1 Definitions and Interpretation
1.1 Each reference to "You" is a reference to the individual named as the Subscriber in the Subscription Agreement and “your” should be construed accordingly.
1.2 Each reference to “We”, "Us", “Our” or "AX Track" means AX Innovation Limited (company number 03929354) whose registered office is at Unit 605, Fort Dunlop, Fort Parkway, Birmingham B24 9FD. Our registered VAT number is 759 3292 92.
1.3 You can contact us by telephoning our customer service team at 0333 009 1199 or by writing to us at [email protected] or by post to Customer Services, AX Innovation Limited, Unit 605, Fort Dunlop, Fort Parkway, Birmingham B24 9FD.
1.4 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.5 A reference to a “Condition” is a reference to a condition of these Terms and Conditions. A reference to the singular also constitutes a reference to the plural, and vice versa. A reference to any statute or other legislation includes a reference to any amendment, re-enactment, statutory instrument enacted pursuant to it, or replacement legislation. Use of the word “including” shall not limit the broader interpretation of the Condition in which the word is used.
1.6 In these Terms and Conditions:
1.6.1 "Account" has the meaning given to it in Condition 4.2;
1.6.2 "Account Data" means all data associated with Your Account including location data collected by AX Track, together with other data regarding the Vehicle (which may include the Vehicle Identification Number, registration number, chassis number etc.) and data regarding You (which may include your name, address, email, telephone and other contact details and other similar personally identifying information) and Your use of the AX Track Portal and AX Track Service (which may include data about when you have logged in to the AX Track Portal, what functions and features you have accessed, and any other instances where you have contacted, or been contacted by, Us or anyone acting on our behalf);
1.6.3 "Account Password" has the meaning given to it in Condition 4.2;
1.6.4 "AX Track Portal" means the web portal located at my.axtrack.com;
1.6.5 “AX Track Service” means the covert wireless asset tracking device and associated services provided by AX Track to You pursuant to the terms of your Subscription Agreement;
1.6.6 "AX Track Unit" means the device installed in your Vehicle by AX Track pursuant to the Subscription Agreement;
1.6.7 "Business Day" means Monday to Friday other than public holidays within the United Kingdom;
1.6.8 “Contract” or “contract” means the Subscription Agreement;
1.6.10 “Subscription Period” means the period commencing on the date of the Subscription Agreement being entered into by you and expiring at the end of the period for which you require the AX Track Service;
1.6.11 ”Subscription Renewal Period” has the meaning given to it in Condition 3.1;
1.6.12 "Vehicle" means the vehicle identified in the Subscription Agreement;
2 Our Agreement with you and Acceptance of Your Order
2.1 Completion of the purchase on the AX Track Portal shall be an offer by you to enter into a contract with us. We will contact you to arrange for fitting of your AX Track Unit. Our acceptance of your order and agreement of a fitting date will take place when we email you to accept the order, at which point a contract will come into existence between you and us.
2.2 If we are unable to accept your order, we will inform you of this in writing and will refund you. This might be because the AX Track Unit is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of AX Track or because we are unable to meet a delivery deadline you have specified.
2.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.1 We offer a choice of fitting at one of our depots or at a suitable location of your choosing. If you choose to have the AX Track unit fitted at a place other than our depots we will charge an extra fitting fee. This fee may be included in the cost of the unit.
3.2 We will only fit the AX Track unit at a location on the UK mainland. This excludes Northern Ireland, the Isle of Man, the Channel Islands, the Isle of Wight, and the Isles of Scilly. We also exclude the Scottish Highlands and islands.
