Terms & Conditions (Inc. TT SMS SIM Contract)

Tackle Tracker & TT SMS SIM Terms & Conditions

Interest Free Credit Terms & Conditions

Interest free credit is available for the Tackle Tracker Package with TT SMS SIM and free SmartWater forensic solution pack.

Total price £128.

Customer pays £60 at the time of purchase, followed by 4 Direct Debit payments over the next 4 months of £17. Total price £128 (0% Apr)

When the purchase is made the customer will receive 2 electronic Direct Debit mandates from Go Cardless. One for the 4 payments of £17 and a separate mandate for the TT SMS SIM contract (£3.99 plus 8p per SMS sent by the TT SMS SIM anywhere within the EU.)

 

Interest free credit is available for the Car-a-van Track Package with TT SMS SIM and free SmartWater forensic solution pack.

Total price £138.

Customer pays £70 at the time of purchase, followed by 4 monthly Direct Debit payments over the next 4 months of £17. Total price £138 (0% Apr)

When the purchase is made the customer will receive 2 electronic Direct Debit mandates from Go Cardless. One for the 4 payments of £17 and a separate mandate for the TT SMS SIM contract (£3.99 plus 8p per SMS sent by the TT SMS SIM anywhere within the EU.)

Your Consumer Rights are not affected and Tackle Tracker Ltd offer a 30 day money back guarantee and a 2 year warranty on the Tackle Tracker Package (See T&C below).

 

Tackle Tracker Terms & Conditions

By using our website and purchasing from www.tackletracker.co.uk (Tackle Tracker Ltd) you agree to be bound by our Terms & Conditions, as stated below.

Tracking Device –General product description

Tackle Tracker is intended to be used as an electronic monitoring and tracking system. It utilises the following technologies: GNSS (Global Navigational Satellite System, satellite tracking) and GSM (Global System for Mobile communications, use of mobile phone networks). Our GNSS Tracker relies on the use of SMS text messages sent between the tracker and a mobile phone or GPRS platform.

The system requires connection to these other technologies and enables the user to track the location with suitable accuracy in most reasonable circumstances.

A suitable SIM card for use in the applicable area is required. Costs for SMS and GPRS data may be incurred (Tackle Tracker alerts are sent in the form of an SMS Google maps link which will use your smartphones data plan to view the location in a web browser or via the Google Maps App), and will vary according to network.  It is your responsibility to check that network coverage is suitable for your area before going ahead with any SIM activation.

Tackle Tracker has a rechargeable lithium Polymer battery which require charging at intervals.

General Disclaimer

The purchaser accepts that the Tackle Tracker is an assistive aid to the monitoring and tracking of the target object. The nature of the complex technology and the reliance on third party telecommunication systems means that there is no absolute guarantee of performance. Accuracy can vary depending on a number of factors.

For this reason, a Tracking Device should not encourage the user to enter into situations which would be dangerous without the use of a Tracking Device. They do not guarantee safety or return of stolen equipment.

You should be aware that services that rely on location information, such as GNSS/GPS, depend on your Device’s ability to acquire satellite signals and network coverage. Network coverage and satellite signals are dependent on a number of factors not within the control of Tackle Tracker 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 are equipped with mobile phone inhibitors that interfere with all phone communications. The Services will not work under such circumstances.

Contract for the supply of goods

The display of goods on the Tackle Tracker website 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 goods will be deemed to exist between the customer and Tackle Tracker Ltd unless, and until, an e-mail is sent by Tackle Tracker Ltd confirming that your order is complete. An e-mail stating that your order is being processed does not confirm that your order has been accepted.

The confirmation e-mail amounts to an acceptance by Tackle Tracker Ltd of your offer to buy goods from Tackle Tracker Ltd. This acceptance is effective regardless of whether or not your receive the e-mail. Tackle Tracker Ltd are free to withdraw from a perspective contract at any time prior to acceptance. This also applies to any error or inaccuracy in the respect of goods, any description applied to goods, the availability of goods, promotional codes or the order itself. Price and availability information is subject to change without notice.

