Curve, the bike light and GPS tracker Terms
Your Bike light and GPS tracker is part of a subscription service which – through the combination of a bike light, tracker, mobile app and network connectivity – helps you feel safer on the roads and connected to your bike. These Terms and Conditions apply to the extent the Bike light and GPS tracker is controlled or managed through our Vodafone Smart App (also known as the V by Vodafone mobile app) (the “App”). More details of the specific services available when using the Bike light and GPS tracker can be found on the Vodafone web store, and further important information is set out in clause 3 below (the “Services”).
Your Bike light and GPS tracker is offered to you by: Vodafone Limited (a company incorporated in England and Wales, whose registered address is Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN), for all other terms and services set out below (“We”, “our” or “us”) in accordance with these Terms and Conditions (“agreement”).
In this agreement, “you” means either (as applicable):
(a) the person paying the subscription fee for the Services, for setting up the Bike light and GPS tracker and pairing with the App (the “Administrator”); and/or
(b) a person invited by the Administrator to interact with the Bike light and GPS tracker via the App (the “Contact(s))”,
We understand that you may or may not be the person using the Bike light and GPS tracker (the “User”), in which case the Administrator is responsible for ensuring that the User (or if the User is under 18 years of age, that their parent and/or guardian), understands the terms of this agreement, understands how the Bike light and GPS tracker works, and uses the Bike light and GPS tracker in accordance with the agreement. The Administrator accepts these terms on behalf of the User where this provision applies.
See clause 7 (Administrators & Contacts) for more information in relation to Contacts.
Important: The User should never operate any apps on their phone when cycling, and we strongly recommend they continue to take all precautions and safety measures they would normally take when operating a bicycle, such as the use of a helmet, visible clothing or additional lights. The Bike light and GPS tracker should be used in addition to, and not instead of, typical cycling precautions and safety measures.
1. Requirements for setting up and using the Bike light and GPS tracker
1.1 In order to use the Bike light and GPS tracker you must:
a. purchase the Bike light and GPS tracker, which may be available via the Vodafone web store, through approved third-party retailers or in Vodafone stores;
b. download the App on your mobile device, sign up with your Vodafone account or register;
c. connect your Bike light and GPS tracker following the instructions set out in the App;
d. purchase and activate a subscription to the Bike light and GPS tracker (“Subscription”) via the App; and
e. complete activation and personalisation of your Bike light and GPS tracker via the App.
Please note, to ensure you can access all features and Services you will need to allow the App certain permissions on your mobile device.
1.3 Your purchase and use of the Bike light and GPS tracker may be subject to separate terms from your retailer, and separate terms included with the Bike light and GPS tracker - for example, in respect of manufacturer warranties and returns policies.
2. Your Subscription
2.1 The Administrator must have a valid Subscription in order to use, and for the User and Contacts to use, the Bike light and GPS tracker. Subscriptions are subject to the Smart SIM terms and conditions, are activated via the App and will start when you’ve connected your Bike light and GPS tracker to the App, chosen your plan and provided valid payment details.
2.2 All charges relating to your Subscription will be shown in the App during Subscription activation, and will be subject to your acceptance of the Smart SIM terms and conditions. All other rights related to the Subscription, including payment methods, payment frequency, terms specific to existing and/or non-Vodafone customers, and the right to cancel and terminate, are as set out in the Smart SIM terms and conditions.
2.3 You can link multiple Bike light and GPS trackers to the same App account, but you will only be able to view one (1) Bike light and GPS tracker at any one time in the App. Each Bike light and GPS tracker will require a separate Subscription.
2.4 If your Subscription expires or is terminated, you may be able to access some Services that do not require a connection to the internet, however, we cannot guarantee this will be the case or that any features will work without fault or interruption. If you later decide to purchase a new Subscription, we will give you instructions on how to reactivate the Services.
3. Bike Light & Tracker Services
Please note, the Services available to you and any Contacts will be those advertised at the point you purchase the Bike light and GPS tracker. This clause may include information on services which are not yet available, but may become available at a later date. We are under no obligation to launch any of the services listed below that were not advertised as Services at the time you purchased.
