Terms & Conditions

We are Microdot Anti-Theft Systems Limited trading as TAG&TRACK (referred to as "TAG&TRACK"/ "we"/"us"/"our"). Our registered office is C/O PR ACCOUNTING SERVICES, RAYDEAN HOUSE, WESTERN PARADE, GREAT NORTH ROAD, NEW BARNET HERTS, EN5 1AH. We are incorporated in England and our company number is 07166019. These Terms apply to the entire contents of our website at www.tagandtrack.com ("website") and to any correspondence between us and you. Please read these Terms carefully before using the website. Using the website indicates that you accept these Terms regardless of whether or not you choose to register with us.

INTRODUCTION

1.1 You may access some areas of the website without being a member of the TAG&TRACK service. Certain areas of the website are only open to you if you register.

1.2 By accessing any part of the website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the website immediately.

1.3 We may revise these Terms at any time by updating the website. You should check the website from time to time to review the then current Terms, because it is binding on you.

1.4 All calls and other communications may be recorded for training, monitoring and quality of service purposes. You consent to this.

PART A: THE TAG&TRACK SERVICE

1. THE SERVICE

1.1 In this part of the Terms:

1.1.1 "Service" and "account" both mean the services that you are entitled to receive as part of your Contract with TAG&TRACK. Paragraph 2.2 below states where further details of the Service will be found;

1.1.2 "Service Details Pages" means the pages on the website stated to include the full details of the Service;

1.1.3 References to a "member of the Service" and "membership" mean you entering into or having entered a Contract with TAG&TRACK for the Service (depending upon the context);

1.1.4 "Memberships" means the types of standard services that you can choose from when becoming a member;

1.1.5 "Contract" is as defined in paragraph 4.3 below.

1.2 Details of the services that you are entitled to receive, or in the case of some services your allowance of entitlement to those services, are as set out in the Service Details Page for your Membership at the time that the Contract is formed (see paragraph 4.3 below). A summary of the service details will be sent to you at the time your membership application is accepted.

2. YOUR STATUS

2.1 By becoming a member of the Service, you warrant that:

2.1.1 You are legally capable of entering into binding contracts;

2.1.2 You are at least 18 years old;

2.1.3 You are entering into the Contract as a consumer and not a business. (If you are a business and wish to contract with us for our corporate services, please contact us).

2.2 TAG&TRACK does not sell memberships for purchase by children. We sell memberships and services for purchase by adults and use by adults and children. If you are under 18, you may use TAG&TRACK only with the involvement of a parent or guardian.

3. BECOMING A MEMBER OF THE SERVICE; HOW A CONTRACT IS FORMED

3.1 To apply to become a member of the Service, you must complete the registration process on the website.

3.2 As part of the registration process, you will be required to accept the Terms and pay the first fee to proceed with registration.

3.3 After completing the electronic sign-up form, we will send an email to the email account as entered on the sign-up form to confirm that the application has been accepted. Upon us sending the confirmation and full receipt from you of payment of the first Membership Fee, a binding contract will come into force between us ("Contract"). 3.4 TAG&TRACK offers a right to cancel - please see paragraph 11.

4. USE OF YOUR ACCOUNT; PIN NUMBER(S) SAFETY

4.1 You are responsible for all use of your account. Subject to paragraph 5.3, you will be charged for all use of the Service, whether or not that use is by you personally.

4.2 Where applicable, you must keep your pin number(s) safe. Responsibility for the security of any pin number(s) rests with you. Subject to the limited permission to allow others to use your account set out in paragraph 6 below, you must not disclose your pin number(s) to any other person.

4.3 You become aware or suspect that your pin number(s) has/have been accidentally disclosed, or that someone has been using your account without your permission, you must report this to us immediately. We will then take steps to disable your account as quickly as possible. You will not be liable for charges for use of your account from the time that we disable your account.

5. USE OF THE SERVICE BY FAMILY MEMBERS

5.1 Subject to the rest of this paragraph, TAG&TRACK permits you to share your pin number(s) with other members of your family. As stated in paragraph 5.1, you will be responsible for all charges for use of your account.