Order Processing

Full payment must be made before goods are shipped by Tackle Tracker ltd.

Returns and Refunds

Tackle Tracker is supplied with a 2 year limited warranty. If your Tackle Tracker develops a fault within 2 years of purchase please contact us to arrange a repair or replacement of the product at our discretion.

Tackle Tracker also offer a 30 day money back guarantee if you are not satisfied with our product. The Tackle Tracker must be returned in its original packaging, in new and unused condition. Tackle Tracker Ltd reserve the right to make deductions from any refund if the packaging is damaged, the Tackle Tracker or SmartWater solution have been used / damaged or there are charges outstanding for the TT SMS SIM.

This does not affect your statutory rights under the Distance Selling Regulations (see below).

 

DISTANCE SELLING REGULATIONS/SALE OF GOODS ACT

Any non-business customer wishing to cancel an order under the rights provided by the Distance Selling Regulations/Sale of Goods Act must do so within 14 days of the point at which the goods were received.

If you wish to return your Tackle Tracker Package under the Distance Selling Regulations/Sale of Goods Act please send an email to returns@tackletracker.co.uk

A full refund will be processed if the order is cancelled before the package has been shipped.

If you wish to return your goods once received, they must be returned to Tackle Tracker Ltd with the original packaging and in original unused condition within 14 days of the date you have notified us of your wish to cancel, for a full refund.

If the SmartWater forensic solution pack has been opened or used there will be a deduction of £15.99 from any refund. 

If the TT SMS SIM was selected there will be a pro rata charge for the line rental and a deduction of 8p per SMS sent by the TT SMS SIM.

LIMITATION OF LIABILITY (GENERAL)

Except as specifically stated on this site, neither Tackle Tracker Ltd 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 Tackle Tracker Ltd, 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 reponsibility 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.

ILLEGAL ACTS 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.

CHANGES IN TERMS Tackle Tracker Ltd 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 Tackle Tracker web site.

 

TT SMS SIM Terms & Conditions

Definitions

“Agreement” means this document as may be amended by the parties hereto;

“Commencement Date” means the date of this agreement;

“Customer” or “You” means a customer or prospective Customer of Tackle Tracker Ltd ;

“Service” means the service provided by Tackle Tracker Ltd, 40 Hackamore, Benfleet, Essex, ss7 3du as set out in the schedules attached hereto.

“Password” means the confidential personal identification number which Tackle Tracker Ltd allocate to you to access the service

  1. TT SMS Sim Coverage – The 8p per SMS alert charge covers the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar , Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, UK.

If you wish to use your Tackle Tracker outside of the countries listed please contact us and we will enable the SIM and inform you of the SMS alert cost.

 

  1. Scope

The contents of this agreement shall apply in relation to all services ordered by you from Tackle Tracker Ltd.

 

  1. Information about you

3.1 You confirm that all information supplied by you to Tackle Tracker Ltd is current, complete and accurate in all respects and you agree to notify Tackle Tracker Ltd immediately of any changes to this information.

3.2 You agree to pay Tackle Tracker Ltd by direct debit and:

(a) you authorise Tackle Tracker Ltd to disclose information about this agreement to your bank and to our subcontractors and agents, under strict obligations of confidentiality. You agree to this information being used for credit control purposes and to offer you any further services which Tackle Tracker Ltd may make available; and

(b) you authorise your bank to disclose to Tackle Tracker Ltd and our subcontractors and agents under strict obligations of confidentiality information about your bank account insofar as is necessary in connection with this agreement and to inform Tackle Tracker Ltd if that account is suspended or terminated. You understand that if that account is suspended or terminated, Tackle Tracker Ltd may suspend the service to you and/or terminate this agreement.

3.3 Where you are providing Tackle Tracker Ltd with personal data within the meaning of the Data Protection Act 1998, you confirm that you consent to Tackle Tracker Ltd processing such data lawfully.