3.1 Once you have connected and activated your Bike light and GPS tracker in the App and purchased a Subscription, you will be able to use the Services. Information on the Services can be found on the Vodafone web store, however, please read this clause which provides more detail on some of the key features.
3.2Light: The Bike light and GPS tracker features a smart tail light. The tail light has three modes (flashing, pulse, and continuous) and will increase in brightness when the in-built accelerometer detects that the User is braking. The User will be able to turn the tail light on and off manually, or this can be done through the App.
3.3 Security Mode: For peace of mind when leaving your bike unattended, Security Mode (consisting of Movement Alerts and the siren) can be activated in several ways, including:
(i) detaching the light component from the tracker component to activate (and reattaching the light will subsequently deactivate Security Mode);
(ii) using the App; or
(iii) through Bluetooth (see clause 3.11 below). If you’ve paired the Bike light and GPS tracker to your phone via Bluetooth following the instructions in the App, then as soon as this connection is out of range, Security Mode will automatically activate. And it will deactivate once the Bike light and GPS tracker is back within Bluetooth range of your phone.
Movement Alerts & Siren
3.3.1 When Security Mode is activated and the Bike light and GPS tracker detects patterns consistent with significant tampering, we will notify you of this event and you will be able to view the location of your bike on the map.
3.3.2 If no further events consistent with significant tampering are detected following the notification in clause 3.3.1, you will be informed that the first event was a ‘false alarm’ and Security Mode will reset.
3.3.3 However if, having already sent the notification in clause 3.3.1, the Bike light and GPS tracker continues to detect further significant tampering, the Siren will automatically activate and will trigger ‘Alarm Mode’ in the App. We’ll notify you that the Siren has been activated. When the siren activates, you will be able to track the location of your Bike light and GPS tracker in the App, with location updates provided at an increased frequency. The Siren will continue to sound for a short period (unless you turn it off via the App), after which it will automatically turn off to prolong battery life. The device will continue to send location updates to the App, until these are turned off, or the battery runs out.
3.3.4 When Security Mode is activated and the tracker component detects movement from its current location, the Siren will automatically activate and you will be able to track the location of your Bike light and GPS tracker in the app, which will operate the same as set out in clause 3.3.3.
Movement Alerts and the Siren can be turned off in the App. See FAQs for more information on Security Mode.
3.4 Impact Detection: If the Bike light and GPS tracker’s inbuilt accelerometer detects movement consistent with a significant impact followed by a period of no movement (consistent with the Bike light and GPS tracker being stationary and lying flat on the ground), the Bike light and GPS tracker will trigger an impact detection notification to the Administrator and/or Contacts (as applicable), prompting them to open the App and view the location of the event. Important: In order to avoid false Impact Detection notifications, any movement of the Bike light and GPS tracker following the significant impact (for example, movement to a different Wi-Fi connection, cellular tower or GPS satellite), will result in no notification being sent. Please see the FAQs for more information on Impact Detection.
3.5 Play a Sound: The Bike light and GPS tracker can emit a short sound, controlled through the App, to help locate your bike in crowded areas.
3.6 Insights: The App will allow you to view certain insights into rides the User has made whilst using the Bike light and GPS tracker. This may include data from rides, Impact Detection events, as well as movement of the Bike light and GPS tracker when Security Mode is activated.
3.7 Location: You will be able to view the location of the Bike light and GPS tracker through the App.
3.7.1 The location of the Bike light and GPS tracker will be visible in the App. This location displayed will be the location of the Bike light and GPS tracker at the point in time when it last updated. The location update frequency will automatically increase when the Bike light and GPS tracker moves and will be at its most frequent if Movement Alerts and the Siren are triggered. However, you can always get an up-to-date location by selecting the refresh option in the App.
3.7.2 The battery life of the Bike light and GPS tracker will, in part, depend on the frequency of updates sent. The more frequently the Bike light and GPS tracker updates its location, the quicker the battery will reduce. In the event the Bike light and GPS tracker is unable to update its location, the App will continue to show the last known location of the tracker.
