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+---
+title: Terms and Conditions
+---
+
+FIRE HAZARD WARNING
+===================
+
+MANY OF OUR DEVICES CONTAIN LI-ION BATTERIES AND MAY BE CLASSED AS DANGEROUS OR
+SPECIAL CATEGORY GOODS BY YOUR SHIPPING COMPANY. DO NOT TAKE THEM ON BOARD AN
+AIRPLANE WITHOUT DECLARING TO THE AIRLINE.
+
+\------------------------------------------------------
+
+This website is owned and operated by mVentory Ltd, a Limited Liability Company
+registered in Wellington, NZ.
+
+This document (“Terms”) sets out the terms and conditions upon which we offer
+you access to our services, software, hardware (“Devices”), and our website
+(collectively “Services”) via a regular Subscription.
+
+PLEASE READ THESE TERMS CAREFULLY BEFORE ENABLING OR INSTALLING ANY OF OUR
+DEVICES. BY CONTINUING TO USE OUR DEVICES OR ANY OF OUR SERVICES, YOU CONFIRM
+THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS IN THEIR
+ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT USE
+OR CONTINUE TO USE ANY OF OUR SERVICES.
+
+Starting the Subscription
+=========================
+
+The contract between you and us comes into existence from the moment we accept
+your order for our Services by notifying you in writing.
+
+Prices
+------
+
+The Subscription price is provided on our website or in our personalised quote
+to you and is a subject to change without prior notice.
+
+Cellular data is billed at the retail price of the selected provider.
+
+Payment dates
+-------------
+
+A single Subscription period for Services is set to 4 weeks.
+
+A single billing period for data is set to 4 weeks.
+
+All Services must be paid in advance before the start of the billing period. We
+reserve the right to suspend any Services not paid within 5 calendar days after
+the start of the billing period.
+
+Cost of collection of any outstanding fees is borne by you, including legal and
+debt collection agency fees.
+
+Devices
+=======
+
+The Devices supplied to your as part of our Services remain our property and
+must be returned to us.
+
+The images and technical specifications of the Devices in our sales and
+marketing materials may vary from the actual devices supplied to you if they
+serve the intended purpose.
+
+Device shipping
+---------------
+
+The cost of delivery is quoted on our website or in our personalised quote to
+you and is payable before any devices are shipped. The exact cost may vary
+depending on the destination and combination of the devices and their packaging.
+
+Devices must be returned within 5 working days after the end of the Subscription
+at your cost.
+
+Installation of our Devices
+---------------------------
+
+You will be responsible for installing the Devices at your property. While we
+provide instructions for installation of the Devices at your premises, it must
+be done a qualified person to mitigate the following known hazards:
+
+- use of ladders,
+
+- wind loading,
+
+- risk of injury or damage by falling Devices,
+
+- risk of fire from the Li-Ion batteries inside the Devices,
+
+- invasion of privacy by collecting data outside the boundary of your premises
+
+Only a qualified/certified electrician must install any Device which is to be
+wired to the electrical mains, or do any work which includes any wiring with
+another product which is connected to the electrical mains.
+
+You acknowledge and agree that to the fullest extent permitted by law we will
+have no liability to you for any damage caused to any property or person where
+you do not comply with this clause.
+
+Using other devices
+-------------------
+
+You MUST NOT connect our Devices to devices from other manufacturers even if
+they have compatible connectors. We will not be liable for any damage caused if
+you fail to do so.
+
+Warranty
+--------
+
+We provide full warranty for devices provided to you as part of our Services for
+the duration of the Subscription.
+
+Faulty devices are replaced at no cost to you. We reserve the right to provide a
+functionally similar replacement if the identical device is not available.
+
+No warranty applies if the faulty device has been:
+
+- tempered with, or
+
+- physically damaged, or
+
+- plugged into an incorrect power source, or
+
+- exposed to an excessive induction field, or
+
+- submerged in water or any other liquid, or
+
+- exposed to temperature over +45C°
+
+Out of warranty replacements
+----------------------------
+
+You must cover all shipping costs for missing or damaged devices unless it is a
+fault covered by the warranty.
