Lightfoot Terms & Conditions

Lightfoot Terms & Conditions

1.    Definitions

1.1      In these terms the following words have these meanings:

Additional Services: any services not included in the Key Terms provided by us from time to time;

Contract: these terms, Key Terms and the Privacy Policy for Lightfoot;

Dashboard: the website area providing reports for your Lightfoot use;

Data: the data collected from use of Lightfoot;

Documentation: all User Guides and other information supplied by us

Lightfoot: the Lightfoot unit supplied by us;

Lightfoot service; the services listed in the Key Terms;

Help Desk: the telephone help desk provided by us;

Reports: the reports on the Lightfoot provided by us;

2.    The Contract

You signing the Key Terms, agreeing to them on line, or having the Lightfoot installed in your vehicle, is agreement by you to take the Lightfoot services on the terms of the Contract.

3.    Services

We agree to provide you with the Lightfoot for use in the UK, together with the Lightfoot services, from the Start Date for the Minimum Subscription Period. The Contract will carry on at the end of the Minimum Subscription Period, unless either of
us ended in accordance with clause 13.

4.    Your Duties

4.1      You agree not to:

(i)        tamper with or open up all or any part of the Lightfoot;

(ii)       sell, rent, lease, transfer, the Lightfoot to any third party, or

(iii)      use the SIM installed in the Lightfoot in any other equipment.

4.2      You agree that you will be responsible for all loss or damage to any Lightfoot supplied to you and will insure it for their full replacement value.  If your Lightfoot is lost or damaged, you must tell us at once.

5.    Installation

5.1      Normally, we will install your Lightfoot on the Setup Date or as otherwise agreed at the Location. You are responsible for ensuring that your vehicle is available for fitting by us in accordance with our instructions.

5.2      If the Lightfoot is installed by you then you will, on installation, confirm the Lightfoot’s serial number and corresponding vehicle registration.

6.    Dashboard

6.1      We will generate reports and provide access to them for you on your dashboard.  We may change the reports from time to time in accordance with our policy of continuous improvement.

7.    Support and Moves

7.1      The Help Desks’ technical support staff are available between 09:00-17:00 Monday to Friday and will endeavour to answer by telephone any queries which you may have regarding the use of Lightfoot.

7.2      If you require to move your Lightfoot to an alternative supported vehicle, we will provide a re-installation service and/or supply a replacement fitting kit for the new vehicle (if supported) at the prices set out on our website.

8.    Faulty Lightfoot

In the event that Lightfoot fails, you must tell us as soon as possible. We will send you a replacement or repaired Lightfoot (at our option) within 3 business days. You should return the exchanged Lightfoot within 14 days by Recorded Delivery or we
reserve the right to charge the cost of replacement set out in clause 10.5.

9.    Our Duties

9.1      We promise to provide the Lightfoot services with reasonable skill and care.

9.2      If the Lightfoot services do not conform with the above clause 9.1, we will, at our expense, use reasonable commercial endeavours to correct this promptly, or provide an alternative. Such correction or substitution is your only remedy for
any breach of clause 9.1.

9.3      We:

(i)        do not promise that your use of the Lightfoot will be uninterrupted or error-free; nor that Lightfoot and/or the information obtained by you will reduce your particular fuel consumption, increase your vehicle life or otherwise meet your
requirements; and

(ii)       are not responsible for any, loss or damage resulting from the transfer or non transfer of data over communications networks and facilities.

9.4      You acknowledge that Lightfoot may not be free of errors or bugs and you agree that the existence of any minor errors shall not constitute a breach of this Contract.

9.5      You acknowledge that the mobile communications elements of the system are supplied by a third party and is therefore beyond our control.

10.    Charges and payment

10.1    You agree to pay the Setup Fee, Monthly Fee and any fees relating to Additional Services to us in accordance with this clause.

10.2    You must, prior to Start Date, provide us with valid, up-to-date and complete billing details as requested by us.

10.3    Setup Fee is payable within 7 days of the Agreement Date and non payment may result in Setup Date being cancelled.

10.4    If we have not received payment within 14 days after an amount became due, without prejudice to any other rights, we may do all or any of the following: disable the Lightfoot, cease collecting Data and providing access to the Dashboard, Charge
interest at the statutory rate and terminate this Contract.

10.5    If you lose or damage the Lightfoot, then you will be charged for the cost of its repair or replacement. The current replacement cost is stated on the website.

10.6    All amounts and fees stated or referred to in this Contract are non-cancellable and non-refundable.

10.7    We shall be entitled to increase Monthly Fee at the start of each Renewal Period upon 30 days’ prior notice such increase to be limited to the increase in RPI since the Agreement Date or the last increase, whichever is the later. There shall
be no increase during the Minimum Subscription Period.

11.    Data

Please see the Lightfoot Privacy Policy.

12.    Limitation of liability

12.1    You acknowledge that conclusions drawn from the Dashboard information and the use of Lightfoot itself are your sole responsibility.

12.2    Nothing in this Contract excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

12.3    Subject to clause 12.1 and clause 12.2:

(i)        we shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss arising
under this Contract; and

(ii)       our total aggregate liability in contract, tort, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the greater of £100,000.

13.    Termination

13.1    Either of us may terminate this Contract at the end of the Minimum Subscription Period or at the end of any Renewal Period, by giving notice in writing at least 30 days before the end of the Minimum Subscription Period or the relevant Renewal
Period.

13.2    Either of us may terminate this Contract immediately on written notice to the other if:

(i)        the other commits a material or persistent breach of this Contract which is not remedied (if remediable) within 14 days after the service of written notice requiring remedy;

13.3    Upon termination for any reason all rights granted to you under this Contract shall cease and the Lightfoot (excluding cables and display) must be returned to us by recorded delivery within 14 days of termination at your expense.

13.4    You understand and agree that you will be liable to pay the remaining months of the Minimum Subscription Period or any Renewal Period if the Contract is terminated other than by you in accordance with clause 13.2.

14.    Transfer of rights and obligations

You may transfer this Contract, subject only to our written consent, which will not be unreasonably refused.

15.    Notices

Any notice required to be given under this Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the address set out in the Key Terms or such other address as may have been notified
by that party for such purposes.

16.    Miscellaneous

16.1    We will have no liability to you if we are prevented from or delayed in performing our obligations under this Contract by acts, events, omissions or accidents beyond our reasonable control.

16.2    This Contract represents the entire agreement between us in relation to the licensing of the Lightfoot and we each acknowledge that, neither of us has relied on any representation, undertaking or promise given by the other or be implied from
anything said or written in negotiations between us prior to entering into this Contract.

16.3    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this Contract (unless such untrue statement was made fraudulently) and the other party’s
only remedy shall be for breach of contract as provided in these terms and conditions.

16.4    This Contract shall be governed by, and construed in accordance with, English law and each of us irrevocably submit to the exclusive jurisdiction of the English courts.

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