3.7.3 The accuracy of the location may be affected by external factors, as explained below in these terms. In the event one of the tracking technologies used to determine the location of the Bike light and GPS tracker isn’t available, we will still try and provide the location using other technologies, but these may not be as accurate.
3.8 Zones: These are the virtual boundaries you create around a location of your choice. Zones can be set-up and amended in the App. If the Bike light and GPS tracker enters or leaves a Zone, you will receive a notification. Please note that Zones use the device’s location (which is only updated periodically), to determine whether or not it has left or entered a virtual boundary. This means any notifications may not reflect the precise moment the Bike light and GPS tracker left or entered a zone.
3.9Home Mode: You will be able to set up a safe zone, based on physical location, where the Security Mode functionality will be deactivated.
3.10 Battery: The individual Bike light and GPS tracker components have separate batteries. You will be able to view the approximate battery life of both in the App, however we will only be able to calculate the battery life of the light when it’s attached to the tracker. When attached, the light component will be able to provide a small amount of charge to the tracker, but a full charge can only be provided by using the charging cable. Battery life for both the tracker and light is dependent on usage and you will receive low battery notifications for both the tracker and light in the App. See FAQs for more detail.
3.11 Bluetooth: In addition to cellular and GPS connectivity, the App may enable you to pair the Bike light and GPS tracker with their phone via Bluetooth. This will allow you to control certain Services using Bluetooth when within Bluetooth range. Please follow the instructions in the App for more detail.
3.12 Other Features: We may add or remove services that can be used by the Bike light and GPS tracker at any time. We will tell you about any changes as far as reasonably possible (see clause 12 (Variations) below)
4. Third Party Services
5. Content and Conduct
5.1 The Bike light and GPS tracker, App and Services may include videos, audio (for example music and other sounds), graphics, emojis, photos, text (such as comments and scripts), branding (including trade names, trademarks, copyright, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). If you see any Content you believe does not comply with the terms of this agreement you can report it to us.
5.2 Our Content includes any photos, images, graphics, video, audio, data, text, music, emojis, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Bike light and GPS tracker, App or Services (“Our Content”). All of Our Content including its underlying technology are protected by intellectual property laws including copyright, trademark, patent and passing-off, and other laws. We reserve all rights not expressly set forth in this agreement.
5.3 You agree not to remove, change, reproduce, modify, adapt or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Bike light and GPS tracker, App or the Services. Our logos and any other trademarks that may appear on the Bike light and GPS tracker, App or the Services, and the overall look and feel of the Bike light and GPS tracker, App or the Services, including layout, graphics, icons, and scripts, may not be copied, reproduced, adapted, modified, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Bike light and GPS tracker, the App or the Services are the property of their respective owners or of our licensors (“Third Party Content”) and may not be copied, reproduced, adapted, modified, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
5.4 We grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to (a) access and use the Bike light and GPS tracker, App and Services, (b) access and view Our Content, (c) access and use the software and applications provided by the Bike light and GPS tracker, App and Services, and (d) use the software that is embedded into the Bike light and GPS tracker.
5.5 You will not use, sub license, copy, adapt, reproduce, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit Our Content, Third Party Content, the Services or any portion thereof (including any third-party software), except as expressly permitted in this agreement. No additional rights are granted to you except for those set out in this agreement.
5.6 You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in Our Content or Third Party Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.
5.7 You may be able to upload, post, store, share, send or display Content that you have generated or created, on the App and the Bike light and GPS tracker (“Your Content”). You must not submit, upload, post, store, share, send or display any Content that does not comply with this agreement or the law. See clauses 5.10 and 5.12 for more details.
5.8 You retain ownership rights in Your Content, except for rights which subsist in Our Content or Third Party Content which is incorporated within Your Content. However, by providing Your Content to the Bike light and GPS tracker, App or Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use that Content (including to reproduce, distribute, modify, display, translate, create derivate works from, and perform it) for the purpose of operating, promoting, and improving the Bike light and GPS tracker, App or the Services.
