Terms & Conditions
The Subscriber’s attention is drawn in particular to Clauses 6.3 and 13 and where Repatriation Services, Sentinel and Sentinel Pro Services are purchased, Clauses 8.2, 8.3, 8.6
1. Definitions
1.1 In these Terms, the following definitions and rules of interpretation apply:
“Activation Fee”: the fee payable by the Subscriber, in addition to the Subscription Charges, for the activation of the Repatriation Service, subject to clause 7.8.
“Additional Services”: services agreed between Stealth Tracer and Subscriber to be provided by Stealth Tracer to Subscriber from time to time in addition to the Theft Activation Service, the Alert Service, the Repatriation Service, including without limitation web services, service promotions and limited availability services.
“Affiliate”: means in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party from time to time.
“Agreement”: the agreement between Stealth Tracer and Subscriber for the supply of Equipment and Services subject to these Terms and Conditions.
“Alert Service”: the optional service provided by Stealth Tracer of alerting Subscriber to apparently unauthorised movement of Subscriber’s Vehicle, where such service is specified in the Registration Form or otherwise agreed in writing between the parties.
“Commencement Date”: has the meaning set out in Clause 2.3.
“Cooling Off Period” has the meaning set out in Clause 9.2.
“Continuation Period” has the meaning set out in Clause 2.3.
“Core Services”: the Theft Activation Service and the Alert Service.
“Equipment”: the hardware and goods supplied by Stealth Tracer in each case as specified in the Registration Form including SIM cards but excluding the Stealth Tracer App.
“EULA”: the end user licence agreement for the Stealth Tracer App.
“Independent Influences”: has the meaning described in clause 8.3.
“Intellectual Property Rights”: patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Maximum Repatriation Cost”: the maximum amount that is covered by Stealth Tracer towards the cost of Repatriation of a Vehicle as more particularly described in Clause 8.2, subject always to the Subscriber subscribing to the Repatriation Service, Sentinel or Sentinel Pro Services.
“Minimum Subscription Period”: 12 months from Registration or such other period as may be agreed in writing by Stealth Tracer.
“Network”: the VHS/GPS/GSM network in the Territory operable in conjunction with the Equipment.
“Police”: any Chief Constable, Commissioner of Police, Police Force, Police Authority, or equivalent in the relevant country or county, or any of their respective servants or local law enforcement officers.
“Privacy Policy”: Stealth Tracer’s privacy policy located on the Website, as amended or varied from time to time.
“Registration”: the process of the Customer registering with Stealth Tracer to receive Subscription Services in accordance with clause 2.
“Registration Form”: the application for the Subscription Services as more particularly described in clause 2.
“Repatriation Service”: the service to be provided from time to time by Stealth Tracer, using our repatriation partner and in co-operation with the Police, of locating Vehicles and (if applicable) recovering Subscribers’ Vehicles, as described in Clause 4.7 and otherwise as may be set out from time to time on the Website in accordance with Clause 4.12.
“Repatriation Team”: the person or persons appointed by Stealth Tracer to perform the Repatriation Services which may be Stealth Tracer or a third party.
“SIM Card”: each Subscriber Identity Module used for wireless communication and placed within Equipment.
“Subscriber”: the person whose application for the provision of Subscription Services has been accepted by Stealth Tracer.
“Stealth Tracer App”: the software application licensed to the Subscriber to manage the Equipment and Services.
“Subscription Charges”: means the charges payable by Subscriber to Stealth Tracer for the provision by Stealth Tracer of Subscription Services, as set out in the Registration Form and confirmed in the Stealth Tracer App.
”Subscription Period”: means the Minimum Subscription Period, together with any extension, repeat or renewal thereof, for which Subscription Charges are payable by Subscriber as set out in the Stealth Tracer App.
“Subscriber Procedures”: the instructions and procedures required to be followed by Subscriber in order to ensure proper operation of the Subscription Services from time to time, and which are provided or issued to Subscriber (including without limitation by way of providing same on the Website) from time to time.
“Subscription Services”: collectively the Additional Services, the Theft Activation Service, the Alert Service, the Repatriation Service provided as applicable by Stealth Tracer from time to time in accordance with these Terms.
