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WEX Telematics Atom Consumer Terms & Conditions

 

These terms and conditions set out the agreement between (1) you (“you” or your”); and (ii) WEX Europe Services (UK) Limited, a company incorporated in England and Wales (registration number 08903805) having its registered office at Hyphen Building, Floor 7, 75 Mosley Street, Manchester, M2 3HR (“us”, “we” or “our”).

Your use of our Telematics Atom services will be governed by the terms and conditions below as well as any additional terms set out in your Sales Order Confirmation (as defined in section 1 be-low). Please read through these terms and conditions carefully, as they apply to all customers that receive Telematics Atom services from us mainly for personal use. If you use the Telematics Atom services from us mainly for the purposes of your trade, business or professional, these terms and conditions will not apply, and your use of the services will be governed by our terms and conditions applicable to business customers.

1. Special rules of interpretation used in these terms

Some of the words and phrases used in this agreement have special meanings. These words and phrases are will begin with a capital letter and are listed below:

Commencement Date means the beginning of the first billing period;

Contract means a contract for the sale and licence (as applicable) of Products and/or the Services entered into between you and and us in accordance with section 2;

Data Reports means visual and other representations of telematic data accessible through the Website;

Firmware means our tracking unit management and control software, licensed by one of our affiliated companies, Radius Payment Solutions Limited (Company number: 08260702);

Vehicle means your vehicle that is tracked or traced via the Services;

Hardware means vehicle telematics units and associated peripherals which may or may not include Firmware, SIM card and network airtime and Onboard Unit;

Location Data means data on the geographical position of the Vehicle and other messages sent to or by the Vehicle;

Mobile Communication Services means the mobile electronic communication services used for transmitting Location Data;

Onboard Unit means an electronic device that can be used for obtaining, capturing and transmitting Location Data and other driver behaviour events via satellite tracking and for sending and receiving such data;

Prices means the price:

  • for the Products and the Services as published on our website from time to time and confirmed in the Sales Order Confirmation; or
  • as otherwise agreed between you and us.

PAYGO means where we supply the Product and Services to you on a rolling monthly basis;

Products means the Hardware which is purchased by you and where applicable the Software and Firmware;

Sales Order Confirmation means the confirmation sent by us to you;

Services means the delivery of such services as agreed with you from time to time;

SIM means Subscriber Identity Module card providing network airtime;

Software means our proprietary application software and third party licensed software where applicable in existence at the commencement of the Contract or developed as a product of the Services;

Statistical Data has the meaning given to it in section 10.5;

Terms means these terms and conditions, along with (where appropriate in the context) the Sales Order Confirmation and invoice;

Website means the content (including all and any displayed materials and graphics such as databases, maps, photographs, and other images) of our websites at www.wextelematicseurope.com and www.wexvelocity.com which shall contain the Data Reports

2. How a contract between you and us is formed

2.1     An order that you give us does not form a Contract between you and us until we process it. Each order for Products given by you to us will be deemed to be an offer by you to purchase (and in the case of Software and Firmware, licence) Products and/or Services from us subject to these Terms and in order for a Contract to come into force we shall send a Sales Order Confirmation to you.

2.2     Even if we do not issue a Sales Order Confirmation, your use of the Products and/or Services will still result in a Contract between you and us. Regardless of what it says in section 2.1 above, your use of the Products and/or the Services will constitute acceptance of these Terms by you and a Contract will come into force between you and us on the basis of these Terms.

3. Delivery of the Hardware

3.1     Where we will deliver the Hardware to and when you become responsible for loss or damage. Unless otherwise agreed between you and us:

3.1.1  all Hardware will be delivered by us to your residential address or to such other UK address that you may nominate;

3.1.2  we will pay the costs of delivery;

3.1.3  responsibility for loss or damage to the Hardware will pass from us to you when the Products are delivered to or where applicable collected by you.

3.2    When we will deliver the Hardware to you. We will aim to deliver Hardware within a reasonable period after issuing a Sales Order Confirmation, and in any event, no later than 30 days after the date that we issue the Sales Order Confirmation. If we provide a delivery date, this shall be an estimate only and may be subject to change.

