Curb Smart Tracker - Terms and Conditions

Curb Smart Tracker - Terms and Conditions

Your Smart Tracker is part of a subscription service which – through the combination of a tracking device, mobile app and network connectivity – keeps you in touch with your favourite things. These Terms and Conditions apply to the extent your Smart 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 Smart Tracker are set out in section 3 below (the “Services”).

Your Smart Tracker is offered to you by [Vodafone Albania] (“We”, “our” or “us”) in accordance with these Terms and Conditions (“agreement”). 

In this agreement, “you” means either (as applicable):

1. the person paying the monthly subscription fee for the Services, for setting up the Smart Tracker and pairing with the App (the “Administrator”); and/or
2. a person communicating with the Smart Tracker via the App (the “Contact(s))”, 

although we understand that you may or may not be the person using the Smart Tracker (the “User”). If you are not the User, the Administrator is responsible for ensuring that the User understands these terms and uses the Smart Tracker in accordance with these terms.

See section 6 (Administrators & Contacts) for more information in relation to Contacts.

1. Requirements for using the Smart Tracker
   1. In order to use the Smart Tracker you must:
      1. purchase the Smart Tracker, which may be available via the Vodafone web store www.vodafone.al  and in store;
      2. download the App on your mobile device, sign up with your Vodafone account or register;
      3. connect your Smart Tracker following the instructions set out in the App; 
      4. purchase/activate/sign a subscription to the Smart Tracker (“Subscription”) via the App and/or in store; and
      5. complete activation and personalisation of your Smart 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. Please note that in addition to this agreement, and the Vodafone Privacy Policy, separate terms and conditions apply to the Vodafone Smart Sim (also known as the V-Sim by Vodafone) (the “Smart Sim”) used by your Smart Tracker, the App and may also apply to your chosen billing method.
   1. Your purchase and use of the Smart Tracker may be subject to separate terms from your retailer and hardware terms included with the Smart Tracker - for example, in respect of hardware warranties and returns policies. 
   2. You must have a valid Subscription in order to use the Smart Tracker. Subscriptions are subject to the Smart Sim terms and conditions, visible and downloadable at www.vodafone.al , must be activated via the App and will start when you’ve connected your Smart Tracker to the App, chosen your plan and provided valid payment details. 
   3. 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 Smart Sim terms and conditions. All other rights related to your Subscription, including payment methods, payment frequency, terms specific to existing and/or non-Vodafone customers, and your rights to cancel and terminate, are as set out in the Smart Sim terms and conditions. 
   4. You can link up to twenty (20) Smart Trackers to the same App account, but you will only be able to view one (1) Smart Tracker at any one time. Each Smart Tracker will require a separate Subscription. 

Please note, the Services available to you and any Contacts will be those advertised at the point you purchase the Smart Tracker and/or those communicated as new (and launched) features after you’ve purchased the Smart Tracker. This section 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, and have not been, advertised as Services.

