top of page
Terms of Use

THIS DOCUMENT DESCRIBES THE TERMS OF USE THAT APPLY TO OUR WEBSITE AND SERVICES. PLEASE TAKE A FEW MINUTES TO READ THIS DOCUMENT BEFORE ACCESSING AND USING OUR WEBSITE AND SERVICES.

 

General

 

This Website: helitar.com is owned and operated by Alessio Fondacaro (collectively referred to as “We”, “Us” and/or “Helitar”).

 

For the purposes of this document, “You” and/or “Customer” means any individual who may access and/or browse and/or use our Website and Services.

 

Helitar is a brand protected by all copyrights and intellectual property rights under the applicable copyright laws and international treaties.

 

This Website and Services are offered subject to your acceptance of these Terms of Use and our Privacy Policy.

 

These Terms of Use constitute a legally binding agreement between you and us.

 

Please read the definitions applicable to this document in Section 25 set out below. Also carefully read our Privacy Policy, which constitutes an integral part of these Terms of Use.

 

BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE AND OUR SERVICES,INCLUDING THE PURCHASE OF OUR PRODUCTS, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO ALL THE TERMS OF USE UNDER THIS DOCUMENT AS WELL AS OUR PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND/OR OUR PRIVACY POLICY, YOU MUST NOT USE OUR SERVICES AND LEAVE THIS WEBSITE IMMEDIATELY.

 

Our Information

 

Our details are as follows:

 

  • Business name / Brand: Helitar

  • Owner: Alessio Fondacaro

  • Address: Via Armando Diaz 7, Nova Milanese (MB), Italy

  • Email: contact@helitar.com

  • Website: helitar.com

 

Eligibility

 

The use of our Website and Services is strictly available to persons who can enter into legally binding contracts under applicable laws.

 

Only individuals who are above the legal age as prescribed by applicable laws, are eligible to use this Website and Services.

 

Individuals who are below legal age as prescribed by applicable laws (“minors”),  and/or individuals who are legally restricted from entering into binding contracts under law, are not eligible to use this Website and Services.

 

By accessing, browsing, using this Website and Services, you represent and warrant that you hold the legal age of majority, and hold full legal capacity to use this Website and Services in your jurisdiction.

 

Services

 

We are an e-commerce store offering GPS trackers that allows our Customers to quickly find and recover their vehicles in case of theft ("Services").

 

Our Website and Services are aimed exclusively to Customers residing in the United States of America.

 

Through our Website you can easily purchase our Devices, including any other products offered by us ("Products"), which will be delivered to the address provided by you at the time of purchase.

 

We also offer our P3R Guarantee (as described in Section 5 below), for all those who purchase our Devices.

 

To purchase our Products it is not necessary to register on our Website to create a user account. You only need to provide us at the time of purchase with your first name, last name, address, email and your payment method.

 

Also, you may optionally subscribe to our newsletter, for which we will request your email address to register you in our list of subscribers in our Website.

 

P3R Guarantee

 

We provide our P3R Guarantee (Purchase, Rent, Replace and Return Guarantee) to all who purchase our Devices, as part of the Services we offer to our Customers.

*Businesses are subjected to a different offer and they must contact us before the purchase

 

In the event that you cannot find and recover your vehicle or our Devices have a fault or you are not satisfied with them, you can use our P3R Guarantee, as described in this Section.

 

Please note that our Purchase and Rental Benefits under our P3R Guarantee are subject to the following:

 

1  Once you purchase our Devices, you must provide us with the following at the e-mail protectme@helitar.com :

  • Photo of the vehicle you want to protect and track with the device;

  • Photo of your vehicle's number plate; or

  • Write the vehicle brand, model, number plate if you don't feel comfortable providing the images mentioned above; and

  • Your full name;

  • Police report of vehicle theft (in case your vehicle get stolen).

 

2  You expressly agree and acknowledge that in the event that you fail to provide us with the documents referred to in Paragraph 1 above prior to the theft of your vehicle, or in the event that such documents are inaccurate, false, misleading or incomplete, you will not be eligible for our Purchase and Rental Benefits.

 

Purchase Benefit:

 

If your vehicle is stolen and you cannot find and recover it within 30 days of the theft, we will pay you in the amount of USD 2,000.00.

 

In case you have the Plus version, we will pay you the amount of USD 3,000.00.

 

This benefit is subject to the following:

 

1  We will pay this guarantee to our Customers by bank transfer, once they have purchased their new vehicle, after sending us a copy of the vehicle purchase document.

 

2  If our Customers do not have the total amount to pay the price of the new vehicle, we will contact the dealer or the selling company and pay the guarantee directly to such company by bank transfer.

 

We may also, at our sole discretion, agree to another form of payment of this benefit on a case-by-case basis.

 

Rent Benefit:

 

In the event of vehicle theft, we also cover the rental of a vehicle for our Customers for 15 days and in the case of the Plus version, for 30 days.

 

This benefit is subject to the following:

 

1  We may use our network of car rental companies to rent the vehicle on behalf of our Customers.

 

2  Our Customers can contact the car rental company of their choice, and we will contact them. In this case, we will pay the car rental directly to those companies on behalf of our Customers.

 

Replacement Benefit

 

We guarantee that our Devices will function properly and will not fail or be damaged for a period of 5 years from the date you receive the Device at the address you provided at the time of purchase. In the event that this does not occur, and any of our Devices fail, malfunction or become damaged and completely inoperable, before the expiration of such period, we will replace such Device free of charge.

 

You expressly agree and acknowledge that this benefit does not apply to the following:

 

1  In the event that our Devices fail or are damaged due to misuse or intentional damage to the Device caused by you or any third party, or in the event of modification or disassembly of the Device by you or any unauthorized third party.

 

2  In case of any minor damage or deterioration of our Devices due to normal use, according to their specifications, which does not affect or prevent their normal operation and use by you (e.g. scratches on their casing and others).

 

Please note that for replacement of a defective or damaged Device under our Guarantee, you must send the Device to the address we will provide to you for pick-up by our carrier. Otherwise you will not be able to take advantage of our Guarantee.

 

We reserve the right to review and evaluate, at our sole discretion and on a case-by-case basis, all Devices returned by our Customers due to failure, malfunction or total damage, and to approve or reject any request for replacement under our Guarantee.

 

Return Benefit

 

We allow our Customers to return our Devices, if they are not satisfied with them, in accordance with the provisions of this Section.

