In this privacy policy references to “we”, “us” and “our” are to Vehcam Ltd, References to “our Website” or “the Website” are to www.vehcam.com

The information we collect and how:

The information we collect via the Website may include:

Any personal details you knowingly provide us with through forms and our email, such as name, address, telephone number etc.

In order to effectively process credit or debit card transactions it may be necessary for the bank or card processing agency to verify your personal details for authorisation outside the European Economic Area (EEA).

Such information will not be transferred out of the EEA for any other purpose.

Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).

Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the Website.

This information is used to monitor your usage of the Website.

Data recorded by the Website which allows us to recognise you and your preferred settings, this saves you from re-entering information on return visits to the site.

Such data is recorded locally on your computer through the use of cookies.

Most browsers can be programmed to reject, or warn you before downloading cookies, information regarding this may be found in your browsers ‘help’ facility.

What we do with your information:

Any personal information we collect from this website will be used in accordance with the Data Protection Act 1998 and other applicable laws.

The details we collect will be used:

To process your order, to provide after sales service (we may pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service);

In certain cases we may use your email address to send you information on our other products and services. In such a case you will be offered the option to opt in/out before completing your purchase.

We may need to pass the information we collect to other companies for administrative purposes.

We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our e-mails for us.

Third parties will not be allowed to use your personal information for their own purposes.

Your Rights:

You have the right to request a copy of any information that we currently hold about you.

In order to receive such information please send your contact details including address and payment of £10 to cover administration expenses to the following address:

Mrs Julie Hill

Vehcam Ltd

62 Scholes Lane

Thatto Heath

WA9 5NZ

Other Websites

This privacy policy covers this website and our landing pages on leadpages.

We do not store credit card details nor do we share customer details with any 3rd parties.

We use the following cookies:

Google Analytics – We do this to help make sure the site is meeting the needs of its users and to help us make improvements.

Google AdWords Remarketing – We use Google Adwords re-marketing tracking cookies.

This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN), if you visit our site.

As always we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing system.

You can opt out of this use of cookies by visiting Google’s Ad Settings.

Facebook Retargeting – We use Facebook’s retargeting tracking cookies.

This means we will continue to show ads to you on Facebook, if you visit our site.

As always we respect your privacy and are not collecting any identifiable information through the use of Facebook’s or any other 3rd party remarketing system.

You can opt out of this use of cookies by visiting Facebook’s Ad Settings.

1. DEFINITIONS In this document the following words shall have the following meanings:
Agreement means these Terms and Conditions together with the terms of any applicable Development Proposal and Quotation Documents
Customer means the organisation or person who purchases services from Vehcam Ltd
Intellectual Property Rights means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable
Development Proposal and Quotation Documents means a statement of work, quotation or other similar document describing the services to be provided by Vehcam Ltd
Supplier means Vehcam Ltd, 62 Scholes Lane, Thatto Heath, WA9 5NZ
Authorised Users mean your employees, agents and independent contractors who you authorise to use the Services.
Content means software, data, documents, text, video, audio or other content.
Digital Marketplace means the Vehcam Ltd mobile app and platform.
Charges means the charges payable by the Customer for the supply of the Goods and/or Services by the Supplier, as set out in the Agreement details or Purchase Order form or quotation
Free Trial means your ability to access our Services from the date that the free trial is set up, for a fixed duration and value, as described on the applicable Service Definition.
Service Definitions means the service provided during the trial period being the use of the Vehcam Ltd mobile app and platform for up to 5 vehicles and 5 drivers for a 30 consecutive day period free of charge.
Services or Service means the services requested by you for the trial period of 30 consecutive days, the Digital Marketplace, and the applicable Service Definitions.
e-FNOL means electronic First Notification of Loss which is the registering of incidents or occurrences via the mobile app or platform.

