TERMS AND CONDITIONS OF USE

TERMS AND CONDITIONS OF USE

WatchOvers Limited is a company incorporated in Republic of Ireland with company number 549807 and having its registered office at Charleville House, Firhouse Road, Knocklyon, Dublin 16. Ireland.

Set out below are the terms and conditions (the “Terms”) you are agreeing to when you use (however you access it including from a mobile device) the WatchOvers Limited websites, www.WatchOvers.com, www.WatchOvers.ie, www.WatchOvers.co.uk, www.WatchOvers.eu and for the purpose of this User Terms and Conditions, the WatchOvers Mobile Applications, henceforth collectively referred to as (the “Site”).

The terms and conditions below are applicable to all Products and Services unless otherwise indicated and any additional terms and conditions specifically related to services will be agreed to at time of purchase.

You should read, and ensure that you understand, all of the Terms prior to using the Site. If you do not agree to be bound by these Terms then you should not use the Site.

These are the terms of use for WatchOvers Limited, herein referred to as WatchOvers, in relation to the website, online account, Applications, herein also referred to as Apps, and services provided at www.WatchOvers.com and all WatchOvers domains, herein referred to as Watchovers Website. WatchOvers is comprised of various Web pages operated by WatchOvers. The WatchOvers Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WatchOvers Web Site constitutes your agreement to all such terms, conditions, and notices. Use of the internet and this website is at your own risk.  Please read carefully.

WatchOvers use up to date technologies and maintains rigorous security standards and procedures with a view to preventing unauthorised access to your data. However, messages and information passing over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. The confidentiality of such communications cannot, therefore, be guaranteed and you should not divulge personal information over the internet unless you are using a secure or encrypted communications technology.

General

We may change our prices, fees, the Products and Services and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, we will consider that you have accepted the changes. You may not modify this Agreement for any purpose.

WatchOvers may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

You will receive an email from WatchOvers as soon as practicable after you have confirmed your Order and made the payment. If you have any questions regarding your Order you may contact our Customer Service Team. Please note this email does not constitute acceptance of your Order by us but only confirms our receipt of your Order.

If your Order is not accepted by WatchOvers, we will notify you by telephone or email and arrange for a full refund of any payment made by you.

WatchOvers may, in its sole discretion, accept or reject any order or offer made by you for any reason (or for no reason), including an error in the advertised price for, or description of, goods or services on the website, or an error of any kind in or relating to your Order.

Any representations made at any time about stock availabilities are accurate to the last known stock level and are subject to change. If WatchOvers cannot supply any particular goods, we will notify you as soon as possible.

You agree to pay all charges associated with the Products and Services including, but not limited to, Product purchase charges, installation charges, monthly service charges, monthly subscription charges, technical support charges and service call charges. We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in government taxes, fees or assessments, in which case we may elect not to provide notice except where required by law.

Unless otherwise specified by WatchOvers, you must pay on or before the day we install the products for all of the product and installation costs. However, we do not waive our rights to collect the full balance owed to us by accepting partial payment. Technical support and monitoring services where applicable are provided to you on an agreed basis.

If you fail to pay the full amount due for any or all of the Services then WatchOvers, at its sole discretion in accordance with applicable law, may suspend or disconnect any or all the Services you receive.

If you intend to dispute a charge or request a billing credit subject to applicable law, you must contact WatchOvers within forty five (45) days of the date on the bill or the date of payment. You waive any disputes or credits that you do not report within forty five (45) days.

You agree to allow us, our agents and contractors the right, at reasonable times, and on reasonable notice, to enter your property upon which the Products and/or Services will be provided (the “Premises”), for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Products and/or Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to provide us or our agent, if requested, the owner’s name, address and contact number and/or evidence that the owner has authorised you to grant access to us and our agents to the Premises.

The Products will be installed in the Customers Premises. You agree to allow us access to the Premises for the purpose of installing and/or maintaining the Products. At your request, we may relocate the Products in the Premises or to another premises for an additional charge, at a time agreeable to you and to us.

WatchOvers accepts no responsibility for product performance issues directly resulting from the self-installation by the Customer. We will charge you Time travel and material costs for any rectification required as a result of any customer self-install related problems Customer training provided to self-install customers will be charged as per our pricing schedule.

