

  • 7. Information stated

    • 7.1 The Customer confirms validity and accuracy of all information on the subscription form or specified in other documents on behalf of the Cartrack Customer.
    • 7.2 The Customer shall notify Cartrack in writing in time or from time to time when there is the change in information in the subscription form, provided via customercare.th@cartrack.com or through the customer service center (accessible on CARTRACK website). The information will be updated within 7 (seven) days after Cartrack is notified.
    • 7.3 The Customer shall provide a legal address on the Subscription Form, where all legal correspondence and notices from Cartrack shall be in accordance with the purpose of this contract. The customer has the rights to change the address by providing the written detail to CARTRACK or customer service center. Cartrack will make such changes within 7 (seven) days of being notified.
    • 7.4 The Customer consents to Cartrack providing personal information to a third-party insurer, including but not limited to the Customer's name and contact number or other information, as required to obtain a reasonable premium on behalf of the Customer. The Customer may cancel the consent whenever the written request is submitted to Cartrack.
    • 7.5 The Client acknowledges and understands that in order to cooperate with the relevant government agencies, Cartrack may disclose all user Information at the request of the government and/or any regulatory authorities, and Cartrack is not responsible for any errors in the customer's information where such information is disclosed.

  • 8. General duties of customers

    • 8.1 The Customer is responsible for contacting the Control Center of Cartrack for testing the Equipment. The Customer must take reasonable steps to ensure that the Equipment is in a condition suitable for use and must report the Equipment defects to Cartrack to proceed the repairing and provide services to customers.
    • 8.2 The Customer must ensure that Cartrack's emergency number +662 136 2929 is kept in sight and contact Cartrack immediately as soon as the loss occurs.
    • 8.3 The Customer is solely responsible and Cartrack shall not be liable for ensuring that the Service complies with all laws relating to its use by the Customer of this Service.

  • 9. Default

    • 9.1 Within 7 (seven) days after written notification of default If a customer (or intermediary on behalf of a customer) fails to make payment due in accordance with the terms of the Agreement or the Customer has violated or abused the Service in the manner of such default, Cartrack may terminate its duties under this Agreement and Cartrack has the right to claim outstanding fees by debiting the Customer's account with an outstanding balance or taking other legal action, including terminating the agreement by imposing a penalty on the consequences of the termination of the contract before the Service Term is finished.

  • 10. Disclaimer

    • 10.1 Cartrack shall not be liable that the service will record all events from the remote service, nor GSM network is constant or not interfere. Cartrack does not warrant that the fleet management system and monitoring system of the vehicle's location via website is no fault or succeeds any specified result or the use of the Service by the Customer will comply with applicable law.

  • 11. Warranty and Certification

    • 11.1 The Customer endorses and warrants that:
      • 11.1.1 The Customer has the rights and authority necessary to enter into this Agreement. The Customer is the lawful owner and/or owner of the vehicle and is authorized to consent to Cartrack providing the services set forth herein.
      • 11.1.2 In the above given information, the Customer is responsible for Cartrack in the event of any claim arisen from third party/parties claiming against Cartrack as a result of the client's breach of his or her representations of his or her rights and authority to enter into a contract.

  • 12. Exclusion of liability

    • 12.1 In addition to any other indemnity contained in this Agreement, Cartrack shall not be liable for any loss or damage arising from Cartrack's actions or negligence, even though Cartrack is negligent. If Cartrack has a legal right in such a contract, the company's responsibility shall be in accordance with Article 12 by having a competent judiciary ordered to be held responsible for any loss or damage to the Customer. Cartrack's liability is limited to 50,000 baht (fifty thousand baht).

  • 13. General

    • 13.1 Cartrack will make reasonable efforts to fulfill its obligations under this Agreement by making the efforts that entrepreneurs should make in an order to comply with generally accepted industry standards. If Cartrack is prohibited or obstructed, either directly or indirectly to fulfill the duties of this contract for any reason beyond its control, Cartrack shall not be liable for any delays or mistakes in fulfilling its duties.
      13.2 In this Agreement, the Customer consents to Cartrack's use of personal data regarding the processing of personal data, usage information, vehicle location, driver behavior, non-personally identifiable information, and other information sent from devices installed in the Customer's vehicle.
      13.3 In the event that the Customer's vehicle is equipped with a continuous transmission device. the Customer as the Data Subject requests the appointment of Cartrack as an agent to inform the relevant authorities to submit the actual timely information to Cartrack's database.
      13.4 For the duration of this Agreement and from the date of termination of this Agreement onwards, each party and its employees and representatives agree not to disclose any confidential information received from the other party to any other person or organization.
      13.5 The Customer cannot modify the terms of this Agreement without Cartrack's written consent. The Company reserves the right to update and/or amend the Terms and Conditions from time to time. The new Terms of Service will appear on the Cartrack website (www.cartrack.co.th) with an effective date, which will not be less than 30 (thirty) days after the first published date. It is the customer's responsibility to visit Cartrack website regularly to check if it is revised and has an effective date.
      13.6 In the event that there are any days or other periods set forth in this Agreement for the provision of services or duties. The date will be calculated, including the first and last day.
      13.7 In the event that Cartrack pursues legal action against the Customer or intermediary for defaulting on the payment under this Agreement, the Customer shall be liable for all costs (at the rate at which the Customer's expenses and the Customer's Attorney's Fees) shall be as determined by the Court if the Court upholds verdict benefiting Cartrack.
      13.8 The nature and amount of liability the Customer has to Cartrack at any given time shall be considered and proved with a document signed by the Manager of The Cartrack which does not require proof of such competence or authority. Such a certificate must be binding on the Customer as a preliminary evidence that the amount specified is due and must be in effect as a document to the Customer in a competent court hearing. If the Customer wishes to dispute such a certificate or its effect, the burden of proof will be on the Customer.
      13.9 Each party may not waive or assign any rights or obligations under this Agreement without the consent of the other party. Consent cannot be delayed for no good reason.
      13.10 Cartrack will endeavour to resolve any dispute quickly and efficiently. The Customer may submit any complaint directly to Office of The Consumer Protection Board if the Customer is not satisfied with the complaint procedure. The client may act in other competent authority.
      13.11 If there is a dispute, whether it is a civil or criminal case, both parties agree to bring the case to a competent court in Bangkok.
      13.12 This Agreement shall be construed in accordance with the Kingdom of Thailand law, and shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Thailand as courts with competent authority.
      13.13 The Customer is responsible for notifying Cartrack is written for 30 (thirty) days in advance in case the Customer no longer wants to be contacted about receiving new add-on products and services.