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No Quibble 14 day money back guarantee. If you are not completely happy with your product. Simply return it to us within 14 days, in its original packaging and condition. Once received we will refund you the full purchase price of your device.
After Trial Period
Please note: When purchasing our products and by agreeing to subscribe to our services your are agreeing to our terms & conditions and a minimum contract term irrespective of using the service or not - please see our 'Terms and conditions' for details.
Pin Point provides access to the Website and sells our products and services to you subject to the terms and conditions set out below:
Conditions of use and sale
Please read these Conditions of Use and Sale carefully before using the Website.
By using the Website, you agree to be bound by these terms and conditions.
1. DEFINITIONS
“Pin Point” Pin Point World the company.
“Pin Point’s Instructions” the instructions for use of the Products which are sent via email and can be viewed on our website.
“Pin Point services” means the Pin Point services set out on the Website.
"Pin Point Unit" means the personal tracking device and associated packaging.
“Commencement Date” means the date of commencement of the Pin Point Contract as notified to you in accordance with Clause 2.1
“Contract” the contract, incorporating these Conditions of Use and Sale between you and Pin Point, under which access to the Website and Products are provided to you.
"Intellectual Property" means all copyright, trade marks, patents and other intellectual property rights in any material or content contained in or accessible via the Website and Pin Point (such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software), and the Products.
“Monthly Fees” means the monthly service subscription and other fees payable by you to Pin Point during the Term.
“Products” means the Pin Point Unit and Pin Point Services.
“Purchase Price” means the purchase price of the Pin Point Unit.
“Initial Term” means the period of 12 or 6 months starting on the Commencement Date
“Renewal Term” means a further period or periods of 12 or 6 months following the Initial Term or proceeding Renewal Term as applicable.
“Term” means the Initial Term and any Renewal Term.
“User” the wearer of the tracking device.
2. CONTRACT FORMATION AND DURATION
2.1. When you submit orders to us for the purchase of products, your order represents an offer to us to purchase products subject to the conditions of use and sale. This offer is only accepted by us when we send e-mail confirmation to you of the particulars of the order, setting out inter alia the purchase price, delivery charges, the Pin Point services, the monthly fees, your customer reference number and a commencement date.
2.2. Unless terminated in accordance with these Conditions of Use and Sale, the Contract will be for a minimum period of the Initial Term. At the end of the Initial Term, the Contract will automatically continue into the Renewal Term until terminated in accordance with the Conditions of Use and Sale.
3. SALE, DELIVERY, RISK AND TITLE
3.1. Ownership of a Pin Point Unit will pass to you only when Pin Point has received from you the Purchase Price and delivery charges together with VAT thereon.
3.2. Only once payment of the purchase price and delivery charges together with VAT thereon has been received in full by Pin Point will we deliver products to the address you supply to us when ordering.
3.3. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you if any Products you order turn out to be unavailable.
3.4. All deliveries of Pin Point units will be made by Special Delivery. The Pin Point unit will be at your risk from the time of delivery. It is your responsibility to ensure that a responsible adult is able to accept receipt.
3.5. In consideration of Your payment of the Charges, Pin Point will provide the Goods, subject to these Conditions.
3.6. With Pin Point agreement, and if you are a business, You may purchase Goods other than through the Website. In this case:
a) these Conditions are the only terms that apply to such purchase to the exclusion of all other terms issued by You unless any additional terms are agreed in writing by Pin Point;
b) any quotation Pin Point provides for Goods will only be valid for a period of 28 days and is not a contractual offer;
3.7. If you are a business and if Pin Point agrees to accept a return of Goods order by You, Pin Point may apply a restocking fee.
4. LOSS OF PIN POINT UNIT
Please insure your Pin Point Unit for its replacement value. If you are unfortunate enough to have your Pin Point unit stolen, or if you lose it, please contact us immediately. We will be able to supply you with a new Pin Point unit so that you can continue to enjoy the Pin Point services; you will be charged the full price for a new Pin Point Unit.
5. PAYMENT OF MONTHLY FEES
5.1. In consideration of the provision of Pin Point services to you and the other obligations undertaken by Pin Point hereunder, you agree to pay Pin Point the Monthly Fees together with any additional costs for usage outside your Monthly Fees, such as Text Finds and Audio and any VAT thereon in full on their due date without any set-off, counter-claim, abatement, or other similar deduction.
5.2. Payment of the Monthly Fees together with any VAT thereon must be made to Pin Point by the method agreed when ordering.
5.3. Additional Fees will be charged separately at rates shown in our tariff.
5.4. Pin Point reserves the right to amend the Monthly Fees and/or introduce new fees and amend tariff rates from time to time by giving you 14 days notice. Any change to these Fees payable by you will take effect from the beginning of any Renewal Period.
5.5. Interest shall be chargeable on any amounts overdue from you at the rate of 10% per annum above the Bank of England base rate from time to time. The interest period shall run from the due date for payment until receipt of the full amount by Pin Point whether before or after judgment and without prejudice to any other right or remedy of Pin Point. We may also charge you our reasonable administration costs incurred as a result of your late payment or non-payment of any money you owe us.
