Terms & Conditions
Total Visage Consultants Ltd.
Terms of Business
1. Definitions:
1.1 In these Terms, expressions used herein shall be as defined overleaf or otherwise as defined below:
‘Vehicle Recovery Service’ means the service provided by Total Visage of alerting the Subscriber to unauthorised movement of the Subscriber’s vehicle, such service to be provided in respect of
certain Products only as set out on the Form, the Vehicle Registration Form (or such other document as may
be providedby Total Visage);
‘Equipment’ means the equipment supplied by Total Visage and installed in the Vehicle by a Total Visage
approved installer;
‘Form’ means the printed order form for the Total Visage Services and/or any welcome letter sent to the
Subscriber from Total Visage;
‘Network’ means the radio communications network and/or GPS/GSM in the Territory operable in
conjunction with the Equipment;
‘Police’ means any Officer, Detective, Chief Constable, Commissioner of Police, Police Force, Police Authority, or equivalent in
the relevant country, or any of their respective servants or local law enforcement officers;
‘Product’ means the category of Equipment provided by Total Visage in respect of the Total Visage Services as set out on the Form, the Vehicle Registration Form (or such other document as may be provided from time to time by Total Visage);
‘Service’ means the service provided from time to time by Total Visage or its agent, in co-operation with the
Police, for the location of stolen vehicles in the area;
‘Subscriber’ means the person whose application for the Total Visage Services has been accepted by Total Visage
or Total Visage’s agent;
‘Subscriber Procedures’ means the set of instructions and procedures to be followed by the Subscriber in
order to ensure the proper operation of the Total Visage Services;
‘Subscription Period’ means any period for which the Subscriber has paid the Subscription Charges as set out on the Form, the Vehicle Registration Form (or such other document as may be provided from time to
time by Total Visage);
‘Territory’ means the country or countries in which each Product and the Total Visage Services can by used by the Subscriber as set out on the Form and Total Visage’s Website from time to time;
‘Total Visage’ means Total Visage Consulting (Canada) Limited, of 107-8380 Saint George Street, Vancouver, BC Canada V5X 3S7;
‘Total Visage Services’ means the vehicle tracking, alarm notification and ignition disabling service (as applicable) provided by Total Visage in accordance with these Terms;
‘Total Visage’s Website’ means the website located at www.totalvisage.com or as otherwise notified by Total Visage to the Subscriber;
‘Vehicle’ means the vehicle belonging to the Subscriber in which the Equipment is installed.
‘Vehicle Registration Form’ means the printed form(s) upon which the Subscriber registers
their Vehicle details and such other information as Total Visage may request from time to time;
‘Warranty Period’ means 12 months from the date of installation of the Equipment in
respect of car, truck, SUV, pick up, etc vehicles.
1.2 Reference in these Terms to the singular number includes the plural and vice versa, and to the
masculine gender includes the feminine. Headings to clauses are included for ease of reference and shall not
affect the interpretation of these Terms. References in these Terms to clauses are references to clauses of
these Terms.
2. Provisions of the Total Visage Services
2.1 Within a reasonable time after installation of the Equipment, the Service (and if applicable the
Additional Services) will be available to the Subscriber. The Alert Service will be available eight hours (at the earliest) after installation of the Equipment.
2.2 Subject to these Terms, Total Visage will use all reasonable endeavors to maintain the Total Visage Services available to the Subscriber for the Subscription Period.
2.3 Subscriber agrees and undertakes to observe and comply with all Subscriber Procedures provided to
the Subscriber upon installation of the Equipment.
2.4 Upon becoming aware, or suspecting, that his Vehicle has been stolen, the Subscriber must
immediately take the following steps:
(a) notify the Police and obtain a police crime reference number or equivalent validation from the local
Police in respect of the theft; then
(b) inform Total Visage, quoting the police crime reference number or equivalent validation from the local
Police and indicating which Police have been notified.
Total Visage will then verify with the Police that the Vehicle is officially logged as stolen, and if so, will activate the Equipment for the purpose of location of the Vehicle. A Vehicle shall be treated as stolen for the purposes of Total Visage activating the Equipment and providing the Service only if it is so officially logged.
Neither Total Visage nor the Police will be liable for any damage of whatever nature arising out of or incidental to the Subscriber’s failure to follow the above steps or any other instructions by Total Visage for use of the Service.
2.5 Regardless of the manner in which the Subscriber becomes aware of the recovery of the stolen Vehicle, it remains the responsibility of the Subscriber to report the recovery of the stolen Vehicle as soon as possible to the Police and Total Visage in order to ensure the Equipment is de-activated.