 

Our returns conditions are as follows:

 

1  We only will receive the returned Device within 6 months following the date of delivery of the Device.

 

2  The package must include all the Devices and any other products provided at the moment of the purchase.

 

3  The returned Device must be undamaged and unmodified, fully operational, in its original packaging, with tags still attached and in a condition that allows us to sell the product as new.

 

4  For the return of the Product, you may choose between the following options

 

4.1  Our carrier picks up the Product at your home address; or

 

4.2  Drop the Product to us at the address we will provide to you for pick up by our carrier.

 

We will give you a refund for the full price of any Device properly returned by you in accordance with this Section. However the original delivery charges and  return costs are excluded.

 

Once we receive the returned Product, we will process the refund to you as soon as possible and, in any event, within 10 business days following the day we approve your return request. The refund will be credited to your original payment method. However, refund time may vary depending on your payment method.

 

Terms and Conditions of Purchase

 

The purchase of all our Products is subject to the following terms and conditions:

 

1  All purchases made through this Website are subject to our acceptance. Therefore we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. 

 

2  The prices of our Products are accurately and clearly displayed on our Website.

 

3  The price to pay for the purchase of our Products will be the one shown on the Website and in United States Dollars (USD). Prices stated on the Website apply to all purchases made through our Website. All prices are inclusive of VAT at the checkout. Delivery costs are charged in addition and are clearly displayed during the checkout process.

 

4  We reserve the right without prior notice to discontinue or change the prices on Products offered on our Website without incurring any obligation to you. Prices and availability are subject to change without prior notice, and we reserve the right to revoke any offer to correct any errors, inaccuracies, or omissions.

 

5  We do not allow purchases from distributors, wholesalers or others who intend to resell our Products.

 

6  We reserve the right, at our sole discretion, to limit the quantity of Products selected per Customer. We will notify you in the event such limits may be applied.

 

7  You accept and acknowledge that your use of our Website and Services may result in charges for purchases made through our Website ("Fees"). Fees may include shipping charges, applicable taxes, as required by law, among others. Fees paid by you are final and non-refundable, unless we, in our sole discretion, determine otherwise. Fees may be changed from time to time by us without prior notice.

 

8  By purchasing our Products you represent and warrant that you will use our Products in accordance with the instructions attached thereto and that you will not use any of our Products for any harmful, illegal, nefarious or prohibited purpose.

 

9  By purchasing our Products, you expressly state that you have carefully read, understand and accept all provisions set forth in this Section 6 and all other Sections of these Terms of Use; and that you have not violated any applicable law or regulation.

 

Purchase Process

.

To purchase our Products, you must place the order through our Website and then pay the price shown in the description (including all applicable Fees) through your chosen Payment Method.

 

During the purchase process, you will need to provide us with the following:

 

  • Name;

  • Last name;

  • Address;

  • Email address; and

  • Payment Method.

 

Once you have reached the final billing page and submitted the order, such amount will be charged to the Payment Method provided by you for that specific order. When any online payment transaction is carried out, you will receive our order acknowledgment by email upon payment authorization by the bank or issuing provider.

 

Upon payment by you, we will issue and send you a pre-shipment invoice to your email address  Each pre-shipment invoice will include: description of the Product(s); price; applicable Fees, and the total price.

 

Please keep in mind that when you provide your personal information to us by filling out the form available in our Website, you are willingly giving your express consent for the use of your personal information by us when processing the purchase of our Products. For more details please see our Privacy Policy.

 

You represent and warrant that all information provided by you during the purchase process is accurate, true and correct and that you are not violating any law or regulation.

 

We reserve the right to put on hold or cancel any purchase if your Payment Method is refused or declined by the bank or issuing provider for any reason. You are responsible for providing a secondary valid Payment Method that enables us to process the purchase.

 

Payment Methods

 

We accept the following payment methods:

 

  • Credit Card.

  • PayPal.

  • Apple Pay.

  • [Other].

 

Please note that we will not accept cash or checks.

 

We do not store your Payment Method information on our Website. All payment details entered through this Website are encrypted when you enter them. All  online communications between us and our payment service providers are also encrypted.

 

The Payment Method provided by you during the purchase process should be legitimate, valid and accurate, and you should only use a Payment Method legally owned by you.

 

We will not be liable for any Payment Method fraud resulting from inaccurate, incorrect, or unlawful information provided by you. Any liability arising from fraudulent acts to any Payment Method by you, as any responsibility to prove otherwise shall be exclusively on you.

 

Delivery Policy

 

Your delivery order will only be processed during business days. We do not ship during holidays or non business days.

 

We deliver to all cities in the United States of America. Orders for  delivery will be delivered within 3-5 working days, within the hours set forth by our delivery service provider. Please note that we cannot provide you with the exact day of your delivery. 

 

Our order process encompasses payment checking, Product preparation, and transporting your package to our preferred shipping company. Please keep in mind that your order will be shipped to you when we do not encounter any problem in regards to your payment process.

 

It is your duty to make sure that all shipping details (e.g. name, last name, address, etc) are correct and complete. We are not responsible for any delay caused by wrong address and/or no recipient at the intended address and/or when the recipient refuses to accept the package.

 

We will not be held responsible for any Products’ loss or damage after the package has been delivered and received by the recipient at the address provided by you.

 

It is your duty to cover any additional shipping fees for the returned package due to any information provided by you that is not accurate, or is mistaken.

 

We also will meet our obligation of free shipping for any shipping mistakes caused by us.

 

In the event that you and/or the recipient choose to refuse the delivery, you will be bound to pay all the shipping charges in order to return the Product to us.

 

10  Cancellation Policy

 

You may only cancel an order before the payment process has gone through. However, if for any reason we are unable to fulfill the order, you will receive a cancellation notice by email. If payment has already been applied to the canceled order, we will refund the same amount using the same method used when making the payment.

 

We have the right to cancel a purchase order for rejection of the Payment Method.

 

You accept and acknowledge that, in the event that we  determine that you have breached these Terms of Use, we may cancel any purchase made by you on our Website, and that in such case we will not be liable to you, or to any third party for said cancellation.

 

11  Emails and Newsletters

 

We send emails and newsletters to our Customers, from time to time, to inform them about our Products and important improvements and updates to our Website and Services.

 

You may subscribe to our newsletters through the form available on our Website by providing us with your email address.

