TERMS AND CONDITIONS OF USE
- ABOUT US
- TrueTrace Ltd is registered in the United Kingdom under registration number, 11515034, and our registered office is at Ground Floor North Warehouse, Gloucester Docks, Gloucester, Gloucestershire, United Kingdom GL1 2EP. We are a provider of TrueTrace Global Navigation Satellite System (“GNSS”) devices, complete with a data SIM card (the “TrueTrace device”), and access to our online and mobile application tracking portal (the “TrueTrace tracking portal”). Our devices and tracking portal allow users to view the TrueTrace device’s position in real-time as well as track movement through the use of historical data. We are dedicated to helping users increase their chances of recovery should their vehicle or asset be lost or stolen.
- AGREEMENT TO TERMS
- These Terms and Conditions of Use (“Terms”) establish a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” or “user”) and TRUETRACE LTD (“we,” “us,” “our,” or “TrueTrace”), concerning your access to and use of the TRUETRACE LTD website as well as any other mobile website, mobile application, media form, or media channel connected, linked, or otherwise related thereto, including our TrueTrace tracking portal (collectively, the “Site”).
You agree that by accessing the Site, you have been made aware of and have read, understood, and agreed to be bound by all these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or related policies that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Term, and you waive any right to receive specific notice of each such update or change. It is your responsibility to periodically review these Terms to stay informed of updates and changes. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
- USER REGISTRATION AND ACCESS
- You may be required to register with the Site to use some of the Site’s functionality, including access and use our TrueTrace tracking portal. You agree to keep your password confidential and you will be responsible for all use of your account and password. We reserve the right to remove or change a username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.
By registering your TrueTrace device with the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you will not access the Site through automated or non-human means, whether through a robot, script, or otherwise; (5) you will not use the TrueTrace device or the Site for any illegal or unauthorized purpose, and (6) your use of the TrueTrace device or the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, or any portion thereof.
- MOBILE APPLICATION LICENSE
- If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; or (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
- PAYMENT AND RETURN POLICY
- Your TrueTrace device is sold with an initial 12-month service plan allowing you access to our TrueTrace tracking portal. To utilize the TrueTrace tracking portal, you must register an account with the Site. At the time of registration, you will be required to provide us with valid and updated credit card information however you will not be charged a fee during your initial 12 months of access to our TrueTrace tracking portal.
At the end of this 12-month period, your account will automatically roll over in to our “Monthly Service Plan” and your credit card on file will be charged accordingly. You acknowledge and agree that we are not required to notify you prior to this automatic rollover or monthly recurring charge to your credit card. We also offer an “Annual Service Plan” as an alternative to the monthly plan. You may log in to your account to view or edit your specific payment schedule. For purposes of these Terms, the Monthly Service Plan and Annual Service Plan may be collectively referred to as the “Service Plan.”
Your selected Service Plan will remain in effect until you cancel your Service Plan and such cancellation goes in to effect, which may not be until the next billing period. If you choose to cancel your Service Plan, you must do so no less than seven (7) days prior to the end of your billing cycle otherwise you may be charged for another billing cycle. No refunds will be given if you fail to cancel your account at least seven (7) days prior to the end of your current billing cycle. Following any cancellation of your Service Plan, you will continue to have access to the TrueTrace tracking portal through the end of your current billing cycle.
If, after 60 consecutive days, your account has no active Service Plan in place, your account will be marked for deletion. Your information may continue to remain on our servers for a period due to delays in the deletion process. You acknowledge and agree that we are not required to notify you of your account deletion.
Unopened products may be returned for a refund within 14 days of purchase and shall be at the buyer’s expense, unless the return qualifies under our TrueTrace Product Warranty as described below. The returned products must be in their original, sealed packaging and proof of purchase will be required when returning any products. Acceptance by us of the returned products will be at our sole discretion. To initiate a return, you must contact us at firstname.lastname@example.org; at that time, we will provide you with specific instructions on how to complete the return. Upon initiation of the return, you will have 14 days to return the product(s) to us. Return shipping costs shall be at your sole expense.
You acknowledge and agree that we may provide information to a third party in response to valid legal process including, without limitation, witness summons, search warrants, or court orders, or to establish our legal rights or defend against legal claims. We will not be liable for any use or disclosure of such information by such third parties.
You also acknowledge and agree that any credit card or related billing information that you provide to us may be shared by us with companies that work on our behalf, such as payment processors, solely for the purposes of carrying out payment to us, or servicing your account.
We reserve the right to change or modify our pricing schedule at any time and for any reason with thirty (30) days’ notice to you.