2 GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of services by Vehcam Ltd to the Customer.

2.2 Before the commencement of the services Vehcam Ltd shall submit to the Customer a Development Proposal and Quotation Documents which shall specify the services to be performed and the fees payable. The Customer shall notify Vehcam Ltd immediately if the Customer does not agree with the contents of the Development Proposal and Quotation Documents. All Development Proposal and Quotation Documents shall be subject to these Terms and Conditions.

2.3 Vehcam Ltd shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.

3. PROMOTIONAL OFFERS

Periodically Vehcam Ltd may offer a free trial of a new or upgraded product or service. This promotional offer may be offered to our existing and new clients. During the free trial Vehcam Ltd will observe the following:

3.1 We grant you a non-exclusive, non-transferrable, revocable licence during the term of the free trial detailed within this Agreement to:

   (a) Access and use the Services you’ve been granted solely in accordance with this Agreement; and

   (b) Copy and use our Content solely to the extent reasonably required for your permitted use of the Services.

3.2 You may participate in the free trial for the duration described in the Service Definition from the date that Service is made available to you by us. The free trial will terminate when the duration of the free trial has been reached being 30 days from the commencement of the trial. Unused consumption of either the trial or the term of the free trial cannot be rolled forward to any other agreement, without our express agreement.

3.3 Service Credits do not apply to free trials, and any issues will be communicated by us to you using reasonable endeavours.

3.4 You will be responsible for any Third-Party Licence costs which are not included in the applicable Service Definition.

3.5 You will comply with all laws, rules, and regulations applicable to your use of the Services, including those specified in the Service Definitions and in the Systems Interconnect Security Policy.

3.6 You shall own all rights, title and interest in and to all of your content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your content.

3.7 We shall not be responsible for backing up your content unless this is either a feature included as part of the Service or where it is not, you have explicitly identified this as a requirement and this having been accepted. Where backup is chosen, we shall follow our backup procedures for your content as set out in such Service Definition.

3.8 Where we process any personal data on your behalf when performing our obligations under this Agreement, you shall be the data controller and we shall be a data processor and:

   (a) You shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer such personal data in accordance with this Agreement on your behalf;

   (b) You shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;

   (c) We shall process the personal data only in accordance with the terms of this Agreement, the DPA, and any lawful instructions given by you from time to time.

3.9 We may collect, store and use your personal data for the following purposes:

   a) To provide you with services that you request and to fulfil our contractual obligations to you; and

   b) To provide information about our services.

3.10 In relation to the Authorised Users, you undertake that each Authorised User shall keep a strong and secure password for their use of the Services, which shall be kept confidential.

3.11 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us by email to sales@vim-ltd.com

3.12 You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, we are not responsible for unauthorised access to your account.

3.13 If Vehcam Ltd offer a free trial the trial will consist of access for up to 5 vehicles and drivers to the software platform, including the e-FNOL service, for a period of 30 days. There will be no cash equivalent.

4. Vehcam Ltd PLATFORM

4.1 Whilst every endeavour will be made to ensure that the platform or programs are free of errors, Vehcam Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

4.2 Vehcam Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

4.3 The client agrees to make available as soon as is reasonably possible to Vehcam Ltd all materials required to complete the site to the agreed standard and within the set deadline.

4.4 Vehcam Ltd shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with Client’s receipt of the Account Service data. Vehcam Ltd shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.

4.5 To the maximum extent allowed by law, Vehcam Ltd and any of their parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided hereunder.

4.6 Vehcam Ltd will not have any liability for any losses arising because the Vehcam Ltd Services are not operational or accessible. This section does not limit liability for bodily injury of a person.

4.7 You agree to provide us with true, accurate, current and complete information as reasonably required by us, and promptly notify us of any changes to that information.

5 FEES AND PAYMENT

5.1 The fees for the performance of the services are as set out in the Service Level Agreement. Vehcam Ltd shall invoice the Customer for the services as detailed therein on a monthly basis in advance.

