Terms & Conditions
By using our website and purchasing from I Track Direct, you agree to be bound by I Track Direct Terms & Conditions, as stated below.
CONTRACT FOR THE SUPPLY OF PRODUCTS AND SERVICES
The display of goods on the I Track Direct site amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of products or goods will be deemed to exist between you and I Track Direct unless, and until, an email is sent by I Track Direct to you confirming that your order has been accepted and payment has been successfully made. This confirmation e-mail amounts to an acceptance by I Track Direct of your offer to buy goods or services from I Track Direct and this acceptance is effective regardless of whether or not you receive the e-mail.
I Track Direct is free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.
I Track Direct is providing this site and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents. I Track Direct disclaim all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, I Track Direct does not represent or warrant that the information accessible via this site is accurate, complete or current.
PROCESSING OF ORDERS
Credit cards are debited before items are shipped or before services are provided by I Track Direct.
Every effort will be made by I Track Direct to post items ordered before 3pm that day by Royal Mail Special Delivery. When circumstances deem that this is occasionally not possible I Track Direct will post items as soon as absolutely possible and accept no liability for the delay in posting. All deliveries will be made by Royal Mail Special Delivery (Insured) unless specifically requested otherwise. In the event that an item is out of stock or otherwise unavailable I Track Direct will contact you and offer you another product, delivery time or a full refund.
CANCELLATION OF ORDERS PRIOR TO DELIVERY
Orders may be cancelled by phone or email prior to the day of posting. The cost of the purchase will be refunded to the payment credit/debit card. As payment will have been processed by the credit/debit card services the refund will be made to reflect a cancellation fee of 5% of the initial purchase price. This is to cover our merchant services costs levied as a result of the purchase.
DISTANCE SELLING REGULATIONS
Any non-business customer wishing to cancel an order under the rights provided by the Distance Selling Regulations must do so within 7 days of the point at which the goods were received. The goods must be returned by Royal Mail Special Delivery (Insured). to : I Track Direct
Customers are liable to pay the cost of this return postage. As long as the goods have been returned in original unused condition the cost of the goods will be refunded to the customer’s credit/debit card within 30 days of the date of return. Any actual use of a GPS tracker (switching it on and obtaining tracking information) or other equipment by a customer is a breach of the customer’s duty to take reasonable care of the product and will negate their right to return under these regulations.
LIMITATION OF LIABILITY (GENERAL)
Except as specifically stated on this site, neither I Track Direct nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Partners and employees of this company may not be held liable for damages relating to either the capital cost of any equipment purchased from I Track Direct, or consequential costs associated with fitting and operation of the same when issues arise from the non-availability of GSM and GPRS network coverage. It is the responsibility of the purchaser to take whatever steps necessary to establish that the necessary and appropriate network coverage is available and that the equipment works efficiently at the location intended for use. It is recommended that purchasers verify effective operation in countries outside the UK by operating a single tracker unit initially, and prior to purchasing further units. I Track Direct will happily provide full support for these testing processes.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic ‘fingerprints’ of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. Products purchased from I Track Direct may be governed by laws prohibiting their use; it is the sole responsibility of the purchaser/user to comply with these laws and no liability can be implied.
CHANGES IN TERMS
I Track Direct reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the I Track Direct web site.
All items purchased from I Track Direct are guaranteed for 12 months of use. Due to the nature of this equipment no refunds will be given. If you find that there is a problem with any item please return it to us. We will have it carefully examined and will be happy to replace it if it is found to be faulty. Any obvious physical damage or evidence of other misuse found will naturally nullify this guarantee and offer of replacement. Our warranty does not cover the batteries associated with our products which are vulnerable to outside conditions outside of our control. Trackers may be returned to us by arrangement for re-programming and resetting (including the changing of location reporting periods). There is a charge of £35 for this service which covers time and multiple postage fees.
Any refund made to customers following the return of a tracker (for any reason) will not include any payment made for additional location or SMS credits paid for either at the time of the tracker purchase or after that date. Top up credit purchases will not and cannot be refunded.
Any work carried out on behalf of and paid for by clients which involves any custom designing of the mapping panel or other associated features is undertaken by contractors on behalf of I Track Direct and payment cannot be refunded upon cancellation once the work is completed, irrespective of any other tracker fault/warranty issue or claim for refund.
WEBSITE PRODUCT DESCRIPTIONS
I Track Direct reserve the right to supply equipment which may differ in appearance from items shown on the website but which have the same use, function and facility
RELATING SPECIFICALLY TO TRACKING
Notwithstanding any other provision in these Terms:-
(1) I Track Direct accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided with a tracking device.
(2) Without prejudice to the other exclusions and limitations in these Terms, I Track Directs liability in connection with any order (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the purchase price of the goods ordered. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of I Track Direct.
