Terms & Conditions

Where to find information about us and our products

You can find everything you need to know about the App and Telematics Service provided by Matrix
Telematics Limited on the website www.availablecartracking.com. We have developed a Telematics Service
comprised of certain software applications which allow you to monitor and interact with your telematics
For more information about the Recovery Services we offer, please see www.availablecartracking.com/recovery.

BY DOWNLOADING THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS
DO NOT DOWNLOAD THE APP.

We, Matrix Telematics Limited, of Matrix House, Merlin Court, Atlantic St, Altrincham WA14 5NL, license
you to use:

 

• Trak+ mobile application software, the data supplied with the software, ("App") and any updates or supplements to it;

• the related online documentation ("Documentation"); and.

• the service you connect to via the App and the content we provide to you through it

• ("Telematics Service"),
   

as permitted in these terms.

This App requires around 5Mb of spare memory capacity for IOS and 12Mb for Android. Operating systems need to be IOS OS15 and above and Android 8.1 or above.

You must be 18 or over to accept these terms and download the App.

Apple App Store and Google Play Store terms also apply.

The ways in which you can use the App and Documentation may also be controlled by the Apple App Store or Google Play Store rules and policies (depending on where you downloaded the App from) The Apple App Store or Google Play Store (as applicable) rules and policies will apply instead of these terms where there are differences between these terms and the Apple App Store or Google Play Store terms.

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Use of the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

​

• download a copy of the App onto your mobile smartphone(s) and view, use and display the App and the Telematics Service on such devices for your personal purposes only.

• use any Documentation to support your permitted use of the App and the Telematics Service;

• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
   

Registration and Account
In order to use the Telematics Service, you must have an account with us and you must have registered a telematics device on your account.

You may apply to register a telematics device for the Telematics Service by clicking on the relevant App & Telematics Service product offering at www.availablecartracking.com If you do not already have a Trak+ App account, you will be prompted to create one when you sign up to use the Telematics Service on the App.

Once we have received your application to register a telematics device, we will send you a confirmation e-mail to the e-mail address you provided during registration which will confirm that we have received your application and that you have been registered to use the Telematics Service. You may use the Telematics Service as soon as you have received this confirmation e-mail. This e-mail will also contain a verification link which you must click in order to verify your e-mail address and link this to your Trak+ account, and requests you to change your temporary password.

You must enter your details correctly as part of the registration process and keep these details up to date at all times. The details you provide must be personal to you, must be valid and must not be assigned to any other Trak+ account. You may not create multiple accounts using temporary email addresses. You may not register an account using someone else's details.

How you can use our Telematics Service and App
You have a non-exclusive, non-transferable right, to access and use, our Telematics Service and App during the term of your contract with us for your own personal use.

You must not access, store, distribute or transmit any viruses, or any material, thing or device during your use of the App or Telematics Service that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (vi) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability or prejudice to its other rights to you disable your access to any material that breaches this provision.

You must not (except as may be allowed by any applicable law): (i) attempt to copy, translate, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the documentation we may provide to you in any form or media or by any means; or (ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the App or Telematics Service; or (iii) access all or any part of the App or Telematics Service and any documentation we provide to you in order to build a product or service which competes with the App or Telematics Service and/or any documentation we
may provide to you; or (iv) use the App or Telematics Service and/or any documentation we may provide to you to provide the App or Telematics Service to third parties; or (v) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the App or Telematics Service and/or any documentation we may provide to you to any third party, or (vi) attempt to obtain, or assist third parties in obtaining, access to the App or Telematics Service and/or any documentation we may provide to you; or (vii) introduce or permit the introduction of, any virus or vulnerability into our network and information systems; or (viii) infringe our intellectual property rights
or those of any third party in relation to your use of the App or any Telematics Service (to the extent that such use is not licensed by these terms).

Any interaction with Matrix Telematics Limited via the App (including via your account) will be attributed to you. This also applies if third parties have acted through your account if you allowed them to access or use your account either by act or omission. You must not allow any unauthorised access to, or use of, your account, the App or Telematics Service and/or any documentation we may provide to you and, in the event of any such unauthorised access or use, you must promptly notify us and request that we change your access information by contacting us at – support@trakplus.co.uk

 

We will only accept orders for the Telematics Service when we have checked your order
We will contact you to confirm we have received your order for the Telematics Service and we accept it when we supply the Service and confirm supply to you.

Sometimes we reject orders
Sometimes we reject orders for the Telematics Service, for example, because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when we accept your order
For some subscription products such as the Telematics Service, we take payment at regular intervals (either monthly or yearly), as explained to you during the order process.

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the Telematics Service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control
If our provision of the Telematics Service or support for the App or the Telematics Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and will do what we can to reduce the delay. As long as we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Telematics Service you have paid for but not received.

If you bought online, you have a legal right to change your mind
Your legal right to change your mind. For most of our products online, you have 14 days after the date we confirm your order to change your mind about a purchase, but:

• you lose the right to cancel any service, when it's been completed (and you must pay for any services provided up the time you cancel); and

• you lose the right to cancel your purchase of any digital product, when you start to download or stream it.

 

How to let us know and what happens next. To let us know you want to change your mind, contact our Customer Service Team – support@trakplus.co.uk. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for a subscription to the App or Telematics Service) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team – support@trakplus.co.uk

You have rights if there is something wrong with your product

If you think there is something wrong with the Telematics Service or the App, you must contact our Customer Service Team –  support@trakplus.co.uk We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.