V-Multi Tracker Product Terms

Use of V-Multi Tracker with the Vodafone Smart App - Terms and Condition

PLEASE NOTE: These Terms and Conditions only apply to the extent the V-Multi Tracker by Vodafone (“V-Multi Tracker”) is controlled or managed through the Vodafone Smart App (also known as the V by Vodafone App) (the “App”). Any features of the V-Multi Tracker that cannot be controlled or managed through the App and terms and conditions relating to the V-Multi Tracker hardware, are not covered by these Terms and Conditions.

You will still be required to create a TrackiSafe account to use the V-Multi Tracker with the App. For use of all features of the V-Multi Tracker you will still need to download the TrackiSafe app and use this to manage and control all features, including those not available in the App.

These terms and conditions are in addition to TrackiSafe’s terms and conditions and privacy policy, which will also apply to your use of the device, features and functionality.

V-Multi Tracker is a subscription service which – through the combination of a tracking device, mobile app and network connectivity – helps locate the things you love. More details of the specific services available when using the App with the V-Multi Tracker are set out in section 3 below (the “Services”).

Use of the V-Multi Tracker with the App is offered to you by Vodafone Ltd (“We”, “our” or “us”) in accordance with these Terms and Conditions (“agreement”). In this agreement, “you” means the person paying the monthly subscription fee for the Services; although we understand that this may or may not be the person using the V-Multi Tracker with the App (the “User”). If you are not the User, you are responsible for ensuring that the User understands these terms and uses the V-Multi Tracker with the App in accordance with these terms.

1. Requirements for using V-Multi Tracker with the App

1. In order to use the V-Multi Tracker with the App you must:

1. purchase the V-Multi Tracker, available via the V by Vodafone web store (v.vodafone.com), through approved third party retailers and in store;

2. download the App, sign up with your Vodafone account or register, and activate your V-Multi Tracker;

3. register your V-Multi Tracker with TrackiSafe. This can be done within the App and will require you to create an account with TrackiSafe or log into an existing account (TrackiSafe T’s & C’s and privacy policy apply);

4. link your TrackiSafe account to the App and provide the App with the required permissions; and

5. purchase and activate a subscription to V-Multi Tracker (“Subscription”) via the App.

2. Please note that in addition to this agreement (which covers the control and management of V-Multi Tracker services when used with the App only), and the Vodafone Privacy Policy, separate terms and conditions apply to the Vodafone Smart SIM (also known as the V-Sim by Vodafone) (the “SIM”) used by your V-Multi Tracker, and the App.

3. Your purchase and use of the V-Multi Tracker may be subject to separate terms from your retailer and hardware terms included with the V-Multi Tracker - for example, in respect of hardware warranties and returns policies. In addition, for features and services of your V-Multi Tracker that cannot be controlled or managed through the App, you will need to download the TrackiSafe app, and your use of this app will also be subject to separate third party terms and conditions and privacy policy.

2.  Your Subscription

1. You must have a valid Subscription in order to use the V-Multi Tracker. Subscriptions are subject to the SIM terms and conditions, can be activated via the App and will start when you add your V-Multi Tracker to the App and provide valid payment details.

2. All charges relating to your Subscription will be shown to you in the App during the Subscription activation, and will be subject to your acceptance of the SIM terms and conditions. All other rights related to your Subscription, including your right to terminate, are as set out in the SIM terms and conditions.

3. Once you have linked your V-Multi Tracker to your TrackiSafe account and activated your Subscription, we will confirm if and when you’re able to control and/or manage specific features of your V-Multi Tracker through the App. For those features which cannot be controlled or managed through the App you will still need to download and use the TrackiSafe app.

4. If you do not want to link your TrackiSafe account to the App, but you still activate your Subscription, you will be charged this fee in accordance with the SIM terms and conditions. In order to control and manage your V-Multi Tracker, you will need to download and use the TrackiSafe app or you can choose to link your TrackiSafe account to the App to access the Services.

5. You can link up to twenty (20) V-Multi Trackers to the same App account, but you will only be able to use the Services with one (1) V-Multi Tracker at any one time. Each V-Multi Tracker will require a separate Subscription.

3.         V-Multi Tracker Services in the App (the “Services”)

1. Once you have linked your V-Multi Tracker to your TrackiSafe account in the App, you will be able to use the following Services:

1. Location: You will be able to see the location of your V-Multi Tracker in the App. Location is provided using a telematics unit installed in the tracker that receives Global Positioning System (“GPS”) satellite signals. The GPS accuracy of the location may be affected by external factors, as explained below in these terms.

2. Battery: You will be able to view the battery life of your V-Multi Tracker in the App. The battery life will update approximately every 15 minutes, and will be updated in the App when your V-Multi Tracker moves.

2. Other Features: We may add or remove services that can be used by your V-Multi Tracker in the App, at any time. We will tell you about any changes as far as reasonably possible (see section 9 (Variations) below).

4. Limitations of the Service

1. Not all features of the V-Multi Tracker may be managed, controlled or used in conjunction with the App. Unless we tell you other, only the Services can be managed or controlled through the App. Any features of the V-Multi Tracker that are not part of the Services can only be controlled or managed through third party apps, such as the TrackiSafe app.

2. We will provide the Services with reasonable skill and care. However, we do not guarantee that they will be fault free.

