Terms And Conditions

These Terms and Conditions were last updated on 07 October 2019

Please read these terms and conditions carefully before accessing and/or ordering any goods or services from the Website. If you access the TrackRTalk website, and/or place an order for goods or services, you agree to be bound by these Terms and Conditions. The website www.TrackRTalk.com is operated by Twisted Wrist Limited, an Irish company (reg no.583531). “TrackRTalk” is a registered business name of Twisted Wrist Limited.
These Terms and Conditions constitute a legally binding agreement (the “Agreement”) between TrackRTalk and you.
You should print or save a copy of these terms and conditions for future reference.
If you have any questions about the website, please contact customer services at [email protected]

PLEASE NOTE: We currently only accept orders from the Republic of Ireland.

General Terms

We and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.

TrackRTalk WEBSITE – TERMS AND CONDITIONS
The following are the Terms and Conditions for use of TrackRTalk website or any Internet site to which the website is linked (“the website”). This website is for use by persons who are 18 years and over only.

WEBSITE: USE AND SECURITY
You are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use or any other breach of security.

WEBSITE: PRIVACY & DATA USE
We do not hold any personal data at our offices. Instead, personal data is stored on a remote secure server and is only used to provide the service. If you have any questions concerning website privacy and data use, we suggest that you contact us directly at [email protected] .

WEBSITE: CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings and other specifications provided on the website are the exclusive property of TrackRTalk. Any copying, transmission or re-transmission of the same requires the prior written approval of TrackRTalk.

WEBSITE: ADVERTISING
We reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused therefrom.

ACCORDANCE WITH SPECIFICATION
All descriptive matter, drawings, pictures, colours, specifications and advertising on the website are for the sole purpose of giving an approximate description of the products, and may not be exactly the size, colour or model of the product and are merely for purposes of display only.

DISCLAIMER OF WARRANTIES
The information contained in the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €100.

PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you on the Website by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

MODIFICATION OF TERMS
We reserve the right to change the terms of use or policies regarding the use of the website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

GENERAL
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force-majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance. We acknowledge we have a legal duty to supply goods that are in conformity with a contract.

LAWS
The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

TERMINATION OF THE WEBSITE
We may terminate the TrackRTalk Website with or without cause at any time and effective immediately.
TrackRTalk is registered business name of Twisted Wrist Limited.
Twisted Wrist Ltd, West Building, Carrigaline Industrial Park, Carrigaline, Co.Cork, P43 HK76, Ireland
Incorporated in Ireland, a private company with issued shares. Registration Number 583531

THE SERVICE

TrackRTalk is a location & communications service for parents/guardians to help track, locate and connect with their children.
Your access and use of the TrackRTalk service is subject to (1) these Terms and Conditions, (2) your agreements with third parties, such as your app store/platform or mobile device provider and (3) all applicable laws, rules and regulations. By accessing or using any part of the TrackRTalk Service, you acknowledge that you accept these terms and conditions. If you do not agree with all these terms, you may not use any portion of the TrackRTalk service.
TrackRTalk reserves the right to refuse to accept any Customer application.
TrackRTalk may vary or change the Agreement or any part of the Services for any commercial, technical or operational reason and any important changes will be notified to you in advance.
These terms apply to the Services which TrackRTalk has agreed to provide you at the time of entering into this Agreement and will continue to provide over the duration of the Agreement. These Terms can only be changed by TrackRTalk giving you 30-days’ notice. In the event of any such change, you will have the option to terminate the Agreement without penalty during that 30-day notice period, subject to payment by you of all Charges due to date. Your continued use of the Service after this 30-day notice period has expired represents your acceptance of any changes.

TERM
This Agreement is for the Minimum Term as described in the plan you purchased, during the Minimum Term you are “in-contract”. This Agreement will commence when you complete your order on line, and you will be billed monthly on the same day each month for so long as you remain a subscriber. For clarity sake the first day of your subscription plan will begin the day that make your order on the TrackRTalk website. At the end of the Minimum Term, your Agreement will continue to run on a month to month basis, unless you, the Customer, provide notice of your desire to terminate this agreement. After the Minimum Term you may terminate the Agreement at any time upon the provision of 30 days’ notice by contacting our customer care team at [email protected].

