1. Company details. Centre for Infrastructure and Asset Protection (CIAP), a division of the SmartWater Group Limited (02875523) (we and us), is a company registered in England and Wales and our registered office and main trading address is at Partnership House, Telford, TF2 9TZ, United Kingdom. (We/Us) Our VAT number is GB297413670.
2. Contacting us. To contact us telephone our customer service team at 0333 320 7797 or email enquiry@smartwater.com.
3. The SmartTrace HT® Pack (Pack) includes:
• 1 x SmartTrace HT forensic liquid.
• 2 x oval interior vehicle windscreen SmartWater deterrent labels.
• 1 x oval weather resistant vehicle SmartWater deterrent label.
• 1 x registration and applicationa instructions.
4. Once you have registered Your Pack as described in clause 2.6, Your local dealer will apply the SmartTrace HT forensic liquid to the catalytic converter and apply the SmartWater deterrent labels to Your vehicle.
5. In consideration of You being supplied with a SmartTrace HT Pack (contents described under clause 3.1) by your local dealer as part of an initiative to prevent catalytic converter theft, You agree to the following terms and conditions (Terms).
6. The Pack is supplied to you under license (License), at no cost to You for a period of 2 (two) years (Licence Period) from date you register the product on the ISO27001 accredited National Database of Catalytic Converters (Database).
7. During the License Period:
(i) Your registration details are maintained on the Database;
(ii) You have a non-exclusive right to display the SmartWater deterrent labels supplied in Your Pack on Your vehicle, in accordance with these Terms.
8. Your catalytic converter is not fully protected without registering your Pack on the Database. It is your responsibility to register Your Pack at www.smartwater.com/registration, prior to application of SmartTrace HT forensic liquid by Your dealer to Your vehicle.
9. Your Licence will only commence once all the required and correct information is provided to Us as required by the online registration process for the Database. You will receive a confirmation email to confirm your registration has been accepted.
10. The SmartTrace HT and SmartWater names and logos relating to the Pack supplied are the property of or are licenced to Us (SmartWater Intellectual Property). Other than as expressly provided in these Terms, you shall have no rights to display the SmartWater Intellectual Property in any other way except as described in these Terms.
11. We warrant that:
(a) SmartTrace HT is detectable for a period of 5 (five) years from date of application, subject to such application having been done in accordance with Our application instructions; and
(b) Your vehicle and personal registration details will be maintained on the Database for the duration of the Licence Period.
12. We will not, except in respect of death or personal injury caused by our negligence, be liable to You by reason of any representation or implied warranty, condition or other term or any duty at common law, or under these express Terms for any loss or damage (whether occasioned by Us, Our agent’s or otherwise ) arising out of or in connection with any act or omission relating to the supply to You, the application by Your dealer or the use or display by You of the SmartTrace HT or the contents of the Pack.
13. We shall have no obligations or liability in connection with the tracing and identification of stolen property which has or may have been marked with the SmartTrace HT supplied to You or the inability for such tracing and identification to successfully take place.
14. You consent that We may write to You 30 days prior to the end of the License Period inviting You to renew Your license for a further period, for a fee.
15. You have no obligation to renew as per clause 4.1. However, if you decide not to renew, at the end of the Licence Period:
(a) Your vehicle and personal registration details will be removed from the Database; and
(b) You will no longer be entitled to display on your vehicle the SmartWater branded deterrent labels supplied with Your Pack.
(c) You must immediately remove all SmartWater branded deterrent labels from Your vehicle.
16. Information on how we collect and use your Data can be found here: Data Usage Policy
17. When We refer to “in writing” in these Terms, this includes email.
18. Any notice or other communication given by one of Us to the other under or in connection with these Terms must be in writing by email to enquiry@smartwater.com
(a) We may assign or transfer Our rights and obligations under these Terms to another entity but will always notify You in writing if this happens.
(b) You may only assign or transfer Your rights or Your obligations under these Terms to another person if we agree in writing.
19. Any variation of these Terms only has effect if it is in writing and signed by You and Us (or Our respective authorised representatives).
20. If We do not insist that You perform any of Your obligations under these Terms, or if We do not exercise Our rights or remedies against You, or if We delay in doing so, that will not mean that We have waived Our rights or remedies against You or that You do not have to comply with those obligations. If We do waive any rights or remedies, We will only do so in writing, and that will not mean that We will automatically waive any right or remedy related to any later default by You.
21. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22. These Terms are between You and Us. No other person has any rights to enforce any of its terms.
23. The License is the entire agreement between Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
24. These Terms are governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.
