Terms and conditions
Use of, and purchase of Goods by means of, this website and use of the Trackplot service is subject to your compliance with these Terms and Conditions. Please read these carefully.
- Understanding these Terms and Conditions
- Creating and accessing a Trackplot Account
- Sale and Purchase of Goods
- Your obligations
- Training & support
- Your data
- Our data
- Renewing your Trackplot Account
- Closing and suspending Trackplot Accounts
- Disclaimer and your liability to us
- General legal matters
What we mean: To ensure that the meaning of these Terms and Conditions is clear, we have listed below some of the words which we use which have specific meanings:
“Goods” means any goods or equipment that you agree to buy from us whether for use in connection with the Service of otherwise.
“Trackplot Account” an online account which provides access to the Service.
the “Service” the personal and/or vehicle and/or asset tracking service provided by us via the password protected section of this website.
“we”, “our” and “us” the providers of the Service, being Trackplot Limited incorporated under the Companies Acts in Scotland (No SC360048) and having our registered office at 54 Timber Bush, Edinburgh, EH6 6QH, Scotland.
“you” you, the person who accesses and uses this website and/or purchases any Goods and/or uses the Service.
How to apply: In order to access and use the Service, a Trackplot Account must first be created. You can apply for a Trackplot Account to be created by emailing us at firstname.lastname@example.org.
Refusal: We reserve the right, at our discretion, not to accept an application to create a Trackplot Account.
Formation of a contract: If we accept an application for the creation of a Trackplot Account, we will confirm this by email and at that point a legally binding contract relating to use of the Service will be created between you and us. If you apply for a Trackplot Account to be created on behalf of any other person, you must ensure that you are authorised to enter into this contract for and on behalf of that person and by making this application you confirm to us that you are so authorised. The contract will be concluded in the English language and the provisions of these Terms and Conditions shall govern our agreement with Your Business and with you.
Price and Payment: An application for the creation of a Trackplot account cannot be accepted until payment is made in full by subscription to our range of Annual Subscription plans. Annual Subscriptions may be cancelled by giving notice in writing to us, but refunds will not be given for any unused part of the subscription.
Products: You may purchase various products the details of which are set out on the website.
Formation of a Contract: Upon receiving your order by email, we will issue an email acknowledgement to you. Upon receipt of this acknowledgement e-mail, a legally binding contract is formed for the sale of the Goods detailed in this email between you and us. If the acknowledgement e-mail relates to only part of your order then that legally binding contract will be formed only in relation to the Goods to which it relates.
Price and Payment: The price of the Goods shall be the price set out in your contract, except in case of obvious error. In case of obvious error, no obligation will attach to us to provide Goods on the terms of an incorrect listing even after an acknowledgement e-mail has been sent where the error could reasonably have been identified by you as a listing error.
- The price of the Goods is exclusive of the costs and charges of packaging, insurance and transport, which are payable separately by you on the terms set out on the website.
- The price of the Goods quoted is exclusive of Value Added Tax unless otherwise stated.
- No order will be accepted until payment in full is made. The forms of payment that we accept are detailed on our website.
Delivery: We aim to deliver the Goods to you at the address supplied within 7 days of despatch of the acknowledgement e-mail, but within 30 days of your order at the latest. Ownership of the Goods passes to you after delivery has been made and the Goods are then held at your own risk and we will not be liable for their loss of destruction.
Cancellation: You are entitled to cancel your order at any time within seven working days of receipt of the Goods. We must be informed in writing and you must immediately return the Goods to us in their original packaging at your cost and risk. The cost of any subscriptions that you have instructed us to activate cannot be refunded. If we do not receive the Goods back from you we may arrange for collection of the Goods from you at your cost.
Refunds: In the unlikely event that there are any errors with your order or that any Goods are damaged or defective, please contact us as soon as possible after delivery. We will then arrange for collection at our cost and make good any errors in your order, replace or repair any defective products, or offer a refund.
Restrictions on use: You must:
- Own account: only access the Trackplot Account which has been allocated to you;
- Legitimate use: use the Service (including any materials obtained from this website) solely for legitimate purposes.
Prohibited conduct: You must not:
- Disruption: do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or our website generally or which is likely to interfere with any other party’s use or enjoyment of the Service;
- Unauthorised access: use the Service for the purpose of accessing any content which you should reasonably suspect you are not authorised to access; nor
- Dispute IP: question or dispute our ownership of the intellectual property rights in the Service and this website.
Prohibited material: You are prohibited from submitting any material to us via the Service or otherwise which is or which links to or refers to any material which:
- Objectionable: is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic or otherwise sexually explicit, blasphemous, profane, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing from time to time in the United Kingdom;
- Illegal: is unlawful or which encourages the commission of a criminal offence;
- Infected: contains a virus, worm, trojan or other hostile computer program; or
- Breaches rights: infringes any intellectual property rights or data protection rights of any third party.
Security: You are ultimately responsible for administering and safeguarding any passwords created to control access to its Trackplot Accounts: please keep any password issued to you secure.
Set up and establishment: we provide support and training in the establishment of the Service and where we have agreed to do so will confirm by email the arrangements to apply and the costs of that support and training which costs will be payable by you within 30 days of receipt of our invoice.
Ownership of your data: You retain ownership of any copyright, database rights or other intellectual property rights you have in any data transmitted using the Service: ownership of your rights in this data is not transferred to us.