The Service provided does not include visits to the Premises (or additional time spent at the Premises) for the purpose of: (a) rectifying any failure or malfunction of the system and/or the Service caused directly or indirectly by accident, neglect, misuse (other than for the use for which it was intended) or by adverse environment conditions, electrical current fluctuations (including failure of electrical power) broadband or wifi issues, or deliberate damage resulting from reckless, negligent or careless conduct (including omission) by you or resulting from wear and tear other than in respect of any failure or malfunction resulting from fair wear and tear.

WatchOvers reserves the right to refuse you customer support for the Services and/or terminate Service(s) if you use a Non-Recommended Product, Installation or Configuration. You also agree that you will not attach anything to the Products which singly or together impairs the integrity of our Services.

You agree to indemnify, defend and hold harmless WatchOvers and its agents, affiliates and suppliers against all claims and expenses (including reasonable legal fees) arising out of the use of the Products and/or Services and/or the Customer Equipment or the breach of this Agreement or any of the applicable WatchOvers policies by you or any other user.

This Agreement and the Services furnished hereunder may not be assigned by you. WatchOvers may freely assign our rights and obligations under this Agreement with or without notice to you.

WatchOvers guarantees the hardware installed by WatchOvers, its employee’s affiliates or agents for a period of 12 months or longer where specified, from the date of purchase. We will replace faulty parts and ensure the system is operational. In no circumstances will you be covered if equipment is broken or damaged by you or a 3rd party. This warranty excludes batteries in the case of unreasonable use as determined by WatchOvers. In the case of self-install, we provide the same warranty except where the failure is a result of incorrect installation. WatchOvers provide a number of service, technical support, extended warranty and monitoring plans, all of which are optional.

Damage to any device, sensor or detector by a third party or by the home owner is not covered under the service agreement and call outs are chargeable. Any call outs relating to broadband like connectivity, changes in broadband setting, new Wi-Fi devices or changes made to the settings of your router by your broadband provider is not covered under any service or other agreement or terms and conditions. Smart Home Devices have a 12 month warranty or longer where specified.

WatchOvers shall not be bound by any undertaking, representation or warranty made by an agent or employee of WatchOvers or of our underlying third-party providers and suppliers in connection with the installation, maintenance or provision of the Services, if that undertaking, representation or warranty is inconsistent with the terms of this Agreement. WatchOvers is not responsible for any services, equipment, infrastructure and content that are not provided by us and we shall have no liability with respect to such services, equipment, infrastructure and content.

Nothing contained in this Agreement shall be construed to limit WatchOvers rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, WatchOvers and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on WatchOvers or its suppliers’ servers or systems. We shall have no liability whatsoever as the result of the loss of any such data.

WatchOvers, it’s employees or agents may remotely access your Apps, products and control panels in order to facilitate essential maintenance and/or upgrades and provide support.

You are responsible for giving us any necessary information and for ensuring that emergency instructions, settings and phone numbers and contact details provided by you are accurate to allow us to provide support and service in accordance with the terms of any contract, terms and conditions. Emergency instructions relating to an alert will be subject to the relevant Emergency Service Provider’s policy. WatchOvers accepts no responsibility or liabilities for any alert not sent or received.

The warranty does not extend to parts, materials or equipment supplied to you by persons other than us and we will not be liable for any defect arising from: (a) failure by you to follow instructions given by us or from misuse of the Product; (b) the undertaking of work on the Product (including alteration, reinstallation, moving, relocation, conversion or adaptation or repair of the Product) by persons other than us; and/or (c) fair wear and tear.

You acknowledge that we are not an insurer and that we shall have no liability whatsoever for any loss suffered by you at the Premises or to the contents of the Premises. We make no guarantee or warranty that the Product and/or the Service will avert or prevent occurrences or the consequences of occurrences which the Product and/or the Service are intended to detect. Notwithstanding this, should we be held liable for any loss, damage, expense or injury arising out of or in connection with any defect or malfunction of the Product and/or the provision of the Service or in respect of any failure, interruption, or restriction of the Product and/or the Service caused by any act, omission or negligence of ours, our total aggregate liability (whether in contract, tort or otherwise) shall not exceed fifteen thousand euro (€15,000).