+
+The replacement cost of every device is listed on our website or in our
+personalised quote to you and must be paid before any replacement is shipped and
+no later than 5 working days of the incident.
+
+Data Hosting Services
+=====================
+
+All photos, videos and data logs produced by our Devices in the course of
+providing you Services are hosted on remote servers. The duration of the hosting
+is limited to the duration of your Subscription.
+
+Hosting location
+----------------
+
+Your data may be hosted in multiple jurisdictions around the globe, and in more
+than one geographical location.
+
+Hosting duration
+----------------
+
+We will store your data and make it accessible to you for the duration of your
+Subscription only. This includes any logs and backups we may create.
+
+Data ownership
+--------------
+
+You have the full ownership of your photo and video recordings hosted by us.
+However, you give us the right, without any compensation or obligation to you,
+to access and use your data for the limited purposes of providing services to
+you, protecting you, improving existing and developing new products and
+services.
+
+We will not share your data with any third parties, unless legally required to
+do so or if we have a good faith belief that such access, use, preservation or
+disclosure is reasonably necessary to: (a) comply with legal process or request;
+(b) enforce these terms, including investigation of any potential violation
+thereof; (c) detect, prevent or otherwise address security, fraud or technical
+issues; or (d) protect the rights, property or safety of us, our users, a third
+party, or the public as required or permitted by law.
+
+Your rights to end your Subscription
+====================================
+
+You can cancel your Subscription any time by returning all our Devices or paying
+their replacement cost.
+
+If you want to cancel our services, you must:
+
+- notify us about the cancelation in writing
+
+- return our Devices in good working order or pay their replacement cost
+
+- pay any outstanding fees
+
+The cancelation becomes effective on the day when all devices are either
+delivered back to us or paid for.
+
+Where you cancel your Subscription, you will not be entitled to a refund of any
+Subscription fees paid, and any fees not paid by you will become immediately
+payable. We will not issue a refund for any unused portion of any monthly
+Subscription.
+
+You acknowledge that if you cancel a fixed term Subscription with a discounted
+rate the price of your Subscription will be recalculated at the standard monthly
+rate. You must pay the outstanding balance within 30 calendar days.
+
+Any refund will be paid by the method you used for the payment.
+
+Our rights to end your Subscription
+===================================
+
+We may end your Subscription if you fail to comply with these Terms or we can no
+longer deliver the Service at the agreed level. We may end the contract at any
+time by writing to you if:
+
+- you do not make any payment to us when it is due and you still do not make
+ payment within five [5] days of us reminding you that payment is due;
+
+- you do not, within a reasonable time of us asking for it, provide us with
+ information that is necessary for us to provide the Services, for example,
+ the correct delivery address; or
+
+- you do not, within a reasonable time, allow us to deliver to you.
+
+General provisions
+==================
+
+Intellectual property
+---------------------
+
+We are the owner or the licensee of all intellectual property rights in the
+software and hardware provided to you as part of the Services. Those works are
+protected by copyright, trademark, registered design and database right laws and
+treaties around the world. All such rights are reserved.
+
+The list of Open Source Licenses used in providing the Services is available on
+our website.
+
+You must not disassemble, modify, replace or circumvent any of the hardware or
+software provided by us. All devices remain our property and must be returned to
+us at the end of the Subscription.
+
+Consumer Law
+------------
+
+By accepting these terms, you certify that you act on behalf of a business
+entity and no consumer protection law applies.
+
+No reliance on information
+--------------------------
+
+The content produced by our Services (photo, video, reports and sensor data) is
+not intended to amount to advice on which you should rely. You must obtain
+professional or specialist advice before taking, or refraining from, any action
+on the basis of the provided content.
+
+Our Services are not intended to be used in mission-critical situations where
+loss of life or damage to health or property is expected.