5.2 If you share your pin number(s) with other member/s of your family, you must do so on the basis that the pin number(s) is/ are confidential information, and that person must not share the pin number(s) with anyone else.

5.3 At any time, we may contact you personally to check that you have authorised other persons to use your account, and may suspend your account until we are able to speak to you to confirm this authorised use.

5.4 We are also entitled to refuse to provide the Service to any person where that person does not provide sufficient evidence (in our opinion) that they are authorised by use to use your account. However, where we do provide the service to others, you will be responsible for all charges.

5.5 TAG&TRACK does not permit you to share your pin number(s) with anyone except as set out above.

6. THE CONTRACT PERIOD; CONTRACT RENEWALS

6.1 The Contract starts on the date on which it is formed, as described in paragraph 4.3 and continues for the length of the service ("Contract Period") as described on the relevant Service Details Page.

7. PAYMENT

7.1 The charges of the Service consist of two elements:

7.1.1 A fee for membership. The first fee is payable as part of the registration process; subsequent fees are payable at the start of each Contract Period; 7.1.2 Charges for using a Service by telephone, text, or another method of communication for which charges apply. Please see the details for current charges on our Website to see the charges that apply to your use of the Service. Please note that you will also have to pay the cost of the telephone call, text message or other communication method itself and any other incidental cost of the use of the service.

7.2 Details of the charges for your Membership are set out on the Service Details Page for that Membership.

7.3 Payment for the Service must be by credit or debit card. We accept payment with the cards listed by our online payment system from time to time.

7.4 The secure payment provider that we use will retain your payment details including, where relevant, credit and debit card details, to enable billing of per minute call charges and easy membership renewal. Please refer to our Privacy Policy Click here.

7.5 We may send you an email prior to the expiry date of your payment card, inviting you to update your card details to enable you to have continual and uninterrupted use of the Service.

7.6 If you do not pay an amount when it becomes due, you must arrange to make payment by another method. If a payment is overdue by 7 days or more, we reserve the right to suspend your account or terminate the Contract.

8. DOCUMENT STORAGE

8.1 If you upload data and information to our Document and Data Storage facility (“Doc Store”) this information will be held securely and will be private to you. We do not have access to this data. We will never ask for your Doc Store password. In the event that you forget your Doc Store password, if we are satisfied as to your identity, we will email you to enable to you to recommence use of the Service.

9. FAIR USE POLICY

9.1 Your membership includes the entitlement to make unlimited emergency calls and/or texts to Calluma per annum. These will be of unlimited length and we will endeavour to provide interpretation assistance (subject to our Fair Use Policy) if required. Emergency calls are those that, in CallUma’s reasonable opinion, constitute an emergency, typically those that require contact with and language interpretation between the member and the emergency services i.e. Police, Fire and Ambulance services.

9.2 TAG&TRACK’s Fair Use Policy is designed to make sure that your TAG&TRACK service is great value, fast and reliable whenever you use it. It is intended to ensure that our customers do not use our services in an excessive, unreasonable, offensive or fraudulent manner. Such usage may impact the quality or reliability of our services. Our Fair Use Policy applies when you use any of our unlimited services.

9.3 Excessive use. You must not use any of our unlimited services in a way that we deem to be excessive. We will notify you if we deem your usage to be excessive, and in breach of our Fair Use policy, and may ask you to reduce your usage. If usage continues at an excessive level following this request or if usage is deemed by us to be unreasonable, offensive or fraudulent, we may refuse you access to our CallUma service and/or you may then be charged at our standard rates for your usage.

10. YOUR RIGHT TO CANCEL THE CONTRACT

10.1 If you are contracting as a consumer, you may cancel an Annual Contract at any time within 15 days, beginning on the day on which the Contract comes into force (as described in paragraph 4.3) ("Cancellation Period"). In this case, you will receive a full refund of the membership fee paid for the Service in accordance with our refunds policy.

10.2 The right to cancel described in paragraph 11.1 will end early if you begin using the Service during the Cancellation Period. In such a situation, the right to cancel will end when you first use the Service.

