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Terms & Conditions

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Below are the legally binding Terms & Conditions of using Superior Tracking Limited as a product/service that must be agreed to before purchasing/using our services.

 

1. Location of a stolen vehicle

 

  1. Please note that Superior Tracking is a product designed to alert you by smartphone push notifications and/or email if your vehicle is moving without keys and ignition off. No liability will be accepted by Superior Tracking Limited to recover a stolen or lost vehicle or asset, nor will Superior Tracking Limited be liable to reimburse the owner should their vehicle not be recovered, or if it is damaged.

  2. Superior Tracking Limited also takes no responsibility if your Superior Tracking unit has been installed incorrectly, resulting in malfunctioning of the system and/or theft of a vehicle.

  3. Subscribers are advised not to attempt to recover a stolen vehicle (or any other asset fitted with GPS Tracking Device). Subscribers are advised to contact their local Police authority, who will decide whether to utilise the GPS Tracking device/ platform as part of their recovery and/or criminal investigation efforts.

  4. If a vehicle is stolen and not recovered, Superior Tracking Limited will not refund any pre-paid subscriptions. Subscriptions can be cancelled in accordance with section 8 of these terms and conditions. Subscriptions may be transferred to brand-new Superior Tracking devices, however, not second-hand devices.

 

2. Terms and conditions of Superior Tracking services

 

  1. These terms are considered by Superior Tracking Limited to set out the whole agreement between it and the Subscriber in respect of goods and services concerning Superior Tracking Limited. Please read these terms before the installation of the GPS Tracking device takes place. By having the GPS Tracking device installed, you agree to these terms and that they are legally binding.

  2. The Superior Tracking service will become available to the subscriber no longer than 24 hours following the successful installation of the hardware, successful registration of the product and the successful purchasing of relevant subscriptions with Superior Tracking Limited – providing the procedures as set out in this manual are adhered to. Subject to these terms, Superior Tracking Limited, will use all reasonable measures to maintain the Superior Tracking services to the subscriber for the subscription period.

  3. The subscriber agrees to comply with all subscriber procedures provided to the subscriber in this document and through other communication by Superior Tracking Limited.

  4. Regardless of the manner in which the subscriber becomes aware of the stolen vehicle, it remains the responsibility of the subscriber to inform the police and liaise to recover the vehicle. Due to the many factors outside of its controls, Superior Tracking Limited does not guarantee that the Superior Tracking system will lead to the location of the Subscriber’s stolen vehicle.

  5. If the Subscriber uses the Superior Tracking system for any other purpose other than the location of the Subscriber’s vehicle and/or other than in accordance with these terms, Superior Tracking Limited may be entitled to claim damages (where applicable) in accordance with the general rules of English law and will be entitled to terminate these terms.

  6. The Superior Tracking service is provided worldwide. The service will operate abroad. However, Superior Tracking Limited makes no guarantees of its accuracy.

  7. It is up to the customer to ensure their contact details are kept up to date on the Superior Tracking system. Superior Tracking Limited will take no responsibility and accept no liability should the Superior Tracking system fail due to inaccurate Subscriber contact information on the Superior Tracking system.

  8. Superior Tracking must be fitted by a competent person electrician/mechanic. Superior Tracking Limited will provide basic knowledge on installing the device to their vehicle. However, we recommend contacting a local mechanic.

 

3. Subscriptions and Charges

 

  1. All subscription charges and other payments under these terms must be paid in advance as set out on any order forms, online or in printing. There is a minimum of a 1-month subscription period, and it must be paid for by monthly Direct Debit. All subscriptions may be terminated at any time in accordance with clause 8 below.

  2. It is the responsibility of the Subscriber to ensure their subscription is up-to-date and valid in order for the tracking device to be active.

  3. The Subscriber accepts that their subscription to the Superior Tracking service in no way mitigates their responsibility to ensure their vehicle is safe at all times, to obtain adequate insurance for the vehicle or to comply with the Subscriber procedures set out in this document.

  4. It is always possible that, despite our best efforts, some of the goods and services we sell and supply may be incorrectly priced. If the correct price of our goods or services is higher than the stated price, we will usually, at our discretion, contact you before accepting your request or reject your request and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide any goods or services at the incorrect (lower) price.

  5. If you do not agree to the variation of the subscription fees notified to you in accordance with 3.4 of these terms & conditions, you may be able to return and/or cancel the service it relates to. Please see section 8 of these terms and conditions, ‘Term and Termination’.

  6. It is up to the Subscriber to ensure they have a valid subscription. If the Subscriber does not have a valid subscription then they will not receive any alerts such as stolen alerts or low battery level warnings. All historical journey data will also be lost if the subscription expires. Superior Tracking Limited will not be held liable for any loss of data resulting from an expired or invalid subscription.

  7. Subscriptions are non-transferable to a new keeper and are non-refundable. Subscriptions stay with the original owner and, therefore, can be transferred from bike to bike and from old device to new device.

 

4. Equipment warranty

 

  1. If the equipment becomes inoperative or develops faults due to defective components, workmanship or design within the warranty period, Superior Tracking Limited will (at its option) repair or replace the equipment free of charge. Superior Tracking Limited shall have no such obligation if the equipment or installation has been tampered with, modified or repaired by persons other than approved Superior Tracking Limited electricians/mechanics or has otherwise been subject to misuse or accident. As a consumer, the Subscriber has certain rights under the law regarding the return of defective goods, and these terms shall not affect the Subscriber's rights under the law. These terms apply to any repaired or replaced goods supplied to the Subscriber.

