AGB

Trusted Trackers: Terms & Conditions

Last updated: 18/10/24

1. Introduction & Overview

1.1 Brand and Scope

These Terms & Conditions (“Terms”) apply to all GPS tracking devices (“Devices”) and related services (“Services”) offered under the Trusted Trackers brand. By purchasing or using our Devices and Services, you agree to these Terms.

1.2 Purpose of Devices

Our Devices are designed to enhance vehicle security, facilitate vehicle tracking, support driver behaviour analysis, and enable fleet management. Some Devices may also provide in-cabin audio recording. All Devices require an active subscription to our TrackMaster Pro platform to function.

1.3 Acceptance of Terms

By completing a purchase via our website, by phone, or through any other channel, you confirm that you have read, understood, and agree to these Terms. If you do not agree, please discontinue any use of our Devices and Services.


2. Definitions

  • “Device” or “GPS Tracker”
    Any hardware under the Trusted Trackers brand, which may include real-time location tracking, driver analytics, fleet management tools, or audio recording. A valid TrackMaster Pro subscription is required for full functionality.

  • “Services”
    All associated software platforms, hosting, subscription plans, and technical support provided in conjunction with the Devices, including TrackMaster Pro.

  • “TrackMaster Pro”
    Our proprietary software platform that enables real-time GPS tracking, audio uploads (for audio-enabled Devices), historical data storage, driver behaviour analysis, and other enhanced features. It is mandatory for ongoing Device use.

  • “Subscription”
    A paid plan for TrackMaster Pro, required for real-time tracking, audio uploads, or other key Services. The Subscription may be offered monthly, annually, or as otherwise specified.

  • “Audio-Recording Feature”
    An optional function capturing in-cabin sound—user-initiated or automatically triggered. This feature also requires an active TrackMaster Pro subscription to upload and store audio.

  • “Consumer”
    An individual purchasing a Device/Service for personal (non-business) use.

  • “Business Customer”
    Any entity or individual purchasing for trade, business, or professional use, including fleet operators or sole traders.

  • “We,” “Us,” or “Our”
    Refers to Trusted Trackers.

  • “You” or “Customer”
    The individual or entity placing an order for, and/or utilising, the Devices or Services.


3. Contract Formation & Applicability

3.1 Offer & Acceptance

  • Listings on our website (or elsewhere) are invitations to treat.

  • A binding contract forms once we confirm your order (e.g., via email). We reserve the right to refuse orders for reasons such as stock unavailability, suspected misuse, or pricing errors.

3.2 Consumer vs. Business

  • If you provide a company name, VAT number, or otherwise indicate business use, you will be treated as a Business Customer.

  • Consumers retain statutory rights under UK law that cannot be waived by these Terms.


4. Device Usage & Obligations

4.1 Device Types

Our Devices may come in various forms, including (but not limited to):

  • OBD Plug-In Trackers (attach to a vehicle’s OBD port),

  • Wired Trackers (connect directly to the vehicle’s battery),

  • Magnetic Trackers (attach externally via magnets).

4.2 Installation & Correct Use

  • You must follow the Device instructions carefully. Improper installation can lead to damage or void the warranty.

  • We disclaim liability for any losses, damages, or liabilities caused by incorrect installation, tampering, or misuse.

4.3 SIM & Network Coverage

  • Each Device comes with a SIM that is locked to that Device’s IMEI. Removal or repurposing is prohibited.

  • We rely on third-party networks for data transmission and cannot guarantee uninterrupted coverage everywhere.

4.4 International & Roaming Usage

  • Our Devices utilise third-party mobile network providers to deliver data connectivity within the United Kingdom and, where applicable, other supported territories.
  • While certain subscription plans may include roaming within Europe or other regions, Devices are intended primarily for use within the United Kingdom unless otherwise agreed in writing.
  • Where a Device is used predominantly outside the United Kingdom, or is deployed internationally for extended or continuous periods, we reserve the right to apply a revised subscription tariff, reasonable additional charges, or require migration to an alternative plan to reflect the applicable network costs.
  • We will use reasonable efforts to notify you in advance of any such changes where practicable.

