TERMS AND CONDITIONS OF SUPPLY
This page tells you the terms and conditions on which we supply the products and services listed on our website at mobilesentry.net to you. Please read these terms and conditions carefully before placing any orders through our site. You should understand that by placing any such orders, you agree to be bound by these terms and conditions and the terms of the documents referred to in them.
We strongly advise you to print off a copy of these terms and conditions for future reference.
By clicking the "I Accept" button, you agree that you consent to our use of your information in accordance with our Privacy Policy, that you have read and agree to our Terms of Use (this page) and that you agree to the terms of our Software License. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any products or services from our site.
1. Information About Us
Our site is operated by Mobile Sentry Limited . We are registered in England and Wales under company number 06812478 and have our registered office c/o Haslers at Old Station Road, Loughton, Essex IG10 4PL. Our VAT number is [6812478].
2. Your Status
By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3. How the Contract is Formed Between You and Us
After placing an order and making payment, you will receive an e-mail acknowledging receipt of your order and confirming that your payment has been processed. Please note that this does not mean that your order has been accepted, unless stated otherwise in the e-mail. All orders are subject to acceptance by us, and we will confirm such acceptance to you by permitting you to download the Mobile Sentry application from our site and by sending you an e-mail containing a licence key, which will enable you to activate the Mobile Sentry application once you have installed it on your mobile device. If your order is for location credits, we will confirm acceptance of your order by sending you an order acceptance e-mail and updating your account with location credits. The contract between us (07834022432 | land 01279718752 | fax 07006098954) will only be formed when we accept your order.
4. Our Status
We may provide links on our site to the websites of other organisations, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. Consumer Rights
If you are a contracting as a consumer, you have certain rights under the Consumer Protection (Distance Selling) Regulations 2000 (distance selling regulations) which include cancellation rights. You may cancel a Contract at any time within seven working days, beginning on the day after the Contract has been formed (in other words within seven working days of receiving our order acceptance e-mail). Please note however that if you choose to start using the Mobile Sentry service or use any location credits which you have purchased within this cancellation period, the cancellation period will automatically come to an end. To exercise your cancellation rights under the distance selling regulations, you must email us at admin@mobilesentry.net within the cancellation period.
6. Availability and Delivery
We aim to send you our order-acceptance e-mail as soon as possible after your payment has been processed. We will also permit you to download the Mobile Sentry application, as soon as we verify that your payment has been authorised.
7. Price and Payment
The VAT-inclusive price of the Mobile Sentry application and the location credits will be as quoted on our site from time to time, except in cases of obvious error. If there is a pricing error which is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we are under no obligation to provide our service to you at the incorrect (lower) price, even after we have sent you our order-acceptance e-mail.
Payment for all items must be by credit or debit card.
8. Our Liability
8.1 You have certain applicable mandatory statutory rights, which cannot be limited or excluded but which may be amended or updated from time-to-time. These mandatory statutory rights will apply to the Contract in the form in which they are in force from time-to-time
8.2 Subject to condition 8.1, our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price you have paid under the Contract and any losses which are a foreseeable consequence of us breaking the Contract. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us including but not limited to loss of income, revenue or anticipated savings.
8.4 Subject to conditions 8.1, 8.2 and 8.3, our liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
8.5 Where you buy any item from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions and we accept no liability with regard to any purchase you make from any third party seller through our site.
9. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. Notices
All notices given by you to us must be given to Mobile Sentry Limited at admin@mobilesentry.net. We may give notice to you at the e-mail or postal address you provide to us when placing an order or by posting notices on our site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or 3 days after the date of posting any letter.
11. Events Outside Our Control
We will not be responsible for failure to perform or delay in performance of any of our obligations under a Contract which is caused directly or indirectly by events beyond our reasonable control.
12. Termination
12.1 Without prejudice to our other rights and remedies, we may terminate a Contract immediately by written notice to you if you fail to observe any of the terms of these conditions (including for the avoidance of doubt the Privacy Policy, Terms of Website Use and the Software Licence).
12.2 Upon termination of a Contract for any reason (including without limitation, on the expiry of your subscription period, if you choose not to renew your subscription) your right to use our service and all rights granted to you under the Software Licence shall cease and you must immediately delete or remove the Software from all computer equipment and mobile devices in your possession, and immediately destroy all copies of the Software.
13. General
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver shall be valid unless it is given to you in writing by a duly authorised representative of Mobile Sentry Limited and no waiver of any default by you shall constitute a waiver of any subsequent default.
13.2 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.3 We intend to rely solely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
14. Our Right to Vary These Terms and Conditions
14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products or services from our site, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you our e-mail confirming acceptance of your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us in writing to the contrary within seven working days of receipt by you of our order acceptance e-mail).
15. Law and Jurisdiction
Contracts for the purchase of products and services through our site (including for the avoidance of doubt the terms of the Software Licence) will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
