Terms and Conditions for Track Your™ GPS Tracking Devices
These terms and conditions ("Terms") apply to the provision of Track Your™ GPS Tracking Devices (each referred to as a “Device”) by Track Your™ Ltd (referred to as "Track Your™", "we" or "us") to users of any Track Your™ Device. They also refer to the provision of the Track Your™ GPS Tracker App for Smartphones, both iPhone and Android models (referred to hereafter as “App”). The term "you" refers to the end user of the Device and/or App who intends to use the Track Your™ tracking device (whether as a “Guardian”, i.e a person making contact with the Device, with or without using the App as an interface, or as a “Tracker-Wearer/Tracker-Bearer” i.e a person wearing the Device). 'Service(s)' relate to the provision of the Device and/or App by Track Your™ Ltd (www.trackyour.co.uk).
It is a condition of our providing the Devices and Apps that you accept these Terms outlined within this document, along with any other Terms appearing on our website http://www.trackyour.co.uk. These Terms in combination are the entire statement of the contract between us, and you agree that you have not entered into these Terms in reliance on any statement or representation made by or on behalf of us.
About your Device:
Your Device consists of a GPS tracker, which determines the location of the Device by using signals from GPS satellites, to be used in combination with a mobile phone SIM (to be supplied by you), which is used to report the location of the Device by utilising your chosen mobile phone network. Accordingly:
1. You accept that the Device must be able to communicate with the appropriate GPS satellites, by line of sight, so the Device will generally not work indoors or where the line of sight is obscured;
2. You also accept that the Device must be in the reception range of your preferred GSM network supplier. If the Device loses connection, it will lose connectivity with any phones that have been associated with it (“Guardian Phones”). The Device will therefore lose the ability to send alerts, and all other communications between Device and Guardian phones (e.g. locate / monitor / talk (model dependent)) will be inaccessible.
One free download of the ‘Track Your™ GPS Tracker’ App will be supplied to each customer who purchases a Track Your™ GPS Tracking Device from Track Your™ Ltd. It is a customer’s choice as to whether or not to use this App. Track Your™ Ltd is not liable for any inadvertent faults associated with the App. Following a pre-determined number of free user experiences, you can unlock the free download of the App by correctly entering in the IMEI number relating to your Device.
If a Device is not purchased directly from Track Your™ Ltd, then you will not be entitled to a free download of the Track Your™ GPS Tracker App.
It is the responsibility of the Device user (whether using the App or not) to familiarise themselves with the functionality of the Device (and App, if applicable). User manuals are supplied with each Device which provide guidelines relating to the use of the Device (either with or without the App).
You must keep the credit on the SIM card within the Device topped up. If you do not, the Device will not function – you will not receive alerts or other messages from the Device until the SIM card has sufficient credit.
We warrant to you (provided that you are the original purchaser of the Device) that the Device will be free from significant defects in material and workmanship for a period of 1 year from the date of original purchase as shown on your Invoice/Receipt. Should the Device need to be returned, contact us for a return authorisation number before sending it. The Device should then be sent to us, properly packaged and using a signed-for delivery method, together with proof of purchase. The warranty does not cover Devices which have been subject to abuse or neglect or which have been tampered with or modified.
Please be aware that if a Device is returned to us, the password MUST be reset to the default number (i.e.123456), or alternatively the altered Device password must be supplied to us. If the password supplied is incorrect, then NO refund will be given (as without the password the Device cannot be examined by us for repair purposes).
If you are a consumer, your statutory rights are unaffected.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, Track Your™ Ltd provides to you services as is and with all faults. Track Your™ Ltd / Its suppliers do not warranty uninterrupted use or operation of Devices / Apps, or that any data sent by or to you will be transmitted in uncorrupted form or within a reasonable amount of time. Track Your™ Ltd / Its Suppliers hereby disclaim all representations, warranties and conditions of any kind, whether express, implied or written, oral, contractual or statutory, including, but not limited to, any warranties, duties or conditions of or related to: Merchantability, Fitness for a particular purpose, Title, Non-Infringement, or arising from a course of dealing or usage of trade. Track Your™ Ltd / Its Suppliers do not warrant the accuracy or reliability of any data obtained through our Devices / App.
As with any GPS or mobile data device, the accuracy of the location information sent from the Device relies upon, amongst other things, the quality of the connection between the Device and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information sent from the Device is therefore to be regarded as being a guide to the location of the Device at the time of the last update received from it, and may be subject to error. At best, the Device is accurate to around 10 metres.
We cannot warrant that the Tracking Device will be contactable at all times, as (in addition to the factors mentioned above), the network provider may be down for maintenance, or as a result of a fault. Such situations are beyond the control or jurisdiction of Track Your™ Ltd.
Accordingly, we cannot accept liability for any loss or damage incurred by you, any third party, or any property using your Device and/or App, arising from the unavailability or malfunctioning of any of the factors listed within this section ‘Device Functionality’.