“Terms”: these terms of business.
“Territory”: the country or countries in which the Subscription Services are available to be used by the Subscriber, in each case as set out in the Form.
“Theft Mode Activation Services”: the services provided by Stealth Tracer in the event of the Subscriber reporting a theft of the Vehicle via the Stealth Tracer App, as more particularly described on the Website.
“Stealth Tracer”: Trak Global Stealth Tracer Limited, Datum House, 1st Floor , Electra Way, Crewe, England, CW1 6ZF
“Vehicle”: any vehicle or asset belonging or registered to Subscriber in which Equipment is installed and in respect of which Subscription Services are provided.
“Warranty”: has the meaning set out in Clause 8.1.
“Warranty Period”: 12 (twelve) months from the date of purchase of the Equipment (provided that a valid Subscription Period is in operation and the Subscriber is not in breach of the Terms).
“Website”: https://stealthtracer.com/
1.2 Reference in these Terms to the singular includes the plural and vice versa, and to the masculine gender includes the feminine. Headings to clauses are included for ease of reference and shall not affect the interpretation of these Terms. References in these Terms to clauses are references to clauses of these Terms.
1.3 A reference to legislation is a reference to it as amended or re-enacted.
1.4 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
2. Contract Formation
2.1 The Subscriber completes the online Registration Form on the Website. Completion of the Registration Form is an offer by the Subscriber to purchase the Core Services. If it accepts the offer, Stealth Tracer will send to the Subscriber access to the Stealth Tracer App. Registration is complete and a binding contract is formed when the Subscriber registers for the Stealth Tracer App.
2.2 The Subscriber may request Additional Services at any time during the Agreement on the Stealth Tracer App. Stealth Tracer will notify the Subscriber via the Stealth Tracer App of its acceptance or other wise of such request. On acceptance, the Additional Services will form part of the Agreement and be subject to these Terms. The Subscriber commits to pay the charges for such Additional Services for the remainder of the Minimum Subscription Period. If Stealth Tracer rejects a request for Additional Services for any reason the Subscriber is still bound to the Agreement for the provision of Core Services, subject to clause 9.2.
2.3 The Minimum Subscription Period commences on the date and time of completion of first pairing of the Equipment with the Stealth Tracer App by the Subscriber (“Commencement Date”). Thereafter the Agreement shall continue for rolling periods of 12 months (each a “Continuation Period”) unless and until Subscriber or Stealth Tracer terminates the subscription in accordance with these Terms at the end of any initial Minimum Subscription Period or any Continuation Period or as otherwise permitted by these Terms. The subscription will require the establishment and maintenance of a direct debit bank or debit or credit card payment facility. Stealth Tracer will notify the Subscriber at least 60 days in advance of the end of the Minimum Subscription Period and each subsequent Continuation Period, reminding the Subscriber of their right to cancel.
2.4 The Subscriber shall ensure that all information submitted by them on the Registration Form and the Stealth Tracer App is complete and accurate in all material respects.
3. Agreement and Property
3.1 In consideration of the Subscription Charges, Stealth Tracer agrees to sell the Equipment (and provide the Services to Subscriber on the terms set out herein.
3.2 Subscriber indemnifies Stealth Tracer against any theft, loss or damage (fair wear and tear excepted) of or to any property of Stealth Tracer while on or connected with a Vehicle or at any relevant premises, however caused, other than such directly attributable to the fault of Stealth Tracer.
3.3 Following any sale or other disposal of a Vehicle by Subscriber on or in which Equipment is fitted, it will be the Subscriber’s responsibility to remove any Equipment from the vehicle prior to sale. Registration can be transferred to a replacement Vehicle via the Stealth Tracer App during the term of the Agreement.
3.4 Subject to these Terms, Stealth Tracer will use its reasonable endeavours to maintain the Subscription Services available to the Subscriber for the Subscription Period.
4. Intellectual Property Rights
4.1 All intellectual property in, attached to or connected with Equipment and Services and Stealth Tracer App shall be owned by Stealth Tracer (or its licensors).
4.2 The Subscriber agrees to abide by the terms of the Stealth Tracer App EULA. Failure to do may result in immediate termination of the Agreement by Stealth Tracer.
4.3 The Subscriber shall not sub-license, assign or otherwise transfer the rights granted by clause 4.2.
4.4 The Subscriber shall not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Equipment the Stealth Tracer App or any other software or equipment provided by Stealth Tracer nor attempt to do any such things.
5. Title and Risk
5.1 Title to the Equipment shall not pass to the Subscriber until Stealth Tracer receives payment in full for the Equipment. Equipment shall for this purpose exclude software in Equipment and SIM Cards, which shall as between the parties remain at all times the property of Stealth Tracer.
5.2 Until title to the Equipment has passed to the Subscriber, the Subscriber shall:
5.2.1 store the Equipment separately so that they remain readily identifiable as Stealth Tracer’s property;
5.2.2 not remove, deface or obscure any identifying mark or packaging on or relating to the Equipment;
5.2.3 maintain the Equipment in satisfactory condition and keep it insured against all risks for their full price on Stealth Tracer’s behalf from the date of delivery;
5.2.4 not sell, underlet or dispose of the Equipment, nor allow any of same to be seized in satisfaction of any debt of Subscriber or for any other legal process or purpose;
5.2.5 indemnify Stealth Tracer against any and all loss, cost, claim, damage and expense, however caused by Subscriber’s breach of this Clause 5.2.
5.3 At any time before title in the Equipment passes to the Subscriber, the Equipment remains at all times the property of Stealth Tracer. Subscriber shall on request by Stealth Tracer return such Equipment to Stealth Tracer at Subscriber’s cost.
6. Equipment Installation and use
6.1 The Equipment is provided to the Subscriber on the basis that the Equipment is fitted in the Vehicle by or on behalf of the Subscriber.
6.2. Stealth Tracer will provide general guidance as to where the optimal location is on a vehicle or asset to locate a device. As Stealth Tracer is designed to be a hidden device, no specific guidance will be provided to Subscriber.
6.3. It is the Subscriber’s responsibility to select a safe location for the Equipment and to instal it safely or engage a professional to do so if appropriate. Stealth Tracer will not be liable for any losses costs claims or damages in contract, tort (including negligence), misrepresentation, restitution or otherwise arising from:
6.3.1 fitting that is not aligned with the general guidance provided and updated from time to time on the Website; or
6.3.2 damage to Vehicle resulting from fitting (whether in accordance with the guidance or otherwise.
6.3.3 the Subscriber or a third party tampering with the Equipment or removing any part of it including the SIM card or battery.
6.4 The Subscriber is responsible for checking the installation and integrity of the Equipment on a regular basis.
7. Subscription Services
7.1 Subject to any exception (and only to the extent of such exception) which may be set out on the Website from time to time or in these Terms, Subscription Services shall commence to be provided by Stealth Tracer to Subscriber as from the Commencement Date. Subscriber accepts that the Alert Service will be available no earlier than 8 (eight) hours following the completion of pairing of the Equipment.
7.2 Upon becoming aware, or suspecting, that their Vehicle has been stolen, Subscriber must immediately take the following steps: (i) notify the Police and obtain a police crime reference number or equivalent validation from the local Police in respect of the theft; and then (ii) activate Theft Mode on the Stealth Tracer App, (iii) Subscriber will then be directed via the Stealth Tracer App to the Stealth Tracer repatriation team who will guide Subscriber through a number of options and will activate the Equipment for the purpose of seeking to locate the Vehicle. A Vehicle shall be treated as stolen for the purposes of Stealth Tracer activating the Equipment and providing the Service only if Theft Mode on the Stealth Tracer App is activated. Neither Stealth Tracer nor the Repatriation Team will be liable to any person on any basis for any damage of whatever nature arising out of or incidental to the Subscriber’s failure to follow the above steps or any other instructions issued by Stealth Tracer from time to time.
7.3 Regardless of the manner in which Subscriber becomes aware of the repatriation of a stolen Vehicle, it remains the sole responsibility of Subscriber to report the repatriation of a stolen Vehicle as soon as possible to Stealth Tracer in order to ensure the Equipment is de-activated.
8. Repatriation Service, Sentinel and Sentinel Pro Services.
8.1 Subscriber irrevocably authorises Stealth Tracer and or Stealth Tracer's authorised agents to recover and return a Vehicle to Subscriber in accordance with this Clause 8 to such location as may be specified in the Stealth Tracer App or as the parties otherwise agree in writing (and, failing such agreement, such location as Stealth Tracer reasonably determines in the circumstances).
8.2 Where Subscriber has paid for the Repatriation Service, Sentinel or Sentinel Pro Services, Stealth Tracer and/or Stealth Tracer’s authorised agents will carry out Repatriation Service and return of Vehicles as set out in clause 7.1 at no extra charge to Subscriber, provided that:
8.2.1 the Repatriation Service, Sentinel and Sentinel Pro will apply only to Vehicles within the maximum weight and size specifications set out on the Website from time to time; and
8.2.2 the cost of such Repatriation Service and return does not exceed the maximum Repatriation Service cost set out on the Website from time to time (“Maximum Repatriation Cost”). Stealth Tracer will liaise with Subscriber to discuss how Stealth Tracer should proceed should Stealth Tracer’s reasonably estimated costs of Repatriation Service exceed this amount (this may be the case if, for example, Stealth Tracer and or its agents would be required to hire specialist removal equipment). The Subscriber shall pay any costs in excess of the Maximum Repatriation Cost or may instruct Stealth Tracer not to repatriate the Vehicle in which case no Subscription Charges are refundable.
8.3 Due to the many factors outside its control (including the nature of the technology in the Equipment, physical features such as underpasses, windscreens and other physical features of the Vehicle, other electronic devices, atmospheric conditions, the state of the ionosphere, Network availability, internet and website performance and availability, availability of the digital cellular telecommunications technology on which the Equipment operates, and other causes of interference beyond Stealth Tracer’s reasonable control) (“Independent Influences”), Stealth Tracer does not warrant or guarantee that the Subscription Services will lead to the location of Subscriber’s Vehicle, or that any recovered Vehicle will not be damaged or written off, or that any or all Subscription Services will operate properly or at all under Independent Influences or in the event of Force Majeure as defined in Clause 11.4. Stealth Tracer will not be liable to Subscriber or any other person on any basis, and the Subscription Charges shall not be refundable to Subscriber in whole or part, if the Equipment fails to locate and/or recover Subscriber's Vehicle, and/or any Subscription Service fails to operate fully or at all at any time for reasons of Independent Influences or Force Majeure.
8.4 In the event that Subscriber changes the location specified for the return of any Vehicle in accordance with these Terms, Stealth Tracer reserves the right to charge the Subscriber any additional costs incurred as a result of the change of location or, in Stealth Tracer’s absolute discretion, may refuse to move such Vehicle to the alternative location and delivery to the original location or no delivery (as agreed between the parties) shall be deemed to be in accordance with the Agreement.
8.5 Where the Police have stated that their co-operation and/or permission is required for removal and/or return of a Vehicle, Subscriber shall at their own cost do all such acts and execute all such documents as may be necessary to procure such co-operation or permission and Stealth Tracer shall not be liable for failure to return the Vehicle where Subscriber has not done so within any required timeframe.
8.6 In no circumstances will Stealth Tracer be liable for any damage incurred to any Vehicle pending its return to a specified location (other than damage caused directly by Stealth Tracer’s negligence).
8.7 Full details of all Equipment and each Subscription Service (including the scope and extent of, and limitations on, Repatriation Team or Police involvement in Vehicle Repatriation Service) are available on the Website. It is the responsibility of the Subscriber to satisfy themselves from all the information available including FAQ’s and chat service that the Equipment and Subscription Services selected will satisfy their own requirements.
8.8. Where a Subscriber has purchased Sentinel or Sentinel Pro then, provided that no activation is required in the first 2 months of such Subscription then:
8.8.1 in the case of Sentinel Subscription, the Subscriber will receive a 50% discount on the current Activation Fee;
8.8.2 in the case of Sentinel Pro Subscription, the Subscriber will receive a 100% discount on the current Activation Fee.
9. Payment and Cooling Off Period
9.1 All Subscription Charges shall be paid annually in advance unless otherwise stated in the Form or agreed in writing by Stealth Tracer.
9.2 This Clause 9.2 applies only where Subscriber is a consumer (meaning not a person purchasing in the course of their trade) and agrees to take out Subscription Services online, by mail order, over the telephone or on their doorstep. If such Subscriber decides that he or she does not want the agreed Subscription Services, they may cancel their subscription at any time within 14 (fourteen days) days of the Commencement Date (the “Cooling Off Period”). To cancel a subscription, Subscriber must send Stealth Tracer written notice of their wish to do so to support@stealthtracer.com Subscriber will have to pay for services provided prior to cancellation so Stealth Tracer will deduct a pro rata amount from any refund. If Subscriber continues to use or access any Subscription Service after the end of the Cooling Off Period, all provisions of these Terms will apply. These Terms also apply to Subscriber’s use of any Subscription Service before the end of the Cooling Off Period. If the cancelling Subscriber receives Equipment as part of the Subscription Services, Subscriber must return the Equipment to Stealth Tracer at Subscriber’s own cost and within 14 days of informing Stealth Tracer of the cancellation.
9.3 At the end of any then-current Subscription Period, if the subscription is not extended or renewed in accordance with these Terms, subject to Clause 2.3, Stealth Tracer will stop providing the relevant Subscription Service and shall deactivate the necessary Equipment and SIM Card. Following expiry of the Subscription Period, the said Equipment and SIM Card will be switched off and no further data will thereafter be collected via, and no further use will be made of, such Equipment or SIM Card (unless and until a fresh subscription is taken out), save as and to the extent otherwise is set out on the Website from time to time in respect of certain Equipment or hardware.
9.4 No subscription is transferable to a new owner/keeper of the Vehicle. In the event of sale of a Vehicle by Subscriber, Subscription Charges shall not be refundable to Subscriber in whole or part.
9.5 Stealth Tracer will notify Subscriber at least 30 (thirty) days prior to the expiry of any Subscription Period of any variation in Subscription Charges, and such variation shall take effect as from the date on which such subscription is renewed, should the Subscriber choose to renew.
9.6 Subscriber must always provide Stealth Tracer with his or her current UK telephone landline and mobile contact details. If the Subscriber is planning to be uncontactable or out of the UK, s/he must provide Stealth Tracer with UK telephone contact details for an alternative person who Subscriber agrees will be responsible for the Vehicle in Subscriber’s absence in order to receive the Subscription Services. If Subscriber does not provide Stealth Tracer with the contact details for a secondary contact, Stealth Tracer may not be able to provide Subscription Services for the duration of Subscriber being uncontactable or out of the UK.
9.7 All Subscription Charges are (unless otherwise stated) inclusive of VAT and any similar or comparable regulatory fee or levy.
10. Support
10.1 Stealth Tracer cannot be required to provide support to Subscriber for all future service options made available by Stealth Tracer from time to time, and Stealth Tracer has no obligation to upgrade or replace any Equipment in order to provide services and options to Subscriber which may be made available subsequent to the Commencement Date. If Subscriber wishes to utilise services which the Equipment does not support, Subscriber must either purchase new Equipment at Stealth Tracer then-applicable prices or pay for any applicable upgrade.
10.2 A Subscriber must not seek to deactivate Theft Mode once activate in order to attempt to recover and repatriate the Vehicle or asset. Only Stealth Tracer or its authorised representatives or agents are permitted to deactivate Theft Mode.
11. Subscriber Obligations
11.1 Subscriber must ensure that they advise any person who services the Vehicle that there is a security tracking product fitted, in order to prevent inadvertent removal of the Equipment.
11.2 If a Vehicle has been stolen and repatriated, Subscriber must contact Stealth Tracer in order that Stealth Tracer may test the Equipment still functions correctly. If the Equipment no longer functions correctly, Subscriber may be entitled to a replacement device, subject to Subscription level, or otherwise must purchase replacement Equipment at the Subscriber’s cost. No refund of Subscription Charges shall apply if the Equipment is not replaced.
