Thank you for choosing a GNSS Vehicle Tracking Product from Scorpion Automotive Ltd. These Terms and Conditions are applicable to Customers of the following subscription services provided by Scorpion Automotive Limited to the exclusion of all other Terms and Conditions
You can activate your subscription by calling us on +44 (0)1257 249 928 or online
By activating your subscription you are agreeing to these Terms and Conditions so please read them carefully and if appropriate take independent legal advice. We recommend that you print off a copy of these Terms and Conditions for your records. Your attention is drawn to the provisions of clause 11 (Limitation of our liability).
1.1 Definitions
The Customer Agreement constitutes an offer by you to purchase the Service for the duration of the Subscription Term in accordance with these Conditions.
2.2The Customer Agreement shall only be deemed to be accepted when we issue a Customer Agreement Acknowledgement at which point and on which date the Contract shall come into existence (“Commencement Date”).
2.3Any samples, drawings, descriptive manner or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Service described in them. They shall not form part of the Contract or have any contractual force.
2.4These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
We shall, during the Subscription Term, supply the Service to you in accordance with the Services Definition in all material respects using reasonable care and skill.
3.2We shall use reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for:
3.2.aplanned maintenance carried out during the maintenance window of 5.00pm to 11.00pm GMT
3.2.bunscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable en- deavours to give you at least 6 Normal Business Hours' notice in advance
3.2.curgent or emergency maintenance reasonably necessary or desirable
3.2.dcircumstances outside of our reasonable control (as further set out in clause 16.1).
3.3We shall have the right to make any changes to the Service which are necessary to comply with: any applicable law, safety requirement, updates to the standards set by the Thatcham Motor Insurance Repair Research Centre, or which do not materially affect the nature or quality of the Services, and shall notify you in any such event.
3.4The undertakings at clauses 3.1 and 3.2 shall not apply to the extent of any nonconformance which is caused by use of the Service contrary to our instructions, or modification or alteration of the Equipment by any party other than by our duly authorised contractors or agents. If the Service does not conform with the foregoing undertakings, we will, at our expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, and/or (at our sole discretion) reimburse you for the Subscription Fees in respect of any period of nonconformity. Such correction and/or reimbursement constitutes your sole and exclusive remedy for any breach of the undertaking set out in clauses 3.1 and 3.2. Notwithstanding the foregoing, we:
3.4.ado not warrant that your use of the Service will be uninterrupted or error-free; or that the Service will meet your requirements
3.4.bare not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities including, without limitation, those specified in clause 16.1.
You shall
4.1.aensure that you keep all usernames and security passwords completely confidential as they permit access to the Service
4.1.bensure that the terms of the Customer Agreement are complete and accurate
4.1.censure that we have valid and current telephone contact details at all times during the Subscription Term. If you are likely to be un-contactable then you should provide us with contact details for an alternative person who will be responsible for the Vehicle during your absence. If you do not provide us with such contact details we may not be able to provide the Service
4.1.dco-operate with us in all matters relating to the Service
4.1.ecomply with any additional obligations as set out in the relevant Service Definition
4.1.fonly permit our authorised personnel to carry out any installation or modification work on the Equipment
4.1.gnot remove the Equipment from the Vehicle
4.1.hnotify us promptly should you cease to own the Vehicle
4.1.iaccept responsibility to protect the SIM card against theft, loss or abuse, and liability for any costs incurred as a result of the loss or abuse
4.2If you have subscribed to a Thatcham S5-VTS incorporating an Automatic Driver Recognition (ADR) tag or ‘Driver ID’; ‘Rid- er ID’ for motorcycle customers; or you subscribe to the legacy Category 5 service incorporating a driver identification card, and persistently cause false geofence triggers by failing to carry such Driver / Rider ID tag or card, then we may downgrade service levels to a Thatcham S7-ALS (subject to the Equipment installed in your vehicle) or terminate our services at our discretion by notice to you.
