Drive Aware sim plan terms and conditions
Drive Aware SIM plan
SIM plans cost £9.99 per month, which includes:
- 2 GB data, plenty to power Drive Aware
- ALL network coverage with full UK roaming
- UK support
Right to cancel
You have the right to cancel your contract within 14 days without giving any reason. The cancellation period will expire after 14 days from you activating your Service. To exercise your right to cancel you must inform us of your decision to cancel your contract. You can do this by sending us an email at firstname.lastname@example.org
Effects of cancellation
If you activated any Drive Aware SIM services during the cancellation period, you’ll still be responsible for paying for any services you use, such as data used up to the date of cancellation. We will refund your initial monthly subscription fee, less any charges accrued for services.
We will make the refund without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel your contract
We will make the refund using the same means of payment as used for the initial transaction. You will not incur any fees as a result of the refund.
How do I return my Products?
Once you have cancelled your Drive Aware SIM contract, there is no need to return the Drive Aware SIM card to us. You will need to contact any hardware seller separately if you additionally plan to return your hardware product for a refund.
I have read and agree to the following:
This agreement covers the SIM and any services I use in my Drive Aware SIM Plan. It doesn’t cover any hardware equipment.
This agreement starts when I subscribe to a Drive Aware SIM Plan. You have the right to cancel it within 14 days without giving any reason. The cancellation period will expire after 14 days from you activating your Service. To exercise your right to cancel you must inform us of your decision to cancel your contract. You can do this by sending us an email at email@example.com
I may end it at any time thereafter by cancelling my subscription.
I’ll pay all charges (whether I use the SIM or not), due under this agreement. The minimum price for the services provided under this agreement is the cost of all the Drive Aware SIM Plan charges I incur when my Drive Aware SIM Plan is active. I must pay by auto-renewable subscription. We sometimes have to put up our charges or change our services during your agreement. If this happens, we’ll tell you beforehand. You can read more about this in section 7. If my device equipment is lost, damaged or stolen, I’ll still have to pay all the plan charges until I cancel my subscription. If someone finds or steals my device or SIM, I’ll have to pay any charges they run up until I tell Cheetah Advanced Technologies Ltd it’s been lost or stolen. Charges for using the SIM abroad may be a lot higher than UK charges.
Cheetah Advanced Technologies Ltd. may use and share my personal information as described in clauses 13 and 14 and use information about the type of calls I make to analyse the service we provide and for marketing purposes.
Drive Aware SIM Plan conditions
- What we mean
We, our or us – Cheetah Advanced Technologies Ltd.
You or your – the customer whose name appears on the account. Agreement – these conditions, the plan and the charges guide and any terms and conditions for any other products and services you choose to take out.
Charges – charges for services, as published in our Drive Aware SIM Plan charges or which we otherwise provide.
Network – the electronic communications systems we use to provide the services in the UK.
Services – the communications service you receive through the network and other services we may provide to you.
- Your agreement period
Unless we tell you otherwise, we’ll continue to supply you with the services included in your plan until we or you end this agreement in line with clause 11. If this agreement ends early, you must still pay all the plan charges due. This applies when this agreement comes to an end in clause 11, except if: • we end this agreement under clause 11a; or • you end this agreement under clause 11b; or • we end this agreement because we are permanently unable to provide the services to you.
- Services and coverage
a. We will try to give you the services when you want them. However, due to the nature of mobile technology, it’s impossible to provide a fault-free service.
b. Services and content services you enjoy in the UK may not be available when you’re abroad.
- Using the services – the rules
a. It’s your responsibility to make sure you keep to this agreement, and you follow our instructions on using the services – even if someone else is using your equipment.
b. You must never use your equipment or the services for anything we would consider is abusive, illegal, fraudulent, or a nuisance.
c. You’re not allowed to sell all or any part of the services to anyone else. The services must only be used for your personal non-commercial use.
d. We’ve allocated you a phone number on the network. This number does not belong to you and is non transferrable. We may need to change your phone number or other number. We will let you know if this is the case.
e. The SIM, and the software within it, belongs to us and we license it to you so you can use the services. We may change your SIM or tell you to return it at the end of this agreement. If you need a replacement SIM, we will charge you the going rate in our most current charges guide.
f. If you use your equipment to access the internet, we accept no responsibility for any content or services you access.
g. You must only use equipment which is approved for connection to the services.
a. You must pay your bill by auto-renewable subscription. Charges for the services will be automatically collected within seven days of the date on your bill. VAT will be included if it applies.
b. If you owe us any money beyond your due date, and you do not have valid reasons for disputing the payment, we may charge you interest. We charge interest daily at the rate of 2% above the base rate of Barclays Bank each year. We may charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.
- Losing your equipment
If your SIM or equipment is lost or stolen, you must tell us as soon as possible so we can stop someone else using it. You’re responsible for all charges up until the time you report it missing to us. You must also continue to pay all the plan charges for the minimum period.
- Changing charges and terms
a. We may change or introduce new charges. If we increase our charges, we’ll publish the changes on our website and give you at least 14 days’ notice.
b. We may change or withdraw services at any time and we may change or introduce new terms to this agreement at any time. If we do, we’ll give you at least 30 days’ notice of these changes unless we believe such changes will not disadvantage you or which you don’t regularly use. If these changes are to your material detriment, you have a right to end this agreement under clause 11b and we’ll tell you if you do.
