Terms and Conditions for Loc8tor GPS Tracking Device Panel
These terms and conditions ("Terms") apply to the provision of tracking panel services by Loc8tor Limited (referred to as "Loc8tor", "we" or "us") to purchasers of any Loc8tor GPS devices sold by or on behalf of Loc8tor from time to time for use with the tracking panel (each a "Device"). The term "you" refers to the end user of the Device who intends to use the Loc8tor tracking panel service provided at: http://www.loc8tor.com,
The Loc8tor tracking panel service is referred to as the "Service".
It is a condition of our providing the Service that you accept these Terms. These Terms and those appearing on our website at http://www.loc8tor.com/terms are the entire statement of the contract between us and you agree that you have not entered into these Terms in reliance on any statement or representation made by or on behalf of us.
Activating the Device
Your Device consists of a GPS tracker, which determines the location of the Device by using signals from GPS satellites, and a GSM mobile phone SIM, which is used to report that location over the mobile phone network of our preferred supplier, to the Service. Accordingly:
1. You accept that the Device must be able to communicate with the appropriate GPS satellites, by line of sight, so the Device will generally not work indoors or where the line of sight is obscured;
2. You also accept that the Device must be in the reception range of our preferred GSM network supplier. If the Device loses connection, the Service will continue to show the last known location of the Device.
In order to activate the Device and use the Service, you must correctly enter in the IMEI and SIM numbers supplied with your Device, in order to set up an account with us. You must also keep the credit on that mobile account topped up. If you enter the wrong numbers, you may end up crediting someone else's account and it is unlikely that you will be able to get that money back. You will also not be able to use the Device with the Service and will not receive alerts or other messages.
We strongly recommend that you check the numbers carefully and then set up an alert and test whether you receive it.
Use of SIM card
If you damage the supplied SIM, you may not be able to use the Service until we send you a replacement. We may charge you for any replacement SIM card.
PLEASE NOTE that the Device and Service are set up to work ONLY with the SIMs we provide. You must not use any other SIM with your Device as it will not work with the Service. If you need to use another SIM, for example because you are using the Device in a country for which we do not supply SIMs, please contact us and we will endeavour to unlock the Device so you can use the Service, in return for a charge. We cannot guarantee that third party SIMs will work with the Device or the Service.
Please note that opening or tampering with the Device, including by replacing the SIM with a third party SIM, may invalidate the warranty (see below).
We warrant to you (provided that you are the original purchaser of the Device) that the Device will be free from significant defects in material and workmanship for a period of 2 years from the date of original purchase as shown on your receipt. Should the Device need to be returned, contact us for a return authorisation number before sending it. The Device should then be sent to us, properly packaged and using a signed-for delivery method, together with proof of purchase. The warranty does not cover Devices which have been subject to abuse or neglect or which have been tampered with or modified (including by changing the SIM card).
If you are a consumer, your statutory rights are unaffected. For further information on your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
As with any GPS or mobile data device, the accuracy of the location information shown on the tracking panel depends on, amongst other things, the quality of the connection between the Device and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information on the tracking panel is therefore to be regarded as being a guide to the location of the Device at the time of the last update received from it, and subject to error. At best, the Device is accurate to around 5 metres.
We do not warrant that the Service will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a fault. We will endeavour to fix faults as quickly as we can.
Accordingly, we cannot accept liability for any loss or damage incurred by you or any third party using your Device, arising from the Service or the Device, from any information displayed as part of the Service or from any unavailability of any of them. Use of the Device and the Service is not a substitute for proper care and supervision of the item to which the Device is attached. It is your responsibility to ensure you have any relevant insurance and to consider and decide whether the Device and Service are appropriate for your needs.
We do accept liability for death of or injury to any person caused by our negligence or arising under the Consumer Protection Act 1987. Apart from such liability, our total liability to you and any third party using your Device, arising out of or in connection with the Device or the Service, and whether in contract, tort (including negligence) or otherwise, will be limited to the aggregate of the price paid for the Device and the most recent charges paid for the Service (if any). We do not accept liability for any indirect or consequential losses, or for loss of profit, business or revenue, whether direct or indirect.
If at any time we believe that you have broken these Terms or the terms of any other agreement with us, or are using the Device or the Service improperly or illegally, we may terminate or suspect the provision of the Service immediately. We will inform you by text or e-mail to the contact details you have given us if we have taken, or intend to take, such action.
Use of information
We will collect personal information about you when you register with us, to enable us to set up an account with us and with our mobile phone provider, and so that we can provide the Service to you. As part of the Service, we will send you SMS, e-mails and other messages and alerts in accordance with the way you have configured the Service and to inform you of changes or problems. It is important therefore that you keep your contact details up to date.
In order to provide the Service, we may store or process your data outside the EEA.
By entering into these Terms, you agree that we may collect, store, use and disclose your data, and contact you, as set out above.
We will not give your information to any third parties for marketing purposes or disclose them to anyone other than as needed to provide the Service or as required by any applicable laws or civil authorities. We will comply with the Data Protection Act and associated legislation.
PLEASE NOTE: you may be breaking data protection and other laws if you use the Device to track a person without that person's consent. We cannot accept liability in respect of any such use, whether with or without consent.
1. You will need to keep your GPS top-up account with us in credit in order to receive the Service. The number of days worth of credits you have left is shown in the bottom left hand corner of the panel. To keep top-up costs down and to reflect the minimum amount needed to be invested to maintain our service a minimum spend is required of £50 per device a year. If you do not top-up the minimum amount within this time period or the device is deemed inactive for more than 5 months your device will be de-activated and any credits lost. There will be a reactivation fee of £12 should you wish to start using the device again. We will contact you before de-activating your device using your e-mail address supplied when ordering.
2. The 50 SMS message allowance which comes with your monthly packages will be refreshed at the beginning of each month you have paid for. The SMS will not be rolled over from one month to another.
3. Should the item be returned and no manufacturing faults found in-line with our manufacturer’s warranty we reserve the right at our sole discretion to charge £15 to be deducted against any top-up credit balance due to cover costs of cancelling the Sim card in the device. Where possible we will endeavor to avoid this.
4. If your account runs out of credit, or a payment is not made on time, we reserve the right to suspend or terminate the Service. If you lose or forget your account access information, then we may not be able to recover any balances and you may need to set up a new account, and purchase a new SIM card from us.
PLEASE NOTE: our SIM cards are set up to work on our selected network within Europe (or such other country as we may have agreed with you at the time of registration) (the "Base Network".). Data roaming charges may apply for using another network or if you use the Device outside Europe. Our roaming and top-up charges for use other than on the Base Network will be clearly published on this website or explained to you at the time of top-up or use on the other network.
Use of the tracking panel Service (starting from the date you register on this site) is included as part of our minimum top-up requirement; should the minimum top-up requirement not be met we reserve the right to make an annual charge, which will be notified to you in advance. VAT and similar taxes may be payable in addition. This charge will not be refundable if you stop using the Service part way through a year.
Governing Law / Jurisdiction
This Agreement will be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.