1. Once you have connected and activated your Smart Tracker account in the App and purchased a Subscription, you will be able to use the following Services: 
   1. Location: You will be able to see the location of your Smart Tracker in the App. This will be the location of the tracker at the point it last updated (see Tracking Modes, below), however, you can get an up-to-date location by pressing the refresh button. In order to try and optimise the Smart Tracker’s battery life, we use technology to understand if the tracker has or hasn’t moved, and will only update your location if and when your tracker moves. If your Smart Tracker is idle, or hasn’t moved, we’ll indicate this 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. To the extent GPS is not available, you may still be able to view the approximate location of your Smart Tracker using other tracking technologies (such as cellular, Wi-Fi or Bluetooth), but please be aware these will not be as accurate as GPS.   
   2. Realtime Tracking: Realtime Tracking is a Tracking Mode which, when selected, allows you to follow your Smart Tracker with greater frequency than other tracking modes. Realtime Tracking can only be used for a maximum of 15 minutes at any one time and can be stopped at any point. After 15 minutes of Realtime Tracking, your Smart Tracker will return to your previous Tracking Mode.  
   3. Zones: Zones are the virtual boundaries you create around a location of your choice. These can be set-up and amended in the App. If the Smart Tracker enters or leaves this area (as per your selection), you will receive a notification. Please note that Zones use the tracker’s location (as updated by the frequency of your chosen Tracking Mode), to determine whether or not it has left or entered a virtual boundary. This means any notifications may not reflect the precise moment your Smart Tracker actually left or entered a Zone.
   4. Quick Alert: By pressing and holding the button on your Smart Tracker for 3 seconds, its will send its current location to the App. Quick Alerts will be sent as a push notification and can be enabled in the App under ‘Device Settings.’ 
   5. Location History: Once you start using your Smart Tracker, you will be able to review historic locations and timestamps in the App. The historic time-period for Location History may change from time to time.
   6. Navigate / Share Location: The Smart Tracker can share the coordinates of its location with your phone’s native map applications (such as Apple Maps or Google Maps), allowing you to plot a route to this point. The location of the Smart Tracker can also be shared with someone else. Please note, the coordinates of the Smart Tracker will be those of its last updated location (noting that update frequency is dependent on Tracking Mode). In addition, you will only be able to plot a route or view a shared location in your phone’s native map application(s), which is a third party service. Please see section 7 (Third Party Services) for more information. 
   7. Proximity & Beep: When you are within the Smart Tracker’s Bluetooth range, the App will provide you with an approximate distance, showing how far away your Smart Tracker is. For added assistance in locating your Smart Tracker, when in Bluetooth range you may also be able to use the App to request that the tracker makes a short ‘beeping’ sound. However, please note the request to ‘beep’ is not sent over Bluetooth, but is subject to Vodafone connectivity and location coverage, so may not be instant. 
   8. Additional App Features: Dependent on the specific type of object or item you’ve told us you’re tracking (for example - a pet), you may be able to access additional App features, services, and insights that will help you get the most out of your Smart Tracker. These additional features will only be accessible once you’ve selected the type of object or item you’re tracking in the App, and not all options unlock additional App features. Where additional features are available, these may require you to insert further details around the item you’re tracking, but any personal information will be processed and stored in line with our privacy policy. More information on these features and services, including how they are accessed and how they work, are available at www.vodafone.al] and in the Smart Tracker FAQs.
2. Tracking Modes: Your tracker will update its location periodically, depending on the tracking mode you have chosen. Your Smart Tracker has a number of different tracking modes that you are able to change in the App. 
   1. Power Save Mode: Location updates every 2 hours. 
   2. Everyday Mode: Location updates every 30 minutes. 
   3. Performance Mode: Location updates every 5 minutes. 
   4. Realtime Tracking: Location updates every 3-5 seconds. Please note that Realtime Tracking can only be used for a maximum of 15 minutes at any one time, and will end automatically end after this period. 

The battery life of the Smart Tracker depends on the tracking mode chosen. The more frequent your Smart Tracker updates, the quicker your battery life will reduce. In the event your Smart Tracker is unable to update its location, the App will continue to show the last known location of the tracker.

1. Battery: You will be able to view your tracker’s approximate battery life in the App using the battery iconography. Your Smart Tracker’s battery can last for up to 5 days in Everyday Mode.
2. Other Features: We may add or remove services that can be used by your Smart Tracker at any time. We will tell you about any changes as far as reasonably possible (see section 11 (Variations) below).

1. Limitations of the Services
   1. We will provide the Services with reasonable skill and care. However, we do not guarantee that they will be fault free. Please read the Smart Tracker Services section above to understand how each of your tracker’s services work, and any associated limitations.
   2. We aim to provide you with the Services at all times. However, you acknowledge and agree that, the nature of the underlying mobile, 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 or Vodafone’s GSM networks.
   3. Smart Trackers are dust proof and water resistant, having been tested under controlled laboratory conditions with a rating of IP67 under IEC standards. This means that your Smart Tracker is resistant to water splashing; however, it may be damaged in water immersions of more than 1 meter or for periods of longer than 30 minutes. It also does not guarantee protection from submersion in liquids other than fresh water.  Please note that resistance may decrease over time with normal use. Your Smart 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.
      1. You acknowledge the Smart Tracker is only designed to be used in the ways advertised by us and should not be used to track people. If used in any other way, some Services may not be available or may not work properly. If your Smart Tracker is damaged the Services may not be available.
         1. The Smart Tracker is designed for tracking on land and must not be connected/used when taken in aircraft.  The Smart 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.
            1. Use of the Smart 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.
            2. You must keep to this agreement and our instructions when using the Services. You are responsible for anyone who uses your Smart Tracker.
            3. If you are not the User, you are responsible for ensuring that the User understands how to use the Smart Tracker and is aware of the limitations of the Service as set out in this agreement.
            4. You are responsible for maintaining the Smart Tracker battery and for completing any Smart 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 Smart Tracker has no battery or if you have not completed a firmware update.
            5. You must not use your Smart Tracker or any of the Services for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment or for criminal activities.
            6. Quick Alerts are received by way of push notifications in your App and on your smartphone. You are responsible for monitoring the activity in your App. We will not monitor any alerts from the Smart Tracker and will not know if a User is awaiting assistance, or if any alert is false or genuine.
            7. You acknowledge that your Smart Tracker is not an emergency service. We will not contact you or any contacts directly, or the emergency services in relation to a Quick Alert.
            8. 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 Smart Tracker in any way.
            9. You are responsible for contacting us if you identify a defect in your Smart Tracker or the App that prevents you from using the Services.
               1. You are 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.
               2. To provide you with the Services you will need to enable certain permissions on your mobile device. We may also require some information about you and/or the User (if different). You agree to provide us with true, accurate and up-to-date information and you assume the risk associated with providing any false, inaccurate or out-of-date information.  We will treat this information in accordance with our privacy policy.
               3. If you are not the User, you are responsible for ensuring that the User has consented to using the Smart Tracker, and has consented to Vodafone tracking the location of the Smart Tracker for the purpose of providing the Services. You are responsible for informing the User that we will not be able to provide the Services if the Smart Tracker has no battery power, and of the other limitations set out in this Agreement.   You must ensure that the User agrees to have any required personal information collected and used by Vodafone for the purpose of the Services.