3.3 AX depot locations are at the following addresses
3.3.1 Bracknell Depot: Units 3 & 4, Willoughby Road, Bracknell, RG12 8FP.
3.3.2 Dartford Depot: 25 Optima Park, Thames Road Crayford, Dartford, DA1 4QX.
3.3.3 Glasgow depot: Unit 1, Radial Point, Cardonald Business Park, Fifty Pitches Place, Glasgow, G51 4EB
3.3.4 Lichfield Depot: Unit 2 Liberty Park, Burton Old Road, Lichfield, WS14 9HY.
3.3.5 Warrington Depot: South Avenue, Warrington, WA2 8BQ
4 Subscription Period
4.1 We will provide the AX Track Service to you for the Subscription Period. Shortly before your Subscription Period is due to expire We will, provided you have complied with these Terms and Conditions, notify you by email and/or SMS message and give you the opportunity to extend your Subscription Period by a period of one or more years (“Subscription Renewal Period”) setting out the terms of any such renewal. We may at our discretion choose to offer you a further one or more Subscription Renewal Periods. If you choose not to extend your Subscription Period then your access to your Account will cease with effect from the date of expiry of your Subscription Period.
5 Registration process and protection of Account Password
5.1 Visit www.axtrack.com to register your account.
5.2 During the registration process You will be asked to create a password ("Account Password") to ensure future access to the Account Data held within your account on the AX Track Portal ("Account") is restricted to You and any person to whom you provide the Account Password. It is your responsibility to ensure that the Account Password is kept safe and not disclosed to anyone who should not have access to your Account Data. You should take the necessary steps to reset your Account Password using the AX Track Portal if You believe your Account Password has become compromised.
6 Your rights to end the contract with us
6.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1 If the AX Track Unit or AX Track Service is faulty or misdescribed you may have a legal right to end the contract (or to get the AX Track Unit repaired or replaced or the service re-performed or to get some or all of your money back), see clause 13;
6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2; or
6.1.3 If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the Cooling Off Period (defined in clause 6.3), but this may be subject to deductions if the AX Track Service has already commenced and you may have to pay the costs of removal and return of the AX Track Unit;.
6.2 If you are ending a contract for a reason set out at 6.2.1 or 6.2.2 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
6.2.1 there is a risk that supply of the products may be significantly delayed because of events outside our control; or
6.2.2 we have suspended supply of the products for technical reasons or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. If you decide that you wish to cancel your Subscription Agreement, you may cancel it at any time within 14 days of the start of the Subscription Period (“Cooling Off Period”). To cancel a Subscription Agreement, you must send us written notice of your intention to cancel the contract by email or post to our contact details set out in clause 1.3 marked “Cancellations”. Please note that if services have been performed during the Cooling off Period (for example, installation of the AX Track Unit) or the cancellation involves the removal of the AX Track Unit, we reserve the right to deduct from any refund the costs incurred by us in performing such services at our standard rates for installation and/or removal of AX Track Units. The following charges may also apply:
6.3.1 a reasonable administration fee for cancelling a Subscription Agreement; and
6.3.2 if you cancel the Contract and give us less than 24 hours’ notice in writing prior to an agreed installation date and time or you fail to attend an installation, you shall be liable for an abortive installation charge as follows:
6.3.3 £50 plus VAT where the installation was to take place at one of our depots; and
6.3.4 £75 plus VAT where the installation was to take place at an address nominated by you.
7 Use of the AX Track Service
7.1 Your use of the AX Track Portal and the AX Track Service is restricted to non-commercial, personal use only.
7.2 The AX Track Unit is intended to be used solely in the delivery of the AX Track Service. You must not disassemble, modify, tamper with or re-use in any way the AX Track Unit. For the avoidance of doubt, a breach of this Condition shall entitle AX Track to terminate the Subscription Agreement immediately without refund of any amounts paid by You and (if applicable) to report the matter to the relevant authorities.
7.3 You must not misuse the AX Track Portal by using the account details of another party without their consent, knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the AX Track Portal, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website through a denial-of-service attack or a distributed denial-of service attack. By breaching this Condition, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the AX Track Portal will cease immediately.