10.3 Where the right to cancel applies, to cancel a Contract you must inform us in writing by emailing the following email address: memberenquiries@calluma.com

11. OUR RIGHTS TO END THE CONTRACT

11.1 We may end the Contract at any time by giving notice to you if you do any the following:

11.1.1 You breach the acceptable use policy or conduct rules set out in Part B below, or any of your other obligations under these Terms;

11.1.2 You fail to pay an amount due to us within 7 days of it becoming due, as further in paragraph 8.6 above.

11.2 If we end the Contract in accordance with paragraph

12.1, you shall not be entitled to any refund of the annual fee, and you shall immediately pay all sums that you owe to us (whether or not under the Contract). This does not affect your statutory rights.

12. LIABILITY FOR THE SERVICE

12.1 TAG&TRACK's liability to you for any claim for breach of contract, negligence, breach of statutory duty or otherwise shall be limited as follows:

12.1.1 For any claim for personal injury or death caused by our negligence, or for fraudulent misrepresentation, no limit shall apply;

12.1.2 For any other claim, our liability shall be limited to the greater of: £2,000 for all claims arising within a 12 month period; or the fees that you have paid to us within the 12 months before the claim arose.

12.2 TAG&TRACK shall not be liable to you for the following types of loss, whether direct, indirect or consequential, and even if you notified us that you would incur any of these losses:

12.2.1 Financial loss;

12.2.2 Expected or incidental losses; loss of expected savings; reduction in the value of an asset.

12.3 Please refer to paragraph 20.3 for the types of liability that we do not exclude.

PART B: ACCEPTABLE USE AND ACCEPTABLE CONDUCT POLICY

13. CONDUCT

13.1 You will treat our staff and interpreters with respect. Any verbal abuse or threats will be reported to the relevant authorities and further use of the Service will be terminated.

13.2 You must not use the website in any way that could cause damage, impairment or restricted access to the website.

13.3 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

13.4 You are prohibited from posting or transmitting to or from the website any material:

13.4.1 That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or 13.4.2 For which you have not obtained all necessary licences and/or approvals; or

13.4.3 Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

13.4.4 Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

13.5 You may not misuse the website (including, without limitation, by hacking).

13.6 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of paragraphs 14.4 or 14.5.

PART C: GENERAL

14. INTELLECTUAL PROPERTY

14.1 CallUma.com, CallUma, the CallUma logo, Pass the Phone, Tag&Track, Just Text HELP, Doc Store and other marks indicated on our website are the unregistered trademarks (or registered trademarks where expressly indicated) of CallUma.

14.2 You are permitted to print and download extracts from the website for your own use on the following basis:

14.2.1 No documents or related graphics on the website are modified in any way;

14.2.2 No graphics on the website are used separately from the corresponding text; and

14.2.3 Our copyright and trademark notices and this permission notice appear in all copies.

14.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including, without limitation, photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from the website other than in accordance with this paragraph 15 for any purpose is prohibited. If you breach any of these Terms, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

14.4 Subject to this paragraph 15, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

14.5 Any rights not expressly granted in these Terms are reserved.

15. LINKS TO AND FROM THE WEBSITE

15.1 You may link to the website from your own website or newsletter for the purpose of promoting or recommending our services to your visitors and/or readers. We reserve the right to revoke your right to the website where we deem this to be appropriate.

15.2 Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website.TAG&TRACK has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.

16. ACCESS AND MAINTENANCE

16.1 We will try to ensure that availability of the website and the Service will be uninterrupted and error free. However, due to the nature of the Internet and other telecommunications services, this cannot always be guaranteed. The Website and the Service may occasionally be suspended or restricted to allow for repairs, maintenance of the service, or the introduction of new or amendment to services provided. We will endeavour to keep such "down-times" to a minimum.

16.2 Owing to the nature of the various telecommunications services around the world, TAG&TRACK cannot guarantee that you will be able to contact us by mobile or landline at any time.

17. EVENTS BEYOND OUR REASONABLE CONTROL

17.1 We are not responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control, and shall not be liable for any losses or expenses (whether direct or indirect) arising out of such delay or failure. This condition does not affect your statutory rights.

18. CONCERNS AND COMPLAINTS

18.1 If you have any concerns or complaints about the Service or the Website, please email us a complete description and we will try to resolve the issue for you.