Use of the Device and/or the Track Your™ GPS Tracker App is not a substitute for proper care and supervision of the item to which the Device is attached. It is your responsibility to ensure you have any relevant insurance and to consider and decide whether the Device and App are appropriate for your needs.
Our total liability to you and any third party using your Device, arising out of or in connection with the Device or the App, will be limited to the aggregate of the price paid for the Device and/or the App. We do not accept liability for any indirect or consequential losses, injuries or death to you or any third parties, or for loss of profit, business or revenue, whether direct or indirect.
In Summary: In no event shall Track Your™ Ltd / Its Suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for: loss of profits or revenues, loss of confidential or other information, business interruption, personal injury / death, loss of privacy, corruption or loss of data, failures to transmit or receive data or any other pecuniary loss whatsoever arising out of or in any way related to the use of or inability to use the Track Your™ Device and / or App, even if Track Your™ Ltd / Its Suppliers have been advised of the possiblity of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Track Your™ Ltd / Its Suppliers under any provision of this agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Device and / or App. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any Device / App fails its essential purpose.
The ultimate responsibility for the correct functioning of the Devices falls with the manufacturers of these products.
Limitation of Service
You acknowledge and agree that the Devices provide an approximate location of the Tracker-Wearer, but do not provide guaranteed results. In order for a Device to work, it must be turned on, contain charged battery, contain a SIM Card containing credit, and located within your coverage area, amongst other factors. Accuracy of the location information obtained is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. In addition, the performance of the Services will vary depending on the Device you are using. By entering into this agreement, you acknowledge the results you may obtain from the Services provided, including but not limited to locations, alerts, maps and messaging may not be accurate, timely or reliable.
You should be aware that services that rely on location information, such as GPS Id, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within the control of Track Your™ Ltd including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, clouds, and other factors. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Services will not work under such circumstances.
GPS location readings are inherently subject to 'bounce' which can affect accuracy in varying increments, generally not exceeding 500 ft, but on occasion in excess of 200 ft.
If the Device cannot acquire satellite signals, then the Device may freeze, resulting it being non-functional until the battery and/or SIM card are taken out of the Device and replaced, with the Device then being re-started.
You understand and expressly limit and agree to hold harmless any and all harms that result from the Services not working, malfunctioning, or failing.
Our devices are not substitutes of caring for people / pet care / possession monitoring, and should not be used as such.
As a condition of your use of our Services and with respect to third-party claims, you agree to indemnify, defend, and hold harmless Track Your Ltd, its affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any judgements, claims, actions, losses, damages, liabilities, costs, or expenses of any kind arising from your use of Track Your™ Ltd Devices or Apps, or related software.
We will collect personal information about you when you register with us, to enable us to monitor which customer is associated with each tracker (by means of the IMEI number). However, because you are responsible for providing the SIM card to go within the Device, personnel associated with Track Your™ Ltd will not have any ability to locate or access your Device (once you have set up the Device in accordance with the user manual provided, i.e. selecting Guardian phone numbers / Changing password etc).
If requested, we can send you newsletters via e-mail to inform you of changes or updates to our products. It is your responsibility to keep your contact details up to date.
By entering into these Terms, you agree that we may collect, store, use and disclose your data, and contact you, as set out above. However, we will not give your information to any third parties for marketing purposes or disclose them to anyone other than as required by any applicable laws or civil authorities. We will comply with the Data Protection Act and associated legislation.
You are ultimately responsible for notifying the actual user of your Device that his or her location may be tracked or discovered.
PLEASE NOTE: you may be breaking data protection and other laws if you use the Device to track a person without that person's consent. We cannot accept liability in respect of any such use, whether with or without consent.
The Services are intended to be used in a lawful manner. You agree to use the Services or the location information provided thereby only for lawful purposes. You are responsible for using the Services in a manner that complies with applicable local, regional, or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. You agree that you will not misuse the Services. You will be responsible for any costs incurred by Track Your™ Ltd or any other party (including attorneys fees) as a result of your misuse, or fraudulent or otherwise unlawful use of Services.
The only payment that you will be making directly to Track Your™ Ltd will be for the initial purchase of your Device, plus, if required, any further versions of the App (if needed in addition to the free download of the App which we supply you with initially).
However, you must budget for the purchase of the SIM card (to be inserted within the Device). You must also budget for the cost of SMS messages and/or phone calls made from the Guardian Phones to the Device, plus the cost of SMS messages and/or phone calls made from the Device.
Your Device may operate internationally (dependent on various factors, some of which are outlined in Section 'Device Functionality'), but the transmission of data internationally or transmission of international texts may be very costly. Please confirm the applicable charges prior to operating a device internationally, as the charges might be substantial.
Governing Law / Jurisdiction
This Agreement will be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.