 

You may opt out of receiving our emails and newsletters at any time by clicking the unsubscribe option. However, we may send you other emails necessary to operate our Website and Services (e.g. purchase confirmations, pre-invoices, among others) that cannot be disabled by you.

 

By accepting these Terms of Use you expressly agree to receive our emails and newsletters.

 

12  Website Use and Restrictions

 

The use of this Website and Services are subject to the following rules and restrictions:

 

1  You may only use our Website and Services only in accordance with these Terms of Use;

 

2  You must not use our Website and Services for any harmful, illegal, prohibited or nefarious purpose.

 

3  You must not use the Website and Services in violation of any applicable laws and/or regulations.

 

4  You must not misrepresent your identity, age, or any other personal information, including any information about your vehicle(s);

 

5  You must provide us with true, accurate and current information as requested by us to provide you with our Services

 

6  You must not provide us with false, misleading, fraudulent, unlawful, and/or prohibited information; and/or information which you do not own, and/or which belongs to any third party.

 

7  You must not disclose personal, sensitive, private and/or proprietary information to which you do not hold the right to disclose.

 

8  You must not use or attempt to use the Website and/or Services, to:

 

8.1  Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Website and/or  Services.

 

8.2  Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.

 

8.3  Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

 

8.4  Collect or store personal data without the knowledge and express consent of the data subject.

 

8.5  Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Website and/or Services or any property, devices, software, services, networks or data connected to, or inter-operating with the Website and/or Services, or to any Website content or data stored, accessed or delivered through the Website and/or Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, or other information security protections or controls of whatever nature.

 

8.6  Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of any of the Website Services.

 

8.7  Copy or reproduce the Website and/or Services in any manner and/or through reverse engineering and/or disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Website and/or Services, including any related malware signatures and malware detection routines.

 

8.8  Change, modify or otherwise alter the Website and/or Services.

 

8.9  Use the Website and/or Services to provide or build a product or service that competes with our Products and Services.

 

We reserve the right, in our sole discretion, not to sell you our Products or provide you with our Services, for breach of this Section 12 or any other provision of these Terms of Use, and/or for any other reason, without notice or liability.

 

13  Website Maintenance

 

We will do our best efforts to provide and/or make the Website and its Services available uninterruptedly to all of our Customers. However, our Website and/or Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by us and/or by our service providers, and such scheduled maintenance activity may be notified to you through email by us. In addition, our Website and/or Services may be unavailable due to unscheduled emergencies and/or for other causes beyond our reasonable control and for such unscheduled emergencies prior notice shall not be given by us.

 

14  Intellectual Property

 

Each and every intellectual property right and copyright held by us in relation to the Website and its Services, including our Helitar brand and all our Devices and Products, as to any business name, logo, trademark, commercial secrets, patents, inventions, ideas, designs and know-how, including but not limited to any content, text, image, design, photograph, video, audio, graphic, advertising, URLs, domain names, technology, source code, hardware, software, and any other tangible and/or intangible assets, as well as any right or interest derived therefrom, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to us and/or our Website and/or Services and/or Products are exclusive property of, and belong solely to us ("Intellectual Property"), and you expressly accepts that all moral and patrimonial rights to Intellectual Property belong solely and exclusively to us.

 

You must not copy, reproduce, disclose, reverse engineer and/or use in your own benefit or for the benefit of any third parties, in its original or modified, altered, derived form, or in any other way, whether directly or indirectly, any Intellectual Property owned by us.

 

You agree that the use of the Website and/or Services and/or Products, is exclusively limited to the provisions established in these Terms of Use, and that you have no right to claim any right or interest of any kind on the Intellectual Property and/or any other right associated, derived,  or arising from the Intellectual Property owned by us.

 

15  Disclaimer of Warranties and Limitation of Liability

 

15.1  THE WEBSITE AND SERVICES, INCLUDING ANY INFORMATION AND/OR CONTENT ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

 

15.2  WE DO NOT WARRANT AND DISCLAIMS THAT THE WEBSITE AND SERVICES WILL BE AVAILABLE AND/OR PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.

 

15.3  WE DO NOT WARRANT THAT THE WEBSITE AND  SERVICES WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT ANY SERVICE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.

 

15.4  YOU AGREE AND ACKNOWLEDGE THAT YOU PURCHASE THE PRODUCTS AVAILABLE ON OUR WEBSITE AT YOUR OWN CHOICE AND RISK AND THAT YOU HAVE CAREFULLY REVIEWED THE INFORMATION AND DETAILS OF EACH PRODUCT PRIOR TO PLACING YOUR ORDER ON OUR WEBSITE.

 

15.5  WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ALL OR PART OF OUR SERVICES AND/OR PRODUCTS, AT ANY TIME, EITHER TEMPORARILY OR PERMANENTLY, INCLUDING THE AVAILABILITY OF ANY WEBSITE FEATURE, SERVICE, PRODUCT OR CONTENT, WITHOUT PRIOR NOTICE OR LIABILITY.

 

15.6  IF YOU USE ANY OF OUR PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSE, WE WILL NOT BE HELD LIABLE TO YOU FOR ANY LOSS OF BUSINESS, LOSS OF ANTICIPATED PROFIT OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.

 

15.7  WE WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE PRODUCT ONCE THE PACKAGE HAS BEEN DELIVERED AND RECEIVED BY THE RECIPIENT AT THE ADDRESS PROVIDED BY YOU.

 

15.8  YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, AND YOU HOLD US HARMLESS, FOR:

 

15.8.1  ANY NEFARIOUS, ILLEGAL, OR PROHIBITED USE THAT YOU MAKE OF ANY DEVICE OR PRODUCT PURCHASED BY YOU THROUGH OUR WEBSITE;

 

15.8.2  ANY DAMAGE OR LOSS CAUSED TO YOU AND/OR TO ANY THIRD PARTY DUE TO THE INAPPROPRIATE, ILLEGAL OR NEGLIGENT USE OF OUR DEVICES OR PRODUCTS; AND/OR

 

15.8.3  ANY VIOLATION OF THE RIGHT TO PRIVACY AND/OR ANY OTHER RIGHT OF ANY THIRD PARTY THAT YOU INCUR IN USING ANY OF OUR DEVICES OR PRODUCTS.

 

15.9  TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.

 

15.10  WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF THE WEBSITE AND/OR SERVICES, CAUSED BY FORCE MAJEURE OR THIRD PARTIES.

 

15.11  WE WILL BE HELD LIABLE SHOULD WE FAIL TO COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY CAUSING ANY LOSS OR DAMAGE TO YOU THAT WAS FORESEEABLE, AND AS A RESULT OF OUR BREACH. HOWEVER, WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE TO YOU THAT WERE NOT FORESEEABLE. FORESEEABLE LOSS OR DAMAGE WILL BE UNDERSTOOD IF AN EVENT IS OBVIOUS OR ABLE TO BE PREDICTED AT THE TIME YOU USE THE WEBSITE AND SERVICES, AND CAN BE ANTICIPATED BY BOTH WE AND YOU.

 

15.12  THE EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY  CONTAINED IN THESE TERMS OF USE, WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.

 

15.13  THE DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH IN THIS SECTION 15 ON OUR BEHALF INCLUDE ALL OF OUR COMPANIES, AFFILIATES, PARTNERS, OWNERS, SHAREHOLDERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, DIRECTORS, AND ANY OTHER RELATED PERSONS.

 

16  Termination

 

These Terms of Use and our Privacy Policy will immediately terminate upon you breaching any of the obligations in any of these agreements. We reserve the right to any other remedies available under law in the event that you breach any of the obligations under these Terms of Use and our Privacy Policy and adversely affect us in any way.

 

17  Indemnity

 

You expressly agree to indemnify and hold us harmless, including all of our companies, affiliates, partners, owners, shareholders, officers, managers, employees, agents, representatives, directors, and any other related persons against any and all claims brought by any third party for actions arising out of or related to unauthorized use of the Website and/or Services and/or Products including but not limited to any fraudulent and/or illegal activity attempted performed by you that violates or is alleged to violate and/or that we have reason to believe that you violate these Terms of Use and/or our Privacy Policy and/or any applicable law or regulation and/or any rights of any third party.

 

18  Force Majeure

 

If we are prevented from carrying out our obligations under these Terms of Use and/or our Privacy Policy as a result of any cause beyond our reasonable control, including but not limited to unavailability of any communication system, virus attack, breach and/or sabotage in our technological systems, as well as Acts of God, war or other violence, strikes or labor disputes, lock-outs, epidemics or pandemics, lockdown, quarantine measures, floods and failure of service providers, interruptions, loss or malfunctions of utilities, such as electric and/or internet service and others services; just as acts of government, including but not limited to any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency, then in such an event, we shall be relieved from our obligations and liabilities under these Terms of Use and/or our Privacy Policy, as the fulfillment of such obligations is prevented.

 

19  Third-Party Links

 

This Website may include links to third-party websites. The inclusion of any link on the Website does not imply our endorsement or association with those third-party  websites, their content or their operators, and we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, or the quality of the services provided by, available through, or advertised on these third-party websites.

 

You agree and acknowledge that the use of any website controlled, owned or operated by a third party is governed by the terms of use and privacy policies of those websites. You also accept and acknowledge that you access such third-party websites at your own risk.

 

20  Changes to these Terms of Use

 

We may amend these Terms of Use, from time to time, in our sole discretion, by posting a revised version on our  Website, providing notice on the Website. If you do not agree to the changes adopted, then you must stop the access or use of the Website and Services immediately.

 

Any modifications to these Terms of Use will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of our Website and Services after the posting of any change of our Terms of Use indicates that you express your acceptance of such modifications.

 

21  Disputes Resolution

 

In the event of any dispute arising from or relating to these Term of Use and/or our Privacy Policy, including the use of our Website and Services, you must use your best efforts to settle the dispute and resolve the issue in good faith, acknowledging mutual interests of both parties, in attempting to reach a just and equitable solution that may result satisfactory to you and us before initiating any legal proceeding. If such resolution is not reached within a period of thirty (30) continuous days, then, upon notice by either party to the other, such dispute shall be submitted to the exclusive jurisdiction of the Courts referred in Section 22 below.

 

22 Governing Law and Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws in force in Italy, without regard to conflict of laws provisions.

 

You agree to exercise the personal jurisdiction of the Courts located in Rome, Italy.

 

23  Contact Us

 

For any questions, comments, or complaints regarding these Terms of Use, you may address us by sending an email to: contact@helitar.com and that email receipt must be acknowledged by us.

 

24  Miscellaneous

 

24.1  Entirety: These Terms of Use and our Privacy Policy, constitutes the entire agreement between you and us and will supersede and replaces all prior written or oral agreements.

24.2  Assignment: You may not assign your rights or obligations under these Terms of Use and our Privacy Policy without the prior written consent of us. We may assign these Terms of Use and/or our Privacy Policy at any time in our sole discretion without any prior written consent by you.

24.3  Severability: If a court of competent jurisdiction holds any provision of these Terms of Use and/or our Privacy Policy to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of such documents, and they shall continue in full force and effect.

24.4  No Waiver: Our failure to insist upon strict performance of any provision of these Terms of Use and/or our Privacy Policy shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of you in performance or compliance with any obligation on these agreements.

24.5  Interpretation: The headings in these Terms of Use and our Privacy Policy do not affect its interpretation.The use of any gender includes all genders. The singular includes the plural and vice-versa. These Terms of Use and our Privacy Policy, were originally prepared in the English language. Although we may provide one or more translated versions of these agreements for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the provisions of these Terms of Use and our Privacy Policy will be construed as having been drafted jointly by you and us, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of such agreements.

25  Definitions

  • "Device" and/or "Devices" means the GPS trackers with integrated SIM cards offered by us through our Website.

  • "P3R Guarantee" and/or “Guarantee” means our Purchase, Rent, Replacement and Return Guarantee, as described in Section 5 above.

  • "Payment Methods" means the payment methods referred to in Section 8 above.

  • “Privacy Policy” means the document that governs our privacy and data protection practices.

  • "Product" or "Products" means our Devices and any other products offered by us through our Website.

  • “Services” means services as described in Section 4 to this document.

  • “Terms of Use” means this document that governs the use of our Website and Services.

  • “You” and/or “Customer” means any individual who may access and use our Website and Services in accordance with these Terms of Use and our Privacy Policy.

  • "We" and/or "Us" and/or "Helitar" means collectively this Website and Services, owned and operated by Alessio Fondacaro.

  • “Website” means www.helitar.com .

Last Updated: [27/08/2023 day-month-year].

Terms of Use

THIS DOCUMENT DESCRIBES THE TERMS OF USE THAT APPLY TO OUR WEBSITE AND SERVICES. PLEASE TAKE A FEW MINUTES TO READ THIS DOCUMENT BEFORE ACCESSING AND USING OUR WEBSITE AND SERVICES.

 

General

 

This Website: helitar.com is owned and operated by Alessio Fondacaro (collectively referred to as “We”, “Us” and/or “Helitar”).

 

For the purposes of this document, “You” and/or “Customer” means any individual who may access and/or browse and/or use our Website and Services.

 

Helitar is a brand protected by all copyrights and intellectual property rights under the applicable copyright laws and international treaties.

 

This Website and Services are offered subject to your acceptance of these Terms of Use and our Privacy Policy.

 

These Terms of Use constitute a legally binding agreement between you and us.

 

Please read the definitions applicable to this document in Section 25 set out below. Also carefully read our Privacy Policy, which constitutes an integral part of these Terms of Use.

 

BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE AND OUR SERVICES,INCLUDING THE PURCHASE OF OUR PRODUCTS, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO ALL THE TERMS OF USE UNDER THIS DOCUMENT AS WELL AS OUR PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND/OR OUR PRIVACY POLICY, YOU MUST NOT USE OUR SERVICES AND LEAVE THIS WEBSITE IMMEDIATELY.

 

Our Information

 

Our details are as follows:

 

  • Business name / Brand: Helitar

  • Owner: Alessio Fondacaro

  • Address: Via Armando Diaz 7, Nova Milanese (MB), Italy

  • Email: contact@helitar.com

  • Website: helitar.com

 

Eligibility

 

The use of our Website and Services is strictly available to persons who can enter into legally binding contracts under applicable laws.

 

Only individuals who are above the legal age as prescribed by applicable laws, are eligible to use this Website and Services.

 

Individuals who are below legal age as prescribed by applicable laws (“minors”),  and/or individuals who are legally restricted from entering into binding contracts under law, are not eligible to use this Website and Services.

 

By accessing, browsing, using this Website and Services, you represent and warrant that you hold the legal age of majority, and hold full legal capacity to use this Website and Services in your jurisdiction.

 

Services

 

We are an e-commerce store offering GPS trackers (“Devices”) that allows our Customers to quickly find and recover their vehicles in case of theft ("Services").

 

Our Website and Services are aimed exclusively to Customers residing in the United States of America.

 

Through our Website you can easily purchase our Devices, including any other products offered by us ("Products"), which will be delivered to the address provided by you at the time of purchase.

 

We also offer our P3R Guarantee (as described in Section 5 below), for all those who purchase our Devices.

 

To purchase our Products it is not necessary to register on our Website to create a user account. You only need to provide us at the time of purchase with your first name, last name, address, email and your payment method.

 

Also, you may optionally subscribe to our newsletter, for which we will request your email address to register you in our list of subscribers in our Website.

 

P3R Guarantee

 

We provide our P3R Guarantee (Purchase, Rent, Replace and Return Guarantee) to all who purchase our Devices, as part of the Services we offer to our Customers.

*Businesses are subjected to a different offer and they must contact us before the purchase

 

In the event that you cannot find and recover your vehicle or our Devices have a fault or you are not satisfied with them, you can use our P3R Guarantee, as described in this Section.

 

Please note that our Purchase and Rental Benefits under our P3R Guarantee are subject to the following:

 

1  Once you purchase our Devices, you must provide us with the following:

  • Photo of the vehicle you want to protect and track with the device;

  • Photo of your vehicle's number plate; or

  • Write the vehicle brand, model and number plate if you don't feel comfortable providing the images mentioned above; and 

  • Your full name

  • Police report of vehicle theft (in case your vehicle get stolen).

 

2  You expressly agree and acknowledge that in the event that you fail to provide us with the documents referred to in Paragraph 1 above prior to the theft of your vehicle, or in the event that such documents are inaccurate, false, misleading or incomplete, you will not be eligible for our Purchase and Rental Benefits.

 

Purchase Benefit:

 

If your vehicle is stolen and you cannot find and recover it within 30 days of the theft, we will pay you in the amount of USD 2,000.00.

 

In case you have the Plus version, we will pay you the amount of USD 3,000.00.

 

This benefit is subject to the following:

 

1  We will pay this guarantee to our Customers by bank transfer, once they have purchased their new vehicle, after sending us a copy of the vehicle purchase document.

 

2  If our Customers do not have the total amount to pay the price of the new vehicle, we will contact the dealer or the selling company and pay the guarantee directly to such company by bank transfer.

 

We may also, at our sole discretion, agree to another form of payment of this benefit on a case-by-case basis.

 

Rent Benefit:

 

In the event of vehicle theft, we also cover the rental of a vehicle for our Customers for 15 days and in the case of the Plus version, for 30 days.

 

This benefit is subject to the following:

 

1  We may use our network of car rental companies to rent the vehicle on behalf of our Customers.

 

2  Our Customers can contact the car rental company of their choice, and we will contact them. In this case, we will pay the car rental directly to those companies on behalf of our Customers.

 

Replacement Benefit

 

We guarantee that our Devices will function properly and will not fail or be damaged for a period of 5 years from the date you receive the Device at the address you provided at the time of purchase. In the event that this does not occur, and any of our Devices fail, malfunction or become damaged and completely inoperable, before the expiration of such period, we will replace such Device free of charge.

 

You expressly agree and acknowledge that this benefit does not apply to the following:

 

1  In the event that our Devices fail or are damaged due to misuse or intentional damage to the Device caused by you or any third party, or in the event of modification or disassembly of the Device by you or any unauthorized third party.

 

2  In case of any minor damage or deterioration of our Devices due to normal use, according to their specifications, which does not affect or prevent their normal operation and use by you (e.g. scratches on their casing and others).

 

Please note that for replacement of a defective or damaged Device under our Guarantee, you must send the Device to the address we will provide to you for pick-up by our carrier. Otherwise you will not be able to take advantage of our Guarantee.

 

We reserve the right to review and evaluate, at our sole discretion and on a case-by-case basis, all Devices returned by our Customers due to failure, malfunction or total damage, and to approve or reject any request for replacement under our Guarantee.

 

Return Benefit

 

We allow our Customers to return our Devices, if they are not satisfied with them, in accordance with the provisions of this Section.

 

Our returns conditions are as follows:

 

1  We only will receive the returned Device within 6 months following the date of delivery of the Device.

 

2  The package must include all the Devices and any other products provided at the moment of the purchase.

 

3  The returned Device must be undamaged and unmodified, fully operational, in its original packaging, with tags still attached and in a condition that allows us to sell the product as new.