4. Legal ownership of the Hardware

4.1    When you will become legal owner of the Hardware. Where you purchase the Hardware from us, legal and equitable ownership of the Hardware (excluding where applicable, Firmware and SIM card) will pass from us to you upon the later of:

4.1.1 delivery of the Hardware; or

4.1.2 receipt by us of all amounts due from you to us under any Contract or other agreement.

4.2 You must keep the Hardware safe on our behalf until ownership of the Hardware passes to you. Until ownership of the Hardware (excluding where applicable Firmware and SIM card) has passed to you:

4.2.1 you will hold the Hardware on our behalf as our agent;

4.2.2 you will as applicable: (i) store the Hardware in a secure, safe, dry and clean environment separately from other products and goods; (ii) ensure that the Hardware is easily identifiable as belonging to us; (iii) not deface, destroy, alter or obscure any identifying mark on the Hardware or their packaging; (iv) ensure that no third party gains any right over the Hardware (such as a charge, lien or other encumbrance); and (v) deliver up the Hardware to us on demand.

4.3   Circumstances where we have the right to take back the Hardware from you. Where you have not paid for the Hardware, your right to possession of the Hardware shall end immediately in the event of:

4.3.1 you are made bankrupt or you enter into a formal arrangement with your creditors for repayment of your debts; or

4.3.2 you cause, or seek to cause, a third party to gain rights over the Hardware (such as a charge, lien or other encumbrance).

4.4    Our right to recover the price of the Hardware from you. We may bring an action for the price of the Hardware, and any other amounts due under a Contract, notwithstanding that title to the Hardware has not passed to you.

5. Your obligation to us

5.1    Your use of the Products and use by third parties. You agree to:

5.1.1 only use the Products for their purpose and in a careful and proper manner in compliance with our instructions and specifications; and

5.1.2 ensure that any other person that uses the Products complies with the terms of this Agreement..

5.2    You still need to pay us if you allow third parties to use the Products. If you allow any other person to use the Products supplied to you under this Agreement, you shall remain responsible to us for use of the Products and for paying all amounts due under the Contract.

6. Our rights to make changes

6.1    Minor changes to the Products and/or Services. We may change the Product and/or Services:

6.1.1 To reflect changes in relevant laws and regulatory requirements, for example if there is a change in data privacy law; or

6.1.2 To implement minor technical adjustments and improvements, for example to address a security threat. In this case, we will always aim to minimise the impact on your use of the Product and/or Services.

6.2    More significant changes to the Products and/or Services or these Terms. In a situation where we need to either:

6.2.1 make more significant changes to the Products and/or Services; or

6.2.2 make changes to these Terms,

we will tell you at least 30 days before the change takes place.

If you have agreed a fixed term Contract with us, we will give you the option of accepting the change or ending the Contract without penalty. You must tell us if you want to end the Contract before the change becomes effective, otherwise we will assume that you accept the change and you will lose the right to end the Contract without penalty.  If you use your right under this section 6.2 to end the Contract, we will             refund any fees you have paid in advance for the Products and/or Services you do not receive.

If you have a PAYGO Contract with us, we will assume that you accept the change if we do not hear from you before the change becomes effective. If you do not agree with the change, you may use your right under section 12.4 to end the Contract.

7. Prices and Payment

7.1    We will confirm the Prices when we send a Sales Order Confirmation. The applicable Prices in respect of the Services provided to you by us shall be as set out in the Sales Order Confirmation.

7.2    The terms set out in a Sales Order Confirmation apply if there is a conflict with these Terms. Each purchase of Services by you under a Sales Order Confirmation shall be subject to these Terms. If any provision in these Terms are in conflict with any provision in a Sales Order Confirmation that we issue to you, the relevant provision in the Sales Order Confirmation will apply.

7.3    When an order from you is considered accepted. An order from you for Products and/or Services is only considered to be accepted by us when:

7.3.1 a valid Sales Order Confirmation has been notified to you; and/or

7.3.2 your order has been processed by us.

7.4    How you need to pay for the Products and/or Services. You shall pay the Prices, via direct debit, to us in accordance with this section and as specified in an applicable Sales Order Confirmation. Unless otherwise specified in the Sales Order Confirmation, payment of all amounts due shall be made by you within 14 days of the date of invoice.