- TRUETRACE PRODUCT WARRANTY
- We offer a 12-month limited warranty on all of our TrueTrace devices (the “Warranty”). During the duration of this Warranty period, we will replace or refund, at our sole option, any defective TrueTrace device to the extent it meets the criteria described in this Warranty. A replacement or refund is your sole remedy under this Warranty.
This Warranty extends only to TrueTrace devices manufactured by us and sold to the original purchaser by TrueTrace or one of its authorised vendors or retailers.
This Warranty does not apply to TrueTrace devices that have been modified or tampered with, damaged by physical abuse, misuse, or neglect, or to any device that has been sold as “used,” “previously owned,” “reconditioned,” or described using verbiage that would indicate the device was not new at the time of purchase. Additionally, this Warranty does not apply to any device that has been sold by an unauthorized vendor or retailer of TrueTrace. Any purchase from such an unauthorized vendor or retailer shall immediately and expressly void this Warranty.
It is your sole responsibility, as the original purchaser of the TrueTrace device, to maintain proof of the original date of purchase as this will be required if you choose to make a claim under this Warranty.
To initiate a claim under this Warranty, you must do so in writing to email@example.com; at that time, we will provide you with specific instructions on how to complete the claim.
- INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated, the Site is our proprietary property and all software, website designs, source code, databases, functionality, audio, video, text, photographs, and graphics on the Site (collectively, the “IP Content”) and the trademarks, service marks, and logos contained therein (the “IP Marks”) are owned or controlled by us or licensed to us, and are protected by trademark and copyright laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions. The IP Content and the IP Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no IP Content or IP Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the IP Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not explicitly granted to you in and to the Site, the IP Content, and the IP Marks.
- THIRD-PARTY WEBSITES AND CONTENT
- The Site may contain, or you may be sent via the Site, links to other websites (the “Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any Third-Party Content or any contact with Third-Party Websites.
- SITE MANAGEMENT
- TERM AND TERMINATION
- These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT LIMITATION, NOTICE, OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive relief.
- MODIFICATIONS,INTERRUPTIONS, AND CORRECTIONS
- We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Site.
We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
- GOVERNING LAW
- These Terms and your use of the Site are governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles. Each of the parties to these Terms irrevocably agrees that the courts of the United Kingdom shall have exclusive jurisdiction to hear and decide any claim, action, suit, or proceeding, and/or settle any dispute, which may arise out of or in connection with these Terms or its formation or validity.
- DISPUTE RESOLUTION
- Any dispute arising in connection with these Terms shall be settled in a professional and businesslike manner. Disputes must be initiated in writing, either to our registered address or via email at firstname.lastname@example.org.
In the event a dispute cannot be resolved within 120 days of initiation, the dispute shall be subject to mediation, with the parties equally sharing the costs of mediation and choice of mediator located in Gloucester, Gloucestshire, United Kingdom. The prevailing party shall be entitled to reimbursement of legal fees and costs.
To the extent the dispute cannot, in good faith, be resolved through mediation, the parties may agree to resolve their dispute through arbitration, before an arbitration forum of our preference, and equally sharing the costs of arbitration and choice of arbitrator located in Gloucester, Gloucestshire, United Kingdom. The prevailing party shall be entitled to reimbursement of legal fees and costs. Any award issued shall be final.
The filing of an action in court for the purpose of obtaining any of the following shall not be a violation of the obligation to mediate: writ of attachment, temporary restraining order, preliminary injunction, or other provisional remedies.
- WE ARE NOT RESPONSIBLE, IN ANY WAY WHATSOEVER, FOR THE ASSET TO WHICH YOU INSTALL THE TRUETRACE DEVICE. WE ARE NOT A MANAGED TRACKING SERVICE. IT IS YOUR SOLE RESPONSIBILITY TO MONITOR YOUR ASSET TO WHICH YOU INSTALL THE TRUETRACE DEVICE.
- SITE MANAGEMENT
THE SITE, INCLUDING THE TRUETRACE TRACKING PORTAL, ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT, THE TRUETRACE DEVICE, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABLITY OR RESPONSIBILITY FOR ANY (1) ANY UNDETECTED TRUETRACE DEVICE MALFUNCTION OR INTENTIONAL DEVICE DISABLEMENT BY A THIRD-PARTY; (2) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS OR USE OF THE SITE; (4) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM IMPROPER INSTALLATION OR MISUSE OF THE TRUETRACE DEVICE BY YOU OR ANY OTHER INDIVIDUAL, WHETHER INTENTIONAL OR UNINTENTIONAL; (5) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (6) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (7) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER LINKS WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (8) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPER-LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- LIMITATIONS OF LIABILITY
- IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, directors, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
- CONTACT US
- In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Ground Floor North Warehouse
Gloucester Docks, Gloucester