7.4 Subject to your compliance with these Terms and Conditions, we will use reasonable efforts to enable your access to the AX Track Portal but we cannot guarantee that your use of the AX Track Portal or the AX Track Service will be uninterrupted, error-free or virus-free. In particular, we will not be liable for any interruption to the AX Track Service arising from system maintenance (which shall be performed in accordance with Condition 7.5), service failures of telecommunication or internet service providers upon which the AX Track Service relies or for any event beyond the reasonable control of AX Track (including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those specifically involving our employees)).
7.5 We may undertake planned maintenance in respect of the AX Track Portal and the IT infrastructure underpinning the AX Track Service from time to time.
7.6 The AX Track Portal may require you to enter certain data into your Account. It is your responsibility to insert the correct information.
7.7 AX Track is an advanced asset tracking service which can be activated following a theft of your Vehicle. You should be aware that theft of a vehicle is a criminal offence and any act on your part to seek to personally recover the vehicle may disrupt a Police investigation or endanger your or other persons’ safety. You must therefore follow the procedure below if you believe your vehicle has been stolen.
7.8 If you believe that your Vehicle has been stolen, you should contact the Police to report the Vehicle as stolen, obtain a crime reference number and advise Us of the same, either by contacting us on 0333 321 1557 or using the ‘report stolen’ button within the portal.
7.9 For the avoidance of doubt, we will not be liable for any loss arising from your failure to follow the steps set out above. You must inform us immediately if the Vehicle is recovered (by whatever means) or the reported theft of the Vehicle was made in error.
7.10 You agree that as part of the delivery of AX Track Service, we will be required to liaise with the Police in relation to the location of the Vehicle and, if requested, disclosure of your personal data. We may also liaise with your insurer who has a legitimate interest in the safe recovery of your vehicle.
7.11 We do not guarantee that AX Track will lead to the location of your Vehicle and will not be liable, and any charges shall not be refundable to You, should AX Track fail to locate your Vehicle except where such failure is due to our negligence.
8.1 We warrant that during the Subscription Period, the AX Track Unit fitted by our trained installation personnel shall:
8.1.1 conform in all material respects with its description;
8.1.2 be free from material defects in design, material and workmanship;
8.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
8.1.4 be fit for any purpose held out by AX Track.
8.2 Subject to Condition 8.3, if:
8.2.1 you believe your AX Track Unit is not functioning properly and contact Us using the contact details on the AX Track Portal
8.2.2 allow AX Track or its agent(s) the opportunity to inspect the AX Track Unit at premises advised by AX Track or its agent;
we shall, at our option, repair or replace the AX Track Unit.
8.3 We shall not be liable for any failure of the AX Track Unit if:
8.3.1 the failure arises due to Your failure to follow AX Track’s instructions as to installation, use or non-tamper of the AX Track Unit;
8.3.2 disassemble, modify, attempt repair or otherwise tamper with the AX Track Unit;
8.3.3 the defect arises as a result of wilful damage, negligence or the existence of abnormal operating conditions;
8.3.4 the AX Track Unit is transferred from the Vehicle to another vehicle; and
AX Track will not be responsible for any failure to receive the AX Track Service or any loss, damage, cost or expense suffered as a result of breach of this Condition.
8.4 The terms of the Subscription Agreement shall apply to any repaired or replacement AX Track Unit supplied by AX Track under Condition 8.2.
9 Notifying us if you no longer own the Vehicle or the Vehicle is no longer roadworthy
9.1 If you no longer own your Vehicle (for example, if you have sold your Vehicle or if your Vehicle is involved in an accident that results in your Vehicle being written off by your Vehicle's insurer or is stolen and not recovered) then You should log on to Your Account, inform Us that you no longer have your Vehicle. Once we receive your cancellation request, We will prevent further access to your Account Data once your internet browser session has finished.
9.2 If you fail to cancel your subscription in accordance with Condition 9.1 and you disclose your Account Password to permit access to the AX Track Service by a third party then your Account Data will be accessible by that third party and You will be able to access the third party's information captured by the AX Track Unit or inputted into the AX Track Portal. You will be responsible to Us for any liability or claim against Us arising from your failure to cancel your subscription in accordance with Condition 9.1.
