Terms & Conditions - Privacy Policy

Welcome to our website. If you continue to browse and use this website/service, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern chargemetrix’s relationship with you in relation to this website/service. If you disagree with any part of these terms and conditions, please do not use our website/service.

Disclaimer

All Remote Battery Monitor & GPS Tracking Devices supplied by Chargemetrix Ltd (Chargemetrix) are supplied on the understanding that data is provided with no warranties, or guarantees, expressed or implied, concerning data accuracy, completeness, reliability or suitability. Chargemetrix Ltd shall not be held responsible, or be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defects in or anomalies or the untimeliness or un-authenticity of the data or for any delay or interruption in the transmission thereof to the user or for any claims or losses arising therefrom or occasioned thereby. The end user assumes and accepts the entire risk as to the quality, and quantity of the data. This applies to any Remote Battery Monitor & Tracking Device that is in use as it must be understood and accepted that GPS devices and data can be affected by influences beyond the control of Chargemetrix Ltd such as weather, topography, position and installation point. Also Chargemetrix Ltd cannot be held responsible and accept no liability if there is any kind of “Outage”, breakdown, loss of signal that is connected to any land or mobile telephone company or provider and the same applies to satellites and their controllers.

We, Metrix Advanced Technologies Ltd a company registered in England and Wales company number 12110162. Our address is 7 Carter Avenue, Shanklin, Isle of Wight, PO37 7LQ.

Definitions

“The company”, “our”, “us” and “we” refers to the seller whose trading style appears on your order and invoice. “The customer”, “the purchaser”, “you” and “your” refers to the original company, organisation or individual who purchases goods and/or services directly from us or anyone acting for or on behalf of any such purchaser. “Consumer” refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for ‘he’ read ‘he or she’. “Remote Battery Monitor” refers to a remote battery monitoring device incorporating additional sensors & GPS communicating via cellular. Manufactured by chargemetrix Ltd, a Company Registered in England and Wales 12110162. “Service” refers to communications, access, portals and data associated with receiving, accessing and reading data through our subscription service. These terms and conditions apply to all supplies of goods, services and support by us to any customer. They prevail over any terms proposed by you.

Price and Payment

The price payable for the Goods that you order is clearly set out on our website, and whether UK value added tax (“VAT”) is payable. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds sterling will be borne by you. Any information given by us in relation to exchange rates are approximate only and may vary from time to time. We take care to make our website safe for you to use. Card payments are processed via a PCI compliant provider (Stripe). We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment on each transaction.

Subscriptions

All subscriptions are paid in advance for the use of our Service, failure to pay for your subscription will result in the inability to access your account. We can only offer credit notes for the remainder of an unused subscription at cancellation point. This credit can be used against other subscriptions or transferred to another account subject to receipt of permission from both parties. We will debit your chosen payment method automatically on the date specified in your self-serve portal area at the interval agreed at the start of your service contract. We will request updated payment details should payment fail and retry this until payment is made or your service is cancelled. We reserve the right to terminate your subscription at any time. Subscription pricing is subject to change without notice at any time, however we will notify at least 30 days before your subscription pricing will change.

Cancellation, Refunds and Returns

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy. The following rules apply to cancellation of your order:

• If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
• If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.

We will return your money subject to the following conditions:

• We receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
• You are responsible for the cost of returning the goods. We have no obligation to refund you your cost of repacking and returning the goods.
• In any of the above scenarios, we will return your money within 14 days.

So far as possible, Goods should be returned:

• With both Goods and all packaging as far as possible in their original condition and securely wrapped.
• You must tell us by email message to the support@chargemetrix.com that you would like to return goods, specifying your device number and when purchased while quoting the original order ID, and giving full details of the defect or other reason for return.

Damage and Defects

Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.

The procedure to return the faulty Goods is as follows:

• Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
• Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled, installed and commissioned it correctly.

We will return your money subject to the following conditions:

• We receive the Goods with labels and packaging intact.
• You tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

If any defect is found, then we shall:

Replace the Goods, or refund the full cost you have paid including the cost of returning the Goods.

Delivery

Goods are delivered in accordance to shipping selected at purchase, goods are dispatched the next working day. Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery. If we are not able to deliver your Goods within days of the date of your order, we shall notify you by email to arrange another date for delivery. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

Security of Our Website and Service

If you violate Our Website and Service we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

• Link to Our Website and Service in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser.
• Modify, copy, or cause damage or unintended effect to any portion of Our Website and Service, or any software used within it.
• Collect or use any product listings, descriptions, case studies, images, demos or prices.
• Download any part of Our Website and Service, without our express written consent.
• Collect or use any information obtained from or about Our Website and Service or the Content except as intended by this agreement.
• Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website and Service, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website and Service.
• Share with a third party any login credentials to Our Website and Service.

Despite the above terms, we now grant a licence to you to:

Create a hyperlink to Our Website and Service for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent. You may copy the text of any page for your personal use in connection with the purpose of Our Website and Service.

Warranty

Chargemetrix Ltd warrants to the original purchaser that this product shall be free from significant defects in material and workmanship for the lifetime of the product beginning on the date of purchase as shown on your receipt. Should the product need to be returned it must be sent directly back to the original place of purchase to be processed. Proof of purchase must accompany the returned product. This warranty does not apply to any product that has been subject to abuse, misuse, negligence, tampering, water damage or has been modified in any way. Without prejudice to your rights Chargemetrix Ltd may replace a defective product or issue a credit note against future purchases. No other warranties, express or implied are made. Chargemetrix Ltd shall not be liable for any special, incidental or consequential damages whether or not the purpose for which you purchased the product was made known to Chargemetrix Ltd, the retailer or otherwise. Your statutory rights are not affected in any way

Limitation of Liability

To the fullest extent permissible by law, we will not be liable for damages arising out of or in connection with the provision of products and/or services or the use of our site. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, we do not limit our liability if death or personal injury results from our negligence.

Force Majeure

Whilst we will use our reasonable endeavours to complete our obligations under this agreement, we will not be liable to you or be deemed to be in breach of this agreement if we need to cancel this agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.

Intellectual Property

We will defend the intellectual property rights in connection with our Goods, Our Website and our Service, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person. Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Your Right to Cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to Cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by e-mail.

Your Data

This website/service is not collecting personal data unless you create an account, make a purchase or use any of our communcation services, but we use third party tools that might do so. Please check their privacy policies for further information: Google Analytics, Google AdSense, Google Mail, Facebook.

The use of this website and service is subject to the following terms of use:

• This website/service uses Google Analytics to monitor browsing preferences. If you do allow this to be used, some personal information may be stored by us.
• We use cookies to collect anonymous visitor statistics through Google Analytics, to show personalized ads with Google AdSense, to save your editor settings and to detect if this is the first time you’re visiting the site. Please read third party privacy policies for more details: Google Analytics, Google AdSense.
• All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
• We will periodically use the data provided on your account to send service updates and product information.
• You can request the permanent deletion of you user settings and account at any time by getting in touch by email.
• We use your data in an anonymised format for internal trend tracing and service monitoring.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.