Terms and Conditions
AcuTrac Ltd Terms and Conditions
For ease of reference, these terms and conditions have been sub-divided into four sections but should be considered as a single document;
1. General
2. Web Site/Privacy Policy
3. Purchase of Main Acutrac Device(s), Delivery, Warranty and Returns
4. Purchase of SMS MessagesPlease read these terms and conditions carefully.
They set out the terms under which Acutrac products and services including the SMS Service (i.e. the receipt of data and subsequent sending of text messages and any related services) operated by Acutrac Ltd is made available to you. They do not affect your statutory rights;
1. General Terms
1.1. These terms and conditions and all transactions relating to this website are governed by English law and are subject to the non–exclusive jurisdiction of the English courts. We do not accept amendments to these terms and conditions.
1.2 Additional terms and conditions may apply for our added value services and offers such as, but not limited to, prize competitions, online bidding and pre–release orders. If so, you will be alerted to them at the relevant juncture.
1.3 These terms and conditions only cover the products and services of Acutrac Ltd. Any other websites to which you link to from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites, which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.
1.4. By accessing the SMS system and using the SMS Service or by accessing or using the website or purchasing a product or service (e.g.: device or SMS) from Acutrac Ltd you agree to be bound by these terms and conditions.
1.5 These Terms and Conditions belong to Acutrac Ltd ("Acutrac Ltd", "we" or "us" or "our"). If you have any questions or comments with regard to these terms and conditions please contact us by either email: termsandconditions@acutrac.co.uk or telephone: +44 (0)870 240 3257 (Monday–Friday, 10.00 to 16.00 UK time).
1.6 We may need to alter or amend these terms and conditions from time to time. Any such amendments shall be effected by making them available on our web site at www.acutrac.co.uk. Any changes will occur on the date they are posted onto the site. You will be asked to read and accept the terms and conditions each time you place an order, this ensures you are aware of the most current changes made to them. We may also in the same way extend these conditions to include other conditions applicable to specific products or services offered by Acutrac Ltd from time to time.
1.7 If any provision of these conditions is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.
1.8 These conditions shall be deemed to be a contract made in England and these conditions and your use of the SMS Service are subject to English law and the jurisdiction of the English courts. Our contact Address is;
Acutrac Ltd, 15 Glenmore Business Park, Colebrook Way, Andover
SP10 3GQ United Kingdom
2. Website
These terms and conditions apply to all transactions relevant to this site which is owned and operated by Acutrac Ltd.
2.1 Acutrac Ltd own(s) the copyright, trademarks and other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non–commercial use. Any other use or reproduction of the material or content is strictly prohibited.
2.2 You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
2.3 We reserve the right to make changes to our site, policies, and these terms and conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unforeseen, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
2.4 While we will use reasonable endeavours to verify the accuracy of any information we place on the Acutrac Ltd website, we make no warranties, whether express or implied in relation to its accuracy.
2.5 We accept no liability for or make any warranty that the website will meet your requirements or will be uninterrupted, timely or error–free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Acutrac Ltd website. Privacy Policy
2.6 Acutrac Ltd is committed to protecting your privacy, and at the same time we endeavour to use any data we collect from you to provide the best possible service. This privacy policy describes how we collect and use your personal data.
2.7 This Acutrac Ltd site is a UK based website and takes all reasonable care to comply with requirements of the UK Data Protection Act 1998 with regard to the personal information you supply on this site. The Acutrac Ltd site uses a security system that protects your information from unauthorised use.
2.8 However, as no data transmissions over the Internet can be guaranteed to be 100% secure we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
2.9 We may occasionally modify this Privacy Statement, such variations becoming effective immediately upon posting to the website and by continuing to use the website, you will be deemed to accept any such variations.
2.10 Please note that we do provide links to other sites, which may not be governed by this Privacy Policy and you should view the particular privacy policies of those sites for further information.
Data collection via web forms & email
2.11 This site collects personal data from you via web forms, and also via email addresses we provide so that you contact us with enquiries and send us your details.
2.12 You submit information using these methods voluntarily, and agree to the use of the personal data you provide as described in this policy.