4.3If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Customer Default”):
4.3.awe shall, without limiting our other rights or remedies, have the right to suspend performance of the Service to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any of our obligations
4.3.bwe shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 4.3
4.3.cyou shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or in-directly from the Customer Default
Unless we have expressly stated otherwise, you are purchasing the Equipment direct from our Authorised Dealer and we are not a party to that contract. However, as part of the Services, and in addition to any rights or remedies that you may be entitled to against or from the Authorised Dealer, we offer the following warranty in respect of the Equipment to Customers who have the Equipment installed by an Authorised Technician and who purchase the Services from us
5.1If the Equipment becomes inoperative or develops faults as a result of defective components, workmanship or design of the Equipment within the Warranty Period, we will, following removal of the Equipment by an Authorised Technician and return to your nearest authorized dealer, repair or replace the Equipment free of charge (the “Warranty”). The Warranty shall be your sole and exclusive remedy for any fault or failure of Equipment during the Warranty Period. We shall have no obligation under this clause 5 if the Equipment (or its installation) has been tampered with, modified or repaired (except by an Authorised Technician) or has otherwise been subject to misuse or accident. If you are a Consumer, you have certain rights under law regarding the return of defective goods, and these terms shall not affect your statutory rights or rights otherwise under law.
5.2The Authorised Dealer who installed the Equipment is solely responsible for the installation of the Equipment and we shall have no liability for any failure of the Equipment or Services attributable to any failure to install the Equipment in accordance with our instructions from time to time.
5.3The Warranty only applies in respect of Equipment supplied by us or an Authorised Dealer, and we will not be liable for any loss or damage which might reasonably have been prevented if the Equipment had been fully operational but was not so or not known to be so due to any breach by you of your obligations under these Terms and Conditions.
5.4We reserve the right to replace any Equipment with Equipment of similar specification and functionality.
5.5We will have no liability under the warranty for arranging Vehicle transportation and associated costs in moving the Vehicle to an Authorised Dealer or any other location.
5.6If you sell a Vehicle inside of the Warranty Period, the Warranty may be transferred to the new Vehicle owner, provided that:
5.6.ayou notify us in writing of the change in ownership
5.6.bthe new owner registers the Equipment under a new contract and pays the appropriate Subscription Fees.
5.7No warranty or guarantee of any kind is given by us in relation to any free trial or demonstration Equipment or Services provided.
We will not have any liability to any person on any basis for any damage of whatever nature arising out of or incidental to your failure to follow the above instructions and those in the Equipment user manual supplied by us or the Authorised Dealer.
6.2In liaising with the Police you authorise us to pass on to them any information which we may hold and which they request from us in Customer Agreement to assist with their investigations and any subsequent prosecution(s).
6.3The Police are under no obligation to use any information or services that we provide them with and use by them will vary with, and be subject to, other operational demands on them. The Police have full discretion as to their use of our services and/or Equipment for the location of a stolen Vehicle.
6.4Subscription Fees shall not be refundable in whole or part if:
6.4.aIf the Customer cancels within the first 12 months from the Commencement Date.
6.4.bThe Equipment fails to locate your Vehicle and/or recover a stolen Vehicle
6.4.cthe Service fails to operate fully or at all, at any time for reasons outside our control, in accordance with clause 16.1.
6.5We do not warrant or guarantee that the Service will lead to the location of the Vehicle or that any or all of the Services will operate properly or at all in Conditions in Clause 5.5.
Should you no longer own the Vehicle, then no refund, rebate or discount of Subscription Fees is available within the first 12 months from the Commencement Date. After 12 months from the Commencement Date any refund, rebate or discount of Subscription Fees for the unexpired Subscription Term shall be at our sole discretion.
7.2You may transfer the Services to a new vehicle at any time upon written notice to us, but such new vehicle will require the Equipment (or new Equipment) to be installed by an Authorised Dealer. You will be responsible for the cost of any new Equipment and any such removal and installation. Please contact us to discuss your requirements if this is the case.
