Pay As You Track (PAYT)
Terms and Conditions of Sale of Goods and Services
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us at [email protected].
For the purpose of this document the Customer may be an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns. Words in the singular shall include the plural and vice versa. A reference to one gender shall include a reference to the other genders.
the daily fee for the use of the Services as published on the website(s) and to which you subscribe on an ongoing basis via the website(s) and which may change from time to time;
‘Services’ The software applications services as specified on the PAYT website(s) including any computer software programs, Smartphone APP’s, firmware and configurations and, if appropriate, updates thereto;
‘Goods’ any physical goods you purchase under these Terms and Conditions of sale including but not limited to tracking devices;
‘Personal Information’ the details provided by the Customer.
- 1. The Customer agrees:
- 1.1 to pay any amounts due to us in a timely manner;
- 1.2 that the Personal Information provided is true, accurate, current and complete in all respects at all times;
- 1.3 not to impersonate any other person or entity or to use a false name.
- 2. PAYT reserve the right to
- 2.1 modify the price or the content or withdraw, temporarily or permanently, of some or all of the Goods or Services;
- 2.2 modify these Conditions from time to time without notification;
- 2.3 make changes in the specification of any Good or Service, in particular to reflect changes in the specification made by any third party manufacturer. PAYT will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service.
- 3. Purchase of Goods and Services
- 3.1 The purchase of Services is subject to your acceptance of the PAYT SaaS Terms and Conditions available at www.payasyoutrack.com;
- 3.2 Subscription Fees are shown on the website;
- 3.3 he Customer pays for the Services by topping up the account. Each time the Services are used it reduces the account balance. Except in the case of an obvious mistake, our records show how much you have topped up your account and how much you have used the services. Top up payment is made by credit or debit card only and are set to take additional payment when the remaining credit is at 5 days. PAYT will not repay any top-ups the Customer has made or pay any interest on any credit.
- 3.4 Payment failure for any reason will result in the Customer’s password, account and access to all or part of the services being disabled without liability to PAYT. The account may be re-activated within one month;
- 3.5 Any change made to the Subscription Fees will take effect from and when payment is next taken. The Customer will be informed by text and/or email after which continued payment of the Subscription Fees will be taken as acceptance of the change;
- 3.6 Prices shown exclude VAT and/or local taxes and delivery charges;
- 3.7 Estimated time frames for delivery of Goods are approximate as delays may arise outside of our reasonable control;
- 3.8 Connectivity
- 3.8.1 The Customer holder is responsible for any and all charges incurred with its mobile provider and/or internet service provider as a result of using the PAYT APP;
- 3.8.2 Use of the PAYT APP outside the UK may incur roaming charges from provider of mobile and/or internet services, clause 3.7.1 applies to these charges;
- 3.8.3 Tracking Devices are shipped with a SIM which may not be removed from the devices. The SIM provided as standard is not set up for ‘roaming’ outside the UK, a roaming SIM incurs an additional cost to the Customer.
- 4. In placing an order you confirm that you are 18 years old or over.
- 5. PAYT may, at our own discretion, limit, restrict or reject any order placed at any time prior to the contract having been completed.
- 6. The Customer confirms authorization to use the credit/debit card used for payment.
- 7. Payment methods are subject to validation checks and PAYT will not be liable for any delay or non-delivery caused by failure of such checks. Goods will not be dispatched until we have payment in full for the Goods.
- 8. On receipt of the Goods all risk of damage to, or loss of, the Goods shall pass to the Customer.
- 9. The Customer has cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and through the PAYT website may:
- 9.1 cancel any order for Services any time within 14 calendar days from the order so long as PAYT has not provided Services;
- 9.2 cancel an order for Goods at any time within 14 calendar days from the day after receiving such Goods, without liability. Goods must be returned to PAYT within 14 days, complete (with any accessories, leads or other items provided with the Goods) and undamaged. Damaged or incomplete Goods will incur costs up tor the retail value of the Goods;
- 9.3 PAYT will refund sums paid in relation to the order (less costs) within 14 days of receiving the returned Goods or evidence of the Goods being returned;
- 9.4 The Customer may examine any Goods ordered as you would in a shop but if you use the Goods, you may lose your right to cancel your purchase. Use would include, but not be limited to installing the tracker into a vehicle, connecting to and/or accessing the internet. PAYT reserves the right to charge for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods;
- 9.5 The Customer shall pay the cost of returning Goods to PAYT whether resulting from cancellation of the order or for warranty repair purposes.
- 11. Limitation of Liability
PAYT will not be liable for any loss or damage caused in circumstances where there is no breach of a legal duty of care owed by PAYT, such loss or damage is not reasonably foreseeable or the loss or damage is a result of a breach of these conditions by the Customer.
In any event PAYT will not be liable for any losses related to any business of a Customer including but not limited to lost data, lost profits or business interruption.
- 12. Nothing in these Conditions shall
- 12.1 exclude or limit PAYT liability for death or personal injury resulting from its acts or omissions or those of our servants, agents or employees;
- 12.2 limit the Customer rights as a consumer under applicable UK law.
- 13. PAYT make no warranty that the Services will meet the Customer exact requirements or that they will always be available.
- 14. The Goods are sold with the warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard
- 15. Neither PAYT or the Customer can be held liable If prevented from fulfilling obligations by events beyond reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities.
- 16. Third Parties: benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999 applies to PAYT and the Customer only.
- 17. The Customer may not but PAYT may, assign, charge or otherwise dispose of its rights under these Conditions.
- 18. These Conditions will be governed by English Law.
- 19. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts shall continue.
- 20. The Complaints Policy on the PAYT website sets out the Complaints procedure.