The Customer acknowledges and agrees that:
QTRS does not guarantee that the Services or the Mitsi-TRACK System shall be error-free.
The Services and the Mitsi-TRACK System are reliant on access to an effective and well maintained mobile telecommunications network and there are a variety of matters outside QTRS’ control that may affect the availability of the Services and the Mitsi Track System including mobile telecommunications downtime (including as may arise from network maintenance), mobile telecommunications blackspots and damage or deterioration that may occur to equipment comprising the Mitsi-TRACK Device including the vehicle rooftop antenna.
Once the Mitsi-TRACK Device loses mobile telecommunications coverage, there may be a delay before the Mitsi-TRACK Device again receives a mobile telecommunications signal after it returns to within mobile telecommunications range and, therefore, a delay to the resumption of the Services. During periods of mobile telecommunications downtime data continues to be stored on the Mitsi-TRACK Device until mobile telecommunications access is re-established.
Having regard to the matters referred to in clause 4.1, the Customer agrees that the Services and the Mitsi-TRACK System do not represent a complete and or/error free solution for monitoring and/or operating the relevant Vehicle Mounted Refrigeration Units and that the Customer must employ other safeguards and methodologies for such monitoring and/or operation.
CUSTOMER’S OBLIGATIONS
During the Term, the Customer will, and will ensure that its employees and agents:co-operate with QTRS as QTRS reasonably requires; and provide the information, documentation and assistance that QTRS reasonably requires.
The Customer is responsible for all access to and use of the Mitsi-TRACK System by Authorised Users and/or using any Access Credentials. The Customer acknowledges that persons having access to the Mitsi-TRACK System through the Access Credentials will have access to various functionality in relation to the Mitsi-TRACK System and the Vehicle Mounted Refrigeration Units including the ability to manipulate the temperature of those units and to turn those units off.
The Customer agrees that QTRS is not responsible for any use of the Mitsi-TRACK System by Authorised Users and/or any persons who access the Mitsi-TRACK System using the Access Credentials.
The Customer indemnifies QTRS against all claims and liabilities that may be made against or suffered or incurred by QTRS and which arise from any access or use referred to in the preceding part of this clause.
CONFIDENTIAL INFORMATION
Subject to clause 10.2, neither party may disclose information of the other party (Confidential Information) without the prior written consent of the other party.
Either party may disclose Confidential Information of the other party which:at the time of disclosure is in the public domain, but not as result of a breach of any legal or equitable obligation of confidentiality;is required to be disclosed for the purposes of performing its obligations under this Agreement (but then only to the extent so required);is required to be disclosed to its professional advisers, bankers or financial advisers, subject to each such recipient of Confidential Information giving equivalent confidentiality undertakings; oris required to be disclosed by law.