 

4  For the return of the Product, you may choose between the following options

 

4.1  Our carrier picks up the Product at your home address; or

 

4.2  Drop the Product to us at the address we will provide to you for pick up by our carrier.

 

We will give you a refund for the full price of any Device properly returned by you in accordance with this Section. However the original delivery charges and  return costs are excluded.

 

Once we receive the returned Product, we will process the refund to you as soon as possible and, in any event, within 10 business days following the day we approve your return request. The refund will be credited to your original payment method. However, refund time may vary depending on your payment method.

 

Terms and Conditions of Purchase

 

The purchase of all our Products is subject to the following terms and conditions:

 

1  All purchases made through this Website are subject to our acceptance. Therefore we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. 

 

2  The prices of our Products are accurately and clearly displayed on our Website.

 

3  The price to pay for the purchase of our Products will be the one shown on the Website and in United States Dollars (USD). Prices stated on the Website apply to all purchases made through our Website. All prices are inclusive of VAT at the cheackout. Delivery costs are charged in addition and are clearly displayed during the checkout process.

 

4  We reserve the right without prior notice to discontinue or change the prices on Products offered on our Website without incurring any obligation to you. Prices and availability are subject to change without prior notice, and we reserve the right to revoke any offer to correct any errors, inaccuracies, or omissions.

 

5  We do not allow purchases from distributors, wholesalers or others who intend to resell our Products.

 

6  We reserve the right, at our sole discretion, to limit the quantity of Products selected per Customer. We will notify you in the event such limits may be applied.

 

7  You accept and acknowledge that your use of our Website and Services may result in charges for purchases made through our Website ("Fees"). Fees may include shipping charges, applicable taxes, as required by law, among others. Fees paid by you are final and non-refundable, unless we, in our sole discretion, determine otherwise. Fees may be changed from time to time by us without prior notice.

 

8  By purchasing our Products you represent and warrant that you will use our Products in accordance with the instructions attached thereto and that you will not use any of our Products for any harmful, illegal, nefarious or prohibited purpose.

 

9  By purchasing our Products, you expressly state that you have carefully read, understand and accept all provisions set forth in this Section 6 and all other Sections of these Terms of Use; and that you have not violated any applicable law or regulation.

 

Purchase Process

.

To purchase our Products, you must place the order through our Website and then pay the price shown in the description (including all applicable Fees) through your chosen Payment Method.

 

During the purchase process, you will need to provide us with the following:

 

  • Name;

  • Last name;

  • Address;

  • Email address; and

  • Payment Method.

 

Once you have reached the final billing page and submitted the order, such amount will be charged to the Payment Method provided by you for that specific order. When any online payment transaction is carried out, you will receive our order acknowledgment by email upon payment authorization by the bank or issuing provider.

 

Upon payment by you, we will issue and send you a pre-shipment invoice to your email address  Each pre-shipment invoice will include: description of the Product(s); price; applicable Fees, and the total price.

 

Please keep in mind that when you provide your personal information to us by filling out the form available in our Website, you are willingly giving your express consent for the use of your personal information by us when processing the purchase of our Products. For more details please see our Privacy Policy.

 

You represent and warrant that all information provided by you during the purchase process is accurate, true and correct and that you are not violating any law or regulation.

 

We reserve the right to put on hold or cancel any purchase if your Payment Method is refused or declined by the bank or issuing provider for any reason. You are responsible for providing a secondary valid Payment Method that enables us to process the purchase.

 

Payment Methods

 

We accept the following payment methods:

 

  • Credit Card.

  • PayPal.

  • Apple Pay.

  • [Other].

 

Please note that we will not accept cash or checks.

 

We do not store your Payment Method information on our Website. All payment details entered through this Website are encrypted when you enter them. All  online communications between us and our payment service providers are also encrypted.

 

The Payment Method provided by you during the purchase process should be legitimate, valid and accurate, and you should only use a Payment Method legally owned by you.

 

We will not be liable for any Payment Method fraud resulting from inaccurate, incorrect, or unlawful information provided by you. Any liability arising from fraudulent acts to any Payment Method by you, as any responsibility to prove otherwise shall be exclusively on you.

 

Delivery Policy

 

Your delivery order will only be processed during business days. We do not ship during holidays or non business days.

 

We deliver to all cities in the United States of America. Orders for  delivery will be delivered within 3-5 working days, within the hours set forth by our delivery service provider. Please note that we cannot provide you with the exact day of your delivery. 

 

Our order process encompasses payment checking, Product preparation, and transporting your package to our preferred shipping company. Please keep in mind that your order will be shipped to you when we do not encounter any problem in regards to your payment process.

 

It is your duty to make sure that all shipping details (e.g. name, last name, address, etc) are correct and complete. We are not responsible for any delay caused by wrong address and/or no recipient at the intended address and/or when the recipient refuses to accept the package.

 

We will not be held responsible for any Products’ loss or damage after the package has been delivered and received by the recipient at the address provided by you.

 

It is your duty to cover any additional shipping fees for the returned package due to any information provided by you that is not accurate, or is mistaken.

 

We also will meet our obligation of free shipping for any shipping mistakes caused by us.

 

In the event that you and/or the recipient choose to refuse the delivery, you will be bound to pay all the shipping charges in order to return the Product to us.

 

10  Cancellation Policy

 

You may only cancel an order before the payment process has gone through. However, if for any reason we are unable to fulfill the order, you will receive a cancellation notice by email. If payment has already been applied to the canceled order, we will refund the same amount using the same method used when making the payment.

 

We have the right to cancel a purchase order for rejection of the Payment Method.

 

You accept and acknowledge that, in the event that we  determine that you have breached these Terms of Use, we may cancel any purchase made by you on our Website, and that in such case we will not be liable to you, or to any third party for said cancellation.

 

11  Emails and Newsletters

 

We send emails and newsletters to our Customers, from time to time, to inform them about our Products and important improvements and updates to our Website and Services.

 

You may subscribe to our newsletters through the form available on our Website by providing us with your email address.

 

You may opt out of receiving our emails and newsletters at any time by clicking the unsubscribe option. However, we may send you other emails necessary to operate our Website and Services (e.g. purchase confirmations, pre-invoices, among others) that cannot be disabled by you.

 

By accepting these Terms of Use you expressly agree to receive our emails and newsletters.

