Terms and Conditions

ITracked Ltd: Terms & Conditions of Service

iTracked terms and conditions are applicable to all orders placed via our direct customer interactions as well as transactions on our website. If you have any queries please contact us using the online form on our website. Your enquiry will be logged and monitored by our administration until completed. ITracked will respond within one business day.

ITracked Ltd is registered in England

Our VAT number is: 252617119

Address:
Our address for mail & product returns is:
ITracked Ltd, 1 Freeman Close, Hopton, GREAT YARMOUTH, Norfolk, NR319UX, UK

Office Hours: Monday - Friday 09.00-17.30

Registered office:
ITracked Ltd, 1 Freeman Close, Hopton, GREAT YARMOUTH, Norfolk, NR319UX, UK

Product Pricing

All services provided by iTracked and prices for our services or related products including special offers are subject to change or discontinuation without notice. iTracked service and product prices shown on our web site are without VAT and are in British Pound Sterling for UK and EU purchases. Please note that UK VAT is charged on all orders for delivery within the European Union, and is added at the order 'checkout' For Trade customers in the EU supplying us their VAT number. iTracked will issue a Pro-forma invoice without VAT on request. It is the policy of iTracked to try to ensure prices and product information are accurate on our web site, if we discover any pricing errors before we process your order, you will be notified immediately with the option to re-submit your order at the correct price or cancel the order. The product pricing shown does not include shipping charges for related products such as wearable tracking devices, which vary depending on the destination & method chosen. Shipping charges are indicated at the order completion stage.

Service Availability

All iTracked services are subject to availability and can change prior to delivery without notice. In some locations, iTracked may not be able to ensure a suitable GPS signal or uninterrupted communications. iTracked will not be held liable for failure to deliver the service where such communication failures are not the direct responsibility of iTracked.

If an unforeseen communication failure should occur, iTracked will make every reasonable effort to ensure that all subscribed users that may be impacted by a communication failure, will be notified by phone or email and given the option to either cancel their order or substitute an alternative service at a lesser, equal but not greater price. Any service availability information supplied on our website is an estimate only. If the desired service on your order is not available at the time or in the location selected, we will contact you to arrange an alternative service or solution.

Payment

Purchases by end users of the iTracked service may be made with the tour, lesson or event organiser.

Purchases can be made using Credit or Debit Cards via the iTracked secure server, and no credit card details are stored by us. All credit card orders are subject to validation and checks with the card-issuing bank. ITracked will not be liable if your order is delayed due to these checks. Orders for iTracked services can only be accepted from the cardholders themselves. Where iTracked wearable devices are purchased, the products can only be shipped to the billing address of the cardholder unless we are informed or authorised otherwise by the card- issuing bank. Any payments for subscriptions, whether GPRS or satellite, are required in advance to activate the service & are not refundable unless we are able to claim reciprocally from the service provider or because of negligence leading to a failure of iTracked to provide a reasonably acceptable service.

Refunds

If you are eligible for a refund because of non-delivery or any other reason, it will be credited to the card you originally used to make the purchase. Please note that although the refund transaction will be commenced when the amount is verified by iTracked, normally within two days, refunds can take up to 30 days depending on your card issuer. If the original card is no longer valid, please notify us immediately so that alternative arrangements may be made.

Security

All payments made via our website use a secure server to protect the cardholder, and no personal financial details are held by us after the transaction is completed.

Service Delivery

Whether payment for iTracked services is made directly to iTracked via our website or through a reseller of the iTracked service such as a outdoor activity club, school, event organiser, venue or destination, iTracked make every reasonable effort to ensure continued and reliable wireless communication services via the iTracked mobile application or iTracked wearable tracking devices. iTracked will not be held responsible for communications failure caused by technological or weather or any other factor that is outside the direct control of iTracked administration.

It is a clear term of use that all and any users, whether adult or child, individual or organisation, will not hold iTracked responsible for any accident, injury or loss sustained by any person whether a subscriber or not, of the iTracked services. Because of the inherent limitations of wireless communications coverage in some areas, iTracked will not be responsible for a lack of signal regardless of consequences. Because of the inherent limitations of mobile communications devices, iTracked will not be held liable for any failure of the iTracked app or the mobile device to receive or transmit any signal at any time during the user’s subscription. I tracked will not be held liable for any communications failure caused by lack of battery power in any subscriber’s mobile device.