9.3 We reserve the right to suspend or cancel your access to the AX Track Portal and subscription to the AX Track Service if you breach these Terms and Conditions or commit any act in breach of applicable law in relation to the AX Track Service.
9.4 You are not entitled to any refund of the purchase price of the AX Track Service if you cancel your subscription during your Subscription Period.
9.5 The Conditions which are expressly stated to survive the termination of the Subscription Agreement, and the Conditions which by their nature are intended to survive termination of the Subscription Agreement, shall survive termination or expiry of the Subscription Agreement.
10 Our liability to You
10.1 Subject to Conditions 10.2, 10.3 and 10.4, We will be liable to You for any loss or damage that is directly caused by a breach of the Subscription Agreement by Us. You must notify Us promptly of any such breach and make reasonable efforts to minimise the loss or damage that You suffer.
10.2 We will be liable to you for any death or personal injury caused by Our negligence and for any other loss or damage which we are not entitled to limit or exclude by applicable law.
10.3 Subject to Condition 10.2, in no circumstances will We be liable to You for any:
10.3.1 loss of profits, business revenue, anticipated savings or any other pure financial loss; or
10.3.2 loss or damage which does not directly result from a breach of the Subscription Agreement but instead arises due to the particular circumstances of your use of the AX Track Service;
10.3.3 use of the AX Track Service in contravention of these Terms and Conditions or any instructions or guidance provided on the AX Track Portal;
10.3.4 unauthorised access to or loss of Account Data that is beyond our reasonable control; or
10.3.5 loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the AX Track Portal or to your downloading of any material posted on it, or on any website linked to it.
10.4 Subject to the foregoing provisions of this Condition 10, our total liability to You as a result of our breach of your Subscription Agreement and any claim of negligence (or other tortious claim) or breach of statutory duty relating to the AX Track Service shall be limited to the sum of £1,000 (one thousand pounds sterling).
10.5 Other than as expressly stated in these Terms and Conditions, all warranties and conditions whether or not implied by statute, including the implied conditions as to satisfactory quality and fitness for purpose, shall be excluded to the fullest extent permitted by applicable law.
11 Intellectual Property and Data Privacy
11.1 We are the owner or licensee of all intellectual property rights in the material published on the AX Track Portal. “AX Track” and the AX Track logo are trade marks of AX Innovation Limited and may not be used without our prior written approval.
12.1 We have the right to make any changes to the AX Track Service which are necessary to comply with any applicable law or other requirement, or which do not materially affect the nature or quality of the AX Track Service.
12.2 These Terms and Conditions may be updated by Us from time to time and will be notified to You by email and/or when you access your Account Data following an update to these Terms and Conditions.
12.3 If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the provisions of these Terms and Conditions.
12.4 If either You or AX Track commit a breach of the Subscription Agreement and the other party decides not to exercise a right under the Subscription Agreement then such decision will not be deemed to be a waiver of that same right in respect of any future breach.
12.5 These Terms and Conditions together with the Subscription Agreement constitute the entire agreement between You and AX Track relating to the AX Track Service and supersedes any and all prior agreements, whether written or oral, between You and Us. You acknowledge that, in entering into the Subscription Agreement, you have not relied upon any warranty or representation other than as set out in the Subscription Agreement.
12.6 Each Subscription Agreement shall be governed by the laws of England and any legal proceedings in connection with a Subscription Agreement shall be subject to the exclusive jurisdiction of the English courts.
13 Customer Feedback and Legal Rights
13.1 We aim to provide you with a high standard of service but our customers may have feedback as to how we can improve our service. We welcome such feedback to ensure that we can continually improve the AX Track experience. If you wish to discuss any aspect of the AX Track Service then please contact Us using any of the contact channels available to You at my.axtrack.com/contactus and We will endeavour to act upon your feedback as quickly as possible.
13.2 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to AX Track Service. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights.
If your product is goods, for example electronic equipment, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 6.3.
If your product is services, for example a support contract for a piece of hardware, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.