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Terms and Conditions |
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.
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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.
The contract between you and us comes into existence from the moment we accept your order for our Services by notifying you in writing.
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.
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.
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.
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.
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:
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use of ladders,
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wind loading,
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risk of injury or damage by falling Devices,
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risk of fire from the Li-Ion batteries inside the Devices,
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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.
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.
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:
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tempered with, or
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physically damaged, or
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plugged into an incorrect power source, or
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exposed to an excessive induction field, or
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submerged in water or any other liquid, or
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exposed to temperature over +45C°
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.
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.
Your data may be hosted in multiple jurisdictions around the globe, and in more than one geographical location.
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.
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.
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:
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notify us about the cancelation in writing
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return our Devices in good working order or pay their replacement cost
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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.
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:
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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;
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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
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you do not, within a reasonable time, allow us to deliver to you.
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.
By accepting these terms, you certify that you act on behalf of a business entity and no consumer protection law applies.
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.
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.
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:
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use of, or inability to use, our Services and/or Devices; or
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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:
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loss of profits, sales, business, or revenue;
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business interruption;
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loss of anticipated savings;
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liability to third parties;
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wasted expenditure;
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loss of business opportunity, goodwill or reputation;
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any indirect or consequential loss or damage; or
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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
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.
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
This contract is between you and us. No other party shall have any rights to enforce any of its terms.
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.
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.
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.
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.
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.