Legal
Terms & Conditions
TrackNow, a registered business incorporated in Ireland, will provide you with the Location Tracking Service in accordance with the terms and conditions set out in this document. This agreement constitutes a valid and binding agreement between TrackNow and You as a user, for the use of the TrackNow website and software. By installing and using the TrackNow software and accessing the location tracking service, you agree to be bound by these terms.
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Definitions
Contract
This agreement.
TrackNow / We / Us / Our
TrackNow, a registered business in Ireland.
Information
All material delivered by us through the website.
Device / Unit / Tracker
The location tracking hardware provided.
GPS
The Global Positioning System.
Service
The TrackNow location tracking service.
SMS / Messages
Text messages from or to the service.
Location / Position
A latitude and longitude corresponding to the physical location of a tracking device.
Software
All software provided by TrackNow that gives users access to the location tracking service.
Website
www.tracknow.ie and the associated platform at login.tracknow.ie.
You / Your
You, the service end user.
Term
Starting on the date you activate the service.
Renewal
Automatically renews at the end of each billing cycle.
Cancellation
30 days' written notice required.
1
Your Agreement with Us
a
By using the Service, you agree to be bound by the terms of this Agreement.
b
This Agreement begins on the date on which:
- You create an account with the TrackNow location tracking service linked to an active location tracking unit or software bought from us.
- You agree to the monthly subscription charge per unit.
2
Pre-requisites to Using the TrackNow Services
aYou need to have an active account on the TrackNow website and a location tracking device programmed specifically to the TrackNow tracking service.
bYou need to have a valid SIM card without PIN protection for the tracking unit we provide. We may require you to use a SIM card from a specific telecom provider as not all providers can deliver the quality of service required.
cYou must have an internet connection available to access location reports and to change your tracking configuration.
dYou are responsible for ensuring compliance with your SIM card provider's terms and conditions, and you indemnify us for any loss or damage resulting from a breach of this clause.
eYou must have a compatible mobile device with a compatible telecom provider to access location data and system alerts.
3
Restrictions on Use
You must not:
- Use the TrackNow service in any way that would violate any applicable law.
- Collect information or communications about the service or its users by monitoring or intercepting any process.
- Remove any proprietary notices from the service, software, or any copy.
- Modify, create derivative works of, translate, or copy the TrackNow software or service.
- Sell, assign, rent, lease, distribute, or otherwise grant rights to third parties with regard to the service or software without our prior written consent.
- Decompile, disassemble, or reverse engineer the TrackNow software, or attempt to overcome any encryption or security measures.
- Use location tracking illegally to track any person without their consent.
- Attempt to do anything referred to in this clause.
Important: You indemnify us for any loss or damage we may suffer as a result of you breaching any obligations under clause 3. We reserve the right to investigate potential violations and may involve relevant authorities in prosecuting users who have participated in such breaches.
4
Our Service
aWe will use reasonable endeavours to make our service available to you. However, the quality and availability may be affected by factors outside our reasonable control (e.g. weather, power failures, phone network faults). The software and service are provided "as is" — we do not warrant that they will always be available, uninterrupted, timely, secure, accurate, or error-free.
bWe contract with third parties including mobile telephony providers, digital map providers, and internet hosting providers to enable provision of the service.
cSMS is a store-and-forward technology. Network congestion can affect delivery times and on occasion an SMS may not reach its destination.
dGPS is a line-of-sight technology. Physical placement of the tracking device, tall buildings, signal reflection and electronic jamming can all affect GPS signal accuracy.
You acknowledge that: the service may be temporarily unavailable; SMS messages may be delayed or undelivered; location errors may occur due to GPS data or map data; and the service depends on GSM network coverage where the device is located.
5
Your Account
aIf you change the SIM card in the tracking device, you must notify us in advance as it may make the service unavailable while the system is reset.
bYou may have one or more accounts with one or many tracking devices associated with each account.
cIf you have more than one account and are in breach of any one, we may suspend or terminate all accounts if the breach is not rectified.
dIf you are in arrears on any account, we may recover outstanding amounts from any account with a positive balance.
eYou must notify us of any change to your address or account details. If we request information to operate the service, you must provide it.
fWe will store location data per unit for up to 90 days. Data older than 90 days will be overwritten unless otherwise agreed.
gThe security of your username and password is your responsibility.
6
Charges & Payment
Minimum Term
365 Days
Cancellation Notice
30 Days
Late Payment Charge
1.5% / Month
aVAT is excluded from charges where applicable. All other applicable taxes are payable by you and will be added to charges.
bTerm: The minimum duration of each service plan is 365 days from the date you activate the service.
cRenewal: At the end of the term, each service plan automatically renews monthly unless you cancel.
dTimely Payments: You agree to pay all applicable activation, usage, and cancellation fees plus taxes. TrackNow will bill your credit or debit card monthly. Recurring charges may be billed monthly, quarterly, biannually, or annually in advance.
eYou are responsible for all charges on your account regardless of who incurred them.
fYou will be liable for all charges relating to your account until you notify us and request suspension of the service.
gLate Payments: A late charge of 1.5% per month applies to any unpaid balance. You agree to pay all costs associated with collection of outstanding fees including collection agency fees and reasonable legal costs. TrackNow may suspend service for late or non-payment and may charge a reactivation fee.
hCredit Card: By authorising TrackNow to charge your card, you confirm you are the authorised owner or user of the card and accept responsibility for recurring charges as described in your service plan.
iOur price list is available upon request. Any changes will be communicated with 30 days' prior written notice.
jCancellation: You may terminate by giving at least 30 days' prior written notice — after 12 months' service in the case of a monthly plan, or at the renewal date for quarterly, biannual, or annual plans. If written notice is not received, the contract will automatically extend and payment will be due.
7
Liability
aThe service is intended for location tracking use only. Subject to clause 7(c), we accept no liability for loss of business, revenue, profits, opportunity, data, or indirect, special or consequential loss or damage.
bTo the extent permitted by law, we exclude all liability to you or any person claiming through you for costs, loss, expenses, liability or damage arising from our performance or non-performance of obligations under this agreement.
cNothing in this agreement excludes your rights as a consumer under applicable consumer legislation. Our liability for breach of implied terms is limited to: replacement, repair, or equivalent supply of goods; or re-supply of services, or payment of the cost of having services supplied again.
We are not liable for faults or defects caused by your own conduct or misuse. Our liability will be reduced to the extent you caused or contributed to the loss or damage. This clause survives termination of this agreement.
8
Indemnity
You agree to indemnify TrackNow, its affiliates, officers, directors, employees, agents and service providers against any claims, proceedings, liabilities, damages, penalties, fines, costs and expenses (including reasonable legal fees) arising out of or relating to:
- Your breach of any term of this agreement or any policy referred to within it.
- Your use or misuse of the TrackNow location tracking service or software.
9
Suspending Our Service
We may suspend your use of the service at our sole discretion and without notice if:
- The service requires maintenance or upgrading.
- You are in breach of this agreement.
10
Termination
aYou may terminate this agreement at any time by notifying us in writing in accordance with clause 6(j).
bWe may terminate this agreement immediately if: you fail to pay a subscription by its due date; you become bankrupt or enter into any composition with creditors; your SIM provider or network becomes incompatible with our service; or we are ordered by a government agency to cancel the service.
cIf this agreement is terminated for any reason, you will not be able to use the service and will forfeit any remaining credits on your account.
dUpon termination, the provisions of clauses 7, 8, and 13 and any clauses which by their nature should survive, will continue in effect.
11
Your Information & Privacy
aOur Privacy Policy explains how we will handle your personal information. It is available on our website at www.tracknow.ie.
bYour password, code or PIN must be kept confidential and must not be shared with any third party.
12
Licence to Use TrackNow Software
Subject to the terms of this agreement, we grant you a limited, non-exclusive, non-sublicensable, non-assignable licence to download, install and use the TrackNow software on a single device for your personal use and solely for the purpose of using the TrackNow service supplied by us. The software may only be used in connection with the TrackNow location tracking service.
13
Intellectual Property Rights
aYou acknowledge that we retain all intellectual property rights — including those protected by copyright, patent, trade secret and trademark law — relating to the service, the software, its design and operation, and any modifications or enhancements. Except for the limited licence granted to you, we reserve all rights, title and interest in the software and service.
bYou must keep any information relating to our intellectual property rights confidential, and must not allow it to be copied or disclosed to any third party, including after termination.
cYou will not use information obtained from us for any purpose not authorised by us in writing.
dYou must not do anything that would jeopardise, damage, limit or interfere with our intellectual property rights or our interest in them.
14
Acts Beyond Our Reasonable Control (Force Majeure)
Without limitation to clause 7, we are not liable for any delay in correcting faults, failure or incorrect operation of the service, or any other delay or default in performance under this agreement, if caused by an event beyond our reasonable control — including but not limited to war, accident, act of God, industrial action, embargo, or delay or failure by your mobile phone provider or any other supplier of goods or services to us or you.
15
Service Failures
The client accepts that TrackNow, its agents and employees will not be held liable for any service failures resulting from failure of the telecommunications network, internet service provider network, or failure of mobile handsets, devices or related equipment not supplied by TrackNow. TrackNow cannot be held liable for any system failure that is outside of our control, including failures relating to networks, ISPs and devices not supplied by TrackNow.
Fuel Reporting note: Fuel reporting is subject to the vehicle being able to provide fuel data through the OBD port. TrackNow only reads and reports the information made available by the vehicle — we cannot be responsible for the accuracy or availability of data the vehicle itself does not provide.
16
General
aWe may vary the terms of this agreement at any time. If any change is to your detriment, we will notify you via our website or other lawful means. Continued use of the service constitutes acceptance of revised terms.
bYou must not transfer your account or assign any rights or responsibilities under this agreement without our prior written approval. We may assign our rights and obligations at any time.
cIf any term of this agreement is invalid or unenforceable, it will be severed and the remainder of the agreement will remain valid and effective.
dYou acknowledge that you enter into this agreement entirely as a result of your own enquiries and do not rely on any statement, representation or promise not expressly set out in this agreement.
eAny failure or delay by us in enforcing a provision of this agreement does not affect our right to enforce that or any other provision at a later time.
Questions about these terms?
Our team is happy to walk you through anything. Get in touch by phone, email, or book a call.