        The Prices we quote are inclusive of tax. All Prices quoted and payable under a Contract include all value-added and other taxes and duties applicable to the sale, licencing and supply of the Products or provision of the Services.

7.5    We may charge you interest if you do not pay us on time. If you do not pay any amount properly due to us under or in connection with a Contract on or before the due date, we may charge you interest on the overdue amount at the rate of 4% per year above the UK base rate of Barclays Bank Plc from time to time (which interest will accrue daily until the date of actual payment and be payable on demand).

7.6    We will not change our Prices during a fixed term Contract but we might if your fixed term Contract has expired or if you are a PAYGO customer. If we have a fixed term Contract with you, we will not changes our Prices during the term of that fixed term Contract. However, if:

7.6.1 your fixed term Contract has expired and you are receiving Services on a rolling monthly basis; or

7.6.2 you are a PAYGO customer,

we may change our Prices by giving you 30 days’ written notice, which will take effect in the month following expiry of the 30 day notice period.

7.7    You are not allowed to make deductions. You shall make all payments properly due under a Contract without making any deduction from the amount due.

8. If there is a problem with the Products or Services you receive from us

8.1    If you have any questions or complaints about the Products or Services that we provide to you, please contact us. You can contact our customer service team on 01270 531 998 or you can email us partnerships@wexinc.com.

8.2    We are under a legal duty to provide our Products and Services to you in conformity with the Contract. The box below contains a summary of your key legal rights in relation to the Products and Services. Nothing in these Terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information, you may wish to visit the Citizens Advice website at www.citizensadvice.org.uk.

If your product is goods (for example, the Hardware supplied under our Contract with you), the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
  • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
    You may also have the right to cancel the Contract within a “cooling off” period (see section 12.2).If your product is services (for example, the Services provided under our Contract with you), the Consumer Rights Act 2015 says:you can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
  • if you have not agreed a price beforehand, what you are asked to pay must be reasonable.
  • if you have not agreed a time beforehand, it must be carried out within a reasonable time.
    You may also have the right to cancel the Contract within a ‘cooling off’ period (see section 12.2)8.2

8.3    If you wish to exercise your legal rights to reject Products due to a fault, you must either post them back to us or allow us to collect them from you. In this case, we will pay the costs of postage or collection. Please call customer services on 01270 531 998 or email us at partnerships@wexinc.com to begin the returns process.

9. Your rights and obligations concerning use of the website

9.1   Subject to and in accordance with the provisions of this Contract, we grant to you for the duration of the Contract a personal, non-exclusive right to: access and browse the contents of the Website; and download and print Data Reports or any part thereof from the Website on the basis that no graphics on the Website shall be used separately from the corresponding text; and you shall not utilise our trademarks or trade names in any way without our express written consent save that you shall ensure that our copyright and trade mark notices appear in all copies. 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.

9.2   You shall comply with any reasonable instructions or conditions relating to its use of the Website as may be posted on the Website or otherwise communicated to you from time to time by us.

9.3   We shall supply you with a unique, personalised user name and password to enable you to access the Website and thereby use the Service. You agree that responsibility for the security of any user name or password issued pursuant to this section 3 rests with you. If you have reason to believe your user name or password has been compromised, please call our customer services team on 01270 531 998.

9.4   We shall make the Data Reports and the Location Data in respect of any data received from your Onboard Unit available on the Website.

9.5   Please note that the availability of the Website (or relevant parts thereof) is dependent upon systems, technologies and other factors which are beyond our control including but not limited to Mobile Communication Services operated by third party providers and the Internet and interconnected systems. Due to the nature of such technologies, systems and other factors, problems including but not limited to, outages, link failures, power difficulties, network overloads, signal degradation and topographic, electromagnetic and other interferences and government intervention may have an adverse effect on the availability of the Website. We do not guarantee that the features made available on the Website will continue to be supported by Mobile Communication Services or that you will be able to use the features made available on the Website as part of the Services for the intended use, due to the fact that such depends partly on circumstances beyond our reasonable control.