2.13 If you give us personal information about somebody else, we will assume you have their permission to do so, and their data will also be subject to this policy.
Data collection via cookies
2.14 We may also collect personally identifying information using cookies. Sometimes cookies are required as part of this site’s operation. We will not collect personal data about you using cookies outside of this purpose.
2.15 If you prefer not to allow the use of cookies, you can change the configuration of your browser to either warn you when you receive a cookie, or to automatically reject them. You may find, however, that disabling cookies means certain areas of the site do not function correctly.
Data usage
2.16 Acutrac Ltd will use the data you supply to answer an enquiry or to administer an ongoing commercial relationship.
2.17 We will also use your data to tell you about changes to the site, new information, or products and services offered by Acutrac Ltd that we think you will find valuable. You can choose not to receive this information by sending an email to termsandconditions@acutrac.co.uk with the subject 'Please remove me from mailing list'.
2.18 We do not share, sell, trade or rent your personal data outside of the Acutrac Ltd group. We may choose to do so in future with selected third parties whose products and services we think you will find interesting. You can choose not to receive this information by sending a blank email to info@acutrac.co.uk with the subject ‘No 3rd Party Information.
3. Purchase of AcuTrac Device(s), Delivery, Warranty and Returns
Pricing Conditions
3.1 All prices and charges on this site are shown in UK pounds sterling. They include any VAT payable, if applicable, but exclude delivery charges.
3.2 The total cost of your order will be the price of the products you order, any additional services you choose (e.g. Saturday delivery), plus the applicable delivery charge. All these will be set out clearly in your Shopping Basket before you submit your order.
Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable, we may offer you an alternative but will contact you to prior to dispatch.
3.3 We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
Product Warranty
3.4 The Acutrac device is warranted against faulty workmanship/components for two years from the date of initial registration with the registration form on the web page. Acutrac Ltd will repair or replace any faulty item at our discretion. The warranty does not extend to consequential loss, including, but not limited to, "loss of asset" and AcuTrac recommends the owner have their own theft Insurance in place. Acutrac will not consider claims for “loss of asset” due to theft of that Asset and Acutrac not being able to locate the Asset. The Tracking device is dependent upon web and SMS providers, and a failure in any link will result in failure of the system as a whole. Your statutory rights are not affected.
Returns and Refunds Policy
3.5 If you need to return a product purchased from Acutrac Ltd then you have 14 days to do so.
3.6 The returned goods must be in a resalable state (i.e.; new and unused) and any goods or accessories including all documentation that accompany the returned product must also come back to us. The goods should also be returned with their original packaging, packing and accessories. If the return is due to missing or faulty parts then we will offer a full refund or replacement provided we are aware of this within 5 working days.
3.7 Any refund, which is due to a fault or other defect, will include a refund of the applicable delivery charge. Please post returns to Acutrac Ltd at the address shown in section 1.This returns policy does not affect your legal rights.
Cancellation of Orders
3.8 You are able to cancel your order prior to shipping with no cost penalty being incurred and full credit of your account if monies have already been taken. Cancellation must be in writing, by either email by following the links on the Acutrac Ltd website, or by sending a fax to +44 (0)1264 359933.
Delivery and Postage Information
3.9 Delivery can be to any address as long the address at which your payment card is registered is also present on your order. Acutrac Ltd will deliver worldwide, though areas outside of the UK will have higher delivery costs. All deliveries must be signed for (except items sent by post and which are small enough to be put through your letterbox). Please make sure you keep the receipt enclosed with your goods.
3.10 When you add products to your Shopping Basket, the appropriate delivery charge will be added automatically. You will always be able to see this charge before submitting your order.
3.11 All delivery timescales are subject to product and delivery slot availability. Small parcels may be delivered via Royal Mail. Delivery is next working day subject to availability. Delivery may take up to ten working days.
3.12 The contents of your order and your delivery postcode area will determine which delivery services you will be offered.
3.13 We do not deliver to International Post Office (P.O.) boxes or shipping agent addresses.
We will select the most appropriate carrier for your goods. This means your delivery may arrive in more than one batch to ensure your order is transported in the best possible way.