You shall pay the Subscription Fees to us for the Service in accordance with this clause 8
8.2You shall, as part of your Customer Agreement, provide to us valid, up-to-date and complete credit card or debit card details, and subject to the payment type chosen, any details required by Stripe, PayPal (Europe) S.à r.l. et Cie, S.C.A or Lease & Business Finance Ltd (in the case of a lease agreement), or an approved purchase Customer Agreement acceptable to us and any other relevant valid, up-to-date and complete contact and billing details and if you provide:
8.2.acredit card or debit card details to us, you hereby authorise us to bill such credit card or debit card: (i) on the Commencement Date for the Subscription Fees payable in respect of the Subscription Term; and (ii) on each anniversary of the Commencement Date for the Subscription Fees payable in respect of the next Renewal Period unless we are notified within 10 calendar days of the date of renewal;
8.2.bour approved purchase Customer Agreement information to us, we shall invoice you: (i) on the Commencement Date for the Subscription Fees payable in respect of the Subscription Term; and (ii) if you have chosen to renew the Service, at least 30 days prior to each anniversary of the Commencement Date for the Subscription Fees payable in respect of the next Renewal Period, and you shall pay each invoice within 30 days after the date of such invoice.
8.3If we have not received payment within 30 days after the due date, and without prejudice to any other rights and remedies:
8.3.awe may, without liability to you, suspend all or part of the Service and we shall be under no obligation to provide any or all of the Service while the invoice(s) concerned remain unpaid; and
8.3.bwe may apply interest which shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of The Bank of England from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
8.4All amounts and fees stated or referred to in the Customer Agreement:
8.4.ashall be payable in pounds sterling;
8.4.bare, subject to clauses 11 and 12, non-cancellable and non-refundable;
8.4.care exclusive of value added tax, which shall be added to our invoice(s) at the appropriate rate.
8.5We shall be entitled to increase the Subscription Fees at the start of each Renewal Period upon 30 days' prior notice to you.
8.6Customers can choose from a range of flexible lease options provided by Lease & Business Finance Ltd, a company authorised and regulated by the Financial Conduct Authority. Leasing is subject to credit approval and available to incorporated or LLP companies only. For further details please contact Lease and Business Finance, 2 Fournier House, 8 Tenby Street, Birmingham B1 3AJ telephone: 0121 212 1114. Leased Equipment remains the property of Scorpion Automotive Ltd at all times unless subsequently purchased outright by the Customer.
All Intellectual Property Rights in or arising out of or in connection with the Service and the Equipment shall be owned by us. The Contract does not grant you any rights or licences in respect of such Intellectual Property Rights.
9.2You shall not tamper with, modify or attempt to reverse engineer the Equipment and agree that any software contained on the Equipment or forming part of the Services is our copyright and forms part of our confidential information and shall not be disclosed by you, or used for any purpose other than in respect of the Services for so long as it remains confidential (unless otherwise required by law).
In the Customer Agreement, to manage the provision of Equipment and fulfil the Service provided by us to you, you will supply information to Scorpion Automotive which constitutes “personal data” under the Data protection Act 2018 (the “DPA”). Such information is referred to in this Clause as “Customer Data”. Without prejudice to the generality of the foregoing, if you contact us electronically, we may collect your IP address, telephone number, email address or other methods of electronic identification. We may monitor and record telephone calls in Customer Agreement to improve service and to prevent and detect fraud.
10.2We may use and share Customer Data with our affiliates from time to time and with insurers and re-insurers to reconcile registration details with our records, facilitate insurance claims, help assess financial and insurance risks, facilitate insurance claims, recover debt, prevent and detect crime, understand customer requirements, provide services to customers, and develop and test products and services. We will not otherwise disclose Customer Data except:
10.2.awith your permission; or
10.2.bwhere it is required or permitted to do so by law; or
10.2.cto other carefully selected companies and undertakings who provide services to us or you in connection with the purposes set out in this clause; or
10.2.dwhere we may transfer rights or obligations under the Agreement.
10.3We may obtain personal data about you (and your personnel) from credit reference agencies and fraud prevention agencies to check your credit status and identity. Such agencies will record our enquiries, which may potentially be seen by other undertakings, who may make their own enquiries. If you provide false or inaccurate information and we suspect fraud, we will record this.