5.9 The licence in clause 5.8 shall apply across all media formats and channels now known or later developed and shall end when you remove Your Content or delete your Vodafone Smart Tech account. Once Your Content has been removed, the licence will terminate except where the operation of the Bike light and GPS tracker, App or Services or the law requires otherwise. For example, removal of Content by you does not require us to delete copies we reasonably need to keep for legal purposes.
5.10 You understand that you are entirely responsible for all the Content you upload, create, post, email, transmit, share, send, store, display or otherwise make available via the Bike light and GPS tracker, App or Services, and warrant that you own Your Content or have all rights necessary to grant us a license to use Your Content as described in these Terms. We do not proactively and routinely screen or monitor Your Content and, as such, do not guarantee the accuracy, integrity or quality of such Content. However, we may, in our sole discretion, screen and monitor Content and, if we reasonably believe that Your Content is in breach of this agreement or may cause harm to us, other users, or third parties (such harm includes infringement of third party intellectual property rights), we may remove or take down it down, disclose your identity to third parties, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Bike light and GPS tracker or the App. We may notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for us or our affiliates; (b) would compromise an investigation or the integrity or operation of the Bike light and GPS tracker, App or Services; or (c) would cause harm to us, our affiliates, other users or third parties.
5.11 You understand that by using the Bike light and GPS tracker, App or Services, you may be exposed to Content outside of our control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available. You agree to bear all risks associated with the use of any Content available in connection with the Bike light and GPS tracker, App or Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
5.12 Your Content must not:
5.12.1 infringe, misappropriate, or violate a third party’s patent, copyright, trademark or other intellectual property rights, or any rights of publicity or privacy;
5.12.2 violate, or encourage any conduct that would violate any applicable law or regulation;
5.12.3 be fraudulent, false, misleading, or deceptive;
5.12.4 be defamatory, obscene, pornographic, vulgar, or offensive;
5.12.5 promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
5.12.6 be violent or threatening or promote violence or actions that are threatening to any person or entity; or
5.12.7 promote illegal or harmful activities or substances.
And you must not:
5.12.8 upload any Content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
5.12.9 use or attempt to use another account (including Contact or Administrator accounts) without permitted authorisation, or impersonate any person or entity;
5.12.10 harvest, solicit, or collect information of other Contacts for any reason whatsoever, including, without limitation, for sending unsolicited communications;
5.12.11 post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or
5.12.12 use the Bike light and GPS tracker, the App or the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Bike light and GPS tracker, App or Services, or which may expose us or our users to any harm or liability of any type.
5.13 If Your Content violates this agreement, you may bear legal responsibility for that Content. Your Content will not be subject to any obligation of confidence on our part and we will not be liable for any use or disclosure of any Content you provide.
6. Limitations of the Services
6.1 The Bike light and GPS tracker is intended for personal, non-commercial use. We will provide the Services with reasonable skill and care. However, we do not guarantee that they will be fault free. Please go to the Vodafone web store, read the product FAQs and clause 3 above (Bike light and GPS tracker Services) to understand how the Services work, and any associated limitations.
6.2 We aim to provide you with the Services at all times. However, you acknowledge and agree that, the nature of the underlying mobile, WiFi, GPS and other technology involved are such that the Services (or part of the Services) may not be available at all times or in particular locations, and the Services may be adversely affected by physical features beyond our control, including network overload, weather conditions, electromagnetism, atmospheric conditions and other causes of interference beyond our control (e.g. failure of GPS or GSM networks or for service maintenance reasons), or if you are using the device and/or the App in a place inadequately covered by GPS, WiFi, or Vodafone’s GSM networks.
6.3 The Bike light and GPS tracker is dust proof and water resistant, having been tested under controlled laboratory conditions with a rating of IP67 under IEC standards. This means that the Bike light and GPS tracker is resistant to water splashing and can withstand immersion in 1 meter of fresh water for a period of 30 minutes. Please note that resistance may decrease over time with normal use. The Bike light and GPS tracker should be cleaned with fresh water and dried with a lint-free cloth if it comes into contact with anything other than fresh water.
