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Terms & Conditions

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Supply of the Recovery Services

T&Cs for the supply of Recovery Services

These terms may have changed since you last reviewed them
For a list of changes and when they were made, please contact us – support@trakplus.co.uk


Where to find information about us and our recovery servicesInformation about us and our recovery services. “We” are Matrix Telematics Limited, and we are the providers of the recovery services. You can find everything you need to know about the recovery services at www.parksafetracking.com/recovery.


We only accept orders when we've checked them
We contact you to confirm we've received your order


Sometimes we reject orders
Sometimes we reject orders, for example, because you are located outside the UK, or because the service was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.


We charge you when we supply your service
We will send you an invoice for the services when the services have been completed. However, for some services we take payment at regular intervals, as explained to you during the order process.

 

The charge for the service shown at www.parksafetracking.com/recovery is non-refundable, except as otherwise set out in these terms. The charge for the service is not dependent on whether a telematics device and/or vehicle are located as a result of the service. We do not guarantee or promise that the services will result in a telematics device and/or vehicle being located and recovered.


We charge interest on late payments
If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.


We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.


We're not responsible for delays outside our control
If our supply of your service is delayed by an event outside our control, such as a strike, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of one of our suppliers or sub-contractors, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team – support@trakplus.co.uk to end the contract and receive a refund for any services you have paid for in advance, but not received[, less
reasonable costs we have already incurred.


You're responsible for making sure your telematics device and vehicle details are accurate
If we've asked you for details about your vehicle and/or telematics device relating to the service, you're responsible for making sure those details are correct. Find information and tips on how to record these details on our website or on the Trak+ App or contact our Customer Service Team – support@trakplus.co.uk


If you bought online, you have a legal right to change your mind
Your legal right to change your mind. For most of our services bought online, you have 14 days
after the date we confirm your order to change your mind about a purchase, but:

  • you lose the right to cancel any service, when it's been completed (and you must pay for any services provided up the time you cancel); and

 

How to let us know and what happens next. If you change your mind, contact our Customer
Service Team – support@trakplus.co.uk We refund you as soon as possible and within 14 days of
you telling us you've changed your mind. We refund you by the method you used for payment. We
don't charge a fee for the refund.


You have rights if there is something wrong with your service
If you think there is something wrong with your service, you must contact our Customer Service Team –support@trakplus.co.uk Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.


Summary of your key legal rights
For the find and locate vehicle recovery service we provide, the Consumer Rights Act 2015 says:

  • You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

  • If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.

  • If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

 

We can change services and these terms

Changes we can always make. We can always change a service:

  • to reflect changes in relevant laws and regulatory requirements; and

  • to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the service.

Changes we can only make if we give you notice and an option to terminate. We can also make other changes to the service or these terms, for example to the price or the scope of the services or to change the way these terms are drafted to make them fairer or clearer to you, but if we do so we'll notify you and you can then contact our Customer Service Team – support@trakplus.co.uk to end the contract before the change takes effect and receive a refund for any services you've paid for in advance, but not received.


We can suspend supply (and you have rights if we do)
We can suspend the supply of a service. We do this to:

  • deal with technical problems or make minor technical changes;

  • update the service to reflect changes in relevant laws and regulatory requirements; or

  • make changes to the service (see We can change services and these terms).

 

If we suspend the service, we will let you know. We may also adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the service for longer than 48 hours we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 7 days you can contact our Customer Service Team – support@trakplus.co.uk to end the contract and we'll refund any sums you've paid in advance for services you won't receive.


We can withdraw services
We can stop providing a service. We let you know at least 30 days in advance if we will stop a
service.


We can end our contract with you
We can end our contract with you for a service and claim any compensation due to us if:

  • you don't make any payment to us when it's due and you still don't make payment within days of our reminding you that payment is due;

  • you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example, details relating to the telematics device and/or vehicle to be located;

 

We don't compensate you for all losses caused by us or our services
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

 

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section. We're not responsible for delays outside our control.

  • Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.

  • A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

 

We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice – www.parksafetracking.com/privacy-policy


You have several options for resolving disputes with us
Customer Services. Our Customer Service Team – support@trakplus.co.uk will do their best to resolve any problems you have with us or our services.
You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.


Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this. We can require the new owner to prove you transferred the service to them.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

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