Please note that Customers who terminate their agreement before paying six months of the TrackRTalk Service are required to return the given watch and SIM card to the address given in the contact page of this website.

All billing cycles are for a full month paid in advance from the date of sign up, and there is no partial or prorated billing. For the sake of clarity, if you sign up on 14th July you will be charged in advance for the following month, and your next billing event will occur on 14th August, and so on.
After the Termination of the Agreement with TrackRTalk, the TrackRTalk Service will no longer work, and you will cease to be a customer of TrackRTalk.

EARLY TERMINATION
If, for any reason, you need to terminate your TrackRTalk plan prior to paying six month of the TrackRTalk Service, we require the given watch and SIM card to be sent back to us in working order.  You may find our address on the contact us page. The watch and SIM card are given free ONLY as part of our service and we need to honour our commitments to 3rd party SIM providers which it has undertaken on your behalf in order to provide the TrackRTalk Service to you.

WHO IS OUR CUSTOMER ?
Our customer is the individual who has registered for the TrackRTalk Service and is fully paid up to date on their subscription plan. We are under no obligation to respond to requests, inquires, demands or communications from any party (such as another person claiming to be a family member) other than our customer.
This Agreement is personal to you. You may not transfer this Agreement without TrackRTalk’s written consent. We may freely transfer existing and/or future debts due to us without notice.
After the Termination of the Agreement with TrackRTalk, the TrackRTalk Service will no longer work, and you will cease to be a customer of TrackRTalk.

TRANSFER OF OWNERSHIP
Transfer of ownership is not permitted within the TrackRTalk Service for Child Data Protection and Security reasons.

LIMITATION OF USAGE
TrackRTalk’s Equipment (including Mobile Device and SIM card) may only be used on the TrackRTalk Service and may not be used in conjunction with any other mobile device or SIM card. If you breech this clause, then we reserve the right to block your SIM and devices, and you will still be charged your monthly rental, you may also be liable for charges in excess of your monthly plan.

TrackRTalk Service Overview

The TrackRTalk website, Mobile Application (the “TrackRTalk App”), the Wearable Mobile Device and the associated embedded SIM card, collectively the “TrackRTalk Service” are provided by TrackRTalk. The Wearable Mobile Device can be configured, monitored and contacted through the TrackRTalk App.
Please read the User Manual www.TrackRTalk.com/user-guides for more information. You may not resell use of, or access to, the TrackRTalk Service to any third party. You may not use the TrackRTalk Service for any commercial purpose without the prior written consent of TrackRTalk.

Consent for the Child
The Wearable Mobile Device is intended to be worn and used by a child. By providing the Wearable Mobile Device to a child, you represent and warrant to TrackRTalk that you are authorized by such child’s parent or guardian to enable and permit TrackRTalk to operate the TrackRTalk Service and collect and use the information from the Wearable Mobile Device used by the child as stated in these Terms and Conditions and the Privacy Policy www.TrackRTalk.com/Privacy-Policy .

Subscription Plans
The Wearable Mobile Device will only operate if you have entered into one of our subscription plans, and you are a current and fully paid up member of one of our plans. To view our plans please click here www.TrackRTalk.com/plans

All plans have enough data included for the normal usage of the Geo Go GPS tracking watch, and roaming across europe. Out of bundle charges may apply for usage outside allowance.

Network Infrastructure

TrackRTalk has no Mobile Network Infrastructure of its own, it acquires the network services from Network Infrastructure Suppliers (for example, a Mobile Network Operator) directly or indirectly with the help of carefully chosen partners, domestically and abroad (hereinafter: Network Infrastructure Provider).
The selection of Network Infrastructure Providers including the change of the Network Infrastructure Provider during the contract period is at the discretion of TrackRTalk.
If a network infrastructure provider considers a part of the coverage area to be unsuitable, TrackRTalk is entitled to change or reduce the coverage area accordingly.
Regardless of the right of termination caused by such change or reduction of the coverage area, such change or reduction of the coverage area shall not give rise to claims by the customer.
Our services are geographically limited to the reception and transmission of the network operated by Network Infrastructure Providers. While we and our partners constantly aim to select the strongest network available in each country within our framework of agreements with Network Infrastructure Provider, the Customer accepts that the TrackRTalk Services are subject to the current state of technology with its limitations, including geographical limitations, and hence that the TrackRTalk Services may not be available everywhere at all times. Consequently, the TrackRTalk Services are subject to restrictions caused by technical circumstances not within their control. Any claims by Customer, including but not limited to damages and recourse caused by the lack of a complete nationwide network availability are therefore excluded.

International Phone Number
The TrackRTalk Service comes with an embedded SIM. This SIM has an international phone number. This allow the TrackRTalk service to offer the broadest network coverage for your Wearable Mobile Device, as it allows the device to pick up any Network Operator that has a signal in the vicinity of the Wearable Mobile Device. This means that the service is not limited to the coverage of any one Mobile Network Operator and instead provides coverage across all the operators combined.

Location Device / Emergency
The TrackRTalk Service is intended for use as a location device. However, THE TRACKRTALK SERVICE IS NOT A FAILSAFE SECURITY SYSTEM, AND IS NOT A SUBSTITUTE FOR MINDING YOUR CHILDREN. Therefore, proper safety precautions should always be used with children, despite the use of the TrackRTalk Service.

Not Emergency Compatible
The TrackRTalk service and Wearable Mobile Device should not be used with 112 or 999 or similar emergency telephone number systems. Therefore, provided the customer has signed up to a plan that includes phone calls, emergency calls from the TrackRTalk Device should only go to a designated recipient (such as a parent or guardian), and should not be used to contact emergency services directly.

Not Compatible with Accessibility Features
The TrackRTalk Wearable Mobile Device is not designed to be compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those with certain disabilities.

Privacy
The TrackRTalk Wearable Mobile Device is constantly collecting and transmitting data to the TrackRTalk platform, such as location data. Such data collection and use are critical to the successful operation of the TrackRTalk Service. To learn more about our data collection and use practices, please read our Privacy Policy www.TrackRTalk.com/Privacy-Policy .

Limited Warranty for the Device
TrackRTalk provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for 12 months from the original date of joining a TrackRTalk subscription plan. Where no purchase price is paid for the watch (eg. watch is included in one of our FREE watch plans), this Warranty is only provided while you remain a fully paid up subscriber to one of our plans; for the sake of clarify if you have not paid for a watch and are not currently a fully paid up subscriber to one of our plans, then no Warranty is provided.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY BY COUNTRY OR PROVINCE. TrackRTalk DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER LEGAL RIGHTS YOU MAY HAVE UNDER THE LAWS OF YOUR COUNTRY OR PROVINCE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY OR PROVINCE.
Products are warranted to be free from defects in materials or workmanship for one year from the date of joining the subscription. Within this period, TrackRTalk will, at its sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer shall be responsible for any transportation cost. This Limited Warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not a TrackRTalk employee; (v) damage to a product that has been modified or altered without the written permission of TrackRTalk, or (vi) damage to a product that has been connected to power and/or data cables that are not supplied by TrackRTalk. In addition, TrackRTalk reserves the right to refuse warranty claims against products or services that are obtained and/or used in contravention of the laws of any country. TrackRTalk products are intended to be used only as an aid and must not be used for any purpose requiring precise measurement of direction, distance, location or topography. TrackRTalk makes no warranty as to the accuracy or completeness of map data.
This Limited Warranty also does not apply to, and TrackRTalk is not responsible for, any degradation in the performance of any TrackRTalk product resulting from its use in proximity to any handset or other device that utilizes a terrestrial broadband network operating on frequencies that are close to the frequencies used by any Global Navigation Satellite System (GNSS) such as the Global Positioning Service (GPS). Use of such devices may impair reception of GNSS signals.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES CONTAINED IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF, AND TrackRTalk EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND REMEDIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY REMEDY OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY. IF IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR STATE OR COUNTRY, THEN SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME COUNTRIES AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL TrackRTalk BE LIABLE IN A CLAIM FOR BREACH OF WARRANTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE MISUSE OR INABILITY TO USE THIS PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME COUNTRIES AND PROVINCES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If during the warranty period you submit a claim for warranty service in accordance with this Limited Warranty, then TrackRTalk will, at its option: (i) repair the device using new parts or previously used parts that satisfy TrackRTalk’s quality standards, (ii) replace the device with a new device or a refurbished device that meets TrackRTalk’s quality standards, or (iii) cancel your subscription so you will incur no further costs. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. Repaired or replaced devices have a 90-day warranty. If the unit sent in is still under its original warranty, then the new warranty is 90-days or to the end of the original 1-year warranty, whichever is longer.
If your device is still not functioning properly please contact a customer care representative via www.TrackRTalk.com/contact.

TrackRTalk App License
In order to use the TrackRTalk Service, you will need to download and install the TrackRTalk App. TrackRTalk hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the TrackRTalk App solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the TrackRTalk App on such devices you are using. You may not transfer this license to another party unless that party affirmatively accepts these Terms and Conditions. You may not use the TrackRTalk Service for any purpose that is illegal or potentially harmful to another party, including TrackRTalk.

TrackRTalk App Updates
TrackRTalk may change, update or otherwise modify the TrackRTalk App or the software on the TrackRTalk Device at any time. If we do so, you may have to download a new version in order to continue using the TrackRTalk Service. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the TrackRTalk App or the TrackRTalk Device.

Registration and Passwords
In order to use the TrackRTalk Service, you must register with an email address on our website at www.TrackRTalk.com and sign up to one of our subscription plans. You will be issued a password (which you should change upon your first login) and can use these credentials to manage your account via the www.TrackRTalk.com website. After signing up you will be sent a Wearable Mobile Device and your login credentials to the TrackRTalk App. For security reasons you must change your password for the App. All information about you must be truthful, and you may not use any aliases or other means to mask your identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should change your password and/or contact TrackRTalk immediately or via email to [email protected].

Termination of Access
In addition to any right or remedy that may be available to us under these TrackRTalk Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the TrackRTalk Service, at any time with or without notice to you in the event (1) you have breached these Terms and Conditions, (2) such action is necessary to prevent harm to any party or liability to TrackRTalk or (3) abuse of the SIM plans provided under the subscription plan (4) it becomes commercially unviable to continue providing the TrackRTalk service to you. You may be liable for an Exit Fee.

Communications with TrackRTalk
Any communication or material you transmit to us by electronic mail, social media or otherwise, including any data, questions, comments, suggestions, or similar is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit, or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Proprietary Rights
We are the exclusive owner or authorized licensors of the TrackRTalk Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the TrackRTalk Service is the exclusive property of TrackRTalk, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. No part of the TrackRTalk Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the TrackRTalk Service, without the prior written consent of TrackRTalk. All rights not granted under these Terms and Conditions are reserved by TrackRTalk.

Disclaimer of Additional Warranties

Disclaimer of Additional Warranties
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR THE DEVICE”, ALL PARTS OF THE TrackRTalk SERVICE ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TrackRTalk SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE TrackRTalk SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.
TrackRTalk DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE TrackRTalk SERVICE, SUCH AS THE MOBILE NETWORK OPERATOR, APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some territories may prohibit the limitation of warranties as set forth herein. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of (1) the amount paid by you to purchase the TrackRTalk Wearable Mobile Device from our website or (2) One Hundred Euro (€100).
Your sole remedies, and TrackRTalk’s sole obligations, are as set forth under the section entitled “Limited Warranty for the Device”, is for you to stop using the TrackRTalk Service or the Euro limitation set forth above.

Changes
We may change, suspend or terminate the TrackRTalk Service at any time without notice. In addition, these TrackRTalk Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the TrackRTalk site located at www.TrackRTalk.com/Terms-and-Conditions or otherwise informing you of such changes. You should check for such changes frequently. Your continued access of the TrackRTalk Service after such changes conclusively demonstrates your acceptance of those changes.

Indemnification
You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including solicitor fees and costs, arising from, or related to (1) any breach by you of these Terms And Conditions, (2) your use of the TrackRTalk Service or (3) a violation by you of any applicable law, agreement or obligation to a third party.

Governing Law
The laws of the Ireland shall govern these Terms and Conditions and, subject to the arbitration section below. Any dispute or difference of any kind between the parties in connection with or arising out of this Agreement shall be resolved by negotiation between the parties carried out in good faith. Any such dispute must be raised by notice in writing to TrackRTalk within 30 days of said issue arising. Any such dispute or difference which is not so resolved within thirty (30) days of the date on which notice of the dispute or difference is given hereunder shall, upon the request of either party, be referred to and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce by a sole arbitrator appointed in accordance with the said Rules. Arbitration proceedings shall be conducted in Dublin, Ireland, unless the parties agree otherwise and the language to be used in the arbitral proceedings shall be English. The arbitrator shall be a practising lawyer of not less than ten years’ standing who, unless the parties agree otherwise, shall be selected according to the nomination of the then President of the Law Society of Ireland following the written request of either party. Fees, costs and expenses of any such arbitrator, arbitration and of the parties in connection therewith shall be apportioned equitably between the parties as such arbitrator may direct. Notwithstanding the arbitration section below, TrackRTalk may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to TrackRTalk.

Severability
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Third Parties
Platform providers, such as Apple®, Google® and other third-party operators, platform or software providers and device manufacturers (“Platform Providers”) are not parties to these Terms and Conditions. To the maximum extent permitted by applicable law, Platform Providers will have no warranty obligation whatsoever with respect to the TrackRTalk Service.

Contact Information
Should you have any questions regarding these Terms and Conditions, to report a violation of these Terms and Conditions or abuse of the TrackRTalk Service, to receive help in relation to the TrackRTalk Service or for any other matter, you may contact us at: www.TrackRTalk.com/contact or [email protected] or +353 21 206 1851 or Twisted Wristed Limited, TrackRTalk Services, West building, Carrigaline Industrial Park, Carrigaline, Co.Cork, Ireland

The Shopping Experience

How to order

1. Select the goods you require from the Website and click ‘Add to bag’
2. Choose the quantity of goods you wish to purchase from TrackRTalk.
3. Review your bag making sure all specifications such as Subscription Plan (See our Plans www.TrackRTalk.com/Plans ) and colour, fit your requirements, then click “Secure Checkout”;
4. If you are a new user you will need to enter an email address and you will be issued a password. You must keep your username and password confidential as they allow access to your account on the TrackRTalk website. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address), delivery address and Mobile phone number;
5. Once you have set up an account, you will be directed to the (shipping confirmation / delivery options) page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses.
6. You will then proceed to the secure payment page where you may select the payment type and complete your order. Your payment will be collected from you by Twisted Wrist Limited (TrackRTalk is a brand of Twisted Wrist Limited). Following submission of your order you will be sent an automated order acknowledgement to the email address provided.
By placing an order through the Website, you warrant that you are legally capable of entering into binding contracts.

What happens after you have ordered

Once you’ve submitted an order, you’ll be given an Order Number and details of the products you have ordered. You’ll then receive an email from TrackRTalk with the subject ‘Thank you for your purchase (#ORDER_NUMBER)’ confirming the details of your order. Your order will then go to our warehouse team and will be prepared, packaged and is normally dispatched within 1 working day, this will be followed by a Dispatch Notification email. Estimated delivery time, and a tracking number will be detailed with our Dispatch Notification email. If we must cancel all or part of your order for any reason, we will contact you via the email address or phone number you provided at the time of ordering.

Returns, Cancellations & Faulty Goods

How do I return a product after delivery?
If for whatever reason you change your mind and would like to return your order after delivery, we’re happy to refund or exchange your purchase as long as it’s unused, and in its original packaging. This option is available for 14 days after delivery (known as the cooling offer period).
The cost of returning the goods to us is at your own expense.
Click here to view applicable Postal Rates

Following the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, we will accept items back even if you have opened the goods to inspect them. You are entitled to a refund as long as you inform us of your decision to cancel within 14 calendar days from the day after delivery of the goods. The goods must be in an ‘as new’ condition and returned in the original, undamaged packaging, along with any accessories and free gifts received with them. You can examine the goods as you would in a shop, but you must not have used or installed them or input any data on them. Whilst the goods are in your possession you must take reasonable care of them or it may affect your entitlement to a refund.
When returning opened products back to us, you should do so without undue delay and in any event not later than 14 days from the day on which you communicate to us your decision to cancel.

We’ll refund all payments received from you (less any applicable diminished value or service charges) for the products or service you’re cancelling, together with the delivery charge (unless the delivery charge was a priority or express delivery cost), to you without undue delay and in all cases in accordance with our statutory obligations. We will carry out the refund using the same means of payment as you used for the initial transaction, unless you have agreed otherwise

Here is how to refund your purchase
You must first email us at [email protected], quoting your order number and informing us of your decision to cancel. You can then make arrangements for the return of the product.

Once we have received the goods back from you, we will give you a refund for the cost of the product. We may make a deduction from the refund for any loss in value of the goods if the loss is a result of any unnecessary handling by you.

Refunds take 3-5 working days to be credited to your payment card or PayPal account.

We cannot refund/cancel your purchase:
• If the goods are damaged in any way, and are not fit for resale
• If the TrackRTalk app is installed and you login to the app

How do I cancel an order before delivery?
Should you wish to cancel your order before delivery please email us at [email protected] and we will arrange.

What happens if my product arrives damaged?
Although we take every care to ensure your product arrives to you in pristine condition on rare occasions a product may get damaged in transit. If you do receive a damaged product, please contact us within 48 hours by emailing [email protected] and after a consultation with one of our customer support agents you will need to return the faulty good to our office with your order number and details of the fault, and if appropriate we will either issue a refund or send a replacement product.

We do ask that you:
• Do not use the product for your own safety
• Inform us straight away

What happens if my item is faulty?
Should you suspect a fault with your product please make sure to check out the manual provided on our webpage www.TrackRTalk.com/user-guides as it may be a common fault that can be easily resolved or our Frequently Asked Questions section at www.TrackRTalk.com/FAQ . Should you not be able to resolve the problem using the manual of FAQ, then please email us on [email protected] and we’ll do our best to help.

For all products, should the fault occur within 21 days from the date of delivery, upon the return of the faulty product to our offices we will repair, exchange or refund you.

For the sake of clarify, a fault does not include normal wear and tear, or misuse of the product. For example (water damage, broken strap, cracked screen, battery damage, opened/modified or tampered). In these cases, we cannot offer a repair exchange or refund, however, please feel free to contact us as we may be able to assist you or offer a discount on another purchase.

Please note that we may ask to inspect the goods to confirm the fault or ask you to carry out a telephone diagnostic to make sure it is not a problem that can be resolved quickly.

None of the above shall affect your statutory rights as a consumer.

Returns address
We advise that you send items back via registered post. The return address is:

Twisted Wrist Limited
TrackRTalk Services
West Building
Carrigaline Industrial Park
Carrigaline
Co. Cork
P43 HK76
Ireland

Prices & Payment

All prices are in Euro. The total cost of your order will be, the price of the products you order plus the delivery charge (if any). Please note that the TrackRTalk service is a subscription service, and will have recurring monthly billing cycle, and a Minimum Term dependent on purchased plan . You’ll see all these in your Shopping Basket before you submit an order. Payment is deducted once an order is submitted, and each month thereafter on the same day of the month. You can pay by using the following methods:
• MasterCard
• Visa
• PayPal

We only accept Irish registered cards and don’t accept cheques or cash for online orders.

What information do we collect?

The information we collect may include:
• email address
• name
• Mobile Phone number (for delivery)
• postal & billing address
• your purchase history & payment information
Click to view our privacy policy www.TrackRTalk.com/Privacy-Policy

The details we collect help us:
• process your order and provide after-sales service
• carry out security checks
• improve our overall service

We may also use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use our site and issuing our emails for us.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information.

Email and Text alerts and App notifications may be sent to the email address(es) and mobile number(s) you provided at purchase. Anyone with access to your email or mobile phone will be able to view the content of these alerts.
We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert or for any actions taken or not taken by you or any third party in reliance on an alert. No warranty is given that the website and App shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
Your email address(es) may be added to our newsletter subscribers list automatically when you register your account. You can unsubscribe from our newsletter at any time by clicking the “unsubscribe” link at the bottom of any TrackRTalk newsletter.
By providing us with your e-mail address(es) and mobile phones numbers, you agree to receive all required notices electronically, to that e-mail address and or mobile phone numbers.

Liability disclaimer

The information, software, products, and services included in or available through the TrackRTalk web site may include inaccuracies or typographical errors. TrackRTalk and/or its suppliers may make improvements and/or changes in the TrackRTalk web site at any time. TrackRTalk and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the TrackRTalk web site for any purpose. Advice received via the TrackRTalk web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. TrackRTalk and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. In relation to the TrackRTalk App, TrackRTalk accept no responsibility for the suitability, reliability, availability, timeliness, and accuracy of the information provided by the software application, and for the changes or updates that are periodically implemented, and it should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. To the maximum extent permitted by applicable law, in no event shall TrackRTalk and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of TrackRTalk web site or related service. If you are dissatisfied with any portion of the TrackRTalk web site and or associated Mobile app service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the TrackRTalk web site and, if applicable, the associated Mobile Application.

In relation to the Kid tracker watch, and associated application, there is a dependency on the Mobile Operator Coverage. The coverage provided by the local Network Operator both for the Watch and for your own Smartphone may impact the quality of the information provided by the TrackRTalk App, and its ability to locate the paired watch. There may be areas where you do not have access to all services or where coverage is limited or unavailable. When the watch is indoors the App will show the last known GPS location, the App cannot show an accurate GPS location when it cannot pick up a GPS satellite, and will instead show the last know GPS location. The watch attempts to gather a GPS location at a time interval “Update Interval” which is configurable via the app, and settings vary from 1 minute up to 1 hour, if the watch is indoors at the time that the watch attempts to locate its position via satellite then no new GPS location will be acquired, and as such no new GPS location will be displayed on the App history . No warranty is given that the services shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

Accuracy of Activity Tracking feature on certain devices
The activity tracking features provided by TrackRTalk are intended to be tools to provide you with information to encourage a healthy and active lifestyle. Our activity trackers rely on sensors that track your movement and other metrics. The data and information provided by these devices is intended to be a close estimation of your activity and metrics tracked, but may not be completely accurate, including step data. Our activity trackers are not medical devices, and the data provided by them is not intended to be utilised for medical purposes. You should consult your doctor before engaging in any exercise routine.

WEEE regulations
The Waste Electrical and Electronic Equipment (WEEE) Directive aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The Directive also means that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
Goods are marked with the crossed out wheeled bin symbol to show that they were produced after 13 August 2005 and should be disposed of separately from normal household waste so that they can be recycled.
Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites.
Twisted Wrist Limited is obliged under this Directive to offer its customers free take-back of their WEEE on a like-for-like basis when you buy from Twisted Wrist Limited a new Electrical or Electronic product.
For example, if a customer bought a new TrackRTalk service which includes a Kids Tracker watch from TrackRTalk, Twisted Wrist Limited would accept their old Kids Tracker watch and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to Twisted Wrist Limited within 28 days of purchasing their new item.
Twisted Wrist Limited’s WEEE registration number is: TWI634