 

  1. Provision of Service

4.1 Tackle Tracker Ltd will use our reasonable efforts to make the service available at all times. The TT SMS SIM is enabled solely for SMS and is only to be used in the Tackle Tracker GNSS tracking device supplied to you by Tackle Tracker Ltd. The extent and availability of the service may be affected by faults in telecommunications networks, services and equipment which are operated by persons other than us. Tackle Tracker are not liable for any failure, delay, interruption, suspension, or restriction of the service for any reason, in particular for reasons beyond our control.  Tackle Tracker Ltd may temporarily suspend the service in order to maintain or modify equipment or software used to provide the service. This will not affect your obligation to pay the charges.

4.2 In addition to any other remedy, Tackle Tracker Ltd may suspend the service immediately without notice if:

(a) you break any of your obligations under this agreement;

(b) Tackle Tracker Ltd have reason to believe that you are using or allowing our services to be used in a manner which may bring us or our services into disrepute;

(c) your direct debit account is suspended or terminated.

(d) if you exceed any monthly financial limit which Tackle Tracker Ltd apply to your use of the Service.

(e) Your Tackle Tracker TT SMS SIM is used in any device other than your Tackle Tracker.

4.3 Tackle Tracker Ltd may change the telephone number allocated for you to use the service at any time for commercial, technical or regulatory reasons by giving you reasonable notice.

 

  1. Charges and Payments

5.1 When selecting the TT SMS SIM you will be required to complete a Direct Debit mandate as you checkout.  

£3.99 plus SMS charges will be collected from your bank account every month on or around the monthly anniversary of your purchase. You will receive an email confirming your monthly subscription once the mandate has been completed and will receive an additional email each month to confirm the adjusted invoice amount once your SMS charges have been calculated.

SMS charges are calculated per calendar month and added to the following Direct Debit Invoice.

The monthly invoice email will state ‘Your subscription to Tackle Tracker Ltd has been updated’ 

‘Tackle Tracker Ltd has changed your subscription from £3.99 to £x on the x of each month’

Dates may very slightly due to weekends and public holidays. 

You will receive an invoice by email in advance of any payment being processed by your bank.

Tackle Tracker Ltd will calculate usage charges using data Tackle Tracker Ltd have recorded. You are responsible for the use of your SIM card and for the costs incurred through its use, whether authorized or not. You must pay our invoices in full by Direct Debit on the date shown on the invoice. Where invoices are not settled as per the Direct Debit invoice we reserve the right to suspend your service without notice.

The TT SMS SIM has an Isle of Man telephone number and some UK operators may charge for sending an SMS to an Isle of Man number. Customers should check with their network provider. Customers should only send an SMS to their TT SMS SIM during the initial set up procedure or possibly to occasionally change a setting and any costs incurred should, therefore, be minimal.

5.2 All sums due from the customer to Tackle Tracker Ltd will be collected by Direct Debit. Tackle Tracker Ltd will apply a £5 administration fee to your account in the instance that your Direct Debit fails, is rejected or cancelled before monies are collected. Where payment is made by credit or debit card a £2.50 administration fee will be applied to your account.

5.3 All charges payable by the customer to Tackle Tracker Ltd under the agreement include VAT at the current rate.

5.4 All invoices submitted by Tackle Tracker Ltd to the customer are to be treated as agreed, unless the customer notifies Tackle Tracker Ltd of any discrepancies within 7 days of the receipt of any invoice from Tackle Tracker Ltd. In the event of any discrepancies a detailed invoive can be produced if required.

5.5 Tackle Tracker Ltd reserves the right to charge daily interest at a rate equal to 3% above Bank of England base rate current during the time that payment remains outstanding. Interest shall continue to accrue until such time as payment has been received by Tackle Tracker Ltd.