9.6   We shall have the right at any time to temporarily suspend access to the Website for the purposes of maintaining or repairing the Website or any part thereof; and to make changes to the functionality, presentation, features, modes of access and material content in relation to the Website at any time without giving you notice.

9.7    We will provide you with SIM cards for each Onboard Unit that you are entitled to use in accordance with the Contract, which you shall use solely:

9.7.1 in combination with the Onboard Units; and

9.7.2 for transmitting Location Date between your Vehicle(s) and our platform as permitted as part of the Services.

10. Intellectual property rights and data

10.1   All Intellectual Property Rights in or arising out of or in connection with the Services or the Products (including the Hardware, Firmware and Data Reports) shall be owned by us.

10.2   Your use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to you.

10.3   We own all data generated by or related to the operation or performance of the Services (including the Data Reports and Location Data). This operational and performance data does not include any Personal Data (which, for the avoidance of doubt, shall be dealt with subject to the provisions of section 14).

10.4   You own all data provided by you to us in connection with the Services. We may use this data as required for the purpose of performing the Services.

10.5   You authorise us to retain and use a copy of the data referred to section 10.4 above, in anonymized aggregated form (such that your identity is not ascertainable) for the purpose of carrying out data analytics in relation to the services provided to our customers and otherwise developing new products and services (“Statistical Data”).

10.6   You grant us a non-exclusive, royalty free, fully-paid, irrevocable worldwide right and licence to access, review, analyse, use, manipulate, copy, and modify the Statistical Data for our own purposes, including but not limited to using the information to produce and distribute reports, analyses and data based upon the Statistical Data. However, except as regards such anonymization and use of the Statistical Data, we shall not use for its own purposes or disclose to any third parties Statistical Data that identifies you or anyone else that drives your Vehicle(s).  It being understood, however, that the preceding restriction shall not apply to disclosures of Statistical Data that are:

10.6.1 required by law in response to request from law enforcement authorities;

10.6.2 made in connection with a court order or other similar demand;

10.6.3 made in connection with a contemplated merger, acquisition or similar transaction;

10.6.4 made to our affiliated or related companies; or

10.6.5 made to our service providers for delivering the Services, on our behalf.

11. Our responsibility for loss or damage suffered by you

11.1   We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking a Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you raised it with us in discussions before the Contract was made.

11.2   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products or Services as summarised at section 2; and for defective products under the Consumer Protection Act 1987.

11.3    We are not liable for business losses. The Products and Services are provided for domestic and private use. If you use the Products or Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. When and how you may end your Contract with us (including if you have changed your mind)

12.1    You must tell us if you want to end the Contract. If you wish to cancel your Contract with us in accordance with these Terms or your legal rights, please contact customer services on 01270 531 998 or email us at partnerships@wexinc.com

12.2    You may cancel your Contract without penalty during the “cooling off” period. You have the right to cancel a Contract without penalty within 14 days from either:

12.2.1  if you have ordered Hardware, the date that you receive the Hardware from us; or

12.2.2  if you already possess Hardware and you are entering into a new Contract for the provision of Services, the date that you enter into a Contract with us.

Please see sections 12.7 to 12.10 for information in relation to the refund that you will receive if you cancel your Contract during the “cooling off” period.

12.3    You may not end your Contract early if you have agreed a fixed term (except if you cancel the Contract during the “cooling off” period mentioned in section 2 above). If you have a fixed term Contract with us that includes the supply of Services, you may not cancel the Contract during the fixed term. We will send you a reminder that your fixed term Contract is ending 30 days before your fixed term Contract expires. Unless you notify us that you wish to cancel the Contract before the fixed term expires, your contract will automatically continue on a month-to-month basis until you give us 30 days’ notice that you wish to cancel the Contract. In this case, the cancellation of the Contract will take effect in the month following expiry of the 30-day notice period.

12.4   You may end a PAYGO Contract at any time by telling us. If you have a PAYGO Contract with us, you may terminate the Contract at any time by giving us 30 days’ notice. The cancellation of the Contract will take effect in the month following expiry of the 30 day notice period.