5.2 If the client has been granted a 30-day free trial the contract will commence at the end of the free trial.

5.3 Invoiced amounts shall be due and payable as detailed within the invoice, usually due within 30 days from the date of the invoice. Vehcam Ltd shall be entitled to charge interest daily on overdue invoices from the date when payment becomes due from until the date of payment at a rate of 8% per annum above the base rate of the Bank of England. In the event that the Customer’s procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the services are rendered.

5.4 Vehcam Ltd shall not refund any payment unless the amount received exceeds that which is owed to Vehcam Ltd at the time of payment, in which case the difference shall be refunded as soon as practicably possible.

5.5 Vehcam Ltd reserve the right to increase our prices annually.

5.6 Vehcam Ltd may suspend all Services until payment has been made in full. Should Vehcam Ltd suspend the service for non-payment no liability will be incurred or accepted by Vehcam Ltd for any loss incurred by the client including loss of any footage of incidents in which the client loses money.

6 CUSTOMER’S OBLIGATIONS

6.1 To enable Vehcam Ltd to perform its obligations under this Agreement the Customer shall:

   6.1.1 Co-operate with Vehcam Ltd;

   6.1.2 Provide Vehcam Ltd with any information reasonably required by Vehcam Ltd;

   6.1.3 Obtain all necessary permissions and consents which may be required before the commencement of the services; and

   6.1.4 Comply with such other requirements as may be set out in the Development Proposal and Quotation Documents or otherwise agreed between the parties.

6.2 In the event that the Customer or any third party, not being a sub-contractor of Vehcam Ltd, shall omit or commit anything which prevents or delays Vehcam Ltd from undertaking or complying with any of its obligations under this Agreement, then Vehcam Ltd shall notify the Customer as soon as possible and:

   6.2.1 Vehcam Ltd shall have no liability in respect of any delay to the completion of any project;

   6.2.2 If applicable, the timetable for the project will be modified accordingly;

   6.2.3 Vehcam Ltd shall notify the Customer at the same time if it intends to make any claim for additional costs.

7 WARRANTY

7.1 Vehcam Ltd warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

7.2 Without prejudice to Clause 5.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by Vehcam Ltd.

8 INDEMNIFICATION

The Customer shall indemnify Vehcam Ltd against all claims, costs and expenses which Vehcam Ltd may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against Vehcam Ltd alleging that any services provided by Vehcam Ltd in accordance with the Development Proposal and Quotation Documents infringes a patent, copyright or trade secret or other similar right of a third party.

9 LIMITATION OF LIABILITY

9.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Vehcam Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Customer to which the claim relates.

9.2 In no event shall Vehcam Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Vehcam Ltd had been made aware of the possibility of the Customer incurring such a loss.

9.3 Nothing in these Terms and Conditions shall exclude or limit Vehcam Ltd’s liability for death or personal injury resulting from Vehcam Ltd’s negligence or that of its employees, agents or sub-contractors.

10 TERMINATION

Either party may terminate this Agreement forthwith by notice in writing to the other if:

10.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;

10.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;

10.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;

10.4 the other party ceases to carry on its business or substantially the whole of its business; or

10.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

11 INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement will vest in Vehcam Ltd until all monies specified in the Quote document are received by Vehcam Ltd. Vehcam Ltd will then assign all IPRs to the customer, and will execute any appropriate documents required to complete such assignment.

12 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

13 INDEPENDENT CONTRACTORS

Vehcam Ltd and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Vehcam Ltd may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve Vehcam Ltd of its obligations under this Agreement.

14 ASSIGNMENT

The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Vehcam Ltd.

15 SEVERABILITY

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

16 WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

17 NOTICES

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in Service Level Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

18 ENTIRE TERMS AND CONDITIONS

18.1 These terms and conditions for Vehcam Ltd shall supersede all previous terms and conditions issued between the parties relating to the subject matter oral or written

18.2 These terms and conditions are in conjunction with the terms set out in the Service Level Agreement.

18.3 Unless expressly provided elsewhere in these terms any Service Level Agreement may be varied only by a document signed by both parties.

19 NO THIRD PARTIES

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

20 GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England and Wales