Terms of Use for Intelizzz in the UK
Terms of Use for Intelizzz in the UK
- Welcome to Intelizzz
1.1 These are the terms and conditions (Terms) that govern our supply of services and devices to you, and your use of those services and devices. Please read these Terms carefully and make sure you understand them. You will be deemed to have agreed to be bound by these Terms when you set up an Intelizzz account. Depending on how you are reading these Terms you may be presented with the option to click on a button marked “I Accept” at the end of these Terms to acknowledge that you have accepted them in this way.
1.2 Nothing in these Terms shall affect your statutory rights as a consumer. Advice about your stator rights as a consumer is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Changes to these terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to our website at www.intelizzz.co.uk. Your continued use of our services and devices after posting will be deemed acceptance of any changes.
- Our company
Intelitrack Ltd. is a company incorporated in England & Wales with company registration number 09870698. We trade as “Intelitrack” and “Intelizzz”. Our registered address is at Suite 36, Hardmans Business Centre, New Hall Hey Road, Rossendale BB4 6HH. Our VAT number is 233390229. You can contact us by telephone on +44 (0)333 358 0398.
- Key terms
Whilst all of these Terms are important we would particularly like to bring your attention to the following clauses:
- Clause 7 – Refunds
- Clause 10 – Limitation of liability.
- Definitions
5.1 In these Terms:
“Agreement” means the terms and conditions set out in this document;
“Application” means the software required to use our device and services accessed through electronic platforms;
“Equipment” means any Intelitrack physical equipment or devices;
“Service” means the recovery support services provided by us for Thatcham certified devices used in the UK;
“Terms” means the terms and conditions set out in this Agreement;
“Vehicle” means the vehicle into which you have installed the Equipment;
“You” means the person, firm or company who created the account with us.
5.2 References to Clauses are to the clauses set out within this Agreement.
5.3 Headings to Clauses are included for ease of reference and should not affect the interpretation of this Agreement.
5.4 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
5.5 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the meaning of the words before those terms.
5.6 A reference to “writing” or “written” includes e-mails but not faxes.
- Equipment
6.1 You will arrange for the installation of the Equipment into your Vehicle.
6.2 We will have no liability whatsoever if you are unable to locate your Vehicle using the Equipment and Service due to:
6.2.1 A fault or discrepancy in the installation of the Equipment. This includes faults in the positioning of the Equipment in the Vehicle that causes the Equipment not to properly transmit or receive signals. It is your obligation to ensure that you or whoever you choose to install the Equipment is aware of its installation requirements;
6.2.2 Any network/mobile connection issues and/or the frequency of any message content generated by the Equipment;
6.2 We will not be liable for any act, omission, direct or indirect loss or damage caused during the course of the installation of the Equipment. All such loss or damage will be the responsibility of the installer.
- Refunds
7.1 Unless proven faulty a refund will only be issued on Equipment if it is returned to us within the statutory refund period, with any seals unbroken and in a re-saleable condition, accompanied by information as to the location of purchase.
7.2 You will be responsible for all costs incurred in returning Equipment to us.
7.3 We will usually process any refund due to you as soon as possible and, in any event, within 30 days of the date on which we confirm to you safe receipt of the Equipment and entitlement to a refund.
7.4 We will refund any money owed to you using the same method of payment used by you to pay us.
- License to use the Equipment
8.1 We are the owner or the licensee of all intellectual property rights in the Equipment.
8.2 Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to use the Equipment for personal non-commercial use only.
8.3 Any tampering, misuse or negligence in handling or use of the Equipment, including any practice which results in conditions exceeding the design tolerance of the Equipment, immediately revokes the license granted to you in clause 8.2 above and renders any warranty void. Furthermore, the license is immediately revoked and any warranty is immediately void if you, at any time, attempt to make any internal changes to any of the components of the Equipment.
- Suspected theft or loss of your Vehicle
9.1 If you become aware or suspect that a Vehicle has been stolen we recommend you immediately:
9.1.1 telephone or otherwise notify the Police and obtain a Police Crime Reference Number or equivalent reference in respect of the theft;
9.1.2 Then inform the Service of the theft via the number on our website. You will need to quote the Police Crime Reference Number, your user name and security PIN obtained through our website and ideally indicate the Police station you notified. We will then at our discretion, verify with the Police that the Vehicle has been notified as stolen and, if so, we will support them in locating your Vehicle.
9.2 Neither we nor the Police will be liable for any damage of whatever nature arising as a consequence of or incidental to your failure to follow the above steps or any other instructions issued by us and/or the Service.
9.4 It is your responsibility to inform us and the Police that your Vehicle has been recovered.
9.5 You shall only use the Service to notify us in the event that you genuinely believe that the Vehicle has been stolen. In the event that you do not comply with this Clause 9.5 we reserve the right to charge you for any work we undertake due to your incorrect use of our Service.
- Limitation of liability
10.1 Subject to Clauses 10.2 to 10.6 (inclusive) below, if either of us fails to comply with the Terms set out in this Agreement, neither of us shall be responsible for any losses that the other suffers as a result.
10.2 We do not accept any liability to you or to others in connection with this Agreement for:
10.2.1 loss of income or revenue;
10.2.2 loss of profit;
10.2.3 loss of business;
10.2.4 loss of anticipated savings;
10.2.5 loss of goodwill/reputation;
10.2.6 loss or corruption of data;
10.2.7 any waste of time;
10.2.8 loss or failure of any Equipment.
