Terms of service

GPS2Find_50.png     GPS2Find Tracking Devices

Terms and Conditions

These Terms and Conditions only apply to sales of items made directly between GPS2Find and the end user. By placing an order with us you are bound by these terms unless agreed otherwise in writing.

Definitions
"The company”, “our", "us" and "we" refers to GPS2Find Ltd.  “The customer”, “the purchaser”, "you" and "your" refers to the original company, organisation or individual who purchases goods and/or services directly from GPS2Find Ltd.  "Consumer" refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for 'he”  read 'he or she'“.

General.
These conditions are in place of and exclude all other representations, warranties and conditions except as implied by statute and in particular the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgement and not by reason of any representation by the company. In the absence of a written order from the purchaser, the company's internal order will constitute the basis of the agreement. Unless expressly accepted in writing by the company any variations of or additions to these conditions in a purchaser's order or order form will be deemed to be inapplicable. We may, from time to time, change some or all of the terms of this Agreement. The terms which will apply to you are those which appear on our website on the date which you order from us (your ‘order’). You should print out and retain a copy of those terms at the time at which you send us your order.

Conditional services.
The provision of a GPS tracking service is completely and explicitly conditional upon the availability of: a) GPS satellite signal reception and interpretation; and b)
available earth map tile services provided by Google and/or other map service providers. Our service depends on, and is limited by, their continued availability. GPS2Find cannot be held responsible for any discontinuation or imposed limitation of either service.

The Order
Descriptive and clerical errors are subject to correction. Orders must be placed by the issue of a valid purchase order or other written communication. GPS2Find Ltd reserves the right not to accept any customer order. We will treat your order as an offer to buy and except for retail or mail order sales we will send you an email to confirm receipt of your offer. This e-mail does not mean that your offer has been accepted. Certain products and offers may only be available to qualifying customers, for example in particular geographical areas.

Prices and Quotations
All prices quoted on our site exclude carriage costs which will be added to your order during the checkout process.  VAT, where applicable, has been added to the price of the products at the appropriate rate. Unless explicitly requested, method of carriage will be at our discretion. Any costs omitted or corrections on your invoice will be invoiced / credited later. Please notify us promptly if you are not billed the correct amount and we will correct the error. All advertised/advised/published pricing is subject to change at any time without notice due to market/currency fluctuations and other factors. If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order. All quotations are subject to withdrawal or reasonable variation by the company at any time prior to firm acceptance of an order. No order given to the company based upon a quotation shall be binding upon the company until accepted by the company in writing. The company reserves the right to correct any error or omission or quotation or invoice without prior notice.

Payment
We accept payment by cash, cheque, postal order, most major credit / debit cards and banker's draft. We charge a fee of 2% for card transactions, which is automatically added in the Check Out process.  This is about half the actual transaction fee deducted by PayPal. We bear the other half.
We reserve the right not to dispatch goods until your funds have cleared. We reserve the right to deactivate goods supplied if our invoice has not paid within 30days. All costs, charges and expenses incurred by us in recovering any debt shall be paid by the customer/invoicee. If a payment is made by cheque which is returned unpaid, you shall be liable for all reasonable costs incurred as a result.

Assignment
We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party.

Credit Checking & Validity
We reserve the right to liaise with credit reference and other agencies with regard to your status and submit information accordingly and in line with relevant legislation.

Retention of Title
All goods remain our property until such a time as they have been paid in full. Goods supplied may not be resold by you until they have been paid for in full, unless the new purchaser is made aware that title remains with us until we have been paid in full.

Reselling
If goods are resold without our written permission such sale will invalidate any non statutory returns policy that may be in force.

Delivery & Acceptance
In most cases, unless agreed otherwise, we dispatch using our preferred carrier.
Standard delivery in Ireland / UK is normally made within 5 working days but no absolute guarantee can be given of this or any other delivery times. Where a premium service is requested (e.g. next day, AM delivery or Saturday) our liability extends only to a refund of the premium should the delivery not be attempted on time. Same-day dispatch is subject to the order being received earlier than that working day's 'cut off' time but this may vary with workload or around holiday periods which you will be notified at the time of order. "Working day" is considered to be Monday to Friday, excluding holidays or any other day on which our offices are closed. Deliveries may be made any time between 9am and 6pm. Our standard delivery service covers most parts of Ireland and mainland UK. It is essential that someone will be at the delivery address to receive and sign for the goods. You must inspect goods supplied as soon as practicable after delivery and notify us within a reasonable period of time of delivery any alleged defect or failure to comply with the description of the goods. The goods are at your risk from the time of delivery and no liability will be accepted by us for damage or loss to the products after the time that the delivery document stating that the goods were received has been signed. Failing such notice you will be deemed to have accepted the products and it shall be conclusively presumed that the products are in accordance with the contract and free from any defect or damage, which would be apparent on examination.

Carriage Rates
Our standard Irish and UK mainland handling & delivery costs may be subject to change.

Transit Damage
Goods obviously damaged in transit must be notified to us within 48 hours of receipt. You are advised to keep all packaging as that may be required in the event of a claim.

Returns
This policy does not affect your statutory rights.

14 Day Returns Guarantee. 
We will give you 14-days to assess products bought directly from GPS2Find Ltd, and if it isn't to your liking, return it in good saleable condition and we will give you your money back for the product. Before goods can be returned we must issue a returns authorisation number in order that we can track it accurately. Please ensure that your returns authorisation number is included with your returned item so that you can be credited appropriately. Items being returned should use a suitably packed, insured and traceable carriage method. Items need to be returned within ten (10) days after the returns authorisation number has been provided. Where the original purchase had the delivery charge waived ('Free Delivery'), you may be charged the delivery cost originally waived. We reserve the right to charge a restocking fee on unused, unopened items returned and accepted by GPS2Find Ltd after the 14 day return period. For items that are returned open or with missing or damaged parts other than if faulty, we reserve the right to charge a restocking fee or an amount to cover the cost of the damaged / missing item. Carriage costs will only be refunded in instances where the full product pack has been returned and we determine the products are faulty. Please keep all the warranty information that accompanies your item as this may be needed should there be a fault.In the event of GPS2Find Ltd sending you a replacement for a damaged, defective or wrong item, you must return the damaged, defective or wrong item to us within 14 days of receipt of the replacement.  We reserve the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item as aforesaid.

Product Refunds
If you are returning a pack because of an error on our part or, in accordance with our returns policy, because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your reasonable delivery costs of returning it to us to a limit of £10 per pack. We will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price

Warranty
GPS2Find Ltd. warrants to the original purchaser that this product shall be free from significant defects in material and workmanship for 1 year beginning on the date of purchase as shown on your receipt. Should the product need to be returned it must be sent directly back to the original place of purchase to be processed. Proof of purchase must accompany the returned product. If purchased direct from GPS2Find, a returns authorisation number is required prior to the product being returned to GPS2Find. Product must be returned by signed delivery in suitable protective packaging. This warranty does not apply to product that has been subject to abuse, misuse negligence, tampering or has been modified in any way.  Without prejudice to your rights GPS2Find may replace a defective product or issue a credit note against future purchases. No other warranties, express or implied are made. GPS2Find shall not be liable for any special, incidental or consequential damages whether or not the purpose for which you purchased the product was made known to GPS2Find, the retailer or otherwise. Your statutory rights are not affected in any way

Goods Suitability
It is the customer's responsibility to ensure that the correct goods and correct model are ordered for your purposes. In some circumstances, the capability we specify and advertise of the product may not match that of our published specifications elsewhere, often due to international variations. Please, therefore, refer to our site for the specification. This may also apply to specifications listed within any packaging and user guide/manuals supplied which may not apply to your particular product, either due to product development, varying models, specification change or local variations. It is the responsibility of the customer to renew their subscriptions by checking the Expiry date displayed in the various user interfaces.

GPS precision accuracy
The locational and temporal accuracy of our GPS tracker have limitations due to a large number of factors, most of which are beyond the control of either the customer or GPS2Find Ltd. It is the customer's responsibility to accept that the level of accuracy in any deployment / use of a GPS2Find tracker is dependent on environmental factors, multipath reflections in built areas, Ionospheric and Troposheric conditions, the length of time between position reports, the quality of how it might have been installed, the GPS signal strength reaching the tracker, and suchlike.  GPS2Find shall not be liable for any special, incidental or consequential damages arising from a tracker's use, and its position reports, messages or alerts, or their absence.

Minimum use (Use it or lose it)
SIMs, and tracker accounts on the Trackserver platform, are both deactivated when/if a tracker/SIM has not communicated (Last Comm time), or updated its GPS location (Last valid GPS Fix), in the last 275 days, or in the 100 days following the tracker's subscription expiry date. Trackers can communicate/update only if their subscriptions are maintained/current. GPS2Find is required to avoid monthly payments (SIM rental, data and platform) for trackers/SIMs on trackers that are broken or lost. It is the customer's responsibility to renew their tracker's subscription, although GPS2Find will endeavour to make contact, regarding subscription renewal.

Limitation of Liability

To the fullest extent permissible by law, we will not be liable for damages arising out of or in connection with the provision of products and/or services or the use of our site. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, we do not limit our liability if death or personal injury results from our negligence.
 

Data Protection
GPS2Find is Data Controller in that it collects and retains basic personal information about our customers, such as name and address. Data arising from a GPS tracker doesn't meet the definition of personal data, in that no data field identifies a person's identity, their racial origin, religious beliefs, etc. The responsibilities of a Data Controller are recognised and the 8 fundamental rules in the EU Data Protection Directive 95/46/EC are followed: 1)
We obtain and process information fairly; 2) We keep it for explicit and lawful purposes; 3) We use it in ways compatible with these purposes and do not disclose or share it with anybody; 4) We keep it safe amd secure; 5) We keep it accurate and up to date; 6) We ensure that it is not  excessive; 7) We retain it for no longer than is necessary; 8) We will give a copy to customers on request.

Force Majeure
Whilst we will use our reasonable endeavours to complete our obligations under this agreement, we will not be liable to you or be deemed to be in breach of this agreement if we need to cancel this agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.

Governing Law / Jurisdiction
This Agreement will be governed by and construed in all respects in accordance with Irish law and the parties agree to submit to the exclusive jurisdiction of the Irish courts. We may refuse sales if it is clear that applicable laws will be violated.

GPS2Find Ltd sells their products to the purchaser on the contractual understanding that neither the whole or part of any of the technology which GPS2Find or its supplier may have developed within any of their products will be used on or incorporated in, whether in total or as part of any other product in the field of RFID or GPS save by agreement by an authorized employee of GPS2Find Ltd and then only as specified by a written agreement or license to do so.

The SIM card supplied with/in our devices is our property and is strictly for data only.  Any attempt to use it for voice or to make unrelated SMS messages is an abuse of these Terms and is forbidden and will/may result in the de-activation of the SIM card, thereby making the device non-operational without warning or liability to GPS2Find Ltd. The SIM is and remains the property of GPS2Find Ltd.