GPS Terms & Conditions
Last Revised: November 1, 2024
IntroductionTHESE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR PURCHASES OF CERTAIN PRODUCTS AND SUBCRIPTIONS, FROM DATAMARS, INC. (“DATAMARS”) IN THE UNITED STATES. IF YOU ARE PURCHASING DATAMARS PRODUCTS OR SUBSCRIPTIONS OUTSIDE OF UNITED STATES, YOUR PURCHASES MAY BE GOVERNED BY DIFFERENT TERMS. PLEASE REVIEW THESE TERMS CAREFULLY PRIOR TO ORDERING ANY PRODUCTS OR SUBSCRIPTIONS AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS WITH REGARD TO DATAMARS AND HOW SUCH CLAIMS MAY RESOLVED. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES AND RAMIFICATIONS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, OR IF YOU DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS (I.E., IF YOU ARE NOT OF SUFFICIENT AGE AND MENTAL CAPACITY AND ARE OTHERWISE ENTITLED TO BE LEGALLY BOUND IN CONTRACT) YOU MAY NOT PURCHASE PRODUCTS OR SUBSCRIPTIONS.NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH DATAMARS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.This document contains important details about your purchases of hardware or devices (each a “Device”) and Datamars Subscriptions such as:
- The terms and conditions on which we supply the Device to you;
- How long your Subscription will be;
- How to pay for and cancel your Subscription.
Some words are capitalised in these Terms. This means that they have a defined meaning, and we have explained words used throughout the Terms in the glossary below for easy reference. By purchasing a Device and Subscription on the Website you agree to these Terms, which, once you receive a confirmation email from us, creates a binding contract between Datamars and you. By purchasing a Subscription, you are subscribing to access and use the specified Datamars Services on Supported Devices during the term of your Subscription. When you buy a Device from Datamars, you have the option to download our App (defined below), which is available via (“Website“).You can access Subscription options, seek help about the Device and your Subscription, and learn about how we process your personal data on the Website. You can purchase the Device without downloading the App, however certain Device features may not be available to you if you choose to do so. You will be able to activate and manage your Subscription and gain more information about the Device if you do choose to download, install and use the App. More information about the Device and App can be found by The manner in which you are permitted download and use our App is subject to the terms of a separate license agreement between you and Datamars and the applicable terms governing use of the of the Apple App Store or Google Play Store (each, an “App Store“).Glossary and General Terms“Device Safety Terms” means the safety terms and conditions available here; “Annual Subscription” means a rolling annual subscription, which is paid upfront; “App” means the application which provides features to operate the Device that you can download free of charge to a Supported Device via the link on the Website; “Content” means software, text, graphics, images, video, audio, data and other material are made available to you through the Services; “Datamars Services” or “Services” means use of the software embedded within the Device, the Subscription service(s) used in conjunction with the Device, and the services, features, Content, App, Website (or other linked pages) or applications offered, from time to time, by Datamars in connection with them. “Initial Term” is 4 months from the date on which we accept your order for a Monthly Subscription; “Monthly Subscription” means subscription with an Initial Term that automatically renews from month to month following the Initial Term; “Order” means the order for the Device made by you through the Website; “Payment Methods” means the payment methods set out in Section 6.2; “Refund Period” means 14 days from the day after the date of starting your Subscription; “Subscription” means your paid for access to the Datamars Services, including a Monthly Subscription and/or an Annual Subscription; “Supported Device” means Internet-connected mobile devices; and“Trial Period”means a specified timeframe during which users are permitted to access and evaluate a subscription service for free or at a reduced cost before committing to a Subscription.“Writing”includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
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Information About Us and How to Contact Us
- Who we are.We are Datamars, Inc., and our address is 1110 Industrial Blvd, Temple, Texas 76504, USA.
- Our brands.Datamars is the owner of the brand “Petlink”.
- How to contact us.You can contact us by telephoning our customer service team here or by writing to us at the address above.
- How we may contact you.If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Order or when you purchased a Subscription.
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Ordering, Conclusion of Contract, Payment and Delivery
- You must be at least 18 years old to purchase Device on the Website. If you are under 18, please ask your parent or guardian to make the purchase. .When you place an Order for a Device on the Website, you authorize us and/or our third party payment processor, as applicable, to charge the credit card, debit card or other payment method you have chosen for your purchase in the total amount of your order (including any applicable shipping charges and taxes).
- You should check and amend any errors before submitting your Order to us. We will send you an email confirming receipt of your Order and an order number that you should refer to if you have any follow-up queries. Your confirmed Order is not automatically binding upon Datamars, but constitutes an offer to purchase the relevant Device(s) in consideration for payment of the applicable prices, and we reserve the right to refuse or cancel your Order for any reason permitted by applicable law. For example (and without limitation), we may reject your order if you do not live in a country from which Devices may be purchased via the Website, if you order more than the permitted maximum number of Devices, or if we suspect your Order was not placed in good faith or was not placed by an individual. Your contract with Datamars becomes effective at the time your Device has been shipped. As mentioned in the section on “Delivery” below, there may be circumstances in which we cannot ship a Device to you. If your Order contains more than one item, not all of which ship at the same time, the contract for those items that have not shipped will become effective upon the shipment of each remaining item.
- Delivery.At checkout, you may be provided an estimated delivery date for your Order which is calculated based upon processing time, the shipping address provided, and the shipping method selected on the Order. You acknowledge that any delivery dates that Datamars provides are non-binding estimates only and you have no claim against Datamars for delays or early deliveries. We may not be able to deliver to all locations. Please consult our App or Website for locations to which we will deliver your Device. If Datamars does not ship a Device to the address you provided or is otherwise unable to fulfil any part of your Order, we will cancel either the full Order or only that portion of the Order that will not be fulfilled, you will be sent a notice of our decision, and you will not be charged for any Devices that are not able to be delivered. You acknowledge and agree that Datamars’ ability to sell and fulfill Orders is subject to: (a) item availability; and (b) Datamars’ sole discretion in managing inventory. Datamars is not obligated to accept any Order and expressly reserves the right to limit, decline or reject any Order, without explanation and without being liable to you for any damages or costs other than repayment of any amount or amounts that Datamars had previously received from you with regards to such Order. The Device will be your responsibility from the time we or our third party fulfilment partner delivers it to a common carrier (e.g., UPS, FedEx, USPS). As a result, Datamars shall have no responsibility for the product once it is delivered to the carrier and you are responsible for filing any claims with carriers for damaged and/or lost shipments. The costs of delivery to you or a third party nominated by you, will be set out in your Order or, if delivery costs are not listed in the Order, as communicated to you separately. We are not responsible for delays outside our control. If we are delayed in delivering the Device to you by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and work with you to rearrange a time period for delivery. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Device.
- If you do not re-arrange delivery.If, after a failed delivery to you, you do not re-arrange delivery or collect the Device from the location identified by us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract.
- What will happen if you do not give required information to us.We may need certain information from you so that we can supply the Device to you. If so, this will have been communicated to you prior to or at the time you provide your Order. If such information is not provided in your Order, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the contract. We will not be responsible for supplying the Device late or not supplying any part of the Device if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
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Our Devices
- Variations.Datamars attempts to provide accurate descriptions of all products displayed on the Website. However, we do not warrant that the product descriptions are complete or error-free. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the Devices accurately on the Website or App, we cannot guarantee that your computing device’s display accurately depicts the products, so the Device you receive may vary from those images. Furthermore, the products displayed on the Website are subject to availability and Datamars does not provide any guarantee of a product’s availability in your locality or of the availability of all sizes/versions of all products/colors displayed. The reference to such products on the Website does not imply or warrant that these products will be available at any time in your particular location. Datamars attempts to provide accurate and up-to-date information through the Website, but we do not warrant that the information is complete or error-free.
- Instructions.Please carefully read any instructions that come with the Device, including Device Safety Terms. Datamars provides the Device for you to track your pet. The Services and any results or Content displayed via the Services, whether provided by us or third parties, are not medical advice and are not intended to substitute advice from a veterinarian.
- No substitute for veterinary advice.The Services do not and are not intended to diagnose, prevent, monitor, treat or alleviate animal disease, or diagnose, monitor, treat, alleviate or compensate for an injury to your pet, or perform any other tasks that constitute the practice of veterinary medicine, and all Content available through the Services is for general informational purposes only. Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any veterinarian-patient relationship. If you have any health related questions relating to your pet, please call or see your veterinarian. You should never disregard veterinary advice or delay in seeking veterinary advice because of any Content presented on the Services, and you should not use the Services or any Content on the Services for diagnosing or treating a health problem relating to your pet.
- Enhanced functionality.In order to make use of any enhanced functionality of your Device, you have to purchase a Subscription and open a customer account via the App if you do not yet have one. Further, you agree to comply with any software license agreements applicable to your use of software on the Device. We may also provide software updates/upgrades that you will need to install in order to maintain the conformity of the functionalities of your Device and/or Services, and/or make the best possible use of the functionality of your Device and/or Services on your Device. Use of that software may be subject to additional licensing terms. Where the updates/upgrades are not strictly necessary, please note that you have the right to refuse the update or, where possible, to uninstall it. You understand, however, that failing to install and update may negatively impact your access to or use of the Device and/or Services.
- Personal use & gifts.You may only purchase Devices for your personal use. The Device is designed for use on pets only and is not suitable for commercial farming or for human use. You may not commercially resell any Device, but you may give the Device as a gift. Recipients of gifts may need to open and maintain a Subscription in order to receive any support offered by Datamars.
- Battery life.Battery life for your Device, as described in any Device description page, will depend on Device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary.
- Storage capacity.Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity may be less than the memory listed in any Device description page on the App or Website.
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Returns
- Return Policy.Datamars’ return policy is available here, which is incorporated herein by this reference. Additional Terms may also apply.
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Your Subscription
- You must be at least 18 years old to purchase a Subscription. If you are under 18, please ask your parent or guardian to purchase the Subscription instead.
- Datamars makes a variety of Subscription packages available for customers. Information about our Subscription packages is available on the Website.
- Your Subscription begins on the date you receive confirmation from us, and will be billed in advance either for the Initial Term, if you have purchased a Monthly Subscription, or billed for one year, if you have purchased the Annual Subscription.
- The length of your Subscription, the Minimum Term and the renewal period depends on the Subscription package you select.
- Details regarding your Subscription term and status can be viewed and managed in your account settings. To use the Datamars Services you must have Internet access and a Supported Device and provide us with one or more Payment Methods as described below in the Payment, Billing, & Price Changes Section below
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Automatic Renewals and Cancellation of Your Subscription