Please note, this section only applies to the extent the Smart Tracker, App and Services allow for interaction and communication between multiple individuals. The Services and functionality available to you (including the ability for Contacts to interact or communicate with the Smart Tracker, or vice versa) will only be those advertised. As such, this section 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, we are under no obligation to launch this. 

1. The Administrator may be able to invite Contacts to interact with the Smart 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 [and potentially on the same network] as the mobile number used by the Administrator. 
2. Contacts must be at least sixteen (16) years of age, but in the event any Contact is under the age of 18 years:
   1. The Contact must be the child (or under the guardianship) of the Administrator; or
   2. The Administrator must have obtained the explicit permission of the parent or guardian of the Contact before inviting; and
   3. The Administrator shall remain responsible for the actions and any non-compliance of the Contact under the terms of this agreement.
   4. We will collect, use, store or share the information of Contacts to provide you with the Services in accordance with our Privacy Policy. In the event an Administrator invites a Contact below the age of sixteen (in contravention of these Terms and Conditions), we are within our rights to assume the Administrator has given their explicit consent (or obtained the explicit consent of the parent or guardian of the Contact) to the processing of the personal data of the Contact in accordance with our Privacy Policy.
      1. 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.
      2. Invites will expire after a certain period of time, after which an Administrator will need to re-invite a Contact. 
      3. Each Smart Tracker has a maximum number of Contacts who can interact with the device. 
      4. Permissions: At the point the Administrator invites Contacts to interact with the Smart 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 Smart Tracker, access the device Services and may even permit them to alter Tracking Modes and Zones.

1. Third Party Services
   1. The Smart Tracker may display access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under our control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Smart Tracker, such as third party applications accessed on or through the App, are not part of the Services and are not controlled by us, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that the terms of this agreement and the Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding any terms and conditions and privacy policy that apply to your use of any Third-Party Services.
2. Losing your mobile equipment 

If your Smart 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 Smart Tracker or your mobile equipment. You should contact us immediately so that we can prevent further activity on your App account.

1. Connectivity 
   1. Subject to coverage, the Services are available when your Smart Tracker is located in [the British Isles] and in a number of other countries. The list of countries supporting your Smart Tracker is subject to change. Please see the [Smart Tech Charges Guide] for inclusive out of country use details. If you are planning on travelling or using your Smart Tracker abroad, 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 Smart 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 Smart Tracker will work as intended. We therefore recommend that you check the list of countries before you travel.
      1. 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. 
      2. 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:
         1. If we believe your App, Smart 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.
         2. If we believe that your account or your mobile equipment or your Smart 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 you tell us that your Smart Tracker has been lost or stolen.
         6. If we are permanently unable to provide the Services to you.
         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.
      3. 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. 
      4. 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.
      5. 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 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.
      6. 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 Fees already paid. Contact us to discuss your options.
   3. We may add new services to the Smart Tracker and make changes to, add or withdraw any of the Services at any time. 
   4. 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”). 
   5. We may also make further improvements to the App or Smart 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.
   6. 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.
   7. By continuing to use the Smart 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.
2. 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 Smart Sim or the App: or (d) 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.

1. Personal Information 

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

1. 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 12.4, 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 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 [Albania]. You or we may bring legal proceedings in a court in [Albania] to sort out a dispute under this agreement.
   6. You can find additional information regarding the Smart Tracker and the App in the Smart Tracker FAQs.

Any problems using the Smart Tracker or the App with the Smart Tracker should be reported to our support team who will endeavour to help resolve the issue – please contact us on 140  from your Vodafone phone  Alternatively, you may contact us by using the App or www..vodafone.al and in case you do not agree with the result of your complaint, you may reach out to AKEP or to the competent courthouse, as per the provisions of Law no. 9918 and Civil Procedure Code.

Contact us
 
 If you need to speak to us or have a complaint, please contact us:
From a Vodafone mobile: please call 140/149
Post: Vodafone Albania, Autostrada Tiranë-Durrës, Rruga Pavarësia nr.61, Kashar, Tiranë, Albania or
Website: www. Albania.al and email at: ecaresupport.al@vodafone.com
 
 

Date: 27.09.2021