Terms & Conditions
To view our Terms & Conditions click here.
Dealer Terms & Conditions
If you are a Reseller or Dealer of our products your terms and conditions are available here.
Warranty Terms & Conditions
To view our Warranty Terms & Conditions click here.
Shadow Immobilisation Service Statement
To view our Shadow Immobilisation Service Statement click here.
INTRODUCTION: This document (together with the documents referred to in it) informs you of the terms and conditions on which we supply our tracking services to you.
Please read these terms and conditions carefully and make sure that you understand them before subscribing to any of our services. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
2G / 3G Disconnection: The UK’s 2G and 3G networks are provided by a number of different mobile operators. Those operators are currently in the process of reviewing and in some cases shutting down all or part of those networks. This may impact on the services you receive. Please see Clause 27 for further details.
QUESTIONS: If you have any questions about these terms and conditions please contact us at email@example.com or on 0800 279 6401. Alternatively, advice about your
legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
ACCEPTANCE: Please note that if you order any Service from us, whether through our Site, App or otherwise, then you will be deemed to have accepted these terms and conditions. Depending on how you are reading these terms and conditions, you may be presented with the option to click on a button marked “I Accept” at the end of these terms and conditions to acknowledge that you have accepted them in this way.
KEY TERMS: Whilst all of this agreement is important we would particularly like to bring your attention to the following Clauses. Some of these Clauses set out when we would be able to charge you additional amounts (over and above your subscription fee):
• Clause 5 – Right to Cancel your Order;
• Clause 8 – Payment;
• Clause 9 – Potential Additional Fees;
• Clause 10 – Refunds Policy; and
• Clause 18 – Limitation of Liability.
SERVICE SPECIFIC TERMS: Please note that certain Clauses in these terms and conditions only apply to some of our services. As such they will only be applicable if you have ordered a service that includes that type of coverage. These service specific Clauses are set out below:
• Clause 13 – Remote Immobilisation Service;
• Clause 14 – CAT Service;
• Clause 16 – Recovery Service; and
• Clause 17 – First Notice of Loss
1. INFORMATION ABOUT US AND THESE TERMS
2. YOUR STATUS
3. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US
5. RIGHT TO CANCEL YOUR ORDER
9. POTENTIAL ADDITIONAL FEES
10. REFUNDS POLICY
11. LICENCE TO USE OUR SITE / APP
12. USE OF THE SERVICE AND YOUR OBLIGATIONS
13. REMOTE IMMOBILISATION SERVICE
14. CAT SERVICE
15. SUSPECTED THEFT, DEFECT, DAMAGE OR LOSS
16. RECOVERY SERVICE
17. FIRST NOTICE OF LOSS
18. LIMITATION OF LIABILITY
19. TRANSFER OF RIGHTS AND OBLIGATIONS
20. SUSPENSION OF SERVICE / PLANNED MAINTENANCE
21. EVENTS OUTSIDE OUR CONTROL
22. TERM AND TERMINATION
23. OUR RIGHT TO VARY THIS AGREEMENT
24. WRITTEN COMMUNICATIONS
27. DISCONTINUATION OF 2G / 3G SERVICES
1. INFORMATION ABOUT US AND THESE TERMS
1.1. We are Global Telemetrics Limited (Company Number 6965076). We trade as “Global Telemetrics” or “SmarTrack”.
1.2. We operate the website at http://www.globaltelemetrics.com (our “Site”).
1.3. Our registered office and main trading address is:
Old Station Close, Coalville,
Leicestershire LE67 3FH.
1.4. Our VAT number is 119 848 871.
1.5 These Terms and Conditions were last updated on September 2021.
2. YOUR STATUS
2.1. By placing an order with us, whether through our Site, or via e-mail or via phone you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are at least 18 years old;
2.1.3. you are resident in the United Kingdom; and
2.1.4. you are accessing our Site from the United Kingdom.
3. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US
3.1. Your order constitutes an offer to us to subscribe to the Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we are able to provide you with the Service (“Service Confirmation”). The Agreement between us will only be formed when we send you the Service Confirmation.
3.2. The Agreement will relate only to those Services whose availability we have confirmed in the Service Confirmation.
3.3 We will not be obliged to supply any other Services which may have been part of your order until the availability of such Services has been confirmed in a separate Service Confirmation.
3.4. Nothing in this Agreement shall affect your statutory rights as a consumer.
4.1. In this Agreement the following words shall have the meaning set out in the table below:
“Agreement” means the contract between us which comes into force on the Commencement Date and which incorporates the relevant details of your order and these Terms and Conditions;
“Annual Subscription” means payment for the provision of a Service for a 12 month period;
“Authorised User” means any person you lawfully authorise to use the Vehicle;
“Commencement Date” means the date on which you receive the Service Confirmation;
“D-iD™ Enabled Device” means a phone or other device which has Global Telemetrics’ “Driver ID” application installed on it, which may be used to help verify that a driver is authorised to move a Vehicle;
“Duration of Ownership Subscription” means payment for provision of a Service for the duration of your ownership of the Vehicle;
“Equipment” means the Global Telemetrics system compatible equipment installed in your Vehicle (including any ancillary tags, fobs, keys or other equipment provided with the installed tracking system);
“Recovery Service” means the service to be procured or provided by us pursuant to Clause 16 (Recovery Service) below;
“Service” means the vehicle tracking services to be provided by us (as set out in your order) (including were appropriate the Remote Immobilisation Service, CAT Service, Recovery Service and First Notice of Loss Service (see Clauses 13, 14, 16 and 17 respectively);
“Service Confirmation” has the meaning given to it in Clause 3.1;
“Subscriber Instructions and Procedures” means the set of instructions and procedures you are to follow in order to ensure the proper operation of the Service. Please refer to the user manual supplied via email. If you have not received this please request one by emailing firstname.lastname@example.org;
“Terms and Conditions” means the terms and conditions set out in this document;
“Territory” means England, Wales and Scotland and such other countries as we may notify you of in writing from time to time;
“Vehicle” means the vehicle into which you have had the Equipment installed;
“You” means the person, firm or company whose order for the Service has been accepted by us.
