Terms and Conditions
The following terms and conditions (“Terms“) apply for all orders placed for the Shellock tracking device “eShell”, and the use of the cloud platform “Platform”, jointly known as the “Product”. All use of the Product (and services) provided by Shellock AS “Shellock“ are subject to these Terms.
1. Product
The Product is an integrated IoT tracking device for any kind of moving asset such as shipping containers, boxes, equipment… (“shipment“), using GPS/GSM with long battery life and temperature, light and motion sensors. The Product is attached to the shipment. The eShell incorporates a built-in magnet to attach it to metallic shipments such as intermodal containers.
The purpose of the Product is to track the location of shipments and inform of its conditions. All the measurements generated by the eShells are available at the Platform.
When purchasing the Product, you will receive the tracking device, the instructions manual, and credentials to manage the eShells on our Platform.
2. Specifications
Each device has its own technical specifications. On the website the main functionalities are displayed. The exact tech specs sheet can be requested to the Shellock team.
3. Shipping and connectivity
The Product is under continuous development and connectivity issues might arise. Please contact the team to inquire about connectivity at your location and discuss a pilot to assess the suitability.
4. Installation
It is recommended to place the eShell inside the shipment in a place that ensures that it is not openly displayed to avoid intrusions nor tampering of the device by externals. When using it with shipping containers, we recommend sticking it inside the container at the container door, to detect the motion of the door when it is opened and closed, and the light.
Please contact the team for guidance on installing the device if you are unsure. It is your responsibility to inform other people the way you want them to interact with the eShell, and ensure the eShell can fulfil its mission. Shellock will not be responsible for any removed, lost or manipulated eShell.
5. Payment and delivery
You contact our team at contact@shellock.co to place an order for the Product. The team will provide the quote and invoice of the purchase, including the shipping costs to your delivery address. It can only be paid by bank transfer, and the price is to be kept confidential. The product pricing might vary, it is our goal to always provide the most competitive pricing.
The Product might be shipped from our manufacturer in China, and it might incur additional customs duty fees and taxes which are to be covered by the buyer.
Estimated delivery time depends on the purchased amount of units. Orders of more than 300 devices might be sent in separate packages.
6. Service availability
Shellock will exercise reasonable skill and care in providing services and support related to the Product, but makes no guarantee related to its availability. The user accepts that such services from time to time may be partly or completely unavailable due to, amongst others, mobile/GPS/GSM coverage.
7. Personal data
To make use of the Product, administer and improve the services, Shellock will process certain personal data about the registered user and the organization members. Shellock takes the security of personal data seriously and takes reasonable steps to protect the registered user’s privacy. All collected data is intended for tracking assets, not to track any any individual. All parties shall at all times comply with the data protection legislation, including the GDPR, if applicable. Each Party acknowledges the importance to each other of ensuring the accuracy and security of the personal data controlled by each party, some of which may be sensitive personal data; and data of the other party. The customer shall not add or store PII (Personally Identifiable Information) in the platform without prior
written consent from Shellock.
8. Registration
Use of the Product requires registration of the intended users. Each registered user will use the provided work email to access the Platform. Please see our Privacy Policy for further information.
9. Conditions for use
The Product shall only be used in accordance with these Terms, any applicable user instructions, the Privacy Policy and other policies and guidelines provided by Shellock. Shellock note that EU legislation, among other relevant rules and regulations, protect information and privacy.
Shellock deem any use contrary to applicable law as a breach of contract and may, without notice and with immediate effect, terminate, suspend, or restrict the use of the Product and services, if there is a suspected violation of these Terms, illegal or fraudulent use, or use in contrary to applicable law.
10. The right of withdrawal (for EEA consumers only)
If you are a consumer within the European Economic Area (EEA), you may return the Product by notice to Shellock within 14 days after you became in physical possession of the Product. You are not required to state any reason for the return.
The Product must be shipped back to Shellock (in Norway) within 14 days after the notice has been given. The purchase price and amounts paid to Shellock will be reimbursed by Shellock. However, the customer is responsible for covering the return shipment costs to Shellock.
