BIKETRAC TERMS & CONDITIONS
Below are the legally binding Terms & Conditions of using BikeTrac as a product/service that must be agreed to before registering for an account.
Location of a stolen vehicle
1 Please note that BikeTrac is a product designed to alert you by SMS text message and/or email if your vehicle is moving without keys and ignition off, when the system is ‘armed’. Location of the vehicle is shared with the Police. If required BikeTrac Limited will attend location to use RF (VHF) in liaison with the Police. Recovery of a stolen vehicle (or other asset with BikeTrac fitted) is not currently part of the service provided. No liability will be accepted by BikeTrac Limited to recover a stolen or lost vehicle or asset, nor will BikeTrac Limited be liable to reimburse the owner should their vehicle not be recovered, or if it is damaged.
2 BikeTrac Limited also takes no responsibility if your BikeTrac unit has been installed incorrectly, resulting in malfunctioning of the system and/or theft of a vehicle.
3 Subscribers must not attempt to recover a stolen vehicle (or any other asset fitted with BikeTrac). Subscribers must contact their local Police authority who will decide whether to utilise the BikeTrac system as part of their recovery and/or criminal investigation efforts.
4 If a vehicle is stolen and not recovered, BikeTrac Limited will not refund any pre-paid subscriptions. Direct Debits can be cancelled in accordance with section 8 of these terms and conditions. Subscriptions may be transferred to brand-new BikeTrac units, however not second hand units.
Terms and conditions of BikeTrac services
1 These terms are considered by BikeTrac Limited to set out the whole agreement between it and the Subscriber in respect of goods and services concerning BikeTrac. Please read these terms before fitting and installing BikeTrac. By fitting and / or installing BikeTrac you agree to these terms and that they are legally binding.
2 The BikeTrac service will become available to the subscriber no longer than 24 hours following successful installation of the hardware, successful registration of the product and the successful purchasing of relevant subscriptions with BikeTrac Limited – providing the procedures as set out in this manual are adhered to. Subject to these terms, BikeTrac Limited will use all reasonable measures to maintain the BikeTrac services to the subscriber for the subscription period.
3 The subscriber agrees to comply with all subscriber procedures provided to the subscriber in this document and through other communication by BikeTrac Limited.
4 Upon becoming aware or suspecting a vehicle has been stolen, the subscriber must immediately take the following actions:
1 Notify the police and advise them that the vehicle is fitted with a tracking device and get a crime reference number. It is important the the crime number is passed to the SOC (Secure Operating Centre) who represent BikeTrac Limited
2 Access to the map via web portal or APP will be prohibited upon the device being confirmed stolen. Access will be reinstated once a resolution is achieved. This is in accordance with Thatcham accreditation.
5 Regardless of the manner in which the subscriber becomes aware of the stolen vehicle, it remains the responsibility of the subscriber to inform the police and liaise to recover the vehicle. Due to the many factors outside of its controls, BikeTrac Limited does not guarantee that the BikeTrac system will lead to the location of the Subscriber’s stolen vehicle.
6 If the Subscriber uses the BikeTrac system for any other purpose other than the location of the Subscriber’s stolen vehicle and/or other than in accordance with these terms, BikeTrac Limited may be entitled to claim damages (where applicable) in accordance with the general rules of English law and will be entitled to terminate these terms.
7 The BikeTrac service is only provided for use within the United Kingdom. The service may operate abroad, however BikeTrac Limited makes no guarantees to its accuracy.
8 is up to the customer to ensure their contact details are kept up to date on the BikeTrac system. BikeTrac Limited will take no responsibility and accept no liability should the BikeTrac system fail due to inaccurate Subscriber contact information on the BikeTrac system.
9 BikeTrac must be fitted by a professional automotive electrician with a Thatcham or manufacturers accreditation. BikeTrac Limited will not give any advice to Subscribers on how to fit the unit to their vehicle.
1 All subscription charges and other payments under these terms must be paid in advance as set out on any order forms, online or in printing. There is a minimum of a 12 month subscription period, and may be paid for by monthly recurring payment or one, two or three year periods. All subscriptions may be terminated at any time in accordance with clause 8 below.
2 BikeTrac Limited will endeavour to remind Subscribers when their subscriptions are about to expire, however no guarantees can be made that this will be the case. It is the responsibility of the Subscriber to ensure their subscription is up-to-date and valid.
3 The Subscriber accepts that their subscription to the BikeTrac service in no way mitigates their responsibility to ensure their vehicle is safe at all times, to obtain adequate insurance for the vehicle or to comply with the Subscriber procedures set out in this document.
4 It is always possible that, despite our best efforts, some of the goods and services we sell and supply may be incorrectly priced. If the correct price of our goods or services is higher than the stated price, we will normally, at our discretion, contact you before accepting your request, or reject your request and tell you. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide any goods or services at the incorrect (lower) price.
5 If you do not agree to the variation of the subscription fees notified to you in accordance with 3.4 of these terms & conditions you may be able to return and/or cancel the service it relates to. Please see section 8 of these terms and conditions, ‘Term and Termination’.
6 It is up to the Subscriber to ensure they have a valid subscription. If the Subscriber does not have a valid subscription then they will not receive any alerts such as stolen alerts or low battery level warnings. All historical journey data will also be lost if the subscription expires. BikeTrac Limited will not be held liable for any loss of data resulting from an expired or invalid subscription.
1 are non transferable to new keeper and are non refundable. Subscriptions stays with the original owner and therefore can be transferred from bike to bike and from old device to new device.
