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Terms and Conditions

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. Definitions & Interpretation

1.1 Definitions

  • Authorised Dealer - a business whose technicians are authorised by us to install, test, maintain and uninstall Equipment.
  • Authorised Technician - a technician appointed and authorised by the Authorised Dealer to install, test, maintain and uninstall Equipment.
  • Business Day - a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
  • Business User - a customer who is purchasing the Service and who is not a ‘consumer’ under the Consumer Rights Act 2015.
  • Charges - the charges payable by you for the supply of the Service in accordance with clause 8.
  • “Commencement Date” has the meaning set out in clause 2.2.
  • Conditions - these Terms and Conditions as amended from time to time in accordance with clause 16.4.
  • Consumer - a customer who is purchasing the Service and who is an individual acting for purposes that are wholly or mainly outside that individual’s trade, business or profession as defined under section 2 of the Consumer Rights Act 2015.
  • Contract - the contract between us and you for the supply of the Service in accordance with these Conditions.
  • Customer Agreement Acknowledgement - The record created upon accepting the terms confirming your agreement, at which point a legally binding agreement will be created between us and you.
  • Customer Agreement - your agreement for the Service as set out in these terms via the website and application or as made over the phone with our Customer Support Team and subsequently confirmed in writing by us to you.
  • Customer Default - has the meaning set out in clause 4.3.
  • Customer - you, the Business User or Consumer who is purchasing the Service.
  • Equipment - the Tracking Unit manufactured by Scorpion Automotive and installed successfully by one of our Authorised Dealers.
  • GNSS - Global Navigation Satellite System. Scorpion Services utilise one or a combination of GPS, GLONASS and Galileo GNSS systems.
  • Intellectual Property Rights - patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know- how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • Normal Business - shall mean 8:30am to 5:00pm (Monday to Friday) excluding Bank Holidays (England & Wales) and our Christmas Holiday closure (details available on request).
  • Police - a Police Force, Police Authority, Commissioner of Police, Chief Constable, or any equivalent in the country in which the your Vehicle is located.
  • Service Definition - the description or specification of the Service you have as per the Customer Agreement
  • Service - the service(s) supplied by us to you as set out in the Services Definition.
  • Subscription Fees - the fees payable by you to us for the provision of the Service as set out in the Customer Agreement.
  • Subscription Term - the term of this agreement as set out in the Customer Agreement from the Commencement Date subject to a minimum period of 12 months.
  • Vehicle - the vehicle into which the Equipment has been installed.
  • Warranty Period - Shall be a total of 24 months from date of installations
  • Warranty - has the meaning set out in clause 5.
  • We, Us, Our - Scorpion Automotive Limited registered in England and Wales with company number 06969452.
  • You - the Customer who purchases the Service from us.
1.2 Interpretation
  • A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  • Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • A reference to writing or written includes email.

2. Basis of Contract
2.1

The Customer Agreement constitutes an offer by you to purchase the Service for the duration of the Subscription Term in accordance with these Conditions.

2.2

The 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”).

2.3

Any 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.

2.4

These 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.

3. Supply of Services
3.1

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.

3.2

We shall use reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for:

3.2.a

planned maintenance carried out during the maintenance window of 5.00pm to 11.00pm GMT

3.2.b

unscheduled 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.c

urgent or emergency maintenance reasonably necessary or desirable

3.2.d

circumstances outside of our reasonable control (as further set out in clause 16.1).

3.3

We 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.

3.4

The 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.a

do not warrant that your use of the Service will be uninterrupted or error-free; or that the Service will meet your requirements

3.4.b

are 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.

4. Your Obligations
4.1

You shall

4.1.a

ensure that you keep all usernames and security passwords completely confidential as they permit access to the Service

4.1.b

ensure that the terms of the Customer Agreement are complete and accurate

4.1.c

ensure 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.d

co-operate with us in all matters relating to the Service

4.1.e

comply with any additional obligations as set out in the relevant Service Definition

4.1.f

only permit our authorised personnel to carry out any installation or modification work on the Equipment

4.1.g

not remove the Equipment from the Vehicle

4.1.h

notify us promptly should you cease to own the Vehicle

4.1.i

accept 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

4.2

If 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.

4.3

If 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.a

we 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.b

we 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.c

you 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

5. Warranty

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

5.1

If 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.

5.2

The 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.

5.3

The 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.

5.4

We reserve the right to replace any Equipment with Equipment of similar specification and functionality.

5.5

We 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.

5.6

If you sell a Vehicle inside of the Warranty Period, the Warranty may be transferred to the new Vehicle owner, provided that:

5.6.a

you notify us in writing of the change in ownership

5.6.b

the new owner registers the Equipment under a new contract and pays the appropriate Subscription Fees.