Warranty

ITracked warrants that any wearable devices supplied and connected to the iTracked service will be free from defects in materials and workmanship and be of satisfactory quality according to the stated product specification. iTracked shall not be held liable for a breach of the warranty unless the user provides iTracked with written notice of the defect within 7 days of receipt. If the defect is as a result of damage in transit, the user must notify the carrier as soon as they notice the defect. iTracked must be given a reasonable opportunity after receiving a warranty claim to examine such faulty or damaged products.

iTracked Ltd will only be liable for reasonable, return shipping costs if:

1. The product is found to be defective at the time of the commencement of use or within 24 hours of delivery (whichever is the earlier)

2. The user reports such defect within 7 days of the time they discover the defect

3. Prior to the shipment of the defective product the user obtains written authorisation for the shipment from iTracked.

ITracked Ltd shall not be liable for a breach of any of the warranty if:

• The user makes any further use of such products after giving notice to iTracked

• The defect arises because the user failed to follow ITracked’s oral or written instructions as to the downloading, storage, installation, commissioning, use or maintenance of the products or (if there are none) good trade practice

• The user alters or attempts to repair such services or products without the written consent of ITracked.

Subject to the above conditions, if any of the Products do not conform with any of the warranties iTracked shall at its option repair or replace such Products (or the defective part) or refund the price of such Products at the pro rata rate provided that, if ITracked so requests, you shall, at your own expense, return the Products or the part of such Products which is defective to ITracked. Any product returned will belong to iTracked Ltd and any repaired or replacement product will be guaranteed on these terms for the unexpired portion of the stipulated period.

Service Cancellations

Direct subscribers of the iTracked service have a right to cancel the order within 7 days prior to service commencement, as required by the UK 'distance selling' regulations. However, if the user has received a wearable device or other related product from iTracked, the user will be liable for the cost of returning the product back to iTracked before the cancellation is complete. All goods must be returned unused, complete and in the original packaging and condition they were supplied in together with any accessories provided with the product (all parts, cables, etc must be sealed). All goods must be returned with the original proof of purchase or the order reference.

Limitation of Liability – General

All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Products Act 1979) are excluded from the Contract, to the fullest extent permitted by law. iTracked Ltd total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the contract price for the products. iTracked shall not be liable to the customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of or in connection with the supply of product.

Limitation of Liability – Cellular & Satellite Airtime Services

iTracked acknowledges and all and any users of iTracked services and products acknowledge that the availability of Airtime Services, either cellular or satellite, and in particular the ability of any particular product to send and receive messages is affected by various factors including geographical position, environmental conditions, satellite or cellular coverage, network availability or operator error. Consequently, iTracked excludes all liability of any kind for any losses of whatsoever nature suffered as a consequence of a product being unable to send or receive messages due to conditions beyond our reasonable control. iTracked will make every reasonable effort to rectify any problems directly with customers when downloading, installing or commissioning products, to resolve network, transmission or other technical issues that are within iTracked’s power to resolve.

Web access & server availability

Individuals or organisations purchasing a subscription for iTracked services are able to view the current status of their tracking device via their user login on the iTracked site. The iTracked tracking server can be accessed from any internet-connected device, including desktop & tablet computers.

An additional iTracked mobile application provides a summary of last tracking events for phone handsets. All device data is maintained on a secure server to protect customer details & ensure reliability of the service. Track history records are available online for one month, then automatically archived off-line for retrieval on request.

Subscriptions

This includes GPRS data, SMS messaging & software updates, based on any agreed subscription period. At the end of each subscription, they can either be renewed, or suspended for up to 6 months, during which time the user’s account & track history will be stored. A renewed subscription re-activates the user’s existing account with the same login credentials, image and details.

Data Protection

iTracked may email subscribers where such consent has been given with product or service updates and extensions. Consent for these notifications may be withdrawn by the subscriber at any time without notice period. Note: These terms and conditions do not affect your legal rights and we reserve the right to change these terms and conditions at any time without prior notice.