- Data limit, deposit and part payments
a. We may set a monthly data limit on your account. You may be able to go over your limit, but if this happens, you must pay all charges.
b. If there’s a significant increase in your usage between bills, we may contact you and possibly ask for a part payment so you can continue to use the services.
- Suspending our services
a. We can suspend or restrict your use of any of the services if: • we believe your equipment or the services are being used in a way we do not allow under this agreement; • you have not kept to this agreement (for example, you fail to pay any charges when due); • we have asked you for a deposit or part payment which you’ve not paid; • you go over your call or internet limit; • we believe that this agreement was entered into fraudulently or you got the use of any number, equipment or services in an unauthorised, illegal, or fraudulent way; • you tell us that your equipment has been lost or stolen; • you become bankrupt or make any arrangement with creditors or go into liquidation or an administration order is made or a receiver is appointed over any of your assets; • you do anything (or allow anything to be done) which we think may damage or affect the operation of our network or services; or • the emergency services tell us to, or a law or regulation is passed which means we need to do so.
b. We will try to tell you when we suspend or restrict your use, but we do not have to.
c. When we suspend or restrict your use, this agreement will continue and you still have to pay all charges due during any period when we suspend or restrict the service.
- Credits if there is a failure of the service
If there is a technical fault on the network that means you can’t use all the services for three days in a row, we’ll credit you for the plan charge for the period the service was not available.
- Ending this agreement
a. Either you or we may end this agreement by giving the other 30 days’ notice in writing. Your notice must include your original order number and your registered email address. You must pay all plan charges during the notice period.
b. You may end this agreement by writing to us if:
• we don’t do something fundamental that we should have done under this agreement (for example, if there is a complete failure of the entire UK network for seven days in a row due to something we have done), within seven days of you asking us in writing;
• we tell you that there will be an increase in the plan charge (calculated before the addition of VAT or other levy) and you write to us within one month of us telling you about the increase;
• we change this agreement to your material detriment. This includes (i) increasing charges which has the effect of increasing your total charges (based on your usage in any of your last 3 bills) by more than 10% when compared with the charges 12 months prior to the increase; or (ii) changing or withdrawing services. We will tell you if this is the case. You need to write to us within one month of us telling you about the change, withdrawal or increase.
c. We may end this agreement at any time by writing to you if:
• you do anything (or allow anything to be done) which we think may damage or affect the operation of our network;
• within seven days of us asking you in writing, you do not do something fundamental that you have to do under this agreement (for example, pay the charges when they are due); or
• we are permanently unable to provide the services to you.
d. When this agreement comes to an end:
• we will disconnect your equipment from our network
• you will have to pay immediately all charges you owe on the date we disconnect your mobile equipment from the network. This applies when this agreement ends, except if:
– we ended this agreement under clause 11a; or
– you ended this agreement under clause 11b; or
– we ended this agreement because we were permanently unable to provide the services to you. In these three situations you do not have to pay all the plan charges until the end of the month.
- Liability and exclusions
a. We are legally responsible to you if our negligence causes death or personal injury. We will not be legally responsible to you for:
• loss of income or profits;
• loss of use of the services;
• lost business or missed opportunities; or
• any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into this agreement with you.
We will not be legally responsible to you if we cannot provide the services because of something outside of our reasonable control.
b. Except for fraud or where our negligence causes death or personal injury, we will not pay more than £150 or 150% of the charges in the previous 12 months, whichever is higher, for each claim or a series of related claims. c. The terms of this agreement will not affect any rights which you may have under any law and which we cannot exclude under any agreement.
- Personal information
a. We may use your information to:
• manage your account, carry out customer-care activities and train our staff, including monitoring calls, emails or text messages that you send us;
• monitor the quality and security of the network and test and maintain our IT systems;
• analyse your use of the services to better improve our service.
- Credit-reference and fraud-prevention agencies
a. You can ask us about how we use your details for fraud prevention when you take out this agreement. We may also use any information we hold to trace debts and assess claims. If you don’t pay us in full, and on time, we may tell credit-reference agencies who will record the debt.
b. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud-prevention agencies. Law enforcement agencies may access and use this information.
a. We may transfer this agreement to anyone at any time. However, you can’t transfer this agreement to anyone unless we’ve agreed in writing beforehand. We will not unreasonably refuse this request.
b. If you or we fail to enforce our rights under this agreement, it will not prevent you or us from taking further action.
c. A person who is not a party to this agreement has no right to benefit under or to enforce any terms of this agreement.
d. When you use your equipment, your device’s number may be shown to the equipment being contacted. We’ll send you notices by post or other form of electronic message and will assume for notices by post that you have received them 48 hours after we have sent them. We’ll send all bills and notices electronically to the email address you have given. You must tell us about any changes to your email address. If you want to write or email us, please use the address shown on our DriveAware.app website.
e. If you have a complaint, please contact us. We will do our best to fix your issues. You or we may bring legal proceedings in a court in the UK to resolve a dispute under this agreement.
f. This agreement is under English law, unless: • you live in Scotland, in which case, it will be governed by Scots law.
Registered in Scotland number SC187332 at Birchbrook House, Doune Road, Dunblane, FK15 9ND.
Version 2021.1 updated January 2021.