5.7

No warranty or guarantee of any kind is given by us in relation to any free trial or demonstration Equipment or Services provided.

6. Theft of the Vehicle
6.1

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.

6.2

In 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).

6.3

The 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.

6.4

Subscription Fees shall not be refundable in whole or part if:

6.4.a

If the Customer cancels within the first 12 months from the Commencement Date.

6.4.b

The Equipment fails to locate your Vehicle and/or recover a stolen Vehicle

6.4.c

the Service fails to operate fully or at all, at any time for reasons outside our control, in accordance with clause 16.1.

6.5

We 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.

7. Change of Vehicle
7.1

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.

7.2

You 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.

8. Charges and Payment
8.1

You shall pay the Subscription Fees to us for the Service in accordance with this clause 8

8.2

You 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.a

credit 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.b

our 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.

8.3

If we have not received payment within 30 days after the due date, and without prejudice to any other rights and remedies:

8.3.a

we 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.b

we 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.

8.4

All amounts and fees stated or referred to in the Customer Agreement:

8.4.a

shall be payable in pounds sterling;

8.4.b

are, subject to clauses 11 and 12, non-cancellable and non-refundable;

8.4.c

are exclusive of value added tax, which shall be added to our invoice(s) at the appropriate rate.

8.5

We shall be entitled to increase the Subscription Fees at the start of each Renewal Period upon 30 days' prior notice to you.

8.6

Customers 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.

9. Intellectual Property Rights
9.1

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.

9.2

You 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).

10. Data Protection
10.1

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.

10.2

We 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.a

with your permission; or

10.2.b

where it is required or permitted to do so by law; or

10.2.c

to 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.d

where we may transfer rights or obligations under the Agreement.

10.3

We 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.

10.4

We 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.

10.5

We uses cookies on the Website. For more information on how we use cookies, please read the Scorpion Automotive Cookie notice on the Website.

10.6

Where 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.

10.7

If 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.

10.8

We 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.

10.9

Where 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.

10.10

In 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.

10.11

The Privacy policy can be found in your account for review at any time - Privacy Policy

10.13

If you have any enquires regarding privacy policy, please email dpo@scorpionauto.com

11. Limitation of Liability
11.1

Nothing in the Contract shall limit or exclude our liability for

11.1.a

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors

11.1.b

fraud or fraudulent misrepresentation; or

11.1.c

any other liability which cannot be limited or excluded by applicable law.

11.2

If you are a Business User, subject to clause 11.1,:

11.2.a

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 anticipated savings; (v) loss of damage to goodwill; and (vi) any indirect or consequential loss.

11.2.b

our 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.c

the 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.

11.3

If you are a Consumer:

11.3.a

we 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.b

subject 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.c

our 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.

11.4

In 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.

11.5

This clause 11 shall survive termination of the Contract.

12. Consumer Rights
12.1

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.

12.2

If you wish to exercise your right to cancel under clause 12.1 you should:

12.2.a

call us on: +44 (0)1257 249 928 ; or

12.2.b

email us at: subscriptions@scorpionauto.com ; or

12.2.c

complete the online cancellation process

12.3

We 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:

  • You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
  • If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
  • If you haven't agreed a time for performance of the services beforehand, it must be carried out within a reasonable time.

13. Term and Termination
13.1

The Contract shall, unless otherwise terminated as provided in this clause 13, commence on the Commencement Date and shall continue for the Subscription Term.

13.2

We 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.

13.3

Without 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.a

the 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.b

the 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.

13.4

Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice to you if:

13.4.a

you 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.b

if 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.

13.5

Without 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.

14. Consequences of Termination
14.1

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.

14.2

Customers 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.

14.3

On termination of the Contract for any reason:

14.3.a

you 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.b

the 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.c

clauses which expressly or by implication survive termination shall continue in full force and effect.

14.3.d

on termination you agree to inform your insurance provider that you have terminated the service

15. European WEEE Directive 2002/96/EC
15.1

Our Prices do not include the costs of recycling goods covered by the European WEEE Directive 2002/96/EC.

15.2

If 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.

15.3

You 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.

16. General
16.1

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).

16.2

Assignment and other dealings.

16.2.a

We 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.b

You 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.

16.3

Entire agreement.

16.3.a

The 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.b

Each 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.

16.4

Right 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.a

Subject 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.b

We 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.

16.5

Waiver. 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.a

waive that or any other right or remedy; or

16.5.b

prevent or restrict the further exercise of that or any other right or remedy.

16.6

Severance. 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.

16.7

Notices.