10.3 We shall also not be liable for any loss or damage caused by:
10.3.2 a Vehicle being stolen;
10.3.3 the operation of the Equipment being adversely affected by physical features such as underpasses, atmospheric conditions and other causes of interference beyond our reasonable control.
10.4 We can give no guarantee that the Vehicle will be successfully located or recovered or that the Equipment will work in adverse conditions. The operation of the Equipment and the Service in accordance with this Agreement depends to a large extent upon the operation of the digital cellular telecommunications technology with which the Equipment operates. It is possible that this will not work in all parts of the world.
10.5 Nothing in this Agreement excludes or limits our liability for:
10.5.1 death or personal injury caused by our negligence;
10.5.2 fraud or fraudulent misrepresentation;
10.5.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
10.5.4 any deliberate breaches of this Agreement;
10.5.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.6 You agree and acknowledge that purchase and installation of the Equipment and the provision of the Service do not in any way mitigate your duty to obtain adequate insurance for the Vehicle.
- Transfer of rights and obligations
11.1 This Agreement is personal to you and relates exclusively your use of our Equipment and Service.
11.2 You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without our prior written consent (such consent not to be unreasonably withheld or delayed).
11.3 The Agreement between you and us is binding on you and us and on our respective successors and assignees.
11.4 We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement so long, when applicable, we can show that we reasonably believe that the party to whom we are disposing of the Agreement to can provide you with materially the same level of service.
- Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“Force Majeure Event”).
12.2 We will take all commercially reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
12.3 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes:
12.3.1 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.3.2 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.3.3 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.3.4 impossibility of the use of public or private telecommunications networks;
12.3.5 the acts, decrees, legislation, regulations or restrictions of any government; and
12.3.6 pandemic or epidemic.
12.4 Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
- Our right to vary this Agreement
13.1 We have the right to revise and amend this Agreement from time to time to, for example, reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our Equipment's capabilities.
- Written communications
14.1 When using our Equipment and/or Service, you accept that communication with us will be electronic.
14.2 We will contact you by e-mail or provide you with information by posting notices on our website.
14.3 You agree to this electronic means of communication and you acknowledge that all contacts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
15 Notices or complaints
15.1 If you are dissatisfied with the Equipment or the Service, please notify us in writing as soon as you after the occurrence of the event you are complaining about. Please send this to the registered address set out in clause 3 above.
- Data protection and privacy
16.1. In this clause 16:
16.1.1 “DPA” refers to the Data Protection Act 2018 (as amended, extended or re-enacted from time to time and including any subordinate legislation made under the DPA);
16.1.2 “GDPR” refers to the EU General Data Protection Regulation (2016/679);
16.1.3 “ICO” refers to the Information Commissioner’s Office;
16.1.4 terms relating to data privacy/protection (but not otherwise defined) such as personal data, data controller, data processor and process shall have the meanings given to them in the DPA or the GDPR (as applicable).
16.2. You expressly appoint Intelitrack as a controller and processor of your personal data, through our provision of the Equipment and the Service for the purpose of asset location and recovery, on the terms set out in this Agreement. In the ordinary course of providing the Equipment and Service personal and location data shall be processed by us relating to data subjects installing, registering and using the Equipment and the Service (for the purposes set out in this Agreement).
16.2. We warrant to you that:
16.2.1 All personal and location data processed by us in connection with the Equipment and the Service shall be processed in accordance with the DPA and the GDPR, our privacy policy (available at http://www.intelizzz.co.uk/privacy-policy, to the extent it complies with the DPA and the GDPR), the terms of this Agreement and your written instructions (from time to time);
16.2.2 We shall maintain a valid and subsisting registration with the ICO for the duration of the time which we control and/or process any personal and/or location data pursuant to this Agreement;
16.2.3 All our staff who have access to any personal and/or location data under or in connection with this Agreement: (a) are appropriately trained in, and aware of, their obligations to protect personal data, and a data subject’s rights under, the GDPR, and are regulated by our internal data protection, security, retention and breach reporting policies; and (b) are limited to those staff who need access in order to enable performance of the Equipment and the Service; and
16.2.4 All personal and/or location data we process in connection with the provision of the Equipment and the Service are stored and backed up on secure, UK based servers accessible by staff directly and are not transferred to, or processed outside, the EEA at any time.
16.3 We shall process personal and/or location data for the duration of the Agreement and for the provision of the Equipment and the Service only, and shall only retain personal data obtained through registration and use of the Equipment and the Service in accordance with our internal data retention periods of up to 6 months.
16.4 We shall notify you within 24 hours of discovering a personal and/or location data breach (including if any personal and/or location data is lost, destroyed or becomes damaged, corrupted or unusable).
16.5 We shall only share personal data obtained with any third party, such as the police, where necessary in accordance with Clause 9 above or permitted by applicable laws. Any disclosures shall be made subject to us notifying you in writing in advance.
16.6 Full details of how we hold and process information from which we can identify you or any third party are set out in our Privacy Policy.
- General
17.1 If the whole or any part of any provision of this Agreement is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement and shall in no way affect the validity or enforceability of any other provisions.
17.2 This Agreement is not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
17.3 This Agreement and/or your use of the Equipment and/or the Services shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute that may arise.