Terms and conditions
Welcome to Theo
Thank you for choosing Theo. You are just steps away from driving freedom!
The Theo Device records driving data, high quality video footage, and is equipped with Advanced Driver Assistance Systems (ADAS) and Intelligent Voice. Through connection with the central Theo platform, the Theo Device transforms your vehicle into a connected mode of transport, whilst at the same time helping to keep you safe.
Theo will update regularly, introducing new services and improving existing functionality both in the App and the Theo Device.
Theo Services are all provided in an easy to use App which keeps you informed and updated on your driving experience, whilst providing you with control of how we use your data to contact you. For more information on how we handle your data please see our Privacy Policy.
In these terms, we will refer to the Theo Device, the App and the Theo Services collectively as Theo Products and each, separately, as a Theo Product.
Information about these terms
What these terms cover
These are the terms and conditions on which we:
- Install and supply the Theo Device;
- Provide the Theo Services through the Theo Device and the Theo App.
IMPORTANT NOTICE
Your safety is your responsibility. Theo will not be responsible for your driving, and you must comply with the local laws and codes, wherever you are driving, at all times.
Although Theo in certain circumstances will contact the emergency services, never rely on Theo to call emergency services on your behalf.
The Theo Services rely on GPS and SIM card connectivity. Theo Services that rely on GPS and SIM card connectivity may not be available while there is no connectivity. It may take some time for the SIM card and GPS to be connected when you switch on the engine (this is similar to the delay when you first switch on a mobile phone).
Why you should read these terms.
Together with our Privacy Policy (which can be found at https://drivetheo.com/pages/privacy-policy) please read these terms carefully before you submit your order to us.
These terms tell you:
- who we are;
- how we will provide Theo Products to you;
- how you and we may change or end our contract;
- what to do if there is a problem and other important information.
If you think that there is a mistake in these terms, that they require any changes, or if there is anything else you would like to know, please contact us to discuss.
Contacting us
Please visit our contact page at https://drivetheo.com/pages/contact-us for details on how to contact us.
How we may contact you
If we have to contact you we will do so via the App, via live chat, via the phone, by writing to you via email or post.
Information about Theo
We, us, our or Theo means Theo (a trading name of ThingCo Limited). ThingCo is a company registered in England and Wales under company number 11106355 with registered address 15th Floor, 6-8 Bevis Marks, London, EC3A 7BA. Our registered VAT number is 295111116. Authorised and regulated by the Financial Conduct Authority in respect of regulated claims management activity FRN: 912352.
Placing your order
How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for your purchase. This might be because the Theo Device is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Theo Products or because we are unable to arrange installation in the location you have specified.
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK
Our website is solely for the promotion of our Theo Products in mainland UK (including Northern Ireland). Unfortunately, we do not accept orders from or deliver to addresses outside mainland UK (with the exception of Northern Ireland).
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
What’s Included
The Theo Device is a next generation device which offers telematics, high quality camera, ADAS underpinned by artificial intelligence and intelligent voice, a state of the art communication platform built on AWS with serverless technology, and an App for customer engagement and interaction. All you need is a working motor vehicle.
The Device
The Theo Device records outward facing video footage with a microphone embedded into the Theo Device recording audio. This means that the Theo Device will pick up voices within the vehicle. This data will only be passed to the Theo central platform in the event of an alert or a video request via the Theo App. Your Theo Device will speak to you in English.
The software running on the Theo Device may be updated from time to time by us and/or by the manufacturer.
Installation
The Theo Device is not suitable for self-installation. These Terms are valid when fitted by one of our professional engineers. Before your appointment with our engineers, please ensure your vehicle:
- has at least 2 metres of space in front of where the device will be fitted;
- the passenger and driver side are on an even level and there is space to open the driver and passenger doors; and
- is parked in a safe place to allow the engineer to safely work.
Change of Vehicle
If you want to change your Theo-fitted car or make any changes to your windscreen, please contact Customer Services to book a re-installation. Please be aware fees may be applicable. If you want guidance on how you can remove the Theo Device please contact us.