3. We aim to provide you with the Services at all times. However, you acknowledge and agree that:

1. we are reliant on TrackiSafe and the correct functioning of the V-Multi Tracker for all information that we provide to you in respect of the Services; and

2. the nature of the underlying mobile 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, faults, interruption, errors and inaccuracies in the information received from TrackiSafe, 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 of the App in a place inadequately covered by GPS or Vodafone’s GSM networks.

4. Use of the V-Multi Tracker with the App 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. To the extent any firmware updates are our responsibility, we will notify you in the App when a mandatory firmware update is required.

5. Any limitations to the Services set out in TrackiSafe’s terms and conditions will continue to apply to your use of the V-Multi Tracker.

5. Your responsibilities when using the V-Multi Tracker with the App

1. You must keep to this agreement and our instructions when using the Services with the App. You are responsible for anyone who uses the V-Multi Tracker with the App.

2. If you are not the User, you are responsible for ensuring that the User understands how to use the V-Multi Tracker with the App and is aware of the limitations of the Service as set out in this agreement.

3. You are responsible for maintaining the V-Multi Tracker battery and for completing any V-Multi 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 V-Multi Tracker has no battery or when you have not completed a firmware update.

4. You must not use your V-Multi Tracker with the App or any of the Services for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment or for criminal activities.

5. The Services are provided to you for your private and non-commercial use. You must not sell all or any part of the Services and you must not modify or attempt to modify the V-Multi Tracker or the App in any way.

6. You are responsible for contacting us if you identify a defect in the App that prevents you from using the Services.

7. You are responsible for informing any User that we will not be able to provide the Services if the device has no battery power, and of the other limitations set out in this Agreement.

6. Losing your mobile equipment

If 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 your mobile equipment. You must contact us immediately so that we can prevent further activity on your App account.

7.  Connectivity

1. Subject to coverage, the Services are available when the V-Multi Tracker is located in the British Isles and in a number of other countries. The list of countries supporting V-Multi Tracker is subject to change. Please see the Vodafone Smart Tech Charges Guide for inclusive out of country use details. If you are planning on travelling, please check the latest status of this list as it may be updated from time to time.

2. Even if you are able to connect to and use your V-Multi Tracker with the App 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 V-Multi Tracker will work as intended. We therefore recommend that you check the list of countries before you travel.

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.

8. Suspension and ending the agreement

1. We can suspend, restrict or stop providing the Services (all or part of them) and/or your Vodafone Smart account in the following circumstances:

1. If we believe your App, V-Multi 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 SIM terms and conditions or TrackiSafe’s terms and conditions.

2. If we believe that your account or your mobile equipment or your V-Multi Tracker is or has been gained in an unauthorised, illegal, improper or fraudulent way.

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.

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.

5. If we are permanently unable to provide the Services to you.

6. 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 account. We will try and tell you when we suspend, restrict or end your Services, but we do not have to.

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. Unless you are unable to access the TrackiSafe app (or any other appropriate third party app) to continue using your V-Multi Tracker by virtue of it being discontinued or unsupported, we will not reimburse any payments we have received from you. Otherwise, we will reimburse any payments (proportionate to the period of your Subscription you have not used) as soon as reasonably possible.

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 SIM terms and conditions.

4. If we have to interrupt the Services for maintenance or due to a technical fault on our network, you will not be entitled to a partial credit of your Subscription charges if you can still access the features of your V-Multi Tracker through the TrackiSafe app or any other appropriate third party app. If you cannot access the TrackiSafe or third party app, by virtue of it being discontinued or unsupported, you may be entitled to a partial 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.

9. Variations

1. We may add new services to App for use with your V-Multi Tracker and make changes to, add or withdraw any of the Services at any time.

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”).

3. We may also make further improvements to the App for use with your V-Multi Tracker and/or 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.

4. By continuing to use the App with your V-Multi Tracker, you agree to these changes. If you are not happy with any of these changes, you do not have to continue to purchase your Subscription or any Add-on, or use the Services.

10.  Liability and Exclusions

1. We will not be liable to you for any loss of income or profit, loss of use of the Services, lost business, damage to property, or missed opportunities or loss or damage that: (a) is not directly caused by us: (b) which we did not reasonably expect at the time we entered into this agreement: (c) that are caused by your failure to comply with this agreement, the separate terms and conditions that apply to the SIM or the App: (d) that are caused by your failure to comply with separate terms and conditions provided by TrackiSafe relating to the use of their app or the V-Multi Tracker; or (e) any reasonable instructions provided to you in the App.

2. We will not be liable to you if we cannot provide the Services because of something outside of our reasonable control.

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 the then current Subscription cost from the point when the liability arose or when the interruption to the Services occurred.

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.

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.

11.  Personal Information

We will collect, use, store or share your information to provide you with the Services in accordance with our Privacy Policy.

12.  General

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.

2. Except as stated in section 10.4, this agreement is not intended to be for the benefit of, and will not be enforceable by, any person other than you (as the person paying the monthly subscription fee for the Services) and us.

3. If you or we fail to enforce rights under this agreement, it will not prevent you or us from taking further action.

4. We will send you notices by post, voicemail, text, with the App or by email.

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.

6. You can find additional information regarding V-Multi Tracker, and use of the V-Multi Tracker with the App in the V-Multi Tracker FAQs.

7. Any problems using the V-Multi Tracker with 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 V by Vodafone App or v.vodafone.com. 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 https://ec.europa.eu/odr. Further information on this complaints process is available on our website at www.vodafone.co.uk/complaints

Contact us

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
Website: www.vodafone.co.uk/complaints

Vodafone Limited, The Connection, Newbury, Berkshire, RG14 2FN

Updated: November 2020