2.6 Where the Subscriber has subscribed for the Alert Service, Total Visage will use its reasonable endeavors to monitor for signals transmitted by the relevant Equipment indicating unauthorized movement of the Vehicle. Upon detecting such signals Total Visage will seek to make contact with the Subscriber to alert him that it has received such signals, using the contact details provided to it by the Subscriber. If the Subscriber has reason to believe that the Vehicle has been stolen he shall immediately follow the procedure, and comply with Total Visage’s instructions, as set out in clause 2.4. Owing to the nature of wireless communication Total Visage does not warrant that it will receive any signals transmitted by the Equipment; nor, having received the signals, that it will be able to make immediate, or any, contact with the Subscriber.
2.7 Total Visage reserves the right, should Subscriber action or inaction result in the Alert Service transmitting repeated false alarm signals including false movement alerts or false driver validation alerts to Total Visage, to charge the Subscriber a reasonable additional fee for its time and costs in following up such alarms, and/or to terminate the Total Visage Services.
2.8 Due to the many factors outside its control, Total Visage does not warrant or guarantee that the Total Visage Services will lead to the location of the Subscriber’s stolen Vehicle and Total Visage will not be liable, and the Subscription Charges shall not be refundable to the Subscriber, should the Total Visage Services fail to locate the Subscriber's stolen Vehicle except where the failure is due to the negligent act or omission of Total Visage. Total Visage will guarantee the performance of the product that in the event the Subscriber's vehicle is stolen, consequently recovered and the brain of the unit is deemed to be faulty (not as a result or non power, tampering, installation error or lack of signal) then Total Visage will refund the full purchase price. Said Subscriber is required to return the brain for initial testing. Upon testing and deeming the brain was faulty and the lack of retrieval was not caused by other mitigating factors, Total Visage will issue a refund within 30 days of confirmed brain failure to the Subscriber at the Subscriber's preferred method of refund.
2.9 If the Subscriber uses the Total Visage Services for any purpose other than the location of the
Subscriber’s stolen Vehicle and/or other than in accordance with these Terms, and Total Visage suffers loss as a result, Total Visage shall be entitled to claim damages in accordance with the general rules of local laws and will be entitled to terminate these this agreement and to terminate Total Visage Service.
3. Subscribers
3.1 All Subscription Charges and other payments under these Terms are payable in advance as set out on the Form, the Vehicle Registration Form (or such other document as may be provided from time to time by Total Visage). The initial Subscription Period commences on the date of the installation of the Equipment, or where a Vehicle already containing the Equipment is transferred to a new owner, on payment of the Subscription Charges by that new owner. The agreement created by these terms shall immediately cease if the Subscriber ceases to be the owner of the Vehicle.
3.2 In the case of a monthly subscription and subject to payment of the monthly Subscription Charges, the Subscription Period will continue for rolling monthly terms until the Subscriber or Total Visage terminates the subscription. A monthly subscription requires the establishment of a direct payment facility from a debit or credit card.
3.3 In the case of a fixed term subscription, the Subscription Period will run for the term set out on the
Form. After the initial Subscription Period, the subscription may be renewed for further terms as agreed
between the parties.
3.4 Total Visage will notify the Subscriber at least one month prior to the expiry of any Subscription Period of any variation in Subscription Charges and these Terms and such changes shall take effect on the date upon which the subscription is renewed, should the Subscriber choose to renew.
3.5 The availability of the Total Visage Services shall be conditional at all times upon compliance by the Subscriber with these Terms. In the event of any serious breach of these Terms, including any default in the payment of Subscription Charges, Total Visage shall be under no obligation to provide the Total Visage Services and may terminate these Terms in accordance with clause 9.
3.6 The Subscriber accepts that his subscription to the Total Visage Services in no way mitigates
his duty to take reasonable steps to keep the Vehicle secure, to obtain adequate insurance for
the Vehicle or to comply with the Subscriber Procedures.
4. Police
4.1 The Service is provided in conjunction with the Police. However, the Police are not obliged to use the Network and use of the Network by them will vary with, and be subject to, other operational demands on them. The Police have full discretion as to their use of the Network for the location of stolen vehicles and are under no obligation to the Subscriber in respect of the Network.
4.2 Nothing in these Terms imposes in relation to the duties of policing upon the Police any legal duty of care or entitlement greater than or different from that owed to the public at large, or any undertaking that the Police will continue to participate in the operation of the Network.
5. Equipment Warranty
5.1 If the Equipment becomes inoperative or develops faults by reason of defective components,
workmanship or design within the Warranty Period, Total Visage or Total Visage’s agent will, on return of the Equipment to the original installer or an approved Total Visage installation center as applicable, (at the installer's option) repair or replace the Equipment free of charge. Total Visage shall have no such obligation if the Equipment (or its installation) has been tampered with, modified, repaired (except by persons authorized by Total Visage) or has otherwise been subject to misuse or accident. As a consumer the Subscriber has certain rights under law regarding the return of defective goods and these Terms shall not affect the Subscriber’s rights under law. If you require any advice or assistance Total Visage suggests the Subscriber contacts their local branch of the citizens’ advice bureau who should be able to help.