10.4We may wish to utilise Equipment in a Vehicle following the expiry or termination of a Subscription Term in circumstances contemplated in these Terms and Conditions. If we do so, such use should be expected also to involve the ongoing processing of certain Customer Data in accordance with our Privacy Policy following such expiry or termination. If you do not want Scorpion Automotive to process such data following expiry or termination, please contact us.
10.5We uses cookies on the Website. For more information on how we use cookies, please read the Scorpion Automotive Cookie notice on the Website.
10.6Where you have chosen to pay for Equipment or a Subscription by direct debit, credit card or lease agreement via our appointed financial provider, we may retain payment details securely to facilitate future efficient and payment management. You may withdraw this consent at any time by calling or writing to us for this purpose.
10.7If you wish to have a copy of your personal data held by us, this right of access is known as a Subject Access Request (SAR). If you wish to make a SAR, please inform us by e-mailing. If request(s) are manifestly unfounded or excessive we may charge a “reasonable fee” for the administrative costs of complying with the request.
10.8We would like to keep you informed by letter, telephone, email and/or SMS messaging of service announcements and related vehicle security products or enhancements which may be of interest to you. If you would prefer not to be kept informed of such updates, please contact us.
10.9Where you are a Business User and you provide Customer Data concerning your officers, employees, agents, subcontractors, or any other third party, you acknowledge that we act as the data controller (as defined in the DPA) in collecting and processing such Customer Data. We shall maintain sufficient and appropriate organizational and technical measures in relation to Customer Data. You are responsible for ensuring that any data provided is done so in compliance with applicable laws and regulations, including securing necessary consents.
10.10In the event of a vehicle theft, on request we may provide all geolocation data recorded as part of the theft event unless provision of the geolocation data could lead to the identity of an individual or individuals. In this instance the geolocation data may only be provided to the Police upon request.
10.11The Privacy policy can be found in your account for review at any time - Privacy Policy
10.13If you have any enquires regarding privacy policy, please email dpo@scorpionauto.com
Nothing in the Contract shall limit or exclude our liability for
11.1.adeath or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors
11.1.bfraud or fraudulent misrepresentation; or
11.1.cany other liability which cannot be limited or excluded by applicable law.
11.2If you are a Business User, subject to clause 11.1,:
11.2.awe shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of damage to goodwill; and (vi) any indirect or consequential loss.
11.2.bour total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the cost of Equipment and the total Subscription Fees paid during the 12 months immediately preceding the date on which the claim arose.
11.2.cthe terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
11.3If you are a Consumer:
11.3.awe shall only be liable to you for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable skill and care, and we shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen; and
11.3.bsubject to clause 11.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of damage to goodwill; or (v) any indirect or consequential loss; and
11.3.cour total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to the cost of Equipment and the total Subscription Fees paid during the 12 months immediately preceding the date on which the claim arose.
11.4In no circumstances will we be liable for any loss or damage incurred to any Vehicle arising from the attempted damage, vandalism or Police involvement in locating and recovering the Vehicle following theft.
11.5This clause 11 shall survive termination of the Contract.
If you are a Consumer, then you have the right to cancel the Contract within 14 days of the Commencement Date but you will still be liable for the pro-rata Subscription Fees for the period from the Commencement Date until we receive notice of such cancellation. If Equipment relevant to such Subscription has already been installed, we (or our Authorised Dealer) may claim back the Equipment and all reasonable installation costs from you. If you request removal of the Equipment, we (or our Authorised Dealer) reserve the right to charge you for this at the then current rate. If you continue to use or access any Service after the end of such 14 day period, all provisions of these Terms will apply.
12.2If you wish to exercise your right to cancel under clause 12.1 you should:
12.2.acall us on: +44 (0)1257 249 928 ; or
12.2.bemail us at: subscriptions@scorpionauto.com ; or
12.2.ccomplete the online cancellation process
12.3We are under a duty to provide services that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the Service. Nothing in these Conditions will affect your legal rights. Summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is a service, the Consumer Rights Act 2015 says:
The Contract shall, unless otherwise terminated as provided in this clause 13, commence on the Commencement Date and shall continue for the Subscription Term.