Theo App and Theo Services
- Accident assistance: Impact triggered assistance in the event of an accident, confirmed via intelligent voice from the Theo Device - Emergency services may be contacted in high g-force impacts. PLEASE NOTE: when intelligent voice in the device is in operation it is recommended that you switch off any entertainment in the vehicle to make best use of this feature;
- Lane departure warning: Real-time safety alerts from the Theo Device when moving lane without indicating;
- Forward collision warning: Live safety alerts from the Theo Device when driving too close to the vehicle in front;
- Rewards for safer driving: Potential rewards for driving safely, such as driving at safe speeds;
- Video downloads: Up to 5 video downloads to the Theo App per month, of up to 60 seconds per video;
- Journey details: Mapped details of previous completed driving trips, with tailored commentary on how to drive more safely.
Your Theo App will be continuously updated. Please ensure you have an updated version for full use of the Service.
Summary of your legal rights
We are under a legal duty to supply products that are in conformity with our contract with you. If you want independent advice about your rights, you can speak to the Citizens Advice 03454 04 05 06 or visit their website www.citizensadvice.org.uk.
Your rights to change your mind or to cancel our contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
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How long do you have to change your mind?
This depends on what you have ordered….
Have you bought a Theo Device?
- You can return a Theo device within 21 days of purchase, provided it has not been installed, is unused and in good condition. However, there will be a charge for fitting the Theo Device if you cancel or miss your installation appointment without giving us at least 24 hours’ notice.
- After the Theo Device has been installed, you will no longer be entitled to a refund if you change your mind.
Have you signed up for a subscription to Theo Services?
If so, you have 14 days after the day you sign-up for Theo Services to change your mind and cancel your subscription for Theo Services and get a refund.
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You want to end the contract because of something we have done or something we said we are going to do
If you are ending a contract for a reason set out at a) to d) below the contract will end immediately and we will refund you in full for any Theo Products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about a significant detrimental upcoming change to the Theo Product or these terms which you do not agree to (see section 7);
- we have told you about an error in the price or description of the Theo Product you have ordered and you do not wish to proceed;
- there is a risk that supply of the Theo Products may be significantly delayed because of events outside our control; or
- we have suspended supply of the Theo Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
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You just don’t want to carry on with the contract anymore, but you are outside of the window to change your mind
You can cancel your Theo Services at any time by contacting us.
Please ensure that you cancel at least ten working days before payment is due to be taken to avoid being charged for the next month. If you cancel in the last ten days of the billing period, the Service will end the month after. We will refund any advance payment you have made for Theo Products which will not be provided to you.
The SIM card stored within the Theo Device remains the property of ThingCo. Upon cancellation you are required to return the sim card to; failure to return the sim to the specified address will result in charges in line with the fees and charges section. Please contact us for details on how to return the sim card.
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What are your remedies if we do something wrong?
If you buy a Theo Device from us
The Consumer Rights Act 2015 says these goods must be as described, fit for purpose and of satisfactory quality.
Our goodwill guarantee
These Terms reflect the goodwill guarantee offered by ThingCo Limited of England to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. Your statutory rights under the Consumer Rights Act 2015 are not affected by this guarantee.
The Theo Device you purchased from us is guaranteed for one year from the date that the Theo Device was first installed into your car by one of our professional engineers.
Within this one-year period, if the materials or parts develop a fault then we will repair or replace the Theo Device free of charge as long as the Theo Device has not been tampered with in any way or damaged in any way, including damage from an accident.
This guarantee only applies to Theo Products we provide and not to other unrelated faults with your car. If a fault develops with your car which is not related to our Theo Device or our Installation Services, we are not responsible for any repairs or the costs involved.
If your Theo Device develops a fault you should contact us as soon as possible. We may also contact you if we remotely detect an issue that affects your Theo Device or services.
If you buy services from us, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
- If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
How to End the Contract with Us (including If You Have Changed Your Mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at service@drivetheo.com .Please provide your name, home address, details of the order and, where available, your phone number and email address.
You may also need to return Theo Products to us…
Your Refund
Where you are entitled to a full or partial refund. We will refund you the price you paid for the Theo Products, by the method you used for payment.
If you are exercising your right to change your mind before your Theo Device has been installed, then your refund will be made within 14 days from the day on which we receive the Theo Product back from you.