+
+Service level agreement
+-----------------------
+
+We do not guarantee that our Services, or any content (or either of them), will
+always be available or be uninterrupted, or will be free from errors or
+omissions. We may suspend, withdraw, discontinue or change all or any part of
+our Services without notice. We will not be liable to you if for any reason our
+Services are unavailable at any time or for any period.
+
+Limitation of liability
+-----------------------
+
+Nothing in these Terms exclude or limit our liability for death or personal
+injury arising from our negligent or fraudulent misrepresentation, or any other
+liability that cannot be excluded or limited by law.
+
+We will not be liable to any user for any loss or damage, whether in contract,
+tort (including negligence), breach of statutory duty, or otherwise, even if
+foreseeable, arising under or in connection with:
+
+- use of, or inability to use, our Services and/or Devices; or
+
+- use of or reliance on any content provided or omitted by our Services.
+
+To the extent permitted by law, we will not be liable for:
+
+- loss of profits, sales, business, or revenue;
+
+- business interruption;
+
+- loss of anticipated savings;
+
+- liability to third parties;
+
+- wasted expenditure;
+
+- loss of business opportunity, goodwill or reputation;
+
+- any indirect or consequential loss or damage; or
+
+- loss of data
+
+You may use the Services only for lawful purposes. You may not use the Services:
+
+• in any way that breaches any applicable local, national or international law
+or regulation;
+
+• in any way which is false, misleading, libellous, defamatory, obscene,
+indecent, lewd, suggestive, harassing, or advocates harassment of another
+person, threatening, invasive of privacy or publicity rights, abusive or
+inflammatory, or otherwise objectionable, or may cause injury to any person or
+entity;
+
+• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent
+purpose or effect;
+
+• to transmit, or procure the sending of, any unsolicited or unauthorised
+advertising or promotional material or any other form of similar solicitation
+(spam); or
+
+• to knowingly transmit any data, send or upload any material that contains
+viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or
+any other harmful programs or similar computer code designed to adversely affect
+the operation of any computer software or hardware
+
+Safe harbour provision
+----------------------
+
+We are not liable for any recordings made or data collected by our Devices on
+your property. You acknowledge and agree that you shall defend, indemnify and
+hold us harmless against all claims, actions, proceedings, losses, damages,
+expenses and costs (including without limitation court costs and reasonable
+legal fees) arising out of or in connection with any claim brought against us by
+any third party as a result of any recordings made by any Devices installed on
+your property or as a result of you breaching this agreement.
+
+Our responsibility for loss or damage suffered by you
+-----------------------------------------------------
+
+We are not liable for your use of the Service other than in accordance with
+these Terms. You acknowledge and agree that we shall not be responsible for any
+claims, losses and/or damages incurred by you as a result of your combining a
+Device to materials/software not supplied by us or our representatives or
+modifying a Device, or where you use a Device other than in accordance with our
+instructions or the provisions of these Terms
+
+Other parties and rights transfer
+---------------------------------
+
+This contract is between you and us. No other party shall have any rights to
+enforce any of its terms.
+
+Changes to this document
+------------------------
+
+We reserve the right to make changes to any Services, policies, terms and
+conditions (including these Terms), at any time. You will be subject to the
+terms and conditions and policies in force at the time that you use the Service.
+
+Severability
+------------
+
+If a court finds part of this contract illegal, the rest will continue in force.
+Each of the clauses of these terms operates separately. If any court or relevant
+authority decides that any of them are unlawful, the remaining clauses will
+remain in full force and effect.
+
+Waiver
+------
+
+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 these Terms, 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.
+
+Applicable law
+--------------
+
+These Terms are governed by and interpreted in accordance with the laws of New
+Zealand, and the courts of New Zealand will have exclusive jurisdiction in
+respect of any dispute which may arise.
+
+Contacting one another
+----------------------
+
+Our primary point of contact is <[email protected]>. We may provide you an
+alternative point of contact as part of delivering our Services.
+
+We may contact you by phone or email you gave us in your Subscription details or
+in the course of providing you Services.
+
+Any phone conversations between you and us may be recorded for audit and
+training purposes.
+
+Words "writing" or "written" in these Terms include emails.