13.2We will endeavour to notify you at least one month prior to the expiry of the Subscription Term with an offer to renew the Service for a Renewal Period. If you fail to renew the Contract within 30 days of expiry of the relevant Subscription Term, we may disconnect the Equipment from the Service and a reconnection will not be possible in the future.
13.3Without limiting its other rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
13.3.athe other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;
13.3.bthe other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by Customer Agreement of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business.
13.4Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if:
13.4.ayou fail to pay any undisputed amount due under the Contract on the due date for payment and remains in default not less than 30 days after being notified to make such payment; or
13.4.bif you are a Business User, your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.5Without limiting our other rights or remedies, we may suspend provision of the Service under the Contract or any other contract between you and us if you becomes subject to any of the events listed in clauses 13.3 or 13.4 or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract on the due date for payment.
Termination by us of the Contract in accordance with clause 13 shall not give rise to any repayment of any prepaid Subscription Fees, which you agree are non-refundable.
14.2Customers on a monthly payment plan are also subject to a Minimum Subscription Term of 12 months and therefore liable to pay the pro-rata unexpired portion of the Contract for terminations made in the first 12 months of the Commencement Date.
14.3On termination of the Contract for any reason:
14.3.ayou shall immediately pay to us all outstanding unpaid invoices and interest and, in respect of the Service supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
14.3.bthe accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
14.3.cclauses which expressly or by implication survive termination shall continue in full force and effect.
14.3.don termination you agree to inform your insurance provider that you have terminated the service
Our Prices do not include the costs of recycling goods covered by the European WEEE Directive 2002/96/EC.
15.2If the provisions of the European WEEE Directive 2002/96/EC as required in any local jurisdiction apply to the Equipment, the financing and organisation of the disposal of the Equipment are your responsibility and you agree to indemnify us in respect of all such liabilities.
15.3You will ensure that all users of the Equipment will, handle the collection, transportation, delivery, processing and recycling of the Equipment in accordance with all applicable laws and regulations.
Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control including, but not limited to limitations in GNSS (GPS, GLONASS, and/or Galileo) satellite and GSM network coverage and RF interference arising from atmospheric and ionosphere conditions, buildings, other man-made structures and topographic features, radar installations and other sites producing electromagnetic waves (RF only), physical features of the Vehicle itself, failures or outages on any telecommunications networks, war, riot, acts of terrorism, medical crises, civil commotion, labour strikes, embargo, fire, earthquake, flood, severe weather conditions, delay in delivery or services of subcontractors or sub-suppliers, shortage of labour or materials, confiscation or any other unforeseen event (whether or not similar in nature to those specified).
16.2Assignment and other dealings.
16.2.aWe may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
16.2.bYou shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract.
16.3Entire agreement.
16.3.aThe Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.3.bEach party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
16.4Right to Change Terms & Conditions. We have the right to amend these Terms and Conditions to reflect the introduction of new products, product enhancements, changes in technology, changes to payment systems, changes in market conditions and changes to relevant laws.
16.4.aSubject to clause (b) below, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
16.4.bWe may change or add to these Conditions or any Service Definition where required for technical, security, legal or regulatory reasons by giving 30 days’ notice. In the event that such changes materially and adversely affect the Service, you may terminate the Contract upon 14 days’ written notice.
16.5Waiver. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
16.5.awaive that or any other right or remedy; or
16.5.bprevent or restrict the further exercise of that or any other right or remedy.
16.6Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
16.7Notices.
16.7.aAny notice required to be given by us to you under the Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to you at your address set out in the Customer Agreement, or such other address as you may have notified us for such purposes, or sent by email to the email address as provided by you to us.
16.7.bAny notice to be given by you to us under the Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to us at: Scorpion Automotive Ltd, Scorpion House, Drumhead Road, Chorley North Business Park, Chorley, PR6 7DE, UK , or sent by email to subscriptions@scorpionauto.com.
