Garmin inReach Satellite Device Rental and Mountaineering Emergency Contact Service Agreement

 

Satellite Positioning Equipment Rental and Mountain Safety Monitoring Service Agreement

Article 1: Scope of Service
Party A (Mabu Valley Outdoor Co., Ltd.) agrees to provide Party B with mountain safety monitoring services, using Garmin inReach satellite positioning equipment to retain and track Party B’s trajectory data during mountaineering activities, so as to ensure Party B’s safety and maintain activity records.

Article 2: Rights and Obligations of Party A

  1. Party A shall provide stable, reliable, and technically verified Garmin inReach equipment, and is responsible for the maintenance and updates of said equipment.
  2. Party A is responsible for monitoring Party B’s trajectory data during mountaineering activities to ensure the security and integrity of the data.
  3. Should any trajectory anomalies occur during Party B’s mountaineering activity, Party A shall immediately notify the emergency contact person provided by Party B and assist in handling the emergency situation.

Article 3: Rights and Obligations of Party B

  1. Party B shall familiarize themselves with and follow the Garmin inReach equipment user guide provided by Party A to ensure proper operation and prevent damage to the equipment.
  2. Party B must personally ensure that the equipment is sufficiently charged during the activity to avoid operational failure due to insufficient power.
  3. Party B must return the equipment at the agreed-upon time following the completion of the activity and ensure the equipment remains in good condition.

Article 4: Collection and Authorization of Personal Data

  1. Party B agrees that Party A may collect, use, store, and process their mountaineering trajectory data in accordance with the "Personal Data Protection Act," limited to purposes related to mountain safety monitoring services.
  2. Party B warrants that the personal data provided is true and complete and shall assume liability for any consequences arising from the provision of inaccurate information.
  3. Party A promises that, unless required by law or consented to in writing by Party B, Party A will not provide Party B’s trajectory data to any third party.
  4. Before providing the information of an emergency contact person, Party B must obtain the consent of said contact person and inform them of their related rights and obligations.
  5. In the event of an emergency, Party B authorizes Party A to provide their positioning data to the emergency contact person, rescue units, or relevant law enforcement agencies to ensure Party B’s safety.
  6. After de-identification, Party A may use Party B’s data for non-specific statistical or analytical purposes.
  7. In accordance with the "Personal Data Protection Act," Party B is aware of the following rights:
    • Purpose of Collection: To provide mountain safety monitoring and emergency rescue services.
    • Data Retention Period: From the effective date of the contract until the end of the service.
    • Recipients of Data: Party A, Party B’s emergency contact person, rescue units, and relevant law enforcement agencies (limited to emergency situations only).
    • Region of Data Use: Limited to within Taiwan.
    • Method of Data Storage: Includes both electronic and non-electronic forms of storage.
    • Rights of Party B: In accordance with the "Personal Data Protection Act," Party B has the right to inquire about, correct, stop the collection of, or request the deletion of their personal data.

Article 5: Limitation of Liability
Party B understands and agrees that Party A shall not be held liable for any service interruptions or losses arising from the following circumstances:

  1. Malfunction, damage, or communication failure of the Garmin inReach equipment during the mountaineering activity.
  2. Impacts on service quality or inability to obtain positioning due to severe weather or force majeure events (e.g., typhoons, torrential rain, etc.).
  3. Due to the inherent risks of mountaineering, the service provided by Party A is limited to monitoring assistance; Party A assumes no liability for any accidents or losses occurring during the mountaineering process.

Article 6: Security Deposit

  1. Party B shall pay a security deposit of NT$3,600 upon signing this agreement.
  2. After Party B returns the undamaged Garmin inReach equipment as agreed, Party A will refund the security deposit without interest.
  3. If Party B returns the equipment late, Party A may deduct a late fee of NT$150 per day from the security deposit.
  4. If Party B causes damage to or loss of the equipment, Party A reserves the right to deduct the corresponding compensation costs from the security deposit.

Article 7: Miscellaneous Provisions

  1. This agreement shall become effective upon the date of signing by both parties and shall remain valid until the day Party B completes the mountaineering activity and returns the equipment.
  2. In the event of a dispute, both parties shall negotiate in good faith to reach a resolution. If negotiations fail, both parties agree that the court located in Party A's jurisdiction shall be the court of first instance.
  3. Should any provision of this agreement be deemed invalid by a court, such invalidity shall not affect the validity of the remaining provisions.
  4. Any matters not addressed in this agreement shall be handled in accordance with the relevant laws of the Republic of China.