6. Limitation of liability
6.1 Total Visage shall not be liable under these Terms for any loss or damage that was not caused by any breach on the part of Total Visage or Total Visage’s employees or agents.
6.2 Total Visage shall not be liable under these Terms for any loss or damage caused by Total Visage or Total Visage’s employees or agents in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach. Total Visage shall not be liable for any losses related to any business of the Subscriber such as loss of profits, business or revenue.
6.3 Nothing in these Terms shall affect the Subscriber’s rights under law as a consumer.
6.4 Nothing in these Terms shall be taken to limit Total Visage’s liability for personal injury or death resulting from its negligence.
6.5 Should any one or more of the provisions contained in these Terms be declared invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
7. Assignment
7.1 These Terms are personal to the Subscriber and relate exclusively to the Vehicle. Unless Total Visage agrees otherwise these Terms may not be assigned to any third party, nor may the Equipment be removed from the Vehicle. Total Visage may assign these Terms , provided that the rights of the Subscriber and the level of Service are not diminished.
8. Suspension of Total Visage Services and Force Majeure
8.1 Total Visage may, at its sole discretion and without liability, at any time suspend the Total Visage Services (in whole or in part) if a technical failure affects the provision of the same or if any modification or maintenance is being carried out to the Network, or if changes to the Total Visage Services are required by any governmental or regulatory authority, or if the Network operator ceases to trade.
8.2 Neither Total Visage nor the Subscriber shall be liable for any delay in performing or any failure to perform any of its obligations under these Terms caused by events beyond their control (“force majeure”) including, but not limited to, act of God, insurrection or civil disorder, civil disobedience, war or military operations, national or local emergency, acts or omissions of government, highway, regulatory or other competent authority, unofficial or otherwise unlawful industrial action of any kind, fire, severe weather. The functioning and coverage of the GPS/GSM networks are matters beyond Total Visage's reasonable control.
9.Term and Termination
9.1 Either Total Visage or the Subscriber shall be entitled to terminate the Total Visage Services in the event that the Sother party is in serious or persistent breach of these Terms, including any default in the payment by the Subscriber of the Subscription Charges, and (where capable of remedy) such breach has not been remedied within 30 days of a notice requiring remedy.
9.2 Total Visage may change or add to these Terms and/or the terms on Total Visage’s Website which detail the Territory, for security, legal or regulatory reasons or to reflect changes to the Total Visage Services by notifying the Subscriber in writing during the Subscription Period. Total Visage will give the Subscriber at least one month's notice of any changes or additions and the Subscriber may within one month after the service of such notice give one week’s notice in writing terminating these Terms if Subscriber reasonably considers that Subscriber has been disadvantaged by the change.
9.3 Termination shall be without prejudice to the accrued rights of the parties as at the date of termination. If the Subscriber wishes to terminate these Terms the Subscriber must notify Total Visage in writing to the address referred to in clause 10.1.
10. General
10.1 Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at the contact address specified on the Form, the Vehicle Registration Form (or such other document as may be provided from time to time by Total Visage) or such other address as has, at the relevant time, been notified to the party giving the notice. If sent by mail such notice shall be deemed to have arrived 3 working days after posting or if sent by facsimile transmission 12 hours after transmission. If such notice is delivered personally or by courier to the address it shall be deemed to have been received with immediate effect.
10.2 These Terms should be read in conjunction with the terms on Total Visage’s Website setting out the Territory. All Total Visage Services and Equipment provided to the Subscriber by Total Visage are subject to these Terms together with any previous written or oral representations given or made by Total Visage or any representatives of Total Visage.
10.3 These Terms shall be governed by the relevant Canada/USA/Mexico law and are subject to the jurisdiction of the relevant courts of Canada/USA/Mexico.
11. DATA PROTECTION NOTICE
.. Your Information
Who We are
Your electronic information
If you contact us electronically, we may collect your electronic identifier e.g. Internet Protocol
(IP) address or telephone number supplied by your service provider.
How we use your information and who we share it with
Your information includes data about your transactions.
We may use and share your information with other members of the Group to help us and them:
Assess financial and insurance risks;
recover debt;
prevent and detect crime;
understand our customers’ requirements;
develop and test products and services.
We do not disclose your information to anyone outside the Group except:
where we have your permission;
where we are required or permitted to do so by law;
to other companies who provide a service to us or you; or
where we may transfer rights and obligations under this agreement.
We may transfer your information to other countries. If we do this we will ensure that anyone to
whom we pass it provides an adequate level of protection.
From time to time we may change the way we use your information. Where we believe you may
not reasonably expect such a change we shall write to you. If you do not object to the change
within 60 days, you consent to that change.
Call monitoring and recording
We may monitor and record telephone calls in order to improve our service and to prevent and
detect fraud.