16.7.cA notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9am on the first Business Day following delivery). A correctly addressed notice sent by pre-paid firstclass post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at 9am on the next Business Day.
16.7.dThe provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16.8Third parties. Save for our Authorised Dealers, no one other than a party to the Contract shall have any right to enforce any of its terms.
16.9Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or information shall be governed by, and construed in accordance with the law of England and Wales.
16.10Jurisdiction.
16.10.aIf you are a Business User, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or information.
16.10.bIf you are a Consumer, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or information save that if you live in Scotland, you may also bring proceedings in the courts of Scotland or if you live in Northern Ireland, you may also bring proceedings in the courts of Northern Ireland.
This privacy notice provides you with details of how we collect and process your personal data through your use of our websites and mobile apps including any information you may provide when you purchase a product or service, sign up to our newsletter or take part in a prize draw or competition. The privacy notice is applicable to your use of:
The data controller is the person (or business) who determines the purposes for which, and the way in which,
personal data is processed. By contrast, a data processor is anyone who processes personal data on behalf of
the data controller. This definition relates to our cloud-based tracking services.
Who the data controller is varies depending on the purposes of the processing.
We have appointed a Data Protection Officer (DPO) who provides help and guidance to make sure we apply the best standards to protecting your personal information
Personal data means any information capable of identifying an individual. It does not include anonymised data. We may process the following categories of personal data about you
We may collect data about you by you providing the data directly to us (for example by filling in forms on
our site or by sending us emails). We may automatically collect certain data from you as you use our website
by using cookies and similar technologies. Please see our cookie policy for more details about this.
We may receive data from third parties such as analytics providers such as: Google based outside the EU,
advertising networks such as Facebook based outside the EU, search information providers such as Google based
outside the EU; and providers of technical, payment and delivery services, such as data brokers
or aggregators.
We may also receive data from publicly available sources such as Companies House and the
Electoral Register based inside the EU
Our lawful ground of processing your personal data to send you marketing communications is either your
consent or our legitimate interests (namely to grow our business)
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from
us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you
agreed to receive marketing
communications and in each case you have not opted out of receiving such communications since. Under these
regulations, if you are a limited company, we may send you marketing emails without your consent. However
you can still opt out of receiving marketing emails from us at any time.
Before we share your personal data with any third party for their own marketing purposes we will get your
express consent.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out
links on any
marketing message sent to you or by emailing us at dpo@scorpionauto.comat any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided
as a result of
other transactions, such as purchases, warranty registrations etc.
We may have to share your personal data with the parties set out below:
We occasionally transfer data to providers such as Dropbox and Mailchimp that have servers based
in the United States and providers that have servers based both in the United States and European Union.
Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to
your personal data, so European law has prohibited transfers of personal data out-side of the EEA unless the
transfer meets certain criteria.
Some of our third parties service providers are based outside the European Economic Area (EEA) so their
processing of your
personal data will involve a transfer of data outside the
EEA.
Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of
security of data by ensuring at least one of the following safeguards is implemented:
We have put in place appropriate security measures to prevent your personal data from being accidentally
lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your
personal data to those employees, agents, contractors and other third parties who have a business need to
know such data. They will only process your personal data on our instructions and they are subject to a duty
of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will
notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for,
including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature,and
sensitivity of the
personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the
purposes for which we process your personal data and whether we can achieve those purposes through other
means, and the applicable legal requirements. By law we have to keep basic information about our customers
(including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers
for tax purposes.
In some circumstances you can ask us to delete your data: see below for further
information.
In some circumstances we may anonymise your personal data (so that it can no longer be
associated with you) for research or statistical purposes in which case we may use this information
indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:
Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit
As is common practice with almost all professional websites this site uses cookies, which are any files that are down-loaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality. For more general information on cookies see the Wikipedia article on HTTP Cookies.
You can prevent the selling of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However if you are still looking for more information then you can contact us through one of our preferred contact methods: