Terms & Conditions

PRELIMINARY: These Terms and Conditions (together with the documents referred to in them) are the
Terms and Conditions on which we supply our Services to you.
Please read these Terms and Conditions carefully and make sure that you understand them before subscribing to our Services. You should understand that by ordering our Services, you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.

QUERIES: If you have any questions about these Terms and Conditions please contact us at info@crystalball.tv. Alternatively, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

ACCEPTANCE: Please note that if you order any Services from us, whether through our website, by email or by phone, then you will be deemed to have accepted these Terms and Conditions. When placing an order via our Website you will be presented with the option to tick a box at the end of these Terms and Conditions to acknowledge that you have accepted them.

KEY TERMS: Whilst all of this agreement is important we would particularly like to bring your attention to the following Clauses. Some of these Clauses set out when we would be able to charge you additional amounts (over and above your Subscription fee):
Clause 5 – Right to Cancel your Order;
Clause 7 – Payment;
Clause 8 – Potential Additional Fees;
Clause 9 – Refunds Policy; and
Clause 14 – Limitation of Liability.

BUSINESS CUSTOMERS

We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these Terms and Conditions and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

1. INFORMATION ABOUT CRYSTAL BALL
1.1. We are Crystal Ball Limited (Company Number 06668428). We trade as “Crystal Ball”.
1.2. Our registered office and main trading address is Washbrook House, Talbot Road, Stretford, Manchester M32 0FP.
1.3. References to “we”, “us” and “our” are references to Crystal Ball Limited.

2. YOUR STATUS
2.1. By placing an order with us, whether through our website, electronically, or via e-mail or via phone you warrant that:
2.2. if you are a consumer:
2.2.1. you are legally capable of entering into binding contracts;
2.2.2. you are at least 18 years old;
2.2.3. you are resident in the United Kingdom; and
2.2.4. you are accessing our website from the United Kingdom;
2.3. or otherwise that you are a business (being either a sole trader, partnership (of any type) or a limited liability company and in each case are legally capable of entering into binding contracts.

3. FORMATION OF THE AGREEMENT BETWEEN US
3.1. Your order constitutes an offer to us to subscribe to the Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms acceptance of your order (“Acceptance”). The Agreement between us will only be formed when we send you this Acceptance.
3.2 Nothing in this Agreement shall affect your statutory rights as a consumer.

4. DEFINITIONS
4.1. In this Agreement the following words shall have the following meanings:
“Acceptance” means the acceptance referred to in Clause 3.1;
“Agreement” means the contract between us which comes into force on the Commencement Date and which incorporates your order, the Service Agreement if applicable and these Terms and Conditions;
“Alerts” has the meaning given in Clause 11.7;
“Alert Suspension” has the meaning given in Clause 11.9;
“App” means the mobile phone application providing access to the Services;
“Authorised User” means any person you lawfully authorise to use the Vehicle;
“Commencement Date” means the date on which you receive the Acceptance;
“Driver ID Device” means a device which may be used to help verify that a driver is authorised to move a Vehicle;
“Mobile Services” means the transmission of data through a SIM card over a mobile network to the System Software;
“Reseller” means a third party that has introduced you to Crystal Ball;
“Services” means the vehicle tracking services to be provided by us by means of a Tracking Unit (as set out in your order);
“Service Agreement” means the Crystal Ball Thatcham service agreement to which these Terms
and Conditions are attached if applicable:
“Subscriber Instructions and Procedures” means the set of instructions and procedures you are to follow in order to ensure the proper operation of the Service;
“Subscription” means payment for the provision of Services for the agreed period;
“System” means the Tracking Unit(s), the SIM card(s), the App, the System Software, the Mobile Services and any enhancements and modifications to the same;
“System Software” means the App as modified from time to time;
“Terms and Conditions” means the terms and conditions set out in this document;
“Territory” means the United Kingdom and such other countries as we may notify you of in writing from time to time;
“Thatcham” means the CAT S5+, S5 and S7 criteria for “After-Theft Systems for Vehicle Recovery” as set out by the Motor Insurance Repair Research Centre;
“Tracking Unit” means the Thatcham approved tracking device, SIM card and Driver ID Device (if provided);
“Vehicle” means the vehicle into which the Tracking Unit has been installed;
“Website” means the Crystal Ball website at http://crystalball.tv;
“You” means the person, firm or company whose order for the Services and Tracking Unit has been accepted by us.
4.2. References to Clauses are to the Clauses set out within these Terms and Conditions.
4.3. Headings to Clauses are included for ease of reference and should not affect the interpretation of this Agreement.
4.4. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
4.5. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the meaning of the words before those terms.
4.6. A reference to “writing” or “written” includes e-mails but not faxes.

5. RIGHT TO CANCEL / AMEND YOUR ORDER
5.1. Subject to Clause 5.5, if you are contracting as a consumer you may cancel this Agreement at any time within 14 days, beginning on the day after you received the Acceptance (“Cancellation Period”).
5.2. To cancel the Agreement during the Cancellation Period, simply send us a completed copy of our standard cancellation form (directions to which can be found at 5.7 below), or send a written notice in accordance with Clause 21 (Notices /Complaints) clearly stating you want to cancel the Agreement.
5.3. If you do cancel the Agreement in this way you will receive a refund of the price paid for the Services and the Tracking Unit in accordance with our refunds policy (set out in Clause 9 (Refunds Policy) below).
5.4. Details of this statutory right of cancellation, and an explanation of how to exercise it, are provided in the Acceptance.
5.5. This Clause 5 does not apply once the Tracking Unit has been installed in the Vehicle.
5.6. This Clause 5 does not affect your other statutory rights as a consumer.
5.7. A model cancellation form can be found on our Website at https://crystalball.tv/cancellation/.

6. TRACKING UNIT
6.1. If installation is included in your purchase we or the Reseller will arrange for installation of the required Tracking Unit into the Vehicle. If installation is not included You or the Reseller must arrange for installation of the required Tracking Unit into the Vehicle.
6.2. We will have no liability whatsoever if we are unable to provide the Services due to:
6.2.1 any network/mobile connection issues and/or the frequency of any message content related to the Tracking Unit or a Driver ID Device receiving or sending the messages to immobilise/mobilise the Vehicle. The Vehicle will need to be in full working condition to accept immobilisation commands and the Tracking Unit / Driver ID Device will need to have an active connection to the required mobile network; and
6.2.2 disconnection of the Vehicle’s battery, which may result in the Tracking Unit automatically immobilising the Vehicle. Please contact us immediately if this occurs.
6.3. We will not be liable for any act, omission, direct or indirect loss or damage caused during the course of the installation of the Tracking Unit by You or on your behalf. All such loss or damage will need to be discussed with the relevant installer.
6.4. Due to the technical nature of the Tracking Unit, only authorised and qualified personnel should carry out any works or installations in respect of the Tracking Unit. Should unauthorised or unqualified personnel carry out works or installations, any warranty we have provided in respect of the relevant Tracking Unit shall become void. We will, on request, provide details for authorised personnel relating to the workings or installation of any Crystal Ball products. It is your responsibility to inform anyone carrying out work on the Vehicle that the Tracking Unit is installed.

7. PAYMENT
7.1. The price of the Services shall, except in cases of obvious error, be:
7.1.1. for the term of years that you have chosen, the relevant price shown on our Website at the time you place your order or as specified in the Service Agreement or welcome email;
7.1.2. in the case of each renewal pursuant to Clause 18.1 (Term and Termination), any price agreed with you for the renewal in writing, or otherwise, the price shown on our Website on the date of the relevant renewal date; or
7.1.3 in all other cases, as otherwise agreed between us in writing.
7.2. You shall pay for the Services by credit/debit card, direct debit, cash or (if we request) bank transfer to an account we nominate to you in writing.
7.3. The fee for your Subscription for whatever term is payable in full in advance. Our charges are inclusive of VAT but exclusive of all other taxes, tariffs, customs charges or other such costs. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
7.4. If a pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the Services to you at the incorrect (lower) price.
7.5. If you owe us any sums and they remain unpaid for more than 14 days from the due date for payment, then without prejudice to any other rights or remedies we may have, we will be entitled to:
7.5.1. charge interest on the outstanding sum at the rate of 2% above the Bank of England base lending rate from time to time, which interest shall accrue on a daily basis from the due date for payment until payment is received in full by us together with all interest that has accrued;
7.5.2. suspend the provision of the Services until full payment and any applicable re- connection fee has been received; and/or
7.5.3. terminate this Agreement.
7.6. You are responsible for the cancellation of any applicable Direct Debits in the event that you do not renew this Agreement. We recommend you contact both your bank and us to ensure a Direct Debit payment is properly cancelled.

8. POTENTIAL ADDITIONAL FEES
THIS CLAUSE 8 SETS OUT THE CIRCUMSTANCES IN WHICH WE MAY RAISE ADDITIONAL CHARGES OVER AND ABOVE THE SUBSCRIPTION FEES.
8.1. You will reimburse us on demand in respect of any reasonable costs and expenses we incur:
8.1.1. in tracing you and taking steps to enforce payment of any sums due to us;
8.1.2. if your bank fails to honour any direct debit or other method of payment (a £25 plus Vat administration fee will be charged);
8.1.3. in the event that you fail to give a minimum of 24 hours’ notice of cancellation for any pre-arranged call out; or
8.1.4. in the event you misuse the Services (including where you raise alarms having no reasonable grounds on which to believe that the Vehicle had been stolen or that genuine emergency or breakdown conditions exist or in the event of excessive false alerts).
8.2. We may make additional charges:
8.2.1. in accordance with Clause 18.2 (Term and Termination);
8.2.2. in the event that you use the Services while the Vehicle is outside the Territory;
8.2.3. to recover any archived data; or
8.2.4. in the event that the Agreement is transferred or assigned pursuant to Clause 15.2.

9 REFUNDS POLICY
9.1. If you cancel your subscription to the Services:
9.1.1 because you have cancelled the Agreement between us within the 14 day cooling-off period in accordance with Clause 5 above, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation. In this case, we will refund the full price paid by you provided that, if applicable, you have returned the Tracking Unit to us at your expense in its original unopened packaging and undamaged; or
9.1.2 for any other reason you are entitled to cancel (for instance, because you have notified us in accordance with Clause 19 (Our right to vary this Agreement) that you do not agree to a change in this Agreement or in any of our policies) we will notify you of any applicable refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
9.2. We will refund any money received from you using the same method you originally used to pay us.

10 LICENCE TO USE THE SYSTEM SOFTWARE
10.1. You are permitted to print and download extracts from the System Software for the purposes of monitoring or reporting on the location of your Vehicle on the following basis:
10.1.1 no documents or related graphics on the System Software are modified in any way;
10.1.2 no graphics on the System Software are used separately from the corresponding text; and
10.1.3 our copyright and trade mark notices and this permission notice appear in all copies.
10.2. If you breach any of the terms in this Agreement, your permission to use the System Software automatically terminates and you must immediately destroy any downloaded or printed extracts from the System Software .
10.3. Subject to Clause 10.1 above, no part of the System Software may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

11 USE OF THE SERVICES AND YOUR OBLIGATIONS
11.1. While we will endeavour to ensure that the System Software is available 24 hours a day we make no warranty that access to the System Software will be uninterrupted or error free.
11.2. Please note that access to the System Software may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. How such events are dealt with is detailed in Clause 17 (Events outside our control).
11.3. You will not misuse the System Software (including by hacking or impersonating another user of the System Software or your account).
11.4. We strongly advise you not to share your user name and password with any other person nor with multiple users on a network.
11.5. You are responsible for the security of any passwords that we issue to you in relation to the Services.
11.6. You agree and undertake to:
11.6.1 observe and comply with all the Subscriber Instructions and Procedures associated with both the System Software and the Services;
11.6.2 promptly advise us if the Vehicle is to be carried on transportation devices such as trailers or transporters so that we can update the System Software accordingly;
11.6.3 promptly advise us when your vehicle is scheduled for service/maintenance so that we can update the System Software accordingly; or
11.6.4 promptly advise us if you have authorised a person to use the Vehicle without providing them with a Driver ID Device to prevent false alarms being raised.
11.7. Your use of the Services (Including any associated Apps or additional hardware that form part of the Services) may result in alerts and alarms being raised on our systems (such as battery disconnection alerts and unexpected movement alerts) (“Alerts”).
11.8. Alerts typically require us to take some form of action, such as contacting you to confirm whether you are aware of the location of the Vehicle; accordingly, both to minimise disruption to your own life, and reduce our own administration, it is in both of our interests to ensure that Alerts are only raised when necessary.
11.9. If we, acting reasonably, believe that the number of Alerts raised in respect of your use of the Services is excessive we may impose additional charges or , temporarily or permanently, disable one or more of the Alerts associated with your account on our Systems (an “Alert Suspension”);
11.9.1 we will not act upon Alerts which are subject to an Alert Suspension;
11.9.2 we will give you written notice of the occurrence and duration of any Alert Suspensions.
11.10. You may contact us to discuss any Alert Suspension and the actions which we may require for it to be removed from your account.
11.11. We will have no responsibility or liability to you for any failures in the Services which result (directly or indirectly) from Alerts which we do not act upon due to an Alert Suspension.
11.12. If it is necessary to impose repeated Alert Suspensions we reserve our rights to:
a) raise additional charges pursuant to Clause 8.1.4; and/or
b) terminate this Agreement for persistent breach in accordance with Clause 18.3.1.

12 SERVICES
12.1. The Service will meet the tracking requirements of, as applicable, the CAT S5+, S5 and S7 criteria for “After-Theft Systems for Vehicle Recovery” as set out by the Motor Insurance Repair Research Centre (otherwise known as Thatcham).

13 SUSPECTED THEFT, DEFECT, DAMAGE OR LOSS
13.1. If you become aware or suspect that a Vehicle has been stolen you must immediately:
13.1.1 telephone or otherwise notify the Police and obtain the Police Crime Reference Number or equivalent reference in respect of the theft in order that this can be advised to us; and
13.1.2 inform us of the theft. You will need to quote the Police Crime Reference Number (or equivalent reference) and indicate the Police station which has been notified. We will then at our discretion, verify with the Police that the Vehicle has been notified to them as stolen, and if so, will activate the Tracking Unit for the purpose of locating of the Vehicle.
13.2. Neither we nor the Police will be liable for any damage of whatever nature arising as a consequence of or incidental to your failure to follow the above steps or any other instructions by us for use of the Services.
13.3. It is your responsibility to inform us and the Police that your Vehicle has been recovered as soon as possible in order to ensure that the Tracking Unit is deactivated.
13.4. You shall only use the Services to notify us in the event that you genuinely believe that the Vehicle has been stolen. In the event that you do not comply with this Clause 13.4 we reserve the right to charge you for any work we undertake due to your incorrect operation of the system.
13.5. If you become aware or suspect that the Tracking Unit installed in your Vehicle is defective, you must contact us immediately and, if we request to do so, we must be given a reasonable opportunity to inspect the Tracking Unit. We will not be responsible for any costs of repair incurred where we have not:
13.5.1 had such opportunity to inspect the Tracking Unit; and
13.5.2 agreed those costs with you in advance.
13.6. In the event of loss of, or damage to, the Tracking Unit (or any part thereof, such as tags/fobs associated with the installed Tracking Unit) or a Driver ID Device:
13.6.1 you will be responsible for the costs of repair or replacement of the Tracking Unit / Driver ID Device;
13.6.2 you must notify us that the Tracking Unit / Driver ID Device is lost; and
13.6.3 you will have 7 days from notification to either replace the Tracking Unit / Driver ID Device or provide evidence (to our reasonable satisfaction) that the Tracking Unit / Driver ID Device is in your possession.
13.7. Failure to comply with Clause 13.6 above will result in us ceasing to provide the Services until such time that:
13.7.1 the Tracking Unit / Driver ID Device is replaced; or
13.7.2 you are in possession of the Tracking Unit / Driver ID Device.

14 LIMITATION OF LIABILITY
14.1. Subject to Clauses 14.2 to 14.7 (inclusive) below, if either of us fails to comply with this Agreement, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with this Agreement.
14.2. We do not accept any liability to you or to others in connection with this Agreement for:
14.2.1 loss of income or revenue;
14.2.2 loss of profit;
14.2.3 loss of business;
14.2.4 loss of anticipated savings;
14.2.5 loss of goodwill/reputation;
14.2.6 loss or corruption of data;
14.2.7 any waste of time; or
14.2.8 loss or failure of any Driver ID Device.
14.3. We shall also not be liable for any loss or damage caused by:
14.3.1 the acts or omissions of the driver of the Vehicle;
14.3.2 the Vehicle being stolen; or
14.3.3 the operation of the Services being adversely affected by physical features such as underpasses, atmospheric conditions and other causes of interference beyond our reasonable control.
14.3.4 any third-party attempting to: remove or otherwise interfere with the relevant Tracking Unit; or remobilise an immobilised Vehicle, without our consent.
14.4. We can give no guarantee that the Vehicle will be successfully located or recovered or that the Services will work in adverse conditions. The operation of the Tracking Unit / any Driver ID Device and the provision of the Services in accordance with this Agreement depends to a large extent upon the operation of the digital cellular telecommunications technology with which the Tracking Unit / Driver ID Device operates. It is possible that this will not work in all parts of the Territory.
14.5. This Clause 14 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by Clauses 14.2 to Clause 14.4 above.
14.6. Nothing in this Agreement excludes or limits our liability for:
14.6.1 death or personal injury caused by our negligence;
14.6.2 fraud or fraudulent misrepresentation;
14.6.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
14.6.4 defective products under the Consumer Protection Act 1987; or
14.6.5 any deliberate breaches of this Agreement and conditions that would entitle you to terminate the Agreement; or
14.6.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
14.7. Subject to the provisions of this Clause, if you are not a consumer our total liability to you shall not exceed the price paid by you for the Services.
14.8. You agree and acknowledge that the provision of the Services does not in any way mitigate your duty to obtain adequate insurance for the Vehicle.

15 TRANSFER OF RIGHTS AND OBLIGATIONS
15.1. This Agreement is personal to you and relates exclusively to the Vehicle in which the Tracking Unit was originally installed.
15.2. You may not transfer, assign, charge or otherwise dispose of an Agreement, or any of your rights or obligations arising under it, without our prior written consent (such consent not to be unreasonably withheld or delayed) and paying an administration fee of £50 plus Vat.
15.3. The Agreement between you and us is binding on you and us and on our respective successors and assignees.
15.4. We may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of our rights or obligations arising under it, at any time during the term of the Agreement so long, when applicable, we can show that we reasonably believe that the party to whom we are disposing of the Agreement to can provide you with materially the same level of service.

16 SUSPENSION OF SERVICES/PLANNED MAINTENANCE
16.1. We may, if any modification or maintenance is being carried out to our tracking network, temporarily suspend the Services or access to the System Software for the period of that modification or maintenance.
16.2. We will make a reasonable effort to give you 2 days’ notice of any such modification or maintenance but reserve the right to suspend the Services or access to the System Software on shorter notice if circumstances require.

17 EVENTS OUTSIDE OUR CONTROL
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“Force Majeure Event”).
17.2. We will take all commercially reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event.
17.3. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes:
17.3.1 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.3.2 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.3.3 impossibility of the use of public or private telecommunications networks;
17.3.4 the acts, decrees, legislation, regulations or restrictions of any government; and
17.3.5 pandemic or epidemic.
17.4. Our performance under any Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
17.5. If the Force Majeure Event above continues for a period of over three months, either of us shall be entitled to give the other written notice to terminate this Agreement without additional liability.

18 TERM AND TERMINATION
18.1. Subject to Clause 17 (Events outside our control), this Agreement shall commence upon the Commencement Date and shall continue for the fixed period of years specified in the Agreement and thereafter shall automatically be renewed for a further minimum period of twelve (12) months on each anniversary of the Commencement Date unless terminated by either party giving at least fourteen (14) days’ written notice prior to the next anniversary of the Commencement Date.
18.2. All Subscriptions that are taken out must be terminated at the time you dispose of the subscribed Vehicle (whether through sale, write-off or otherwise). You must promptly give us written notice of any such disposal so that the Tracking Unit can be disconnected and the subscription terminated. Subscriptions are non-refundable, this includes where the Vehicle is written off, sold or if the same Tracking Unit is reinstalled into another Vehicle. If you notify us that the Vehicle has been written off, sold or otherwise disposed of but subsequently attempt to retract that statement then we reserve the option to, at our discretion, waive the termination, reconnect the Tracking Unit and treat the Agreement as continuing as if the termination had not occurred. We reserve the right to charge a £50 plus Vat administration fee in the event of any such reconnection.
18.3. Without limiting its other rights or remedies, each party may terminate the Agreement with
immediate effect by giving written notice to the other party if:
18.3.1 the other party is in material or persistent breach of this Agreement or in the event that such breach can be remedied, the breach has not been remedied within thirty (30) days of written notice of such breach by one party to the other;
18.3.2 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
18.3.3 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
18.3.4 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company);
18.3.5 the other party (being an individual) is the subject of a bankruptcy petition or order;
18.3.6 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within fourteen (14) days;
18.3.7 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
18.3.8 a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
18.3.9 a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
18.3.10 any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 18.3.2 to Clause 18.3.9 above (inclusive);
18.3.11 the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
18.3.12 the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
18.3.13 We may terminate this Agreement with immediate effect by sending you a written notice to that effect in the event that:
18.3.13.1 any government or regulatory approvals for the use of the Tracking Unit, Driver ID Devices or the Services are withdrawn, suspended or amended at any time; or
18.3.13.2 you, or any Authorised User, persistently raise false alarms in circumstances where you or they had no reasonable grounds on which to believe that the Vehicle had been stolen or that genuine emergency or breakdown conditions exist.
18.3.14 You may terminate this Agreement with immediate effect by giving the notice detailed in Clause 19.3 (Our right to vary this Agreement).
18.3.15 Termination shall be without prejudice to the accrued rights of the parties as at the date of termination.
18.3.16 Clauses which expressly or by implication have effect after termination shall continue in full force and effect.

19 OUR RIGHT TO VARY THIS AGREEMENT
19.1. We have the right to revise and amend this Agreement from time to time to, for example, reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
19.2. This Agreement will not be varied unless:
19.2.1 a change is required to be made by law or governmental authority; or
19.2.2 we notify you of the proposed variation in writing and you do not exercise the right of termination detailed in Clause 19.3 below’
in which case the proposed variation will apply to this Agreement and any future provision of the Services to you.
19.3. You may terminate this Agreement if, within fourteen (14) working days of receipt of a notice given under Clause 19.2.2 above, you notify us that you wish to terminate this Agreement.

20 WRITTEN COMMUNICATIONS
20.1. Applicable laws require that some of the information or communications we send to you should be in writing.
20.2. When using the System Software , you accept that communication with us will be mainly electronic.
20.3. We will contact you by e-mail or provide you with information by posting notices on the System Software .
20.4. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

21 NOTICES/COMPLAINTS
21.1. If you are dissatisfied with the Services, please notify us in writing as soon as possible after the occurrence of the event you are complaining about. The procedure to follow when giving such a notice is set out below.
21.2. Upon receipt of such notice we will take all reasonable steps to investigate your complaint. We are, of course, happy to deal with day to day queries without a formal written notice, just call us on 0330 995 9990 and we will see what we can do to help.
21.3. All written notices given by you to us must be given to Crystal Ball by emailing notice@crystalball.tv or by sending by registered or recorded post to Crystal Ball’s registered office set out in Clause 1.2.
21.4. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 20 (Written Communications).

22 GENERAL
22.1. ENTIRE AGREEMENT: We intend to rely upon this Agreement and any document expressly referred to in it in relation to the subject matter of this Agreement. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
22.2. PRIVACY: Please note that any personal data which we are given, collect or record when providing or discussing the Services with you will be treated in accordance with our Privacy Policy (a copy of which is available on our Website at https://crystalball.tv/privacy-policy/.
22.3. WAIVER AND VARIATION:
22.3.1 No failure or delay in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. No waiver of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provisions.
22.3.2 No waiver of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to the other party in writing in accordance with Clause 21.3. (Notices / Complaints) above.
22.3.3 No amendment or variation of this Agreement shall be effective unless it is in writing and signed by the parties.
22.4. INVALIDITY OF TERMS: If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of this Agreement is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22.5. THIRD PARTY RIGHTS: A person who is not party to this Agreement shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
22.6 CONFLICT: In the event of any conflict between these Terms and Conditions and any terms provided in respect of the use of our Apps then, in respect of those Apps, the terms provided with the App shall take priority.
22.7. GOVERNING LAW AND JURISDICTION: This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of it or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English Law. It is understood and irrevocably agreed by you and Crystal Ball that any disputes, claims or any other matter (including non-contractual disputes or claims) that arise out of or in connection with this Agreement or its subject matter or formation will be dealt with by the Courts of England and Wales to the exclusion of any other courts or tribunals.