6.4 You acknowledge the Bike light and GPS tracker is only designed to be used in the ways advertised by us, and that if used in any other way, some Services may not be available or may not work properly. If the Bike light and GPS tracker is damaged the Services may not be available. The User should never operate any apps on their phone when cycling, and we strongly recommend they continue to take all precautions and safety measures they would normally take when operating a bicycle, such as the use of a helmet, visible clothing or additional lights. The Bike light and GPS tracker should be used in addition to, and not instead of, typical cycling precautions and safety measures.
6.5 The Bike light and GPS tracker is designed for use on land and must not be connected/used when taken in aircraft.The Bike light and GPS tracker is not designed to comply with all rules and regulations around the use of connected, battery powered devices on an aircraft, and is also not designed for use in baggage stored in aircraft holds. Please check your travel providers’ luggage restrictions before you travel.
6.6 Use of the Bike light and GPS tracker may require firmware updates from time to time. These firmware updates are mandatory and, if not completed, the Services will not be available or may be adversely affected. We will notify you in the App when a mandatory firmware update is required and provide you with any instructions on how to complete the update.
7 Administrators & Contacts
Please note, this clause only applies to the extent the Bike light and GPS tracker, App and Services allow for interaction and communication between multiple individuals. The Services and functionality available to you (including the ability for multiple Contacts to interact or communicate with the Bike light and GPS tracker, or vice versa) will only be those advertised at the point you purchase the Bike light and GPS tracker. As such, this clause may include information on functionality which is not yet available, but may become available at a later date. To the extent this functionality does not exist, or was not advertised as existing, at the point you purchased your Bike light and GPS tracker, we are under no obligation to launch this.
7.1 The Administrator may be able to invite Contacts to interact with the Bike light and GPS tracker and the App. The Administrator is responsible for inviting Contacts and setting the level of permissions they may have in the App. The Administrator is only able to add Contacts with a mobile phone number from the same country as the mobile number used by the Administrator.
7.2 Contacts must be at least sixteen (16) years of age, but in the event any Contact is under the age of 18 years:
7.2.1 The Contact must be the child (or under the guardianship) of the Administrator; or
7.2.2 The Administrator must have obtained the explicit permission of the parent or guardian of the Contact before inviting; and
7.2.3 The Administrator shall remain responsible for the actions and any non-compliance of the Contact under the terms of this agreement.
7.4 To accept an invite, Contacts will need to download the App and follow the instructions. If Contacts have already downloaded the App for a different product, they can use the same App and will be notified of any pending invitations.
7.5 Invites will expire after a certain period of time, after which an Administrator will need to re-invite a Contact.
7.6 Each Bike light and GPS tracker has a maximum number of Contacts who can interact with the device.
7.7 Permissions: At the point the Administrator invites Contacts to interact with the Bike light and GPS tracker, they are able to choose the precise permissions that Contact will have.
Important: The Administrator is solely responsible for ensuring the appropriate level of permissions for each Contact and understands that certain permissions will, amongst other things, enable a Contact to interact with the Bike light and GPS tracker or access some of the device Services.
8 Your responsibilities when using the Bike light and GPS tracker
8.1 You must keep to this agreement and our instructions when using the Services.
8.3 The Administrator is responsible for maintaining the Bike light and GPS tracker’s batteries and for completing any Bike light and GPS tracker firmware updates notified to you by us in the App. You acknowledge that the Services will not be available or may be adversely affected if the Bike light and GPS tracker has no battery or if you have not completed a firmware update.
8.4 You must not use the Bike light and GPS tracker or any of the Services for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment, or for criminal activities.
8.5 Notifications may be received by way of push notifications in the App, SMS to your phone or Interactive Voice Response notifications. You are responsible for monitoring the activity in your App and your phone. Other than where required by law, and unless we tell you otherwise, we are not monitoring notifications for the purposes of providing assistance, and will not know if a User requires assistance, or whether any alert is false or genuine.