16.7.a

Any 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.b

Any 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.c

A 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.d

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16.8

Third 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.

16.9

Governing 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.

16.10

Jurisdiction.

16.10.a

If 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.b

If 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.

Privacy Policy
1. Introduction

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 publicly accessible websites.
  • The websites and iOS and Android mobile applications which form part of our tracking system product offering
By providing us with your data, you warrant to us that you are over 13 years of age

2. Who is the Data Controller & Data Processor?

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.

  • Where we are providing our Products and Services, via the websites that form part of our tracking system product offering, our client is the data controller, and we are the data processor. For our tracking system customers, it’s important to understand that from a data protection perspective, Scorpion Automotive does not set the purpose of why personal data is being processed. The legitimate purpose is solely defined by our customers, which makes the customer the data controller.
Where we are acting in our own rights for our own business purposes, for example for the processing of client data, we are data controller. In the capacity of data controller, Scorpion Automotive Ltd are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice.

3. Our Data Protection Officer

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

  • Professor Alan Gillies, Doctor Honoris Causa
If you have any questions about how we use your personal information please forward your Data Protection enquiries to
  • dpo@scorpionauto.com
  • Data Protection Officer, Scorpion Automotive, Scorpion House, Chorley North Business Park, Drumhead Road, Chorley, PR6 7DE, UK
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

It is very important that the information we hold about you is accurate and up to date. Customers of our tracking system products can perform such updates using the product’s website or mobile application. For other customers, please let us know if at any time your personal information changes by emailing us at dpo@scorpionauto.com.

4. What Data Do We Collect About You

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

  • Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
  • Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details,purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
  • User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our web-site, page views and navigation paths, details about the number of times you use our website,time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website,to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in his case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
  • Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to par-take in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
  • We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
  • Vehicle Data that includes data about your vehicle make, model, registration, VIN number and its geographical location history. We process this data to supply our goods and/or services. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
We may also process Aggregated Data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your Usage Data to work out the percentage of website users using a specific website page or feature of our web based tracking systems. If we link the Aggregated Data with your personal data so that you can be identified from it, then it is treated as personal data.

People whose data we receive from our customers as an emergency contact. You may have been appointed as an emergency contact by a customer of one of our tracking products. In this instance, only basic identity and contact data has been stored (your first name, last name, email address and telephone number). We may use this personal data to contact you in the case of a vehicle theft, accident or emergency affecting the customer. We will not use your emergency contact(s) details for any other purpose. This is an important part of our tracking product’s performance and could aid the recovery of a customer’s stolen vehicle and ensure their own personal safety and well-being.

People whose data we receive from our customers as their employee or owner of the vehicle they use basic identity and contact data may have been supplied to us by your employer or the owner of the vehicle driven by you on hire, lease or contract purchase. This basic personal data is augmented with vehicle data extracted from our tracking devices that is accessible to Scorpion and our customer. The vehicle data that we (Scorpion) gather from the tracking unit installed on a vehicle is anonymous since in its isolation, it cannot identify a person.

Our customer may be processing this data under one or a number of lawful bases: Consent, Contract, Legal obligation, Vital Interests, Public task, Legitimate interests. Consent or legitimate interests are likely to be the lawful basis most companies will process this data. We use the data to deliver a number of benefits for our customers including: monitoring driver’s safety and competence, helping reduce fuel and maintenance bills, helping reduce accidents, helping reduce insurance premiums, efficient route planning, theft prevention and post theft recovery and deem this to be necessary for our own legitimate interests.
Sensitive data: We do not collect any sensitive Data about you. sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to de-liver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

5. How We Collect Your Personal Data

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

6. Marketing Communications

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.

7. Disclosures Of Your Personal Data

We may have to share your personal data with the parties set out below:

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers
  • Government bodies that require us to report processing activities.
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions

8. International Transfers

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 will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
  • Where we use certain service providers, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe;
  • Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

9. Data Security

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.

10. Data Retention

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.

11. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.
You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ If you wish to exercise any of the rights set out above, please email us at subscriptions@scorpionauto.com.

Customers will be able to access their personal data from the web based portal of their tracking sys-tem. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated

12. Third Party Links

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

Cookie Policy
1. What Are Cookies

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.

2. Disabling 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.

3. The Cookies We Set

  • Account related cookies:
    If you create an account with us then we will use cookies for the management of the sign-up process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
  • Login related cookies:
    We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
  • Site preferences cookies:
    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page that is affected by your preferences.

4. Third Party 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.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
  • For more information on Google Analytics cookies, see the official Google Analytics page.

5. More Information

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:

  • Email: dpo@scorpionauto.com

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