4.5 Vehicle Security Disclaimer

  • While Devices can enhance vehicle security, they do not guarantee theft prevention or recovery. Thieves may remove, jam, or otherwise thwart the Device.


5. Audio Recording Feature & Fair Use

5.1 Description of the Audio Recording Function

Hardware Capability

  • Certain Devices include an integrated microphone that can capture in-cabin audio. AudioGuard devices, for instance, may initiate recording automatically when ambient noise exceeds a certain threshold (“Noise Ninja” or “Smart Recording”) or when you explicitly tap “Record.”

Limited Purpose

  • The audio feature is primarily intended to enhance vehicle security (e.g., detecting theft or tampering) and to assist with driver-behaviour monitoring. It must not be used for unlawful surveillance, or any other activity violating privacy or data protection laws.

5.2 User Responsibilities & Legal Compliance

Obligation to Follow Applicable Laws

  • You, as the user, bear sole responsibility for deploying the audio-recording feature in accordance with relevant laws (e.g., data protection, privacy, employment legislation). Regulatory requirements can vary by jurisdiction, and it is your duty to ensure compliance.

Occupant Notification

  • We strongly advise informing all occupants (e.g., family, passengers) that audio may be recorded. For personal/domestic use, this includes household members or friends riding in the vehicle.

Commercial Use

  • If you are an employer, fleet operator, or any commercial entity, you must give clear notice to drivers, employees, passengers, or other relevant individuals that audio might be recorded. In certain cases, consent is legally required. Please consult applicable employment and privacy regulations.

5.3 Stickers & Signage

Recommended Disclosure

  • We may provide or suggest an “Audio Recording in Progress” sticker (or similar). By using the audio feature, you acknowledge that placing such a notice is an effective way to notify occupants about potential recording.

User Discretion

  • While we recommend placing this sticker in a clearly visible location, you are ultimately responsible for deciding how best to meet any disclosure obligations. We disclaim liability for any failure to notify occupants as legally mandated.

5.4 Lawful vs. Unlawful Use

No Endorsement of Illegal Surveillance

  • We do not endorse or permit the audio feature to be used for covert eavesdropping without required consent. You must refrain from illegal or similar unauthorised monitoring activities.

Criminal Acts & Trespassers

  • If a thief or other unauthorised person enters your vehicle, their expectation of privacy may be substantially reduced. However, the legality of recording such activity varies by jurisdiction. You are responsible for adhering to local laws on audio capture in such scenarios.

5.5 International Usage

Outside the UK

  • If you operate the audio feature outside the UK, you agree to follow all applicable national or local laws regarding audio recording, privacy, and data protection. We make no guarantee or representation that the feature is lawful outside the UK.

5.6 Disclaimer & Liability

User’s Risk

  • Activating or using the audio feature is done at your own discretion and risk. The quality or reliability of in-cabin audio may depend on ambient noise, device placement, and network constraints.

No Liability for Misuse

  • We disclaim any liability for improper or unlawful audio usage, including failures to comply with local consent or data protection laws.

Indemnification

  • You agree to indemnify and hold us harmless from any third-party claims, damages, or legal proceedings arising from your misuse of the audio feature, including lack of occupant notice or consent.

5.7 Data Handling

Storage & Retention

  • Audio files are stored pursuant to our Data Retention policy (see Section 8) and may be deleted after the specified period. Any disclosure of such files to third parties (e.g., law enforcement) is governed by our Privacy Policy. 

User Control

  • Once you download or export audio files from our platform, you become the data controller of those copies. You are then responsible for storing or sharing them lawfully and securely under applicable regulations.

5.8 Fair Use Policy (Audio Data Consumption)

5.8.1 Purpose

  • We maintain a Fair Use Policy to prevent excessive or abnormal data consumption stemming from continuous or overly frequent in-cabin recording. This ensures that typical domestic or commercial usage remains within reasonable limits and protects against abuse of the audio functionality.

5.8.2 Monitoring & Thresholds

  • We may monitor aggregate data usage for each audio-capable Device. If we observe patterns significantly exceeding what we deem typical for a domestic or commercial plan, we may contact you to reclassify your plan or address potential misuse.

5.8.3 Excessive or Misleading Use

  • If it appears you are employing the audio feature far beyond normal expectations (e.g., disguising commercial use under a domestic plan), we reserve the right to:

    1.  Request that you modify audio settings or reduce usage,

    2. Move you onto a higher-tier or commercial plan, potentially with additional charges,

    3. Suspend or limit audio recording functionalities if misuse continues unabated.


6. TrackMaster Pro Subscriptions

6.1 Mandatory Software

  • Our Devices require TrackMaster Pro, a proprietary software platform enabling real-time tracking, audio uploads (where applicable), driver behaviour analysis, and related features.

  • Without an active TrackMaster Pro subscription, the Device will not function.

6.2 Subscription Purchase Methods

Customers can acquire TrackMaster Pro in one of three ways:

  1. Bundled with Hardware

    • Some Devices (e.g., AudioGuard) may include a bundle where the hardware and software subscription are sold at a single combined price.

    • If you do not power on or otherwise activate the software (Section 6.3), you can cancel and return the bundle (see Section 9) as a Consumer. If the software is activated, the subscription portion is non-refundable.

  2. Separate Line Items (Website)

    • You may purchase the hardware and subscription separately on our website.

    • If the software remains inactivated, you can cancel and return both within the applicable periods. Once the software is activated, the subscription cost is non-refundable.

  3. Hardware from Other Sellers

    • If you buy the hardware alone from a third-party (e.g. Amazon), you may have a short grace period (3 days) for basic testing.

    • Opting into a TrackMaster Pro subscription after that period activates the software immediately (Section 6.3). Once activated, the subscription fee is non-refundable.


6.3 Activation & Immediate Service

“Activation” of TrackMaster Pro occurs at the earliest of either:

  1. Completing a subscription purchase in-app or via our website that enables immediate software functionality, or

  2. Powering on the Device and registering it within TrackMaster Pro (binding the IMEI to your account).

Once activation has occurred, the subscription becomes non-refundable, even if you stop using the service later.

6.4 Waiver of Cooling-Off on Activation

  • By activating TrackMaster Pro (as above), you request immediate supply of digital services and waive any right to cancel the subscription thereafter.

6.5 Billing & Renewal

  • Unless otherwise indicated, subscriptions do not auto-renew. You must renew before expiration to maintain functionality.

  • No refunds apply once the subscription is activated.


7. Warranty & Replacement

7.1 Warranty Coverage

  • Devices carry a manufacturer’s warranty for manufacturing defects over a specified period.

  • This does not cover damage from misuse, physical harm, unauthorised modifications, or water ingress.

7.2 No Repairs

  • We do not offer hardware repairs. If a Device is faulty under warranty, we may replace it at our discretion.

7.3 Claims Procedure

  • To claim under warranty, contact us for a Return Authorisation. If confirmed faulty, we will arrange a replacement at no extra cost.


8. Data Retention & Deletion

8.1 GPS Data

  • GPS location history is stored on TrackMaster Pro for up to 2 years, subject to an active subscription.

8.2 Audio Data

  • Audio recordings are stored for up to 3 months, as per Section 5.4, when the subscription is active.

8.3 End of Subscription

  • If your TrackMaster Pro subscription ends, we may delete all stored data (GPS and audio) 30 days thereafter. You should export or back up any vital data before then.

8.4 User as Data Controller

  • While we hold data on our servers, we act in compliance with our Privacy Policy. Once you download any data, you become responsible for handling that data lawfully.


9. Returns & Refunds (Including TrackMaster Pro)

9.1 Hardware Returns (Consumers)

  1. 14 Days to Notify

    • If you are a Consumer who has not activated the Device’s software (TrackMaster Pro), you have 14 days from the day after delivery to let us know if you want to cancel and return the hardware (or hardware + software bundle).