3.14 Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the company shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer.
3.15 Deliveries will be attempted at your chosen address on the following day if the first delivery was unsuccessful. If your delivery was unsuccessful on the second attempt then a card will be left at your address allowing you to contact the delivery service and arrange a collection, you may pay an extra £10.00 for a third attempt on delivery. If you cannot collect your goods within five days or have not paid for the re-delivery then it will be returned to Acutrac Ltd. All returned orders to Acutrac Ltd will be refunded via the method of payment, you will incur a £19.99 charge for the attempted deliveries.
4. Purchase of SMS messages Registration
4.1The details provided by you to Acutrac Ltd are important and must be true, accurate and complete. You agree to notify us immediately of any changes which are relevant to you by informing us by email at sms@acutrac.co.uk Your Personal Information
4.2. We will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force. We will not divulge your details to any third parties or marketing companies except where required for operation/delivery of the service.
4.3 As an SMS Service user you agree that we may contact you by email and/or text messages in order to keep you informed of any service related issues affecting your use of the SMS Service. Our Obligations to SMS Service users
4.4 We will use our reasonable endeavours to maintain the SMS Service in a satisfactory operating condition. As we cannot guarantee that this will always be the case we do not accept responsibility for any interruptions or failures in the SMS Service or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access or use the SMS Service. We will not refund any SMS messages purchased. The Contents of the SMS Service
4.5 The SMS Service is provided without any warranties or guarantees unless specifically stated.
4.6 Your dealings with, and interest in, promotions, services, or merchants found on or via the SMS Service are solely between you and the person or company with whom you are dealing unless expressly stated to the contrary by us. We will not be responsible for any loss or damages that may arise from any such dealings. You must NOT use the SMS service to mis-represent yourself or anybody else. Any accounts found to be using messages and falsely putting a Sender ID as someone else’s mobile number or name will be terminated immediately with NO refunds and your details may be reported to the police and any relevant authorities.
4.7 We may provide - or merchants and content providers found on or via the SMS Service may provide - links to other web sites or resources. We are unable to accept responsibility for these web sites or resources, neither can we be deemed to have endorsed their content, products or services merely because they were notified via the SMS Service.
4.8 Acutrac Ltd makes all reasonable efforts to ensure that all information provided by us within the SMS Service is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of which Acutrac Ltd excludes all liability. Acutrac Ltd makes no representations or warranties about the information included in the text message. Any decisions based on the information sent are your sole responsibility.
4.9 Information provided by Acutrac Ltd does not constitute legal or professional advice and should not be relied upon without taking independent advice.
4.10 Acutrac Ltd, its affiliates, information providers or content partners do not provide any warranty as to the timeliness, accuracy or completeness of the information contained within the SMS Service. Nature of the SMS Service
4.11 We recognise that the internet is not a completely secure medium of communication; Acutrac Ltd is not and will not be responsible for any damages the user may suffer as a result of the loss of confidentiality of such information.
4.12 We reserve the right to suspend, restrict, or terminate your access and or use of the SMS Service without notice, for any reason, including non payment of any monies due and in particular if your use of SMS causes or is likely to cause the whole or part of the SMS Service to be interrupted, damaged, rendered less efficient or in any way impaired.
4.13 In order to maintain the integrity of SMS we reserve the right to forward contact details to the police, or other regulatory authorities where requested to do so; we may also forward contact details where a complaint arises concerning your use of the SMS Service and where that use is deemed by us to be inconsistent with these user conditions. Text Messaging - SMS
4.14 Acutrac Ltd charges unit cost per message credit used to send individual text messages. Acutrac Ltd reserves the right to increase the unit cost of messages for all units that have not been purchased in advance and, for those units (credits) already purchased, to use as many as are required to cover the cost of sending the message. Unused credits will expire after 1 month.