4.2. References to Clauses are to the clauses set out within this Agreement.
4.3. Headings to Clauses are included for ease of reference and should not affect the interpretation of this Agreement.
4.4. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute
or statutory provision, as amended or re-enacted.
4.5. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the meaning of the words before those terms.
4.6. A reference to “writing” or “written” includes e-mails but not faxes.
5. RIGHT TO CANCEL / AMEND YOUR ORDER
5.1. If you are contracting as a consumer you may cancel an Agreement at any time within 14 days, beginning on the day after you received the Service Confirmation
5.2. To cancel the Agreement during the Cancellation Period, simply send us a completed copy of our standard cancellation form (directions to which can be found at 5.6 below), or send a written notice in accordance with Clause 25 (Notices /Complaints) clearly stating you want to cancel the Agreement.
5.3. If you do cancel the Agreement in this way you will receive a refund of the price paid for the Service in accordance with our refunds policy (set out in Clause 10 (Refunds Policy) below).
5.4. Details of this statutory right of cancellation, and an explanation of how to exercise it, are provided in the Service Confirmation.
5.5. This Clause 5 does not affect your other statutory rights as a consumer.
5.6. A model cancellation form can be found on our Site at www.globaltelemetrics.com/cancellation
5.7 You may, by written notice to Global Telemetrics, upgrade your subscription from an Annual Subscription to a Duration of Ownership Subscription. Such notice may only be given within the first 12 months of the Annual Subscription, notice given after the expiry of this period will be invalid. You will be required to pay Global Telemetrics the difference between any Annual Subscription fee you have paid and Global Telemetrics’ standard Duration of Ownership Subscription fee at the time the notice is given. Your Duration of Ownership Subscription will be considered to have run from the date your Annual Subscription began.
6.1. You will arrange for installation of the required Equipment into the Vehicle.
6.2. We will have no liability whatsoever if we are unable to provide the Service due to:
6.2.1 a fault or discrepancy in the installation of the Equipment. This will include faults in the location of the Equipment in the Vehicle which cause the Equipment to not properly transmit or receive signals. It is your obligation to ensure that whoever you choose to install the Equipment is aware of its installation requirements. A list of Global Telemetrics approved installation sites is available on request;
6.2.2 any network/mobile connection issues and/or the frequency of any message content related to the Equipment or a D-iD™ Enabled Device receiving or sending the messages to immobilise/mobilise the Vehicle. The Vehicle will need to be in full working condition to accept immobilisation commands and the Equipment / D-iD™ Enabled Device will need to have an active connection to the required mobile network; and
6.2.3 disconnection of the Vehicle’s battery, which may result in the Equipment
automatically immobilising the Vehicle. Please contact us immediately if this occurs.
6.3. We will not be liable for any act, omission, direct or indirect loss or damage caused during the course of the installation of the Equipment. All such loss or damage will need to be discussed with the relevant installer.
6.4. Due to the technical nature of the Equipment, only authorised and qualified personnel should carry out any works or installations in respect of the Equipment. Should unauthorised or unqualified personnel carry out works or installations, any warranty we have provided in respect of the relevant Equipment shall become void. We will, on request, provide details for authorised personal relating to the workings or installation of any Global Telemetrics products. It is your responsibility to inform anyone carrying our work on the Vehicle that the Equipment is installed.
7.1. You are responsible for insuring the Vehicle and the Equipment.
8.1. The price of the Service shall, except in cases of obvious error, be:
8.1.1. for the initial year of the Agreement, the relevant price shown on our Site on the Commencement Date;
8.1.2. in the case of each renewal pursuant to Clause 22.1 (Term and Termination), any price agreed with you for the renewal in writing, or otherwise, the price shown on our Site on the date of the relevant renewal date; or
8.1.3 in all other cases, as otherwise agreed between us in writing.
8.2. You shall pay for the Service by credit/debit card, direct debit, cash, cheque or (if we request) bank transfer to an account we nominate to you in writing. We may, at our discretion, accept payments by PayPal, but we do not typically accept subscription payments in this way.
8.3. Unless you are paying by direct debit (which will be charged monthly), we will invoice the fee for the Annual Subscription annually in advance.
8.4. You will pay the Annual Subscription prior to the expiry date of the previous year’s Annual Subscription. Direct Debit payments will be made on the agreed monthly date of payment. We may vary the level of your Direct Debit payments by giving you no less than 15 days’ written notice.
8.5. Where we have agreed to accept Duration of Ownership Subscription we will provide the Service while you remain the owner of the Vehicle and the Equipment is installed and functional.
8.6. Our charges are inclusive of VAT but exclusive of all other taxes, tariffs, customs charges or other such costs. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Service in full before the change in VAT takes effect.
8.7. If a pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Service to you at the incorrect (lower) price.
8.8. If you owe us any sums and they remain unpaid for more than 14 days from the due date for payment, then without prejudice to any other rights or remedies we may have, we will be entitled to: