Terms & Conditions

By using our website and purchasing from Protrack Solutions Limited you agree to be bound by our Terms & Conditions, as stated below.

CONTRACT FOR THE SUPPLY OF PRODUCTS AND SERVICES

For this document “Protrack” relates to all Protrack companies and associated companies owned by the Protrack Group and Protrack Solutions Limited.

The display of goods on any of the websites owned and maintained by The Protrack Group and any subsidiary company 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 (the customer) and any of the Protrack Group companies unless, and until, an email is sent by Protrack Solutions Limited or The Protrack Group of companies to you confirming that your order has been accepted and payment has been successfully made. This confirmation e-mail amounts to an acceptance by Protrack purely of your offer to buy goods or services from Protrack and this acceptance is effective irrespective of whether you receive the e-mail.

Price and availability information is subject to change without notice.

SITE INFORMATION 

Protrack is providing this website 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. Protrack companies disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Protrack does not represent or warrant that the information accessible via this site is accurate, complete, or current. Prices shown on the website are inclusive of V.A.T at the current UK rate.

PROCESSING OF ORDERS

Credit cards and PayPal accounts are debited before items are shipped or before services are provided by Protrack companies.

DELIVERY

Every effort will be made by Protrack to post items ordered within 2 working days by Royal Mail or alternative courier. When circumstances deem that this is occasionally not possible Protrack will post items as soon as possible and accept no liability for the delay in posting. In the unlikely event that an item is out of stock or otherwise unavailable Protrack 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 delivery. 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 merchant services costs levied because of the purchase. Orders may not be cancelled once the device has been shipped.

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. The goods must be returned by Signed Delivery (Insured) to our address. Customers are liable to pay the cost of this return postage. If the goods have been returned in an original unused condition the cost of the goods will be refunded to the customer’s credit/debit card within 14 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 Protrack Solutions Limited 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 Protrack 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. Protrack will happily provide full support for these testing processes. Protrack Solutions Limited does not guarantee that their tracking products will operate successfully in all parts of the world. Variations in GSM and GPRS network make this impossible and accepts no liability for any loss in connection with the failure of tracking service. Every effort will be made to assist in developing the required tracking, but it remains the responsibility of the customer to ascertain if network coverage and tracking are possible in any global location.

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. Products purchased from Protrack 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 

Protrack Solutions Limited 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 any Protrack proprietary web site. The mapping site is updated and altered periodically without notice. Protrack Solutions Limited have no control over the update of the mapping services which is provided by a third party.

RETURNS

All items purchased from Protrack are guaranteed for 12 months of use. 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. If the tracking device has deemed to have been opened, this may invalidate the warranty.

Any refund made to customers following the return of a tracker (for any reason) will not include any payment made for additional top-up 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. 

WEBSITE PRODUCT DESCRIPTIONS 

Protrack Solutions Limited 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 of these Terms:

(1) Protrack Solutions Limited accepts no liability in connection with any losses incurred by the Customer because 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, Protrack Solutions Limited’s liability in connection with any order (whether arising in contract, tort (including without limitation 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 Protrack Solutions Limited.

(3) Protrack Solutions Limited 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 limitation 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 Protrack Solutions Limited’s 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 Protrack Solutions Limited (save in relation to the technical description, as provided by these Terms). In addition, Protrack Solutions Limited 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, Protrack Solutions Limited accepts no liability (whether arising in contract, tort (including without limitation 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 dependent.

(8) Protrack Solutions Limited may (at its discretion) provide support in connection with the Service at the rate of £100 plus VAT per hour.  

THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE FOLLOWING: Notwithstanding any other provision in these Terms: –

(1) Protrack Solutions Limited 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 or mobile application.

(2) Without prejudice to the other exclusions and limitations in these Terms, Protrack Solutions Limited’s liability in connection with any Software or GPS 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 Protrack Solutions Limited. The Customer agrees that it shall not under any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of Protrack Solutions Limited.

(3) Protrack Solutions Limited is not liable for any consequential losses (including without limitation 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 GPS access, including without limitation in circumstances in which data is lost or tracking is not successful due to a fault with the Software or GPS. The website, software and all associated mobile applications remains the property of Protrack Solutions Limited and can only be used by customers who have purchased tracking credits through Protrack Solutions Limited.

(4) All warranties which would otherwise be implied into these Terms (including without limitation as to quality and fitness for purpose of the Service) are expressly excluded.

(5) Nothing in these Terms excludes or limits Protrack Solutions Limited’s 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 Protrack Solutions Limited. In addition, Protrack Solutions Limited 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 has been provided in good faith.

(7) Without prejudice to the other limitations and exclusions of liability in these Terms, Protrack Solutions Limited 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 dependent.

(8) Protrack Solutions Limited 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) Protrack Solutions Limited accepts no liability whatsoever in connection with the use of the Software on devices which do not comply with the minimum specifications stated in these terms.

(10) Magnetic trackers are supplied with strong industrial magnets which have been tested to support the tracking device if properly fitted. The customer is responsible for where and how the product is fitted. Protrack Solutions Limited is not liable if the device is lost or damaged.

TRACKING HISTORY

Tracking history held on Protrack servers will be maintained on the server only so long as the tracker is active/live/in use. Inactive trackers will be removed from our servers occasionally and entirely at the discretion of Protrack Solutions Limited. It is solely the responsibility of the tracker user (customer) to save their tracking history using the file export facility on the history page of their software and mapping panel. Protrack Solutions Limited has no liability under these terms for tracking history lost or deleted from Protrack servers.

SERVICE / GSM NETWORK AVAILABILITY 

Protrack Solutions Limited reserves the right to carry out regular maintenance of its software and servers, which may affect the availability of the Service. Protrack Solutions Limited will use its reasonable endeavours to ensure that apart from scheduled maintenance, the software and applications are available for use at all other times.

ACCEPTABLE USE

The Service may not be used for any unlawful, fraudulent, or abusive purpose and must be used as required by all applicable laws. The Customer indemnifies Protrack Solutions Limited in relation to any legal or illegal liability which may be incurred purely because of the Customer’s use of the Service. The Customer may allow third parties (including its employees and contractors) to access the online tracking service, but this will be at the Customer’s own risk. Access will be subject to the user agreeing to Protrack Solutions Limited’s terms of use from time to time as published on the website from which the online service is provided to the Customer.

CANCELLATION BY CUSTOMER

Protrack Solutions Limited 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.

DATA CHARGES

The M2M SIM cards must not be removed from the tracking device this shall constitute misuse of the SIM and Protrack Solutions shall be entitled to immediately terminate this agreement.

Customer agrees that Protrack Solutions Limited may monitor the use of the SIM to ensure compliance with the terms of this agreement. Equipment may be used in countries covered by the SIM card roaming agreements, subject to a prior agreement is necessary and should be arranged through Protrack Solutions Limited. Protrack Solutions Limited reserves the right to charge for over usage while roaming.

Protrack Solutions Limited will remove any tracker login details that have not been used for a period of 1 year. If you would like to continue using the system, the tracker must be switched on at least once in this period.

LOST/STOLEN SIMS

Protrack Solutions Limited should be informed immediately regarding any loss or stolen M2M SIM card if the Customer suspects or should reasonably suspect the M2M 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. Protrack Solutions Limited requires evidence of alleged loss or theft in the form of a Police report. Protrack Solutions Limited will terminate or suspend service of the service if Protrack Solutions Limited suspects any wrongdoing.

Protrack Solutions Limited is committed to upholding the EU’s General Data Protection Regulation (GDPR). We may update our policies from time-time by posting a new version on our website, please check regularly to be aware of any updates.