Terms and Conditions of Sale of Goods and Services
Pay As You Track Limited (PAYT) is incorporated and registered in England and Wales with company number 9071470.
PAYT has developed certain software applications and platforms which it makes available to Customers via the internet on a pay-per-use (Subscription) basis for the purpose of providing web based vehicle tracking software (Services) and using a dedicated tracking device (Goods) or downloadable Smartphone Application (App).
By purchasing or ordering Goods and/or Services from PAYT Customer agrees to be bound by the terms and conditions set out below.
For the purpose of this document the Customer may be an individual, company or firm (whether or not having separate legal personality) and the Customers’ 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.
For the purpose of this document the following meanings shall apply:
‘Subscription Fees’ the daily or monthly 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, 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 Data’ the details provided by the Customer, which identify the Customer.
Terms and Conditions of Sale
- PAYT supplies a range of dedicated tracking devices and accessories (Goods) described on its website payasyoutrack.com;
- PAYT reserve the right to use alternative Goods of a similar specification and performance;
- PAYT reserve the right to make changes in the specification of any Goods, in particular to reflect changes in the specification made by any third party manufacturer.
- Goods are reliant on a SIM to connect to the Services;
- Tracking Devices provided by PAYT are shipped with a SIM that may not be removed from the devices. The SIM provided as standard is not set up for ‘roaming’ outside the UK unless agreed with Order. Customer agrees to any additional costs caused by a roaming SIM.
- Tracking Cameras provided by PAYT may be provided complete with SIM, in this case Customer agrees to any and all additional costs incurred by over use of SIM.
- Goods are sold with the manufacturer warranty or guarantee. This is in addition to the legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard;
- On receipt of the Goods all risk of damage to, or loss of, the Goods shall pass to the Customer;
- The Customer certain rights of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and may:
- cancel an order for Goods at any time within 14 calendar days from receipt 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;
- 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;
- The Customer may examine any Goods ordered as it would in a shop but if Goods are used, Customer may lose the right to cancel the 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 up to the full cost price of the Goods;
- The Customer shall pay the cost of returning Goods to PAYT whether resulting from cancellation of the order or for warranty repair purposes.
- PAYT makes a number of ‘free to download’ App’s available to the Customer where the App enables the smartphone device to track the smartphone using the GPS features of the smartphone;
- Customer acknowledges that the smartphone is inherently subject to software updates from time to time and that such updates may affect the operation of the App which may result in the need to reinstall the App;
- Customer acknowledges that an App will affect battery usage;
- Customer agrees to be responsible for any and all charges incurred with its mobile provider and/or Internet service provider as a result of using PAYT App’s on a smartphone device. Use of a PAYT App outside the UK may incur roaming charges from provider of mobile and/or internet services;
- PAYT shall update its’ App’s from time to time.
- PAYT Services are available as a cloud–based online platform available to the Customer through a secure login using email address and password.
- PAYT does not warrant that:
- the Customer’s use of the services will be uninterrupted or error- free;
- that the services, documentation and/or the information obtained by the Customer through the Services will meet the Customer’s requirements;
- Payment is on a Subscription basis: per day, month or annually;
- Subscription costs are published at payasyoutrack.com;
- Change to the Subscription fees will take effect from and when payment is next taken, payment of the Subscription fees will be taken as acceptance of the change;
- PAYT reserve the right to modify, withdraw either temporarily or permanently some or all Services;
- Payment Terms.
- The Customer agrees:
- to pay any amounts due to PAYT as they fall due;
- that the Personal Data Customer provides is true, accurate, current and complete in all respects at all times;
- not to impersonate any other person or entity or to use a false name.
- to pay for the Services by either:
- top-up payment to Customer account as required. 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. Customer confirms authorization to use the credit/debit card used for payment.
- Monthly invoice against scheduled of usage;
- Annual Subscription as agreed on Order
- Payment failure for any reason shall result in the Customer’s password, account and access to all or part of the services being disabled without liability to PAYT.
- The Customer agrees:
- In placing an order you confirm that you are 18 years old or over.
- Prices shown on the website exclude VAT and/or local taxes and delivery charges;
- PAYT may, at our own discretion, limit, restrict or reject any order placed at any time prior to the contract having been completed.
- 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.
- PAYT is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and the Customer acknowledges that the Services and documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- PAYT warrants that it has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under these Terms and Conditions, and that it will not knowingly infringe the rights of any third party in any jurisdiction or be in breach of any obligations it may have to a third party.
- PAYT and/or its licensors own all intellectual property rights in the software and documentation. Use of the software does not grant any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licenses in respect of the software.
- The Customer shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or documentation in any form or media or by any means.
- PAYT shall own all rights, title and interest in and to all of the data.
- PAYT does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
- In the event of any breach of PAYT warranties under these terms and conditions PAYT shall have no liability or obligations to the Customer other than to reimburse the Subscription Fees for the Services.
- 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.
- Nothing in these Conditions shall
- exclude or limit PAYT liability for death or personal injury resulting from its acts or omissions or those of our servants, agents or employees;
- limit the Customer rights as a consumer under applicable UK law.
- 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.
- Third Parties: benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999 applies to PAYT and the Customer only.
- The Customer may not but PAYT may, assign, charge or otherwise dispose of its rights under these Conditions.
- These Terms and Conditions will be construed in accordance with the laws of England and Wales.
- Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts shall continue.
- Complaints should be addressed to [email protected].