1 If the equipment becomes inoperative or develops faults due to defective components, workmanship or design within the warranty period, BikeTrac Limited or one of its agents upon the return of the faulty equipment to the original seller will (at its option) repair or replace the equipment free of charge. BikeTrac Limited shall have no such obligation if the equipment or installation has been tampered with, modified or repaired by persons other than approved BikeTrac Limited representatives, or has otherwise been subject to misuse, accident or fair wear and tear. As a consumer the Subscriber has certain rights under law regarding the return of defective goods and these terms shall not affect the Subscriber’s rights under law. These terms apply to any repaired or replaced goods supplied to the Subscriber.
2 BikeTrac must be fitted by a professional automotive electrician with a Thatcham or manufacturers accreditation.
Limitation of liability
1 BikeTrac Limited shall not be liable under these terms for any loss or damage that was not caused by any breach on the part of BikeTrac Limited or its employees.
2 BikeTrac Limited shall not be liable for losses that result from its failure to comply with these terms including, but not limited to, losses that fall into the following categories: loss of income or revenue; loss of business; loss of anticipated savings; loss of data; or any waste of time. However, this 5.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
3 Nothing in these terms shall affect the Subscriber’s rights under law as a consumer or act to exclude or limit any liability which at law cannot be excluded or limited.
4 The total aggregate liability of BikeTrac Limited in connection with these terms whether for negligence or breach of contract or otherwise shall in no event exceed one hundred percent of the consideration received by BikeTrac Limited from the Subscriber.
5 It is up to the Subscriber to keep his/her username and password safe at all times.
6 Should any one or more of the provisions contained in these terms be declared invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions contained in these terms shall not in any way be affected or implied.
1 These terms specifically relate to the Subscriber and the vehicle the BikeTrac unit is fitted to. Unless BikeTrac Limited agrees otherwise, these terms may not be transferred to any third party, unless that third party has agreed separately to these terms and conditions occurring from the transfer of ownership of the BikeTrac product.
Suspension of BikeTrac services
1 BikeTrac Limited may, at its sole discretion and without liability, at any time suspend the BikeTrac 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 the BikeTrac services are required for any reason, or if the Network operator ceases to trade.
2 Neither BikeTrac Limited nor the Subscriber shall be liable for any delay in performing or any failure to perform any of its obligations under these terms caused by events beyond their control, including but not limited to, act 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, or severe weather. The functioning of the VHF and/or GPS/GSM networks are matters beyond BikeTrac Limited’s reasonable control.
Term and Termination
1 Either BikeTrac Limited or the Subscriber shall be entitled to terminate the BikeTrac services in the event that the Subscriber or BikeTrac Limited is in serious or persistent breach of these terms and (where capable of remedy) such breach has not been remedied within 30 days of a notice requiring remedy.
2 BikeTrac Limited may change or add to these terms by notifying the Subscriber in writing. BikeTrac Limited will give the subscriber at least one month’s notice of any changes. The Subscriber may within one month after the service of such notice give one months notice in writing terminating these terms if the Subscriber reasonably considers that they have been disadvantaged by the change.
3 BikeTrac Limited shall be entitled to terminate the BikeTrac services and the subscription period upon the termination of the Subscribers ownership of the vehicle. Any subscription fees paid up-front are non-refundable.
4 Termination shall be without prejudice to the accrued rights of the parties as at the date of termination. If the Subscriber wishes to terminate these terms the Subscriber must notify BikeTrac Limited in writing in accordance with clause 9.
5 If the subscriber should sell or otherwise cease to be the owner of the BikeTrac unit, they must notify BikeTrac Limited immediately that there has been a change of ownership.
1 Any notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to the other party at the contact address specified when the Subscriber first registered their BikeTrac product with BikeTrac Limited, or alternate address communicated by either party to the other in writing after registration. If a communication is sent by e-mail it shall be deemed to have arrived 12 hours after transmission, if sent by post 3 working days after posting and if sent by facsimile 12 hours after transmission. If such notice is delivered personally or by courier to the address it shall be deemed to have been received with immediate effect upon delivery.
2 These terms are governed by the relevant United Kingdom laws and are subject to the jurisdiction of the relevant courts of the United Kingdom.
1 The Subscriber is giving their information to BikeTrac Limited, a privately owned UK company.
2 If the Subscriber contacts BikeTrac Limited electronically, BikeTrac Limited may collect the Subscribers electronic identifier such as Internet Protocol (IP) address or telephone number supplied by the Subscribers service provider.
3 BikeTrac Limited will use the Subscribers information to manage their BikeTrac Limited product and account, and will not disclose the Subscribers information to any external parties, without their prior consent. BikeTrac Limited may monitor telephone calls in order to improve service levels and to prevent and detect fraud.
4 BikeTrac Limited would like to keep Subscribers informed by letter, phone and electronic means (including email and mobile messaging) about products, services and additional benefits that BikeTrac Limited believes may be of interest to the Subscriber. If the Subscriber does not want this, then they must tell BikeTrac Limited the next time the Subscriber contacts the company.
5 If the subscriber wants a copy of the information BikeTrac Limited holds about them, they must contact BikeTrac Limited in writing at: Data Protection Officer, BikeTrac Limited, Innovation Centre, Silverstone Circuit, Silverstone, Northamptonshire, NN12 8GX, United Kingdom
For Biketrac Terms & Condition Updates please refer to there website at https://biketrac.co.uk/terms-conditions