  2. The GPS Tracking device must be fitted by an approved Superior Tracking Limited electrician/mechanic.

 

5. Limitation of liability

 

  1. Superior Tracking Limited shall not be liable under these terms for any loss or damage that was not caused by any breach on the part of Superior Tracking Limited or its employees.

  2. Superior Tracking Limited shall not be liable for losses that result from its failure to comply with these terms including, but not limited to, losses that fall into the following categories: loss of income or revenue; loss of business; loss of anticipated savings; loss of data; or any waste of time. However, this shall not prevent claims for foreseeable loss of, or damage to, your physical property.

  3. Nothing in these terms shall affect the Subscriber's rights under law as a consumer or act to exclude or limit any liability which at law cannot be excluded or limited.

  4. The total aggregate liability of Superior Tracking Limited in connection with these terms whether for negligence or breach of contract or otherwise shall in no event exceed one hundred percent of the consideration received by Superior Tracking Limited from the Subscriber.

  5. It is up to the Subscriber to keep his/her username and password safe at all times.

  6. Should any one or more of the provisions contained in these terms be declared invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in these terms shall not in any way be affected or implied.

 

6. Assignment

 

  1. These terms specifically relate to the Subscriber and the vehicle the Superior Tracking device is fitted to. Unless Superior Tracking Limited agrees otherwise, these terms may not be transferred to any third party, unless that third party has agreed separately to these terms and conditions occurring from the transfer of ownership of the Superior Tracking product.

 

7. Suspension of Superior Tracking services

 

  1. Superior Tracking Limited may, at its sole discretion and without liability, at any time suspend the Superior Tracking services (in whole or in part) if a technical failure affects the provision of the same, or if any modification or maintenance is being carried out to the Network, or if changes to the Superior Tracking services are required for any reason, or if the Network operator ceases to trade.

  2. Neither Superior Tracking Limited nor the Subscriber shall be liable for any delay in performing or any failure to perform any of its obligations under these terms caused by events beyond their control, including but not limited to, act of God, insurrection or civil disorder, civil disobedience, war or military operations, national or local emergency, acts or omissions of government, highway, regulatory or other competent authority, unofficial or otherwise unlawful industrial action of any kind, fire, or severe weather. The functioning of the GPS/GSM networks are matters beyond Superior Tracking Limited’s reasonable control.

 

8. Term and Termination

 

  1. Either Superior Tracking Limited or the Subscriber shall be entitled to terminate the Superior Tracking services in the event that the Subscriber or Superior Tracking Limited is in serious or persistent breach of these terms and (where capable of remedy) such breach has not been remedied within 30 days of a notice requiring remedy.

  2. Superior Tracking Limited may change or add to these terms by notifying the Subscriber in writing. Superior Tracking Limited will give the subscriber at least one month’s notice of any changes. The Subscriber may within one month after the service of such notice give one months’ notice in writing/email terminating these terms if the Subscriber reasonably considers that they have been disadvantaged by the change.

  3. Superior Tracking Limited shall be entitled to terminate the Superior Tracking services and the subscription period upon the termination of the Subscribers ownership of the vehicle. Any subscription fees paid up-front are non-refundable.

  4. Termination shall be without prejudice to the accrued rights of the parties as at the date of termination. If the Subscriber wishes to terminate these terms, the Subscriber must notify Superior Tracking Limited in writing/email in accordance with clause 9.

  5. If the subscriber should sell or otherwise cease to be the owner of the Superior Tracking device, they must notify Superior Tracking Limited immediately that there has been a change of ownership.

 

9. General

 

  1. Any notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to the other party at the contact address specified when the Subscriber first registered their Superior Tracking product with Superior Tracking Limited or an alternate address communicated by either party to the other in writing after registration. If a communication is sent by e-mail, it shall be deemed to have arrived 12 hours after being sent if sent by post 3 working days after posting. If such notice is delivered personally or by courier to the address, it shall be deemed to have been received with immediate effect upon delivery.

  2. These terms are governed by the relevant United Kingdom laws and are subject to the jurisdiction of the relevant courts of the United Kingdom.

 

10. Data Protection

 

  1. The Subscriber is giving their information to Superior Tracking Limited, a privately owned UK company.

  2. If the Subscriber contacts Superior Tracking Limited electronically, Superior Tracking Limited may collect the Subscribers electronic identifier such as Internet Protocol (IP) address or telephone number supplied by the Subscribers service provider.

  3. Superior Tracking Limited will use the Subscriber's information to manage their Superior Tracking Limited device and account and will not disclose the Subscriber's information to any external parties without their prior consent. Superior Tracking Limited may monitor telephone calls in order to improve service levels and prevent and detect fraud.

  4. Superior Tracking Limited would like to keep Subscribers informed by letter, phone and electronic means (including email and mobile messaging) about products, services and additional benefits that Superior Tracking Limited believes may be of interest to the Subscriber. If the Subscriber does not want this, then they must tell Superior Tracking Limited the next time the Subscriber contacts the company.

  5. If the subscriber wants a copy of the information Superior Tracking Limited holds about them, they must contact Superior Tracking Limited in writing at: Data Protection Officer, Superior Tracking Limited, 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ.

  6. Personal details that we have from the subscriber will be their email address, contact phone number & the addresses the subscriber provides once they use our service.

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