To exercise the right to withdrawal under this provision, you may use a standard form for withdrawal. If not using the form, please indicate the transaction number, contact information (name and address) and reason for withdrawal (optional). All communications are sent electronically to the e-mail address listed in section 18 below.
If not using the right to withdrawal, you may only return products that are defected or non-conforming in accordance with section 11 of these Terms.
11. Return of defect and non-conforming Products
Shellock warrants that the Product conforms with the technical specifications for a period of one year after you receive the Product, or for a period prescribed by mandatory lay in your jurisdiction, whichever is longer. You are responsible for inspecting the Product upon delivery. If the Product is defected, you shall notify Shellock without undue delay. When filing a complaint, please indicate the transaction number of your order found on the order confirmation received by e-mail, as well as your name, address and reason for return.
The user manual accompanying the Product describes how to properly use the Product. Shellock is not liable for any damage resulting from improper use of the Product or inadequate maintenance. Such improper use includes (but is not limited to) damage caused by the Product being dropped on solid objects such as tables or floors, damage caused by exposing the Product for other temperatures or humidity conditions than recommended in the user manual, or exhausting the Product battery. Improper use also includes modifications, reengineering, copying and other changes and manipulation in breach of Shellock’s intellectual property rights in accordance with Section 13.
In the event of a return or repair in accordance with these Terms, the Product will be repaired or replaced by Shellock according to our designated return process. All costs, including shipment costs, are covered by Shellock as long as the process is followed correctly and the Product was faulty when delivered to the buyer. To initiate such a process, you must contact Shellock customer support, using the contact details in section 18, for further instructions.
12. Warning
The Product helps the customer keep track of their shipments and its conditions. If your shipment is stolen or missing, Shellock strongly advise you against taking any action yourself. Local jurisdiction is likely to ban, or at very least, impose severe limitations on your legal ability, rights and protection to unilaterally undertake any action aiming at repossession of your shipment.
Shellock strongly advise you to contact the relevant local authorities, such as police, for assistance and legal repossession of the shipment. Shellock is not responsible or liable for any action or non-action related to any actions undertaken by you due to the use of the Product.
13. Intellectual property rights
Shellock has an exclusive and worldwide right to all intellectual property rights related to the Product and documents included in the order, whether patentable or not and whether registered or not. This includes, but is not limited to, the construction, methods, concepts, design, source code, software logs, interface design, user manual, spare parts and trademarks.
The registered user has a non-exclusive revocable and limited license to use the Product and accompanying software. The software is for your own use. You may not copy, modify, upload, distribute, transfer, sub-license, lease, lend or rent the software to any third-party.
14. Force Majeure
Shellock shall not be liable for any failure of the Product or delay in the services for the period that such failure or delay is beyond Shellock’s reasonable control, materially affects the performance of any of its obligations, and could not reasonably have been foreseen or provided against. The customer is responsible for handling the product in a manner that does not damage it.
15. Modification of the terms
Shellock reserves the right to update or change these Terms. The current Terms will be available at our website, and we recommend that you review the Terms regularly. Please refer to the “last updated” section below to see when these Terms were last updated.
You will receive notice of any changes that materially affect your use of the Product. Your continued use of the Product after any updates are effectuated or after receipt of notice of any changes, will constitute acceptance of those updates/changes and you will be bound by the new terms upon your continued use of the Product.
16. Severity
If any parts of these Terms are found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the Terms remain valid and enforceable.
17. Governing Law and dispute resolution
These Terms shall be governed by and construed in accordance with the laws of Norway.
Any dispute that is not solved shall be resolved by judicial mediation. If judicial mediation fails, you agree to Haugesund district court as legal venue. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
18. Contact
In case of questions relating to these Terms, or if you want to exercise your rights in accordance with these Terms, please direct a request to the e-mail address provided below:
Shellock AS, org. no. 926 503 642
Address: Smedasundet 66, 5528, Haugesund, Norway
E-mail: contact@shellock.co
Last updated: 15.12.2022