 

12  Website Use and Restrictions

 

The use of this Website and Services are subject to the following rules and restrictions:

 

1  You may only use our Website and Services only in accordance with these Terms of Use;

 

2  You must not use our Website and Services for any harmful, illegal, prohibited or nefarious purpose.

 

3  You must not use the Website and Services in violation of any applicable laws and/or regulations.

 

4  You must not misrepresent your identity, age, or any other personal information, including any information about your vehicle(s);

 

5  You must provide us with true, accurate and current information as requested by us to provide you with our Services

 

6  You must not provide us with false, misleading, fraudulent, unlawful, and/or prohibited information; and/or information which you do not own, and/or which belongs to any third party.

 

7  You must not disclose personal, sensitive, private and/or proprietary information to which you do not hold the right to disclose.

 

8  You must not use or attempt to use the Website and/or Services, to:

 

8.1  Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Website and/or  Services.

 

8.2  Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.

 

8.3  Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

 

8.4  Collect or store personal data without the knowledge and express consent of the data subject.

 

8.5  Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Website and/or Services or any property, devices, software, services, networks or data connected to, or inter-operating with the Website and/or Services, or to any Website content or data stored, accessed or delivered through the Website and/or Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, or other information security protections or controls of whatever nature.

 

8.6  Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of any of the Website Services.

 

8.7  Copy or reproduce the Website and/or Services in any manner and/or through reverse engineering and/or disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Website and/or Services, including any related malware signatures and malware detection routines.

 

8.8  Change, modify or otherwise alter the Website and/or Services.

 

8.9  Use the Website and/or Services to provide or build a product or service that competes with our Products and Services.

 

We reserve the right, in our sole discretion, not to sell you our Products or provide you with our Services, for breach of this Section 12 or any other provision of these Terms of Use, and/or for any other reason, without notice or liability.

 

13  Website Maintenance

 

We will do our best efforts to provide and/or make the Website and its Services available uninterruptedly to all of our Customers. However, our Website and/or Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by us and/or by our service providers, and such scheduled maintenance activity may be notified to you through email by us. In addition, our Website and/or Services may be unavailable due to unscheduled emergencies and/or for other causes beyond our reasonable control and for such unscheduled emergencies prior notice shall not be given by us.

 

14  Intellectual Property

 

Each and every intellectual property right and copyright held by us in relation to the Website and its Services, including our Helitar brand and all our Devices and Products, as to any business name, logo, trademark, commercial secrets, patents, inventions, ideas, designs and know-how, including but not limited to any content, text, image, design, photograph, video, audio, graphic, advertising, URLs, domain names, technology, source code, hardware, software, and any other tangible and/or intangible assets, as well as any right or interest derived therefrom, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to us and/or our Website and/or Services and/or Products are exclusive property of, and belong solely to us ("Intellectual Property"), and you expressly accepts that all moral and patrimonial rights to Intellectual Property belong solely and exclusively to us.

 

You must not copy, reproduce, disclose, reverse engineer and/or use in your own benefit or for the benefit of any third parties, in its original or modified, altered, derived form, or in any other way, whether directly or indirectly, any Intellectual Property owned by us.

 

You agree that the use of the Website and/or Services and/or Products, is exclusively limited to the provisions established in these Terms of Use, and that you have no right to claim any right or interest of any kind on the Intellectual Property and/or any other right associated, derived,  or arising from the Intellectual Property owned by us.

 

15  Disclaimer of Warranties and Limitation of Liability

 

15.1  THE WEBSITE AND SERVICES, INCLUDING ANY INFORMATION AND/OR CONTENT ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

 

15.2  WE DO NOT WARRANT AND DISCLAIMS THAT THE WEBSITE AND SERVICES WILL BE AVAILABLE AND/OR PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.

 

15.3  WE DO NOT WARRANT THAT THE WEBSITE AND  SERVICES WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT ANY SERVICE WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.

 

15.4  YOU AGREE AND ACKNOWLEDGE THAT YOU PURCHASE THE PRODUCTS AVAILABLE ON OUR WEBSITE AT YOUR OWN CHOICE AND RISK AND THAT YOU HAVE CAREFULLY REVIEWED THE INFORMATION AND DETAILS OF EACH PRODUCT PRIOR TO PLACING YOUR ORDER ON OUR WEBSITE.

 

15.5  WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ALL OR PART OF OUR SERVICES AND/OR PRODUCTS, AT ANY TIME, EITHER TEMPORARILY OR PERMANENTLY, INCLUDING THE AVAILABILITY OF ANY WEBSITE FEATURE, SERVICE, PRODUCT OR CONTENT, WITHOUT PRIOR NOTICE OR LIABILITY.

 

15.6  IF YOU USE ANY OF OUR PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSE, WE WILL NOT BE HELD LIABLE TO YOU FOR ANY LOSS OF BUSINESS, LOSS OF ANTICIPATED PROFIT OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.

 

15.7  WE WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE PRODUCT ONCE THE PACKAGE HAS BEEN DELIVERED AND RECEIVED BY THE RECIPIENT AT THE ADDRESS PROVIDED BY YOU.

 

15.8  YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, AND YOU HOLD US HARMLESS, FOR:

 

15.8.1  ANY NEFARIOUS, ILLEGAL, OR PROHIBITED USE THAT YOU MAKE OF ANY DEVICE OR PRODUCT PURCHASED BY YOU THROUGH OUR WEBSITE;

 

15.8.2  ANY DAMAGE OR LOSS CAUSED TO YOU AND/OR TO ANY THIRD PARTY DUE TO THE INAPPROPRIATE, ILLEGAL OR NEGLIGENT USE OF OUR DEVICES OR PRODUCTS; AND/OR

 

15.8.3  ANY VIOLATION OF THE RIGHT TO PRIVACY AND/OR ANY OTHER RIGHT OF ANY THIRD PARTY THAT YOU INCUR IN USING ANY OF OUR DEVICES OR PRODUCTS.

 

15.9  TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY.

 

15.10  WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, FOR THE SUSPENSION, CANCELLATION, TERMINATION OR DISCONTINUATION OF THE WEBSITE AND/OR SERVICES, CAUSED BY FORCE MAJEURE OR THIRD PARTIES.