  2. 14 Days to Return

    • After notifying us, you then have a further 14 days to send the Device back. If the Device is returned unused and inactivated, a full refund will be issued for the hardware (and for the bundled subscription if it was never activated).

9.2 Activated Device or Software

  • If you power on the Device and/or register it in TrackMaster Pro, the subscription cost becomes non-refundable from that point.

  • You may still return the hardware itself under the above timeframes, but the subscription fee (or subscription portion in a bundle) is forfeited once activation has occurred.

9.3 TrackMaster Pro Refund Policy

  1. No Refund After Activation

    • Once TrackMaster Pro is activated (see 6.3), its subscription fee is non-refundable.

  2. Mid-Cycle Cessation

    • If you discontinue the Device or service partway through a billing period, no partial refund is granted for the remaining subscription time.

  3. Bundled Valuations

    • If the Device and software subscription are sold as one price, a portion is allocated to the hardware and a portion to the software. Upon activation, the software portion is non-refundable; the hardware portion may still be refunded if returned unused within the 14-day notification and 14-day return windows.

9.4 Business Customers

  • Business Customers do not enjoy these rights and can only return Devices if faulty, if otherwise agreed in writing and at the discretion of Trusted Trackers.

9.5 Return Process

  • Notify us by email or another written method within 14 days of receiving the Device if you wish to cancel. You then have 14 more days to physically return it.

  • Unless the Device is faulty, return shipping costs fall to you. We reserve the right to inspect the Device before approving any refund.


10. Liability & Disclaimers

10.1 No Guaranteed Network Coverage

  • We rely on third-party mobile networks. Coverage may be affected by geography, obstructions, or outages. We disclaim liability for interruptions caused by these factors.

10.2 Limitations of Liability

  • We exclude liability for indirect or consequential losses (lost profits, data, opportunities).

  • Our total liability for any claim (whether in contract, tort, etc.) is capped at the Device purchase price and/or subscription fees paid in the 12 months preceding the claim.

10.3 Indemnity for Misuse

  • You indemnify us against claims arising from:

    • Unauthorised audio recording or privacy violations,

    • Misuse of the Device or TrackMaster Pro,

    • Deceptive usage (e.g., commercial usage on a domestic plan).

10.4 Force Majeure

  • We are not liable for delays or non-performance caused by events beyond our control (disasters, strikes, network failures, etc.).


11. Additional Business Terms

11.1 Fleet & Employment Compliance

  • Business Customers using Devices for fleet or employee tracking must comply with all employment and privacy laws, including staff notification and consent for location or audio recording.

11.2 No Consumer Protections

  • Business Customers acknowledge that consumer protections (such as the statutory 14-day return period) do not apply to commercial transactions.


12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England & Wales.

12.2 Jurisdiction

  • Consumers may bring proceedings in the courts of England & Wales or, if they live in Scotland or Northern Ireland, in those local courts.

  • Business Customers submit to the exclusive jurisdiction of the courts of England & Wales.


13. Final Provisions

13.1 Severability

If any provision is held invalid or unenforceable, the remainder still applies.

13.2 No Waiver

Failure or delay to enforce a right under these Terms is not a waiver of that right.

13.3 Entire Agreement

These Terms, alongside any product or subscription documents, constitute the entire agreement between you and us, overriding prior discussions or communications.

13.4 Privacy Policy

Refer to our Privacy Policy for details on how we handle personal data (including GPS and audio) in compliance with data protection laws.

13.5 Contact Us

For queries about these Terms or to request support, please see our contact details on our official website.


14. Company Information

Trusted Trackers is a registered trading name of Webster Support Services Limited (Company No. 09629879), registered in England & Wales, with its registered office at 7 Park Row, Leeds, LS1 5HD. VAT Number: 467922943. This address is not open to the public.


15. Legal Compliance

No Legal Advice:

The information contained in these Terms & Conditions is provided for general informational purposes only and does not constitute legal advice. We do not guarantee that your use of the Device or Services will comply with all applicable laws and regulations in your jurisdiction. It is your responsibility to seek professional legal advice regarding any questions or concerns about the lawful use of the Device, audio recording, data protection, or privacy requirements.