6. THE SERVICES
6.1. You are responsible for ensuring that you use the Service and/or Goods in accordance with all relevant laws and that you have all permits, licenses, consents and permissions required for your use of the Service and/or Goods.
6.2. By supplying the Service and/or Goods, Pin Point does not represent or warrant (promise) that the use of the Service and/or Goods for any particular purpose is legal in the Area of Coverage or in any other area.
6.3. Pin Point grants you a non-exclusive, non-transferable right to access and make personal use of the Pin Point Services and Website, via your personal computer, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with the Pin Point Terms and conditions.
6.4. Pin Point will use its reasonable skill and care in providing the Pin Point services to you. However, owing to the nature of GPS and mobile telecommunications (such as network availability and environmental effects), which are outside our control and upon which the Pin Points services are based, it is impossible to guarantee to be able to provide the Pin Point services or any part of them at all times.
6.5. Pin Point may at any time without notifying you make any changes to the Pin Point service which we believe are necessary to comply with regulatory or statutory requirements, or which do not materially affect the nature or quality of the Pin Point service.
6.6. Pin Point cannot guarantee that availability of the Website will be uninterrupted and that transmissions will be error-free. Also your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Pin Point will attempt to limit the frequency and duration of any such suspension or restriction.
6.7. Pin Point warrants (promises) that it is legally entitled to provide the service and that it will provide the service with reasonable care and skill. Pin Point does not give any warranty in relation to and does not have any liability for:
a) the Positional Accuracy of the Service;
b) any failure, inaccessibility or downtime (whether planned or otherwise) in any Network which results in a Location Request not revealing the whereabouts of any End-User, either accurately or at all;
c) the withdrawal of any Network from the Service; and
d) any failure of or, its inability to provide, Tracking due to the Targets unit being switched off, having insufficient charge or being temporarily or permanently disconnected from a Network.
6.8. Any and all equipment provided to You by Pin Point in a rental agreement for the purpose of or, in connection with, the provision of the Service (if any) will at all times remain the property of Pin Point and save to the extent necessary to allow You to receive the Service. You will acquire no rights in or to the same. You agree that You will take good care of any equipment provided and will, upon cancellation of the Service, promptly deliver up to Pin Point in good condition (fair wear and tear excepted).
7. WARRANTIES AND LIABILITY
Pin Point will where possible use reasonable endeavours to pass to You the benefit of any warranties given by the manufacturer of the Goods. If You are a business, these warranties (if any) will be your sole remedy in the event that the Goods are defective in any way and Pin Point hereby excludes all warranties that may be implied into these Conditions by the operation of law.
8. REGISTRATION
8.1. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update the information you provided us with, by contacting Pin Point customer care at customerservices@pinpoint-online.co.uk
8.2. You agree to comply with these Conditions at all times in relation to Your use of the Service.
8.3. You acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You must not allow any third party to access your account.
8.4. In registering for the Service you consent and understand that:
a) the users Location will be used in the delivery of the Service;
b) Pin Point may be obtaining a users Location from the relevant location device and accordingly you authorise and will ensure that each user authorises the relevant Network provider to release and deliver Location information to Pin Point in accordance with the provisions of the Data Protection Act 1988;
c) The users Location will be used to provide map or text location information to You identifying the location of that location device - this information will form part of that Mobile’s or SIM’s history of movement; and Location information will be issued when a users Location is requested.
9. COMMUNICATIONS
9.1. When you visit the Website or send e-mails to us you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the website. For contractual purposes you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.2. You acknowledge that there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient.
10. INTELLECTUAL PROPERTY
10.1. Nothing in the Conditions of Use and Sale or elsewhere give you any rights in respect of the Intellectual Property or of the goodwill associated therewith, and you acknowledge that all such rights are, and shall at all times remain vested in Pin Point.
10.2. You hereby agree to notify Pin Point immediately if you become aware of any unauthorised use of the Pin Point Services, Products, Website or Intellectual Property.
11. ENDING THE PIN POINT CONTRACT, REFUNDS AND RETURNS
11.1. Either party may terminate the Contract by giving 30 days prior written notice to the other to expire no earlier than end of Initial Term or of any applicable Renewal Period.
11.2. Pin Point may terminate the Contract if you become bankrupt, make any arrangement with your creditors, cease, or threaten to cease to carry on business;
11.3. Either party may end the Contract if the other party commits a breach of the Conditions of Use and Sale, and in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; and
11.4. You may end this Pin Point Contract within fourteen days of the Commencement Date. You may exercise that right by notifying us by email and returning the Pin Point Unit, at your own cost, within fourteen days of purchasing it, to Pin Point, Thursby House, 1 Thursby Road, Bromborough, Wirral, CH62 3PW, unused, undamaged, in all its original packaging and with all its documentation. If you comply with the above in full, Pin Point will refund you the Purchase Price, but will not refund for use of any service charges incurred.
12. CONSEQUENCES OF TERMINATION
12.1. When this Pin Point Services Contract comes to an end:
a. your Pin Point Unit will be deactivated;
b. you will no longer be entitled to use your Pin Point services; and
c. You will immediately pay to Pin Point all Monthly Fees outstanding at the date of termination.