 

15.11  WE WILL BE HELD LIABLE SHOULD WE FAIL TO COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY CAUSING ANY LOSS OR DAMAGE TO YOU THAT WAS FORESEEABLE, AND AS A RESULT OF OUR BREACH. HOWEVER, WE WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE TO YOU THAT WERE NOT FORESEEABLE. FORESEEABLE LOSS OR DAMAGE WILL BE UNDERSTOOD IF AN EVENT IS OBVIOUS OR ABLE TO BE PREDICTED AT THE TIME YOU USE THE WEBSITE AND SERVICES, AND CAN BE ANTICIPATED BY BOTH WE AND YOU.

 

15.12  THE EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY  CONTAINED IN THESE TERMS OF USE, WILL NOT LIMIT OR EXCLUDE THEIR POTENTIAL LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.

 

15.13  THE DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH IN THIS SECTION 15 ON OUR BEHALF INCLUDE ALL OF OUR COMPANIES, AFFILIATES, PARTNERS, OWNERS, SHAREHOLDERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, DIRECTORS, AND ANY OTHER RELATED PERSONS.

 

16  Termination

 

These Terms of Use and our Privacy Policy will immediately terminate upon you breaching any of the obligations in any of these agreements. We reserve the right to any other remedies available under law in the event that you breach any of the obligations under these Terms of Use and our Privacy Policy and adversely affect us in any way.

 

17  Indemnity

 

You expressly agree to indemnify and hold us harmless, including all of our companies, affiliates, partners, owners, shareholders, officers, managers, employees, agents, representatives, directors, and any other related persons against any and all claims brought by any third party for actions arising out of or related to unauthorized use of the Website and/or Services and/or Products including but not limited to any fraudulent and/or illegal activity attempted performed by you that violates or is alleged to violate and/or that we have reason to believe that you violate these Terms of Use and/or our Privacy Policy and/or any applicable law or regulation and/or any rights of any third party.

 

18  Force Majeure

 

If we are prevented from carrying out our obligations under these Terms of Use and/or our Privacy Policy as a result of any cause beyond our reasonable control, including but not limited to unavailability of any communication system, virus attack, breach and/or sabotage in our technological systems, as well as Acts of God, war or other violence, strikes or labor disputes, lock-outs, epidemics or pandemics, lockdown, quarantine measures, floods and failure of service providers, interruptions, loss or malfunctions of utilities, such as electric and/or internet service and others services; just as acts of government, including but not limited to any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency, then in such an event, we shall be relieved from our obligations and liabilities under these Terms of Use and/or our Privacy Policy, as the fulfillment of such obligations is prevented.

 

19  Third-Party Links

 

This Website may include links to third-party websites. The inclusion of any link on the Website does not imply our endorsement or association with those third-party  websites, their content or their operators, and we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, or the quality of the services provided by, available through, or advertised on these third-party websites.

 

You agree and acknowledge that the use of any website controlled, owned or operated by a third party is governed by the terms of use and privacy policies of those websites. You also accept and acknowledge that you access such third-party websites at your own risk.

 

20  Changes to these Terms of Use

 

We may amend these Terms of Use, from time to time, in our sole discretion, by posting a revised version on our  Website, providing notice on the Website. If you do not agree to the changes adopted, then you must stop the access or use of the Website and Services immediately.

 

Any modifications to these Terms of Use will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of our Website and Services after the posting of any change of our Terms of Use indicates that you express your acceptance of such modifications.

 

21  Disputes Resolution

 

In the event of any dispute arising from or relating to these Term of Use and/or our Privacy Policy, including the use of our Website and Services, you must use your best efforts to settle the dispute and resolve the issue in good faith, acknowledging mutual interests of both parties, in attempting to reach a just and equitable solution that may result satisfactory to you and us before initiating any legal proceeding. If such resolution is not reached within a period of thirty (30) continuous days, then, upon notice by either party to the other, such dispute shall be submitted to the exclusive jurisdiction of the Courts referred in Section 22 below.

 

22 Governing Law and Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws in force in Italy, without regard to conflict of laws provisions.

 

You agree to exercise the personal jurisdiction of the Courts located in [Include City], Italy.

 

23  Contact Us

 

For any questions, comments, or complaints regarding these Terms of Use, you may address us by sending an email to: contact@helitar.com and that email receipt must be acknowledged by us.

 

24  Miscellaneous

 

24.1  Entirety: These Terms of Use and our Privacy Policy, constitutes the entire agreement between you and us and will supersede and replaces all prior written or oral agreements.

24.2  Assignment: You may not assign your rights or obligations under these Terms of Use and our Privacy Policy without the prior written consent of us. We may assign these Terms of Use and/or our Privacy Policy at any time in our sole discretion without any prior written consent by you.

24.3  Severability: If a court of competent jurisdiction holds any provision of these Terms of Use and/or our Privacy Policy to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of such documents, and they shall continue in full force and effect.

24.4  No Waiver: Our failure to insist upon strict performance of any provision of these Terms of Use and/or our Privacy Policy shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of you in performance or compliance with any obligation on these agreements.

24.5  Interpretation: The headings in these Terms of Use and our Privacy Policy do not affect its interpretation.The use of any gender includes all genders. The singular includes the plural and vice-versa. These Terms of Use and our Privacy Policy, were originally prepared in the English language. Although we may provide one or more translated versions of these agreements for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the provisions of these Terms of Use and our Privacy Policy will be construed as having been drafted jointly by you and us, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of such agreements.

25  Definitions

  • "Device" and/or "Devices" means the GPS trackers offered by us through our Website.

  • "P3R Guarantee" and/or “Guarantee” means our Purchase, Rent, Replacement and Return Guarantee, as described in Section 5 above.

  • "Payment Methods" means the payment methods referred to in Section 8 above.

  • “Privacy Policy” means the document that governs our privacy and data protection practices.

  • "Product" or "Products" means our Devices and any other products offered by us through our Website.

  • “Services” means services as described in Section 4 to this document.

  • “Terms of Use” means this document that governs the use of our Website and Services.

  • “You” and/or “Customer” means any individual who may access and use our Website and Services in accordance with these Terms of Use and our Privacy Policy.

  • "We" and/or "Us" and/or "Helitar" means collectively this Website and Services, owned and operated by Alessio Fondacaro.

  • “Website” means www.helitar.com .

Last Updated: [27/08/2023 day-month-year].

Guarantee:
How to Connect:
Tracking App:
SIM Card:
Shipping:
Guarantee:
How To Connect:
Tracking App:
SIM Card:
Shipping:
Shop Now          Guarantee         Connect Me         SIM         APP        Command List         Businesses         Shipping
bottom of page