12.5   Ending your Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at sections 5.1 to 12.5.5 below, the Contract will end immediately and we will refund you in full for any Products and/or Services which have not been provided and you may also be entitled to compensation. The reasons are:

12.5.1 we have told you about an upcoming change to the Product, Services or these Terms which you do not agree to (see section 2);

12.5.2 we have told you about an error in the price or description of the Products and/or Services you have ordered and you do not wish to proceed;

12.5.3 there is a risk that supply of the Product and/or Services may be significantly delayed because of events outside our control;

12.5.4 we have suspended supply of the Products and/or Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

12.5.5 you have a legal right to end the contract because of something we have done wrong, including because we have delivered late (see section 3).

12.6    Returning Products (including Hardware) after ending the contract. If you end a Contract for any reason after we have dispatched Products to you, you must return them to us. You must either post them back to us at WEX Europe Services, Hyphen Building, Floor 7, 75 Mosley Street, Manchester, M2 3HR or allow us to collect them from you. Please call customer services on 01270 531 998 or email us at partnerships@wexinc.com for a return label or to arrange collection. If you are exercising your right to cancel during the “cooling off” period under section 2, you must send off the goods within 14 days of telling us you wish to end the Contract.

12.7   When we will pay the costs of return of Products (including Hardware). We will pay the costs of return:

12.7.1 if the Products are faulty or misdescribed; or

12.7.2 if you are ending a Contract because we have told you of an upcoming change to the Products or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to cancel within the “cooling off” period) you must pay the costs of return.

12.8   What we charge for collection. If you are responsible for the costs of return and we are collecting the Products from you, we will charge you the direct cost to us of collection.

12.9   Where a refund is due to you after ending a Contract. If you use your right to end a Contract in accordance with these Terms or your legal rights, you may be entitled to a refund of what you have already paid to us, less any deductions we are entitled to apply under the Contract (for example, the cost of return of the Products or the cost of the Services that you used before you cancelled the Contract). We will confirm the exact amount that you will be refunded after you tell us that you want to cancel the Contract.

12.10   When your refund will be made. We will make any refunds due to you as soon as possible. If you are using your right to cancel during the “cooling off” period:

12.10.1 If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us.

12.10.2 In all other cases, your refund will be made within 14 days of your telling us that you want to cancel a Contract during the “cooling off” period.

13. Our rights to end the Contract

13.1    We may end the Contract if you break it. We may end the Contract at any time by writing to you if:

13.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

13.1.2 you are made bankrupt or you enter into a formal arrangement with your creditors for repayment of your debts;

13.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products and/or Services;

13.1.4 you do not, within a reasonable time, allow us to deliver the Products to you;

13.1.5 you do not, within a reasonable time, allow us access to your premises to deliver the Products and/or supply the Services; or

13.1.6 you breach any other term of the Contract and you fail to correct that breach within 14 days of us asking you to do so.

13.2    You must compensate us if you break the Contract. If we end the Contract in the circumstances set out in section 1, we will refund any money you have paid in advance for Products and Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

14. Our rights to end the Contract

We will use your personal information as set out in our Privacy Statement.

15. Other important terms

15.1   We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under a Contract.

15.2   You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may not agree if, for example, the proposed transferee is unlikely to be able to fulfill his or her obligations (such as payment of amounts due to us) under a Contract.

15.3   If a court finds part of these Terms illegal, the rest will continue in force. Each subsection of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining subsections will remain in full force and effect.

15.4   These Terms and any Contract can only be changed if we both agree in writing. These Terms and any Contract entered into between you and us may only be changed if we both agree in writing to that change.

15.5   Nobody else has any rights under this contract (except where we agree to you transferring your rights to somebody else). A Contract is between you and us. No other person shall have any rights to enforce any of its terms, except where we agree that you may transfer your rights to somebody else. Neither you nor us will need to get the agreement of any other person in order to end a Contract or make any changes to these Terms.

15.6   Even if we delay in enforcing a Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking a Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products and Services, we can still require you to make the payment at a later date.

15.7   Which laws apply to this Contract and the Terms and where you may bring legal processings. These terms are governed by English law and you can bring legal proceedings in respect of the Products or Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products or Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products or Services in either the Northern Irish or the English courts.

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