Our Rights to Make Changes
Minor changes to the Theo Products
We may make changes to the Theo Products and we may suspend their supply:
- to deal with technical issues or make minor technological changes that may or may not be requested by you;
- to reflect changes in relevant laws and regulatory requirements which may dictate the way in which we provide our services and information to you, but if we do so we will notify you in advance; and
- to implement minor technical adjustments and improvements, for example to address a security threat to our digital content or the Theo Device itself.
Your rights if we suspend the supply of Theo Products.
We will contact you in advance to tell you we will be suspending supply of the Theo Services, unless the problem is urgent or an emergency. If we have to suspend the Theo Services for longer than 30 days we will adjust the price so that you do not pay for Theo Services while they are suspended. You may contact us to end the contract for a Theo Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for such Theo Services in respect of the period after you end the contract.
We aim to provide continual access to the Theo Services however there may be periods, such as during updates, where Theo Services may be temporarily unavailable.
Installation
Installation costs.
The costs of installation will be included in your Theo Device price as displayed to you on our website.
If you order a Theo Device.
If you order a Theo Device we will arrange for it to be installed as soon as reasonably possible and we will contact you within 1 days of you registering your device to arrange an installation date.
If you subscribe to Theo Services.
We will supply the Theo Services to you until your subscription expires (if applicable) or the contract is ended.
If you order one-off installation services, because you change your car or your windscreen.
We will begin the installation services on the date agreed with you during the order process.
We are not responsible for delays outside our control.
If our supply of the Theo Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Theo Products you have paid for but not received.
If you do not allow us access to provide installation services.
If you cancel or miss your installation appointment as arranged without giving us at least 24 hours’ notice, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your vehicle we may end the contract.
When you become responsible for the Theo Device.
The Theo device, which is defined as Goods will be your responsibility from the time the Theo Device is delivered to you.
When you own goods.
You will own the Theo Device (apart from the Theo SIM card) once we have received payment in full for the Theo Device.
Price and Payment
Theo will take an initial payment for the Device and fitting, with a monthly subscription to access Theo Services.
Where to find the price for the Theo Products
The price of the Theo Products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Theo Products advised to you is correct. However please see below for what happens if we discover an error in the price of your order.
We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the Theo Products, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the Theo Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Theo Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Theo Products' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
When you must pay and how you must pay.
When you must pay depends on what Theo Product you are buying:
You must pay when you purchase the Theo Device.
When you subscribe for Theo Services, you must pay the Services subscription fee on a monthly basis, in advance. The monthly subscription will continue to be taken from your credit/debit card unless you notify us that you want to cancel your contract.
We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong.
If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest only on correctly invoiced sums from the original due date.
Our rights
We have the right to cancel your agreement at any time if you don’t make your monthly payments. You will be notified if we cancel your agreement and any remaining monetary balance will be payable.
We reserve the right at our sole discretion to refuse the service for a customer.
Our Responsibility for Loss or Damage Suffered by You
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Theo Products as summarised in section 5 including the right to receive goods which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective goods under the Consumer Protection Act 1987.
When we are liable for damage to your property.
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses.
We only supply the Theo Products for domestic and private use. If you use the Theo Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We cannot guarantee that the Device will always record everything. We are not responsible for any accidents that occurs. Our Theo Device is not a replacement for your own careful driving.
Complaints
Theo always aims to provide the highest level of service but if you feel this hasn’t been the case, please tell us. If you would like to raise a complaint, please contact us using the details on our contact us webpage (https://drivetheo.com/pages/contact-us).
We will contact you with a final decision within eight weeks of receiving a complaint. If your complaint relates to regulated claims management activities and you are not satisfied with the outcome you have the right to complain to the Financial Ombudsman using the following contact details:
Telephone- 0800 023 4567
Email- Complaint.info@financial-ombudsman.org.uk
Post - Financial Ombudsman Service, Exchange Tower, London, England, E14 9SR
Conditions
Personal use only
Theo is intended for personal use only and must not be resold.
Interference with Theo Products
You must not interfere or try to copy the Theo Products in any way.
Theo Products may vary slightly from their pictures
The images of the Theo Device on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours accurately reflects their colour.
Updating details
To ensure access to the Theo Products, please advise us of any changes to your contact details.
Other Important Terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract OR We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Theo Products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Theo Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Theo Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Theo Products in either the Northern Irish or the English courts.