4.15 Acutrac Ltd will do its best to ensure successful delivery of all messages. Successful delivery depends on additional parties such as ISP's, telecommunication companies and network operators – worldwide - hence Acutrac Ltd cannot guarantee delivery. Currently, within the UK mobile phone network, one credit allows the user to send or receive one text message, provided that networks do not introduce reciprocal charges. In the event that a network(s) introduce reciprocal charges or message costs increase, Acutrac Ltd retains the right to increase the individual unit cost per message, for that specific network(s) and pass the additional cost on to the user or to utilise more credits to send each individual message. Some routes, such as when roaming, already use more credits as they provide different functionality.Your Obligation to Us
4.16 You agree that you will only use the SMS Service in a manner that is consistent with these user conditions and in such a way as to ensure compliance with all applicable laws and regulations. In particular, you will not use the SMS Service to transmit or post any material which is defamatory, offensive, or of an obscene or menacing character or which may, in our judgement, cause annoyance, inconvenience or anxiety to any person.
4.17 To the extent to which your use, or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child) causes loss or damage to any person, you agree to indemnify Acutrac Ltd immediately on demand in relation to any such losses or damages attributable to Acutrac Ltd, including where necessary any legal and administrative, or technical charges that may arise from such use.
4.18 Where applicable, you are responsible for maintaining the confidentiality of any username and/or password assigned to you by Acutrac Ltd. As a result, you are fully responsible for all activities which occur under them. You must notify us immediately of any unauthorised use of which you become aware by contacting sms@acutrac.co.uk
4.19 You agree that the material and content contained within or provided by Acutrac Ltd as part of the SMS Service is for your use only and may not be distributed commercially without our permission. Your use of the SMS Service carries with it no rights in relation to copyright, trade marks or other intellectual property rights that belong to Acutrac Ltd.
4.20 You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Acutrac Ltd, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Acutrac Ltd grants you a personal, non-transferable, non-exclusive, and revocable right and license to access the SMS Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Acutrac Ltd for use in accessing the Service.
4.21 You must comply with all applicable laws, regulations and network operator requirements. Any complaint from a network operator would be regarded in a very serious light and the service could be suspended without a refund of any monies paid. To protect the integrity of the system, the Client may not send unlawful, obscene, abusive, harassing, threatening or obscene messages. Spamming (unsolicited marketing) is not allowed. Messages sent are stored and can be audited at any time. Users indemnify Acutrac Ltd against any losses suffered in the event that they don't comply to the above. Limit of Liability
4.22 Acutrac Ltd's entire liability to you in respect of all matters associated with the SMS Services shall be limited as follows:-
(a) Nothing in this contract excludes Acutrac Ltd’s liability for death or personal injury arising from the negligence of Acutrac Ltd, its servants or agents.
(b) Nothing in this contract excludes any other liability which is prohibited from being excluded by law.
(c) Except as set out in (a) and (b) above Acutrac Ltd accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages.
(d) Acutrac Ltd's liability for direct losses shall (subject to sub paragraphs (a) and (b) above) be limited to the amount actually paid by you to Acutrac Ltd in the thirty day period prior to the date of the reported breach and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded.
(e) In the event that (c) should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to (a) and (b) be limited to the amounts actually paid by you to Acutrac Ltd in the thirty day period prior to the date of the reported breach.
(f) each of sub paragraphs (a) to (e) above shall be a separate and severable limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.
Force Majeure
4.23 Neither party shall be responsible for failure to fulfil its obligations hereunder to the extent that this results from any cause beyond its reasonable control.
Payment
4.24 Message units and any services provided by Acutrac Ltd are purchased in advance unless another form of payment is agreed with Acutrac Ltd. If you choose to pay by credit or debit card Acutrac Ltd reserve the right to debit your cards when payments fall due (on an automatic basis) or are overdue, without further reference to you. Unused portions of any ‘bulk’ purchase will be lost if unused at the expiry date. SMS purchases cannot be cancelled once the order has been placed and are therefore non-refundable.
4.25 You will be able to adjust your monthly bundles, delete monthly purchases, restart purchases and add a one-time top-up of credits as you wish. Contract Period
4.26 There is no minimum contract period for sending SMS messages provided that you have the message credits to use.
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