Our right to use and share your data: By transmitting any data using the Service, you grant an irrevocable, worldwide, royalty-free, non-exclusive licence to allow us to:
- Service provision: use the data for the provision of the Service (and share the data with our service providers and those authorised by you for this purpose);
- Legal requirements: share your data with any third parties where we are required to do so by law; and
Personal data: For information about use of personal information about you, please see the “Data Protection” section of our website.
Ownership of our data: All copyright, database rights, trade marks and other intellectual property rights in the Service and in this website generally are either owned by or licensed to us and nothing in these Terms and Conditions shall transfer any ownership rights to you or to Your Business. The words “Trackplot” and “Trackplot – Mapping Mobile Assets” are trade marks of Trackplot Limited.
Your right to use our data: You are permitted to retrieve and display content from this website on the device from which you initially accessed or downloaded it solely for the purpose of using the Service in accordance with these Terms and Conditions or for the purpose of assessing whether to obtain such services from us (and you may print copies of such content solely for these purposes.)
Restrictions on use of website content: You may not (and may not permit others to):
- Modification: modify any documents or related graphics obtained via this website in any way (unless we grant you written permission to do so);
- Ownership notices: remove, obscure or otherwise disassociate any of our copyright or trade mark notices from any copies of this website’s content; nor
- Unauthorised: otherwise use any of the content from this website in any manner not expressly permitted by these Terms and Conditions (and for the avoidance of doubt, you must not distribute nor publicly display any content from his website for any purpose not connected with animal health planning).
Linking to this website: You may only create a link to our website homepage at https://trackplot.com on the condition that you do not do any of the following:
- Framing: create a frame or any other browser or border environment around this website;
- False endorsement: in any way imply that we are endorsing any products or services other than our own;
- Misrepresentation: misrepresent your relationship with us nor present any other false information about us; or
- Unsuitable: create a link from a website which contains content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
You may not create any link to any other page of this website, nor frame it, without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
To ensure a seamless service to customers, your Trackplot Account will automatically be renewed by us on an annual basis, unless you instruct us not to renew. If you do not wish to renew, you must advise us a maximum of 2 weeks before the renewal date.
Closure by us without cause: We reserve the right to close any Trackplot Account for any reason, by giving 24 hours notice. If you cease to pay any subscription due, we reserve the right to close your Trackplot Account without notice. We may also discontinue any feature of the Service immediately without notice.
Suspension while breach is investigated: If we reasonably believe that your Trackplot Account is being used in any way which is not permitted by these Terms and Conditions, we reserve the right to suspend your access to the Service immediately, until the issue has been resolved to our reasonable satisfaction.
Closure on breach: If you fail to abide by these Terms and Conditions, we reserve the right to immediately cancel your Trackplot Account(s) without notice. We may also permanently ban you from accessing and using the Service. Upon closure of your Trackplot Account(s), you must promptly destroy all materials obtained via the Service, save where retention is required by law.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of the Service. It also requires you to compensate us for any loss we suffer as a result of your failure to comply with these Terms and Conditions.
What you are liable for: You shall be held jointly and severally liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms and Conditions by you.
What we are liable for: We do not restrict our liability (if any) for:
- personal injury or human deaths resulting from our negligence;
- any other matter which it would be illegal to limit or to attempt to restrict.
Exclusion of our liability: You use this website and the Service entirely at your own risk. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Service or the website generally (even if we have been advised of their possibility). For the avoidance of doubt:
- Errors: The information on this website is not intended to constitute professional advice. We exclude all liability for errors or omissions from information, materials or functions in or of the Service.
- Service standard: The Service is provided “as is”. We make no guarantee that the Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Service.
- Disruptions: We will try to keep disruptions to a minimum but we may suspend the Service from time to time to carry out maintenance and support work and to investigate unauthorised use. We exclude all liability for business interruption resulting from the use or inaccessibility of the Service.
- Your information and third parties: We exclude liability relating to information provided by you or by other users of the Service which you rely on or otherwise make use of. It is your responsibility to ensure that all information entered into this website by you is entered accurately and where it should be updated that such updating takes place. We exclude liability for misuse by third parties of information provided to other users of the Service. We also exclude liability relating to your collaboration with any third party as a result of using the Service or connected with any hyperlink on this website.
- Indirect damage: In no event will we be liable to you for loss of profit, indirect or consequential damages.
- Implied terms: We exclude liability for breach of any conditions implied by law (including without limitation any conditions of accuracy, security, completeness, satisfactory quality, fitness for purpose, non-infringement of proprietary rights outside the United Kingdom and the use of reasonable care and skill) which but for these Terms and Conditions might have effect in relation to the Service.
Time limit on claims: In the event that our liability cannot be excluded, where permitted, we shall not be liable for any claims which you fail to notify us of within 12 months of your first Trackplot Account being created.
Entire agreement: These Terms and Conditions describe the entire agreement between you and us regarding the Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.
Changes to this contract: We reserve the right to change these Terms and Conditions from time to time and therefore we may impose new or different Terms and Conditions on your use of the Service. These additional terms will be posted here on this website and will be effective immediately. Your continued use of the Service will be deemed to constitute acceptance by you of all of the new terms. These Terms and Conditions may not otherwise be changed without our written consent.
Unsolicited email: You agree not to send unsolicited e-mails for the purposes of advertising or market research to the e-mail addresses provided on this website.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms and Conditions to another party. You may not transfer any of your rights or obligations under these Terms and Conditions without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms and Conditions, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms and Conditions turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms and Conditions shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the Service.