IMPORTANT: YOU MUST READ AND AGREE TO THESE MATRIX BLACKBOX LTD PRODUCT TERMS OF SALE (THIS AGREEMENT ) BEFORE PURCHASING THE MATRIX BLACKBOX (THE PRODUCT ) IN ANY WAY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU HAVE NO RIGHT TO USE OUR PRODUCT(S). IF YOU WISH TO RETURN OUR PRODUCT BECAUSE OF ANY PROBLEMS, SUCH RETURNS WILL ONLY BE ACCEPTED BY THE PURCHASE SOURCE IF THE PRODUCT IS IN ITS ORIGINAL PACKAGING WITH ALL PARTS AND MATERIAL INCLUDED.
Use Restrictions :User shall not: (a) distribute, market, resell, transfer, or allow any other individual to use the Product without approval by MATRIX BLACKBOX LTD (b) use the Product in connection with any products or services not supplied or provided by MATRIX BLACKBOX LTD or otherwise approved by MATRIX BLACKBOX LTD-supplied documentation; (c) remove any proprietary notices, labels, or marks on or in the Product; or
(d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Product (including without limitation the Software), except to the limited extent applicable laws specifically prohibit such restriction.
Third Party Products or Services : While You may choose to use the Product in connection with a product or service provided by a third party, MATRIX BLACKBOX LTD is not responsible for and does not endorse any third-party product or service. ANY USE OF THIRD PARTY PRODUCTS OR SERVICES IS SOLELY AT YOUR OWN RISK AND MAY VOID THE LIMITED PRODUCT WARRANTY.
Liability Limitation : TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MATRIX BLACKBOX LTD, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PRODUCT, SOFTWARE OR SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE PRODUCT (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE PRICE PAID BY USER FOR THE PRODUCT (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF MATRIX BLACKBOX LTD HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES, COUNTRIES AND OTHER GOVERNMENTAL AUTHORITIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO USER.
Matrix Blackbox Warranty Covered by MATRIX BLACKBOX LTD
MATRIX BLACKBOX LTD guarantees to you, the original purchaser, that the products which you have purchased directly from MATRIX BLACKBOX LTD, through www.matrixblackbox.com and associated platforms, or from a MATRIX BLACKBOX LTD authorized dealer (the "Product(s)"), are in conformance with the applicable MATRIX BLACKBOX LTD’s specifications current at the time of manufacture for a period of time from the date of purchase of the Product(s) (the Warranty Term ). The Warranty Term starts at the time the Product(s) is first received by the first end-user. The Product may consist of several different parts and each different part may be covered by a different Warranty Term. MATRIX BLACKBOX LTD warrants this Product against any defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser ( the Comprehensive Warranty Period ).
During these Warranty Periods, if a covered defect arises, and you follow the instructions for returning the Product, we will, at our option, either
(i) repair the Product at no charge using either new or refurbished parts,
(ii) replace the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product,
No Matrix Blackbox reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. A replacement product assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.
When a Product is exchanged, any replacement item becomes your property and the replaced item becomes MATRIX BLACKBOX LTD's property. MATRIX BLACKBOX LTD does not issue any monetary refunds of any product bought from us.
WARRANTY ON ASSETS
In regard to warranty on ASSETS, MATRIX BLACKBOX LTD will handle to install the matrix blackbox directly, MATRIX BLACKBOX LTD will abosorb any and all warranties passed on by original warranty provider for the asset owned by user. The buyer must provide proof of ownership and existing warranty on his or her asset prior before installation and extent to which the previous warranty covers. MATRIX BLACKBOX LTD also accept warranty absorption in the event the buyer’s asset is damaged during the installation process and shall replace or repair any and all associated physical damages made in the install process to the asset only. Asset owners however must before hand submit to a physical examination of the asset before hand and must report any and all defects before any installation is carried out. If evidence is found later that the user withheld any information that may result to destruction or damage of asset, MATRIX BLACKBOX LTD will not be held liable and will not cover existing warranty or associated damages. Additionally asset owner must provide identifcation documents such as ID or passport number and photo to be associated as the legal owner(s) of the asset.
PRIMARY EXCLUSIONS & LIMITATIONS
This warranty applies only to genuine MATRIX BLACKBOX LTD Products manufactured by or for MATRIX BLACKBOX LTD and genuine ASSETS manufactured by original manufactureres as a new product and not for refurbished assets bought without warranty. MATRIX BLACKBOX LTD will determine, at its sole discretion, whether a product is a genuine Product. Any genuine Product in which the company(s) logo or any other identifying information, such as a serial or product ID number, has been removed, altered or defaced, is not covered under this warranty. MATRIX BLACKBOX LTD’s responsibility for defects is limited to repair or replacement service as determined by MATRIX BLACKBOX LTD in its sole discretion.
SECONDARY EXCLUSIONS & LIMITATIONS
The Comprehensive Warranty shall only apply to Products that are damaged due to Matrix Blackbox / asset normal use, or are otherwise defective in materials or workmanship as applicable for the relevant Warranty Period. MATRIX BLACKBOX LTD is not responsible for damage arising from failure to follow instructions relating to the Matrix Blackbox / asset’s use. This warranty does not apply to: (a) damage caused by use with unapproved manufacturer’s products; (b) damage caused by accident, abuse, neglect, misuse abrasion, flood, fire, earthquake, liquid exposure (including exposure to solvents, acids, bases, or water), extreme heat, extreme cold or other external causes; (c) damage caused by operating the Matrix Blackbox / asset outside the permitted or intended uses described by Manufacturer; (d) damage caused by service performed by anyone who is not a representative of the Matrix Blackbox / asset manufacturer or otherwise authorized by the Matrix Blackbox / asset’s Manufacturer to service their products; (e) a Product or part that has been modified without the written permission of the Matrix Blackbox / asset’s manufacturer; (f) cosmetic damage, including but not limited to scratches, dents, cracks, breaks, fissures or detachments; (g) diminished performance or failure of any batteries due to normal and/or extended use, unless damage has occurred due to a defect in materials or workmanship; or (h) any non-Matrix Blackbox / asset’s manufacturer’s products, even if packaged or sold with the Matrix Blackbox / asset’s manufacturer’s Products, (i) transport damage (by airlines for example), (j) normal wear and tear, (k) cosmetic damage (such as scratched leather or stained fabric), and (l) direct, consequential or incidental damages related to such a data breach, including damages related to identity theft, theft of payment information, discovery by third parties of identity, location or other personal information, or any other damages related to a breach of data security.
Except as provided in this warranty and to the extent permitted by law, MATRIX BLACKBOX LTD is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory. This includes incidental travel related losses due to Product failure, such as replacement cost of clothing or other valuables, airline or hotel change fees, meals, transportation, or any other incidental costs related to the loss or damage of your Matrix Blackbox / asset in transit. In addition, MATRIX BLACKBOX LTD explicitly waives all liability for loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with your Matrix Blackbox / asset and any failure to maintain the confidentiality of data stored on the Matrix Blackbox / asset. The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Before sending your Matrix blackbox or asset to MATRIX BLACKBOX LTD, you must back up all data present on your devices. MATRIX BLACKBOX LTD is not responsible for any loss of data or information that occurs when processing your warranties. Upon repairing or replacing said Product(s), MATRIX BLACKBOX LTD will ship/send to you the repaired product, replacement product. You will be liable for any additional charges for return requests outside Kenya. If MATRIX BLACKBOX LTD determines that the damage to the Product was not due to a manufacturing or design defect but rather to your own misuse, or the Product is otherwise not covered under this warranty, then you are responsible for the return shipping of the item(s). MATRIX BLACKBOX LTD will promptly inform you if the damaged Product is not covered by this warranty as well as the estimated cost for return shipping & handling. You will then have 30 days to issue payment for return shipping, or the damaged Product will be discarded. All decisions regarding applicability of this warranty are subject to MATRIX BLACKBOX LTD’s sole discretion. All limitations present in this Warranty Agreement are valid unless they violate the laws of your local jurisdiction.
This warranty gives you specific legal rights, and you may also have other rights which vary according to your jurisdiction. All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of the applicable Warranty Period. No warranties, whether express or implied, will apply after the expiration of the Material and Workmanship Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
OBTAINING WARRANTY SERVICE
Please access and review the online help resources at www.matrixblackbox.com before requesting warranty service. If the Product is still not functioning properly after making use of these resources, please contact the MATRIX BLACKBOX LTD’s representatives for the Matrix blackbox project at [email protected] In order to obtain warranty service for any Product, you must first contact MATRIX BLACKBOX LTD by one of the above mentioned methods, and obtain authorization to return the Product and follow return policy.
We hope you love all the items you purchase in association with the Matrix Blackbox project, but if you do not, we understand. You can return any items received through www.matrixblackbox.com, but we have two stipulations:
• Returns must be made within 21 days of customer receipt. After 21 days, we cannot offer you an exchange/replacement.
• Items must be undamaged and have the original packaging including all accessories in order to be eligible for return or exchange.
Please contact [email protected] if you need an exchange. To complete your return, we require a receipt or proof of purchase.
Express delivery using DHL mainly is recommended as it is reliable and has insurance policy to ensure refund if cargo is lost. MATRIX BLACKBOX LTD will attempt to ship again if you are unable to get your order via this way.
Shipping by registered mail (free shipping) takes 21-35 days and has no guarantees as is dependent on the rules/policies in your country and subject to the ethical practices by your country. MATRIX BLACKBOX LTD is not liable for the loss of items using this method of shipping and will not refund any loss or theft via this method of shipping.
SMS charges will be based on the mobile service provider you chose for your SIM card. We do not influence the price for this in anyway. As for email report, we charge a monthly for this to help with server maintenance for you Blackbox. The tracking features will still work even without the online email subscription.
SUBSCRIPTIONS / Annual Maintenance Fees
Sorry, we don’t issue refunds for subscriptions. You must cancel your Matrix Blackbox subscription before it renews each year in order to avoid being charged during your next billing period. Matrix Blackbox subscriptions are prepaid and are non-refundable. It is the customer’s responsibility to cancel their subscription before billing renews. MATRIX BLACKBOX LTD DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS.
Unfortunately, customs fees are subject to the buyer; we will not be able to assist with customs fees. Please check with your customs department prior to purchasing for additional information.
After your return is approved, a refund will be applied to your credit card or original method of payment within 2 weeks.
LATE OR MISSING REFUNDS.
Please contact your bank and then credit card company if your refund has not been posted after a week. It may take some time before your refund is officially posted.
If they can't help you, please contact us at [email protected]
If approved, sale items will be refunded at sale price.
We accept exchanges of undamaged items within 21 days of the customer's receipt. Customer must pay additional shipping and handling charges. Please send us an email at [email protected], and we will provide you with a return address. Please do not ship items back unannounced, we may not be able to refund your purchase if you do.
Apologies, but we are a small company and cannot afford to refund your shipping costs. You will have to pay for the shipping cost of returning the item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
MATRIX BLACKBOX LTD reserves the right to deny refunds for a returned item that does not comply with this policy.
DATA CONTROLLER. The owner and data controller of your personal information collected, processed, used and stored by the Services and/or the Matrix Blackbox
device(s) is:MATRIX BLACKBOX LTD’s We can be contacted by email at: [email protected]
LOCATION OF STORAGE AND PROCESSING OF PERSONAL INFORMATION. Your personal information is stored and processed at our servers in the cloud, unless stated otherwise in the rest of this document or website.
PERSONAL INFORMATION THAT WE COLLECT. When you register for our Services we will collect and store certain personal information necessary to set up your account with us, such as your email address when you already have a matrix blackbox device and need to create an account. We may collect your first and last name, home address, and email address with your purchase We will further generate, and store with your account, a unique identifier(s) allocated to each device that will be registered for your account.We will further collect your devices' location information and associate such information with your account with us.In addition, we will share your device's location information with other accounts with whom you shared your device(s).
Whenever you use our Services, we may further collect additional information about your usage of our Services, including by making use of third party web analysis tools, such as your frequency and scope of your use of the Services, Matrix Blackbox advertisements that you view or click on, information about the mobile device on which you have installed the our Apps, and the geographic location of the computer system or device that you are using to log-into our Services. If you decide to interact with a social network when using our Services, we may further collect certain personal information made available through your social network account. We will further collect any personal information you may actively provide to our service personnel if you contact our customer support
hotline through our Website and/or App.
HOW WE USE AND PROCESS YOUR PERSONAL INFORMATION
We will use and process all gathered information to provide you with services, e.g., to help you track and find your devices to remember the previous known locations of your devices, and/or to communicate to you the location of your device(s);In addition, we may use and process your personal information to(1)To provide you with support and handle requests and complaints;(2)To send you updates, notices, and additional information related to the Services;(3)To create anonymous, statistical and aggregated data and reports (4)To comply with any applicable law and assist law enforcement agencies under any applicable law, when we have a good faith belief that our cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;(5) To prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services.
OUR USE AND SHARING OF YOUR DEVICE LOCATION INFORMATION. Any location information we receive about MB device(s) will be stored by us on our cloud server. Such information can be associated by us with the account for which the MB device(s) have been registered (by linking the unique MB device identifier with the account information). However, your location information will be completely anonymous to other users, unless you actively decide to share these data, e.g., by choosing to share access to your Services' account with other people you trust, or by using social networks (see Section "Your Sharing of your Personal Information with Social Networks" below). We will not identify you personally to other users or otherwise make your location information available to any third party in personal identifiable form without your prior consent.
OUR USE AND SHARING OF YOUR PERSONAL INFORMATION. We may share your personal information (including your location information and your MB devices' location information) with our third party service providers or affiliates, as authorized by us to collect, process and use your personal information as data processors on our behalf, such as, for instance, cloud based and hosting services, technical service providers, mail carriers, communication agencies and customer support service providers; these parties may be located in countries outside of your jurisdiction, including but not limited to the KENYA. An updated list of the parties engaged by us for the processing of your personal information may be requested from us at any time. Other than as indicated above, we will not share your personal information with any third parties, unless compelled by law to do so or if you have given your prior consent (for our use of aggregated information, see Section "Our Use and Sharing of Aggregated Information" below).
OUR USE AND SHARING OF AGGREGATED INFORMATION. We use information about our users' website activities and usage of our Services (including location information) in anonymous,
statistical or aggregated form, i.e., in a form that does not enable the identification of a specific user, to properly operate the Services, to improve the quality of the Services, to enhance your
experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes. We also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to our service providers or business partners.
cookies are placed. However, if you choose not to accept cookies, you may not be able to take advantage of some of our features and services through our Services.
CONTROLLING YOUR PERSONAL INFORMATION. You have the right, at any time, to know whether your personal information has been stored and can consult us to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any of your personal information, as well as to oppose their processing for any and all legitimate reasons. Requests should be sent to us at the contact information set out under Section "Data Controller" above. If you request the deletion of your account and your personal information, we will delete such information, however please note we may not delete information from our back-up systems.
OPT-OUT. We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to opt-out (by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications e.g., communications regarding updates to our Terms of Service or information about billing.
INFORMATION SECURITY. We implement commercially reasonable systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access, disclosure, modification or use of information. However, these measures are unable to provide absolute assurance. Therefore, although we take great efforts to protect your personal information, we cannot guarantee and you cannot reasonably expect that our databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.