5.6 Tackle Tracker Ltd may at any time require you to pay a deposit as security for payment of any charges payable by you. Tackle Tracker Ltd may hold the deposit until Tackle Tracker Ltd have received all charges due from you under the Agreement and Tackle Tracker Ltd may use all or part of the deposit towards payment of the charges. Tackle Tracker Ltd will repay the deposit following the termination of this agreement as soon as you have paid all charges due in full.

5.7 Tackle Tracker Ltd may impose a monthly financial limit on your use of the Service and may alter the limit from time to time.

5.8 Tackle Tracker Ltd reserves the right to amend or alter the scale of charges by notifying the customer of the revised scale of charges in writing with a minimum of 30 days notice.

 

  1. Cancellation and termination

6.1 Either party may terminate the agreement by giving the other party at least thirty days’ written notice expiring at any time from the date on which Tackle Tracker Ltd first provide the service to you.

6.2 In addition to any other remedy, Tackle Tracker Ltd may terminate the Agreement immediately at any time if:

(a) you break any of your obligations under the Agreement or fail to pay any charges when they are due.

(b) your direct debit is suspended or cancelled or if you cancel any authority to debit charges from your bank account

(c) you supply any information to Tackle Tracker Ltd which is false or misleading or which Tackle Tracker Ltd reasonably suspect may be false or misleading

(d) Tackle Tracker Ltd have reason to believe that you are using or allowing our services to be used in a manner which may bring Tackle Tracker Ltd or our services into disrepute.

(e) Your Tackle Tracker TT SMS Sim is used in any device other than your Tackle Tracker.

6.3 You may terminate the Agreement immediately at any time by giving Tackle Tracker Ltd written notice if Tackle Tracker Ltd break any of our obligations under the Agreement and Tackle Tracker Ltd do not put things right within seven days of a request from you.

 

  1. Liability

7.1 It is expressly agreed between the customer and Tackle Tracker Ltd that neither Tackle Tracker Ltd 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 Tackle Tracker Ltd, 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 reponsibility 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. . Tackle Tracker Ltd shall in no circumstances be liable for any indirect, consequential or economic loss, including but not limited to loss of business, loss of contracts, loss of profits, loss of anticipated savings and claims by third parties, whether or not foreseeable.

7.2 Nothing in this agreement shall be interpreted so as to adversely affect the statutory rights of any consumers.

 

  1. Security

8.1 Tackle Tracker Ltd will use reasonable endeavours to keep your information and messages confidential and secure. However Tackle Tracker Ltd cannot ensure or warrant the confidentiality or security of any information or messages. You also agree that Tackle Tracker Ltd have no responsibility or liability for the deletion or failure to store any messages or other content maintained or transmitted by Tackle Tracker Ltd.

8.2 You must take reasonable precautions to keep your password secret and you must immediately notify our customer support service if you suspect that your password is likely to be used in an unauthorised way. You are solely responsible for all use or misuse of your user details and password, and any losses or damages arising from such use or misuse.

 

  1. General

The customer agrees that it will not use the service provided for any improper, immoral or unlawful purpose and that such use constitutes grounds for immediate termination of the services by Tackle Tracker Ltd.

 

  1. Non-assignment

The customer shall not assign or otherwise deal with any or all of its rights and obligations under this agreement without the prior written consent of Tackle Tracker Ltd, given by Tackle Tracker Ltd’s duly authorised representative. Tackle Tracker Ltd shall have the rights to assign or otherwise delegate all or any of its rights and obligations hereunder to associate companies or any other third party or company upon serving notice in writing to the customer.

 

  1. Force Majeure

Tackle Tracker Ltd will not be liable if Tackle Tracker Ltd cannot provide the service due to any event which is outside our reasonable control, such as fire, lightning, flood, exceptionally severe weather, explosion, war, civil disorder, industrial disputes, fuel or power supply failures or shortages, acts of government or other public authorities.

 

  1. Jurisdiction

This agreement shall be governed by and construed and interpreted in accordance with English Law and parties submit to the jurisdiction of the English courts.

 

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