19. LIABILITY FOR THE WEBSITE

19.1 The following liability limits apply to the Website. They do not apply to the Service; paragraph 13 sets out our liability for the Service.

19.2 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

19.3 Nothing in these Terms shall exclude or limit our liability for:

19.3.1 Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

19.3.2 Fraud; or

19.3.3 Misrepresentation as to a fundamental matter; or

19.3.4 Any liability which cannot be excluded or limited under applicable law.

19.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs for that servicing/repair/correction.

20. NOTICES

20.1 Any notice given under this Agreement shall be in writing sent by email (provided that a delivery and read receipt are requested at the time of sending) or registered post to the relevant party at:

20.1.1 In the case of notices sent to you, (in the case of post) the most recent postal address you have supplied to us or (in the case of email) the most recent email address you have supplied to us;

20.1.2 In the case of notices you send to us, (in the case of post) our address as stated at the start of these Terms or (in the case of email) the following email ????????;

20.2 We shall both consider that any notice will have been received:

20.2.1 In the case of registered post, 48 hours from the date of posting; and

20.2.2 In the case of email, 48 hours from the date of sending the email, provided that the sender has on record a receipt for the delivery and/or reading of that email.

21. OUR RIGHT TO VARY THESE TERMS

21.1 Recommendations & Complaints Procedure If you have been happy with the service we have provided, please let us know. We also welcome suggestions for improvements and will take them seriously as a part of developing and improving our services. If you have been less than happy with our service we have provided please also let us know. We will want to consider how we might have done things differently and how we can generally improve the quality of our services. If you wish to make a complaint about a service we have delivered or the way in which it was delivered, we set out our complaints procedure below. Our complaints procedure has two stages:- Stage one: Tell and preferably write, by e-mail or letter, including your daytime and evening telephone number to our Customer Care Department. You should do this within one month of the action that gave rise to your complaint. We will acknowledge your complaint within 7 days of receipt and provide you with a reference number for future correspondence. If you feel the complaints procedure disadvantages you in any way – if, for instance, providing written information is difficult for you, we will arrange for a manager to take full written details down on your behalf. Stage two: A senior member of staff will investigate the complaint and write to you with the conclusions of the complaint and any proposed course of action within 28 days of receiving your original complaint. Failure to take the above steps will prejudice our liability to resolve your complaint and/or investigate it fully.

22 GOVERNING LAW AND JURISDICTION

22.1 We have the right to revise and amend these Terms from time to time. The revised or amended Terms will apply from the date on which they are uploaded to the Website. You should therefore check these Terms regularly for updates.

22.2 These conditions are governed by and construed in accordance with the laws of England. You agree, as we do, to submit to the exclusive jurisdiction of the courts of England.

23 TAG&TRACK PLUS

I.C.E please read carefully. 

“Tag&Track plus” includes the additional benefit of I.C.E. in case of emergency contact information. This optional service is intended to help us provide the emergency services with an emergency point of contact worldwide.

In order for us to provide the I.C.E service, we will require information which you may deem to be personal and sensitive. Any or all information that you provide us with is purely optional and NOT mandatory and any information that you have provided is done so at your own discretion. 

You have the option to provide us with;

 ·         An emergency contact name and telephone number

·         Travel insurance certificate number

·         Blood type

·         Allergies, medications, foods, etc.

·         Any medical conditions Diabetes, type 1,2, Heart conditions, Cardiac dysrhythmia etc

Other 
At no time will any personal or sensitive customer information provided be shared with any third parties or used in any situation other than the sole purpose it is intended.

By choosing to complete the optional fields, you are in agreement that the information you have personally provided is correct and you fully authorise any or all Tag&Track staff or representatives to provide this information to any or all of the emergency services worldwide, should the need arise. Please note: Our staff are not medically trained, and will only give out the exact information you have provided verbatim.

At no time now or in the future, can or will, Globelink Language solutions trading as Tag&Track or any member of it’s staff or representatives be held responsible for providing any of the emergency services incorrect information which may result in direct or indirect personal damage caused by the use of any information you have provided.

By choosing not to provide this information will not in any way effect the use of any other Tag&Track service.