8.6 You acknowledge that the Bike light and GPS tracker is not an emergency service. Will not contact the emergency services in relation to any alerts or events detected.
8.7 You must not sell all or any part of the Services and you must not: copy, frame or mirror any part of the App or Services; modify or attempt to modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of the Bike light and GPS tracker, App or Services in any way; test the vulnerability of our systems or breach any security or authentication measures; modify or attempt to modify the Bike light and GPS tracker in any way; or circumvent any technological measure implemented by us, our partners or any other third party to protect the Bike light and GPS tracker, App or Services.
8.8 You are responsible for contacting us if you identify a defect in the Bike light and GPS tracker or the App that prevents you from using the Services.
8.9 The Administrator is responsible for informing any User that we will not be able to provide the Services if the device has no battery power or no Subscription, and of the other limitations set out in this agreement.
9 Losing your mobile equipment
If the Bike light and GPS tracker or the mobile equipment on which you use the App is stolen, damaged, destroyed or lost, we do not have to give you any refund for any Subscription that you have paid for in advance to use the Services, or for the cost of the Bike light and GPS tracker or your mobile equipment. You should contact us immediately so that we can prevent further activity on your App account.
10.1 Subject to coverage, the Services are available when the Bike light and GPS tracker is located in the United Kingdom and may also be available in a number of other countries that we’ll make known to you. The list of countries supporting the Bike light and GPS tracker is subject to change. Please see the Vodafone Smart Tech Charges Guide or inclusive out of country use details. If you are planning on travelling or using the Bike light and GPS tracker abroad, please check the latest status of this list as it may be updated from time to time.
10.2 Even if you are able to connect to and use the Bike light and GPS tracker in countries that are not officially supported, this does not imply that all the Services will be available to you in such country or that the Services and the Bike light and GPS tracker will work as intended. We therefore recommend that you check the list of countries before you travel.
10.3 Please note that accessing and using the App on your mobile device requires an internet connection and so you may incur roaming costs depending upon your mobile tariff.
11 Suspension and ending the agreement
11.1 We can suspend, restrict or stop providing the Services (all or part of them) and/or your Vodafone Smart Tech account in the following circumstances:
11.1.1 If we believe your App, Bike light and GPS tracker or the Services are being used in a way that we do not allow under this agreement or in a way that is not allowed under the Smart SIM terms and conditions.
11.1.2 If we believe that your account or your mobile equipment or the Bike light and GPS tracker is or has been gained in an unauthorised, illegal, improper or fraudulent way.
11.1.3 If you owe us any money related to your Subscription and you do not pay this when it should have been paid and we are unable to charge you for the due amount.
11.1.4 If you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the Vodafone network.
11.1.5 If you tell us that your Bike light and GPS tracker has been lost or stolen.
11.1.6 If we are permanently unable to provide the Services to you.
11.1.7 If there is a change in applicable law, regulation or other binding rule that prevents us from providing you with any the Services. In these circumstances, we may also suspend your Vodafone Smart Tech account.
We will try and tell you when we suspend, restrict or end your Services, but we do not have to.
11.2 In addition to the cancellation rights listed right above, we may discontinue providing the Services at any time upon 30 days’ prior written notice to you. We will reimburse any payments we have received from you (proportionate to the period of your Subscription you have not used) as soon as reasonably possible.
11.3 You may stop using the Services at any time, but you will still be responsible for paying the Subscription unless terminated in accordance with the Smart SIM terms and conditions.
11.4 If we have to interrupt the Services for maintenance or due to a technical fault on our network, you may be entitled to a partial Subscription credit based on the number of days you are without our Services. To receive a partial credit of your Subscription, you must report to us a severe disruption which we will assess against your typical usage history.
11.5 If the Services are materially degraded for an unreasonable period of time you may be able to leave us and receive a refund of any future Subscription fees already paid. Contact us to discuss your options.
12.1 We may add new services to the Bike light and GPS tracker and make changes to, add, or withdraw any of the Services at any time.
12.2 Some new services may be made available to you as add-on options that can be purchased in addition to an ongoing Subscription (“Add-ons”).
12.3 We may also make further improvements to the App, Services and/or the Bike light and GPS tracker, and change or introduce new terms to this agreement at any time. If possible, we will give you reasonable notice of these changes. The changes will apply when we publish details of them in a way which we consider is reasonable, for example by sending a notification via the App or when you enter a new Subscription or purchase an Add-on.
12.4 We may change our charges or introduce new charges. If we increase our charges, we will give you at least 30 days’ notice in a way which we consider is reasonable, for example by sending a notification in the App. If we believe any change in our charges will not disadvantage you, we may include it without telling you. Any change to your Subscription will be governed by the Smart SIM terms and conditions.
12.5 By continuing to use the Bike light and GPS tracker, you agree to these changes. If you are not happy with any of these changes, you do not have to purchase any additional Subscription beyond your minimum term, or any Add-on, or use the Services.
13 Liability and Exclusions
13.1 We will not be liable to you for any loss of income or profit, loss of use of the Services, the App or the Bike Tracker and Light, lost business, loss of or damage to property, or missed opportunities or loss or damage which: (a) is not directly caused by us; (b) we did not reasonably expect at the time we entered into this agreement; or (c) are caused by your failure to comply with this agreement, the separate terms and conditions that apply to the Smart SIM or the App; or (d) are caused by your failure to comply with any reasonable instructions provided to you in the App.
13.2 We will not be liable to you if we cannot provide the App or the Services because of something outside of our reasonable control.
13.3 Unless our negligence causes death or personal injury, our liability to you, for each claim or a series of related claims, will not be more than the value of the hardware and the then current Subscription costs from the point when the liability arose or when the interruption to the Services occurred.
13.4 Except for any claim in relation to death or personal injury caused by our negligence, you have the sole right to bring a claim under this agreement.
13.5 The terms of this agreement will not affect any rights which you may have as a consumer under any law and which we cannot exclude by agreeing it with you.
14 Personal Information
15.1 We may transfer this agreement to anyone else at any time provided doing so does not adversely impact your rights under this agreement. If you want to transfer your agreement with us, you can if we agree. We will not unreasonably refuse the request. If we agree, we will treat you as having accepted this agreement and being responsible for any debt connected with it.
15.2 Except as stated in clause 13.4, this agreement is not intended to be for the benefit of, and will not be enforceable by any person other than the Administrator (on behalf of themselves, Contacts under the age of 18 and the User), Contacts over the age of 18 (where they have agreed to these terms and conditions for themselves), and us.
15.3 If you or we fail to enforce rights under this agreement, it will not prevent you or us from taking further action.
15.4 We will send you notices by post, voicemail, text, with the App or by email.
15.5 This agreement is governed by the laws of England and Wales. You or we may bring legal proceedings in a court in England or Wales to sort out a dispute under this agreement.
15.6 You can find additional information regarding the Bike light and GPS tracker and the App in the Bike light and GPS tracker FAQs.
15.7 Any problems using the Bike light and GPS tracker or the App should be reported to our support team who will endeavour to help resolve the issue – please contact us on 191 from your Vodafone phone or 0333 3040 191 (from UK landlines or other mobiles). Alternatively, you may contact us by using the App or https://v.vodafone.com/uk/contact. If we cannot fix your issue, you may:
• ask that the matter is referred to an independent ombudsman under our Customer Complaints Code available on our website or by contacting us; or
• if you have an issue with goods or services bought online you can refer to the EC Online Dispute Resolution website at http://ec.europa.eu/odr. Further information on this complaints process is available on our website
If you need to speak to us or have a complaint, please contact us:
From a Vodafone mobile: please call 191
From UK landlines or other mobiles:0333 3040 191 (from UK landlines or other mobiles).
Post: Vodafone House, The Connection, Newbury, Berkshire RG14 2FN; or
Vodafone Limited, The Connection, Newbury, Berkshire, RG14 2FN
Date: 20th January 2021