12.2. Termination of this Agreement for any reason shall not affect any other rights or liabilities accrued at the date of termination.
13. YOUR CONDUCT
13.1. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
13.2. You must keep information provided to you as part of the Services (such as Pin Point Unit location information) confidential.
13.3. You must not use the Website or Products:
a) for fraudulent purposes, or in connection with a criminal offence or other
b) unlawful activity;
c) in a way that Pin Point, in its absolute discretion considers is unauthorised, unlawful, fraudulent or improper;
d) otherwise in accordance with the Pin Point Instructions;
e) in any way which Pin Point considers will damage or effect the operation of the Website, telecommunications networks, GPS networks or Products; or
f) to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.
13.4. You may not use any Intellectual Property, or other proprietary information of Pin Point without our express written consent.
14. SUSPENSION OF THE SERVICES
14.1. Pin Point may suspend all or part of the provision of the Pin Point to you without notice if:
a) You are in breach of any of the terms of the Conditions of Use and Sale; or
b) You notify Pin Point that your Pin Point Unit has been lost or stolen.
14.2. In the event that Pin Point does suspend the provision of the Pin Point services to you, the Contract will continue in full force effect and you will remain liable to pay the Pin Point Subscription Fees during any period of suspension.
14.3. In consideration of your payment of the Charges, Pin Point will provide the Service in accordance with the Service Description, subject to these Conditions.
15. USER CONSENT
15.1. You acknowledge and accept that Pin Points ability to provide the Service is dependent upon:
a) the user consenting to be Tracked;
b) the user not withdrawing its consent to being Tracked;
c) the users device being connected to a Network and being switched on and sufficiently charged to enable it to be Tracked;
d) the Target being in the Area of Coverage when a Location Request is made.
15.2. You will be responsible for procuring each Target's initial consent to be Tracked. Pin Point will not be liable for any failure to provide the Service to the extent that such failure is a result of any user refusing or withdrawing its consent to be Tracked.
16. YOUR STATUS
You warrant that you have the power to enter into and perform the Contract, that the Contract's
a) execution has been duly authorized by all necessary corporate action and that
b) the Contract constitutes a valid and binding obligation on you, enforceable in
c) accordance with its terms; and
a. are a UK resident; and
b. are at least 18 years old.
17. AMENDMENTS TO THE CONTRACT
Pin Point reserves the right to make changes to the Website, its policies, and the Conditions of Use and Sale at any time. You will be subject to the policies and Conditions of Conditions of Use and Sale in force at the time that you use the Website or that you use the Pin Point Services or order Products from us, unless any change to those policies or these, conditions is required to be made by law or government authority in which case it will apply to orders previously placed by you.
18. LIMITATION OF LIABILITY AND EXCLUSIONS
18.1. Pin Point shall not be bound by any typographical or obvious error contained in the Website.
18.2. Illustrations, descriptions and dimensions in Pin Points catalogue, price list or other documents, are approximate only and are intended only to present a general idea of the Goods to which they refer and shall not form part of the agreement between us nor shall they constitute representations or warranties, express or implied nor in any event shall Pin Point be liable in respect thereof. Pin Point reserves the right to change specifications without prior notice at its absolute discretion.
18.3. If You have any complaints regarding the Goods and/or the Services, You may refer them by e-mail or in writing to Pin Points postal address or by e-mail at the address on the Website.
18.4. Pin Point does not make any representations or warranties in relation to the Website or Products (including any implied terms relating to quality, fitness for a particular purpose).
18.5. Pin Point will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss incurred as a result of or in connection with the Contract, Website or Products.
18.6. Pin Point does not accept responsibility for the personal safety of anyone using the Website or Products. However, Pin Point does not seek to limit in any way our liability by law for death or personal injury caused by our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
18.7. Pin Point will not be held responsible for any delay or failure to comply with our obligations under the Contract if the delay or failure arises from any cause which is beyond our reasonable control.
18.8. Pin Point shall not be liable for any claim to the extent that the claim relates to loss of profits, goodwill, anticipated savings, business opportunity, data or use of data, injury to reputation, third party losses or indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether Pin Point knew or had reason to know of the possibility of the loss, injury or damage in question.
18.9. In the event that You have any right, claim or action against any other user of our Service, you agree to pursue such right, claim or action independently of and without recourse to Pin Point, and You release Pin Point (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including, without limitation, legal fees arising from or in any way connected with such right, claim or action.
19. MISCELLANEOUS
19.1. We reserve the right to transfer the Contract to any third party at any time. You may not transfer the Contract to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.
19.2. Except where the context requires otherwise, the singular includes the plural and vice versa; a reference to one gender includes all genders; words denoting persons include firms and corporations and vice versa.
19.3. Headings are for ease of reference only and shall not affect interpretation or construction of the Contract.
19.4. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
19.5. If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.
19.6. A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any clause of the Contract.
20. LAW
The Contract shall be governed by and construed in all respects in accordance with the law of England and the parties agree to submit to the exclusive jurisdiction of the English Courts.
These Conditions of Use and Sale were last updated in November 2009
Copyright Pin Point 2009