(3) I Track Direct is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from use of any tracking product, including without limitation in circumstances in which the product fails to function.
(4) All warranties which would otherwise be implied into these Terms (including without limit as to quality and fitness for purpose of goods or services) are expressly excluded. The Customer‟s sole remedies in connection with such matters in relation to goods supplied shall be in accordance with these Terms.
(5) Nothing in these Terms excludes or limits I Track Direct liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with I Track Direct (save in relation to the technical description, as provided by these Terms). In addition, I Track Direct shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in good faith.
(7) Without prejudice to the other limitations and exclusions of liability in these Terms, I Track Direct accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the failure of a device to track if this is caused by lack of credit on a “Pay as you Go” SIM card supplied by the customer or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant.
(8) I Track Direct may (at its discretion) provide support in connection with the Service at the rate of £50 plus VAT per hour.
THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE FOLLOWING: –
Notwithstanding any other provision in these Terms:-
(1) I Track Direct accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided in relation to the installation and use of the Software.
(2) Without prejudice to the other exclusions and limitations in these Terms, I Track Direct liability in connection with any Software or mapping panel access (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the value of the licence fee most recently paid by the Customer to I Track Direct. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of I Track Direct.
(3) I Track Direct is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from the use of the Software or mapping panel access, including without limitation in circumstances in which data is lost or tracking is not successful due to a fault with the Software or mapping panel.
(4) All warranties which would otherwise be implied into these Terms (including without limit as to quality and fitness for purpose of the Service) are expressly excluded.
(5) Nothing in these Terms excludes or limits I Track Direct liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with I Track Direct. In addition, I Track Direct shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in anticipation of an order which have been provided in good faith.
(7) Without prejudice to the other limitations and exclusions of liability in these Terms, I Track Direct accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the Service to collect tracking data which is caused by lack of credit on a “Pay as you Go” SIM card or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependant.
(8) I Track Direct has no liability under these Terms in relation to loss or damage resulting from failure to track occasioned by the failure of any wireless device to perform its function.
(9) I Track Direct accepts no liability whatsoever in connection with use of the Software on devices which do not comply with the minimum specifications stated in these terms.
Tracking history held on the I Track Direct will be maintained on the mapping server only so long as the tracker is active/live/in use. Inactive trackers will be removed from the mapping server occasionally and entirely at the discretion of I Track Direct. It is solely the responsibility of the tracker user (customer) to save their tracking history using the file facility on the history page of their mapping panel. I Track Direct have no liability under these terms for tracking history lost or deleted from the mapping server.
SERVICE / GSM NETWORK AVAILABILITY
I Track Direct reserve the right to carry out regular maintenance of the Tracking Panel, which may affect the availability of the Service. I Track Direct will use its reasonable endeavours to ensure that apart from scheduled maintenance, the panel is available for use at all other times.
The Service may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws. In addition, the Service may not be used in conjunction with SIM cards or tracking devices which have not been supplied by I Track Direct (other than mobile wireless devices). The Customer indemnifies I Track Direct in relation to any legal liability which may be incurred purely as a result of the Customer’s use of the Service. A contract on these Terms can be transferred to a new device, if they have been lost, stolen or beyond repair and replacement devices are purchased with prior agreement by I Track Direct.
CANCELLATION BY CUSTOMER
I Track Direct may terminate this agreement at any time, without notice, if the Customer breaches these Terms. No contract on these Terms may be terminated by the Customer, except in circumstances in which the Customer has lawfully terminated the contract (or part thereof) under which the device to which these Terms relate was supplied, in accordance with these terms.
All other rights of termination which the Customer might otherwise have under the general law are expressly excluded.
Customer agrees that I Track Direct may monitor use of the SIM to ensure compliance with the terms of this agreement. Equipment may be used in countries covered by the SIM.
Location and SMS command credits purchased and applied to a tracker have a “shelf life” of 24 months from the date of purchase. After this period, if unused, they may be cleared from the account.
I Track Direct should be informed immediately regarding any loss or stolen SIM card, if the Customer suspects or should reasonably suspect the SIM card is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up to the time of said notification. I Track Direct require evidence of alleged loss or theft in the form of a Police report. I Track Direct will terminate or suspend service of the tracking panel if I Track Direct suspects any wrong doing.
SIM CARDS AND CALL CHARGES
In conjunction with the supply of tracking devices and the provision of our online tracking service, I Track Direct may loan SIM cards to the Customer subject to these Terms where call credit is purchased through I Track Direct. The SIM cards will remain the property of I Track Direct and will be returned to I Track Direct on the termination of this agreement howsoever arising. The Customer acknowledges that SIMs supplied by I Track Direct may only be used in I Track Direct tracking devices which are providing data to I Track Direct mapping servers. Any other use shall constitute a breach of these terms.