Terms & Conditions
By using our website and purchasing from smarttrackerbyag.com, you agree to be bound by our Terms & Conditions, as stated below.
CONTRACT FOR THE SUPPLY OF PRODUCTS AND SERVICES
The display of goods on the smarttrackerbyag.com website amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of products or goods will be deemed to exist between you and smarttrackerbyag.com unless, and until, an email is sent by smarttrackerbyag.com to you confirming that your order has been accepted and payment has been successfully made. This confirmation e-mail amounts to an acceptance by smarttrackerbyag.com of your offer to buy goods or services from smarttrackerbyag.com and this acceptance is effective regardless of whether or not you receive the e-mail.
Smart Tracker by AG is free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.
SITE INFORMATION
Smart Tracker by AG is providing this website and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents. Smart Tracker by AG disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Smart Tracker by AG does not represent or warrant that the information accessible via this site is accurate, complete or current. Prices shown on the website are exclusive of V.A.T at the current Irish Rate of 23%
PROCESSING OF ORDERS
Credit cards are debited before items are shipped or before services are provided by Smart Tracker by AG.
DELIVERY
Every effort will be made by Smart Tracker by AG to post items ordered before 2 pm that day by An Post. When circumstances deem that this is occasionally not possible Smart Tracker by AG will post items as soon as absolutely possible and accept no liability for the delay in posting. In the event that an item is out of stock or otherwise unavailable Smart Tracker by AG will contact you and offer you another product, delivery time or a full refund.
CANCELLATION OF ORDERS PRIOR TO DELIVERY
Orders may be cancelled by phone or email prior to the day of delivery. The cost of the purchase will be refunded to the payment credit/debit card. As payment will have been processed by the credit/debit card services the refund will be made to reflect a cancellation fee of 5% of the initial purchase price. This is to cover our merchant services costs levied as a result of the purchase.
DISTANCE SELLING REGULATIONS/SALE OF GOODS ACT
Any non-business customer wishing to cancel an order under the rights provided by the Distance Selling Regulations/Sale of Goods Act must do so within 14 days of the point at which the goods were received. The goods must be returned by Signed Delivery(Insured) to our address. Customers are liable to pay the cost of this return postage. As long as the goods have been returned in an original unused condition the cost of the goods will be refunded to the customer’s credit/debit card within 14 days of the date of return. Any actual use of a GPS tracker (switching it on and obtaining tracking information) or other equipment by a customer is a breach of the customer’s duty to take reasonable care of the product and will negate their right to return under these regulations.
LIMITATION OF LIABILITY (GENERAL)
Except as specifically stated on this site, neither Smart Tracker by AG nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Partners and employees of this company may not be held liable for damages relating to either the capital cost of any equipment purchased from Smart Tracker by AG or consequential costs associated with fitting and operation of the same when issues arise from the non-availability of GSM and GPRS network coverage. It is the responsibility of the purchaser to take whatever steps necessary to establish that the necessary and appropriate network coverage is available and that the equipment works efficiently at the location intended for use. It is recommended that purchasers verify effective operation in countries outside Ireland by operating a single tracker unit initially, and prior to purchasing further units. Smart Tracker by AG will happily provide full support for these testing processes. Smart Tracker by AG does not guarantee that their tracking products will operate successfully in all parts of the world. Variations in GSM and GPRS network make this impossible and accepts no liability for any loss in connection with the failure of tracking service. Every effort will be made to assist in developing the required tracking but it remains the responsibility of the customer to ascertain if network coverage and tracking are possible in any particular global location.
ILLEGAL ACTS
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic ‘fingerprints’ of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. Products purchased from Smart Tracker by AG may be governed by laws prohibiting their use; it is the sole responsibility of the purchaser/user to comply with these laws and no liability can be implied.
CHANGES IN TERMS
Smart Tracker by AG reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the smarttrackerbyag.com web site. The mapping site is updated and altered periodically without notice.
RETURNS
All items purchased from Smart Tracker by AG are guaranteed for 12 months of use. If you find that there is a problem with any item please return it to us. We will have it carefully examined and will be happy to replace it, if it is found to be faulty. Any obvious physical damage or evidence of other misuse found will naturally nullify this guarantee and offer of replacement.
Any refund made to customers following the return of a tracker (for any reason) will not include any payment made for additional top-up credits paid for either at the time of the tracker purchase or after that date. Top up credit purchases will not and cannot be refunded.
WEBSITE PRODUCT DESCRIPTIONS
Smart Tracker by AG reserve the right to supply equipment which may differ in appearance from items shown on the website but which have the same use, function and facility RELATING SPECIFICALLY TO TRACKING Notwithstanding any other provision of these Terms:
(1) Smart Tracker by AG accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided with a tracking device.
(2) Without prejudice to the other exclusions and limitations in these Terms, Smart Tracker by AG liability in connection with any order (whether arising in contract, tort (including without limitation negligence) or otherwise) shall not in any circumstances exceed the purchase price of the goods ordered. The Customer agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of Smart Tracker by AG.
(3) Smart Tracker by AG is not liable for any consequential losses (including without limit loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from use of any tracking product, including without limitation in circumstances in which the product fails to function.
(4) All warranties which would otherwise be implied into these Terms (including without limitation as to quality and fitness for purpose of goods or services) are expressly excluded. The Customer‟s sole remedies in connection with such matters in relation to goods supplied shall be in accordance with these Terms.
(5) Nothing in these Terms excludes or limits Smart Tracker by AG’s liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with Smart Tracker by AG (save in relation to the technical description, as provided by these Terms). In addition, Smart Tracker by AG shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in good faith.
THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE FOLLOWING: Notwithstanding any other provision in these Terms:-
(1) Smart Tracker by AG accepts no liability in connection with any losses incurred by the Customer as a result of the Customer failing to follow the instructions provided in relation to the installation and use of the Software.
(2) Without prejudice to the other exclusions and limitations in these Terms, Smart Tracker by AG liability in connection with any Software or app access (whether arising in contract, tort (including without limit negligence) or otherwise) shall not in any circumstances exceed the value of the licence fee most recently paid by the Customer to Smart Tracker by AG. The Customer agrees that it shall not under any circumstances bring proceedings in tort (or otherwise) directly against any employee or officer of Smart Tracker by AG.
(3) Smart Tracker by AG is not liable for any consequential losses (including without limitation loss of profits, business or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise) from the use of the Software or Devices or App access, including without limitation in circumstances in which data is lost or tracking is not successful due to a fault with the Software or Devices or App. The smarttrackerbyag.com website remains the property of Smart Tracker by AG and can only be used by customers who have purchased tracking credits through Smart Tracker by AG.
(4) All warranties which would otherwise be implied into these Terms (including without limitation as to quality and fitness for purpose of the Service) are expressly excluded.
(5) Nothing in these Terms excludes or limits Smart Tracker by AG liability for personal injury or fraud.
(6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other documents is accurate, no responsibility is accepted for any errors which may occur therein and such documents do not constitute part of the Customer’s contract with Smart Tracker by AG. In addition, Smart Tracker by AG shall not be liable for any losses caused by inaccurate information or recommendations which have been provided to the Customer in anticipation of an order which has been provided in good faith.
(7) Without prejudice to the other limitations and exclusions of liability in these Terms, Smart Tracker by AG accepts no liability (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the Service to collect tracking data which is caused by lack of credit on a SIM card or any loss of data due to problems with any part of the telecommunications infrastructure on which the tracker is dependent.
(8) Smart Tracker by AG has no liability under these Terms in relation to loss or damage resulting from failure to track occasioned by the failure of any wireless device to perform its function.
(9) Smart Tracker by AG accepts no liability whatsoever in connection with the use of the Software on devices which do not comply with the minimum specifications stated in these terms.
(10) The customer is responsible for where and how the product is fitted. Smart Tracker by AG is not liable if the device is lost or damaged.
TRACKING HISTORY
Tracking history held on smarttrackerbyag.com servers will be maintained on the server only so long as the tracker is active/live/in use. Inactive trackers will be removed from smarttrackerbyag.com occasionally and entirely at the discretion of Smart Tracker by AG. It is solely the responsibility of the tracker user (customer) to save their tracking history using the file export facility. Smart Tracker by AG has no liability under these terms for tracking history lost or deleted from smarttrackerbyag.com.
SERVICE / GSM NETWORK AVAILABILITY
Smart Tracker by AG reserves the right to carry out regular maintenance of smarttrackerbyag.com, which may affect the availability of the Service. Smart Tracker by AG will use its reasonable endeavors to ensure that apart from scheduled maintenance, the panel is available for use at all other times.
ACCEPTABLE USE
The Service may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws. The Customer indemnifies Smart Tracker by AG in relation to any legal liability which may be incurred purely as a result of the Customer’s use of the Service. The Customer may allow third parties (including its employees and contractors) to access the online tracking service, but this will be at the Customer’s own risk. Access will be subject to the user agreeing to Smart Tracker by AG terms of use from time to time as published on the website from which the online service is provided to the Customer.
CANCELLATION BY CUSTOMER
Smart Tracker by AG may terminate this agreement at any time, without notice, if the Customer breaches these Terms. No contract on these Terms may be terminated by the Customer, except in circumstances in which the Customer has lawfully terminated the contract (or part thereof) under which the device to which these Terms relate was supplied, in accordance with these terms. All other rights of termination which the Customer might otherwise have under the general law are expressly excluded.
DATA CHARGES
The SIM cards must not be removed from the tracking device this shall constitute misuse of the SIM and Smart Tracker by AG shall be entitled to immediately terminate this agreement.
Customer agrees that Smart Tracker by AG may monitor the use of the SIM to ensure compliance with the terms of this agreement. Equipment may be used in countries covered by the SIM card roaming agreements, subject to a prior agreement is necessary and should be arranged through Smart Tracker by AG. Smart Tracker by AG reserves the right to charge for over usage while roaming.
smarttrackerbyag.com removes any tracker login details that have not been used for 1 year. If you would like to continue using smarttrackerbyag.com system, the tracker must be switched on at least once in this time period.
LOST/STOLEN SIMS
Smart Tracker by AG should be informed immediately regarding any loss or stolen SIM card if the Customer suspects or should reasonably suspect the SIM card is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up to the time of said notification. Smart Tracker by AG requires evidence of alleged loss or theft in the form of a Garda report. Iot Solutions will terminate or suspend service of the smarttrackerbyag.com if ISmart Tracker by AG suspects any wrongdoing.
Smart Tracker by AG is committed to the EU’s General Data Protection Regulation (GDPR). We may update our policies from time-time by posting a new version on this website.