11.3 Subscriber agrees that it is their responsibility at all times to use Equipment safely and to comply fully with Stealth Tracers service and use instructions and requirements in respect of Equipment, as same are notified on the Website from time to time, including without limit any such relating to any programme of service or quality assurance, product care and/or the expected service life of Equipment, and to keep up to date with changes to such instructions and requirements (in which regard, Stealth Tracer will endeavour to display changes with appropriate prominence for a reasonable period following their notification on the Website from time to time). Stealth Tracer’s instructions shall be deemed to have been notified to Subscriber within 2 (two) business days following their posting by Stealth Tracer on the Website (and any subscriber notice posted on the Website shall be deemed to constitute such notification), irrespective of any other method which Stealth Tracer may have employed to notify Subscriber of such instructions from time to time, and this method shall be deemed to apply equally to notification by Stealth Tracer of Specifications. Subscriber agrees that Stealth Tracer shall have no liability to any extent on any basis to Subscriber or to any third party for any loss or damage suffered or incurred of or to a Vehicle, or for any Equipment or Subscription Service failure, resulting from any failure by Subscriber to comply with their obligations under this Clause 11.3.
11.4 The availability of all Subscription Services shall be conditional at all times upon compliance by Subscriber with these Terms. If Subscriber breaches their obligations under these Terms in any way, including without limitation by way of defaulting or delaying in the payment of any Subscription Charges as and when they fall due, or uses the Subscription Services for any purpose other than the location of the Subscriber’s stolen Vehicle and/or such other purpose as may expressly be permitted under or in accordance with these Terms, Stealth Tracer shall be entitled immediately to terminate the provision to Subscriber of any Subscription Services without liability to Subscriber or any other person on any basis to any extent by reason of such termination. Subscriber accepts and agrees that a subscription to any Subscription Service in no way mitigates or diminishes Subscriber’s duty to take all reasonable steps to keep their Vehicle secure, to obtain and maintain adequate insurance for the Vehicle and to comply at all times with all Subscriber Procedures.
11.5 Subscriber will not interfere or tamper with the Equipment. Only Stealth Tracer appointed representatives will be entitled to inspect or repair any Equipment.
12. Warranty
12.1 Subject to this Clause 12, Stealth Tracer warrants that, if the Equipment becomes inoperative or develops faults by reason of defective components, workmanship or design within the Warranty Period, Stealth Tracer will, on return of the Equipment to the original installer or to Stealth Tracer repair or replace the Equipment free of charge (the “Warranty”). The Warranty shall be Subscriber’s sole and exclusive remedy for any fault or failure of Equipment during the Warranty Period. Stealth Tracer shall have no obligation under this Clause 8.1 if the Equipment has been tampered with, modified or repaired or has otherwise been subject to misuse or accident (“Exclusions”). As a consumer, Subscriber has certain rights under law regarding the return of defective goods, and these Terms shall not affect those rights. If no defect or failure is apparent on or in any Equipment on or following its collection by Stealth Tracer, Stealth Tracer may charge Subscriber a reasonable fee to cover its costs and in its discretion take such action as Stealth Tracer reasonably considers appropriate, including without limitation taking back the relevant Equipment and issuing Subscriber with replacement Equipment, or disposing of same without issuing a replacement.
12.2 Stealth Tracer reserves the right to issue any Equipment with equipment of similar functionality.
12.3 The Warranty applies personally to Subscriber, and is not transferable to a third party.
12.4 During a Subscription Period, Subscriber may contact Stealth Tracer, via such method as Stealth Tracer reasonably determines from time to time and notifies on the Website for this purpose, to discuss any Equipment maintenance issue or query. All diagnosis and fault correction shall, where possible, be done remotely. If it transpires that a maintenance issue was caused by or due to the incorrect operation by Subscriber of properly functioning Equipment, or for any other reason within the reasonable responsibility of Subscriber, or due to any Exclusion, Stealth Tracer may charge Subscriber a fee to replace the Equipment.
12.5 The equipment is a battery-operated device. Stealth Tracer warrants that the equipment will have a life span of 24 months from purchase date based on factory configuration of 2 updates per day. Any changes to this setting as well as atmospheric conditions may deteriorate battery life span. The battery is not replaceable and the Subscriber will need to purchase replacement Equipment (at the discounted rates set out on the Website) in order to continue to receive the Subscription Services. No refund of Subscription Charges shall be made if the battery expires during the Subscription Period.
12.6 To avoid doubt, in all cases and without exception, Subscriber agrees to abide by Stealth Tracer’s professional determination regarding Service use and condition of any Equipment, including without limitation in relation to where responsibility lies with respect to payment of any service and/or Equipment replacement cost or charge, provided that Stealth Tracer has acted reasonably in making such determination (including by way of consulting appropriately with Subscriber, as applicable).
13. Liability
13.1 Neither party shall be liable for any breach of, failure to perform or delay in performing any obligation under, this Agreement which is directly or indirectly caused by circumstances beyond the reasonable control of that party. In the case of Stealth Tracer, such circumstances include Independent Influences.
13.2 Stealth Tracer shall not be liable under these Terms to Subscriber or any third party to any extent on any basis for any loss or damage that was not caused directly by any breach on the part of Stealth Tracer or Stealth Tracer’s employees or agents.
13.3 Stealth Tracer shall not be liable under these Terms to Subscriber or any third party to any extent on any basis for any economic loss (including without limitation any loss of profit, business, revenue, anticipated savings or goodwill) or for any indirect, special or consequential loss or damage, howsoever caused. Subject to the remainder of this Clause 13, Stealth Tracer's total aggregate liability to Subscriber on all grounds will not exceed the sum then received by Stealth Tracer for the provision of Equipment and Subscription Services in the immediately preceding 12-month period.
13.4 Subscriber will pay Stealth Tracer for the cost of all repairs to or replacement of Equipment required due to Subscriber’s fault, misuse or neglect of same, which may in each case be needed to make good such Equipment to Stealth Tracer's satisfaction. If any Equipment is damaged beyond repair or its repair would be uneconomic, Subscriber will be liable for and pay for the replacement cost for that Equipment.
13.5 Nothing in these Terms shall affect Subscriber’s rights under law as a consumer.
13.6 Nothing in these Terms shall be taken or deemed to limit Stealth Tracer's liability for personal injury or death resulting from negligence.
14. Term and Termination
14.1 Subscriber or Stealth Tracer may terminate any Subscription Service (other than a duration subscription) without cause on expiry of the Minimum Subscription Period or expiry of any Continuation Period, in each case on not less than 30 days’ notice in writing to the other party. To avoid doubt, Subscriber shall not be entitled to terminate any Subscription Service without cause at any other time during their subscription, and Subscription Charges shall, for any period during which a subscription is active and Subscription Services are provided or available, not be refundable to Subscriber in whole or part.
14.2 In addition to its rights under Clause 11.4 and 14.1, Stealth Tracer shall be entitled to terminate the Agreement immediately by notice in writing to Subscriber if: (i) Subscriber commits any material or persistent breach of their obligations under the Agreement which, in the case of a breach capable of remedy, remains unremedied 30 (thirty) days after notice in writing from Stealth Tracer to Subscriber requiring remedy; (ii) any Equipment is destroyed or substantially damaged such that Stealth Tracer cannot continue to provide the Subscription Services; (iii) all Vehicles have been sold or disposed of by Subscriber; or (iv) Stealth Tracer is unable for any reason to retain the connections or privileges necessary for provision of the Subscription Services, and in this case Stealth Tracer shall not be under any liability to Subscriber on any basis by reason of such termination other than to refund that proportion of the Subscription Charges relating to the unperformable Subscription Charges for the remainder of the Subscription Period.
14.3 Subscriber shall be entitled to terminate the Agreement immediately by notice in writing to Stealth Tracer if: (i) Stealth Tracer commits any material or persistent breach of its obligations under the Agreement which, in the case of a breach capable of remedy, remains unremedied 30 (thirty) days after notice in writing from Subscriber to Stealth Tracer specifying the breach and requiring it to be remedied; or (ii) Stealth Tracer is in Subscriber’s reasonable judgment unable to pay any debt as it falls due, goes insolvent, or enters an arrangement with its creditors or has an administrative manager or receiver appointed over any of its business or assets.
14.4 In addition to its rights under the rest of this Clauses 14, Stealth Tracer shall be entitled to terminate the Agreement without cause at any time on 30 days’ notice in writing to Subscriber, provided that in the case of termination under this Clause 14.4, Stealth Tracer shall promptly refund to Subscriber any portion of a Subscription Charge paid by Subscriber prior to the termination date and relating to any period following such termination.
14.5 Termination shall be without prejudice to the accrued rights of the parties as at the date of termination.
14.6 Any then-active Subscription shall immediately cease if Subscriber ceases to be the owner or registered keeper of the relevant Vehicle. The Subscriber shall submit a request to Stealth Tracer in writing should they need to deactivate the Equipment in the event they have sold the Vehicle or asset. No refund shall be made for any Subscription Charges paid in advance.
14.7 From the termination date, Subscriber will cease to have access to any Vehicle data provided and collated under or as part of any Service for each Vehicle.
15. General
15.1 Subscriber agrees that the Equipment is not acquired as an anti-theft device, and that Stealth Tracer has made no representation and given no warranty that any Equipment has such properties.
15.2 If any one or more provisions in these Terms is declared invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
15.3 These Terms are personal to Subscriber and relate exclusively to the purchased Subscription Services and Equipment. Unless and to the extent Stealth Tracer agrees otherwise in writing, these Terms may not be assigned by Subscriber in whole or part to any third party. Stealth Tracer may assign the benefit and/or burden of these Terms in whole or part as it sees fit in its sole discretion, provided that Subscriber’s rights and service levels are not thereby materially reduced.
15.4 Stealth Tracer may, in its sole discretion and without liability to any extent to any person on any basis, at any time suspend the Subscription 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 Subscription Services are required by any governmental or regulatory authority, or if the Network operator ceases to trade.
15.5 Neither Stealth Tracer nor Subscriber shall be liable for any delay in performing or any failure to perform any of their respective obligations under these Terms caused by events beyond their control (“Force Majeure”) including, but not limited to, acts 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, severe weather. Independent Influences are also deemed to be matters beyond Stealth Tracer's reasonable control.
15.6 Any notice required or permitted to be given by either party to the other under these Terms shall be in writing either displayed (with appropriate prominence) on the Website, or addressed to that other party at the contact address specified on the Form or such other document as may be provided from time to time by Stealth Tracer or such other address as has, at the relevant time, been notified to the party giving the notice. If sent by mail such notice shall be deemed to have arrived 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.
15.7 These Terms take effect as from the date on which they are posted by Stealth Tracer on the Website, and accordingly from that date apply to existing and new Subscribers. These Terms should in all cases be read in conjunction with any operational or other notice on the Website which may be contemplated by or referred to in these Terms. All Subscription Services and Equipment provided to Subscriber by Stealth Tracer are, subject to the foregoing, provided subject and in accordance with these Terms.
15.8 These Terms shall be governed by English law, and the parties agree to submit to the exclusive jurisdiction of the English courts.
15.9 Subject to providing Subscriber 30 (thirty) days’ notice in writing, Stealth Tracer may in its sole discretion vary any part of this Agreement (including without limitation a Specification). If Subscriber does not agree to the variation and the variation has a non-trivial financial or operational impact on Subscriber, Subscriber may terminate the Agreement under Clause 10. Stealth Tracer will use reasonable endeavours to display the most recent version of the Agreement on the Website.
15.10 All amounts due under this agreement from Subscriber to Stealth Tracer shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15.11 No person or undertaking who is not a party to the Agreement shall have any right to enforce any term of the Agreement under the Contracts (Rights of Third Parties) Act 1999.
16. Data Protection
16.1 Subscriber is under the Agreement giving information to Stealth Tracer which constitutes “personal data” under the EU General Data Protection Regulation (the “GDPR”). Stealth Tracer processes all personal data in accordance with its Privacy Policy the latest version of which is available on the Website.