We shall have no liability to you under any circumstances for any special, consequential or indirect loss whatsoever, or for any economic loss (including loss of profits, loss of business, depletion of goodwill or loss of business opportunity) even if we have been advised of the possibility of such losses. We will make good any damage to the Premises caused by us in the course of installation of the Productor performance of the Service. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and we will have no obligation to perform work to restore the Premises to its pre-installation condition after the removal by us of product in accordance with the terms.

By downloading our mobile applications, you warrant that you are 13 years or older or the relevant legal age in your country, and have the right, authority and capacity to enter into and be bound by these Terms.

WatchOvers Limited (“we”, “us”, “our”) does not represent that any material on the Site is appropriate for use in locations other than the Republic of Ireland/United Kingdom and will not be liable for any losses incurred as a result of such use. If you choose to access the Site from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.

By submitting information to the Site, you agree that, whilst we may contact you in relation to the information you have provided, we are not obliged to provide you with any particular service.

We make no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on the Site. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on the Site is at your own risk.

We have taken every care in the preparation of the content of the Site, however we cannot guarantee uninterrupted and totally reliable access to the Site, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and will accept no liability for any loss or damage arising as a result of problems with access.

We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on the Site.

Certain (hypertext) links in the Site may lead to other websites, which are not under our control. When you activate any of these you will leave the Site and we have no control over and will accept no responsibility or liability for the material on any website which is not under our control.

We may make software owned or operated by third-party companies available to you. You must only use this software in accordance with the terms and conditions imposed by the third-party provider.

Your correspondence or participation in promotions, or business dealings with advertisers or our trade partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or trade partners.

We may suspend the Site at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.
We reserve the right to alter these Terms from time to time by posting new terms and conditions on the Site.

If any provision of these Terms is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of these Terms shall not be affected.

All liability is excluded to the maximum extent permitted by law including any implied terms.
Nothing in these Terms shall, whether directly or indirectly, give or be deemed to give any enforceable benefit of any kind to any third party as against us.

Any failure or delay by us to enforce any of these Terms shall not be considered a waiver by us of our right to enforce such term or condition of these Terms.

Prohibitions of Use

We prohibit the use of the Site for any unlawful purpose. In addition to this, you agree not to use, nor allow any person under your control to use, the Site for the following purposes:
posting any incomplete, false or inaccurate information; posting any information which is subject to confidentiality provisions (implied or express); posting any information which, in our reasonable opinion, we consider to be defamatory, offensive, obscene, threatening, racist, sexist or discriminatory; deleting, amending or in any way altering any material which has not been posted by you; posting materials which are not your own work (in whole or in part) without having the consent of the original author; or making use of the Site and/or the materials in a way which infringes the intellectual property rights of any other party.

In the event that we consider that you are making any illegal and/or unauthorised use of the Site and/or your use of the Site is in breach of these Terms, we reserve the right to take any action that we deem fit, including terminating your use of the Site without notice and with immediate effect and, in the case of illegality, instigating criminal proceedings.
Notwithstanding any other provision of these Terms, we may, at any time and for any reason, terminate these Terms with you and deny you access to the Site.

Intellectual Property

The Products and Services, including but not limited to any firmware or software embedded in the Products or used to provide the Services, are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Products or used to provide the Services. You expressly agree that you will use the Products exclusively in connection with the Services. You shall not take any action nor allow anyone else to take any action that will reverse compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

The copyright and all intellectual property rights of whatsoever type in relation to the Site and in the material contained on the Site, together with the website design, images and source code, belongs to us and all rights and entitlements are reserved.

You warrant and indemnify that you are the owner, or alternatively that you have obtained the necessary consent(s) from the owner(s), of all and any material that you post on the Site.

You grant to us a non-exclusive, perpetual, irrevocable, royalty-free licence to use any material that you post on the Site in accordance with these Terms.

You warrant and indemnify that you will neither, excluding where necessary to provide same to any parents, guardians or other appropriate persons connected to the user, (a) resell, transfer or provide to any other person the use of or access to the Site; nor (b) allow any other person access to any password, user ID or account information held by you in connection with the Site.

We grant to you a non-transferable, non-exclusive, revocable, royalty-free licence to view and print the content of the Site for your personal and non-commercial use only.

In order to use our WatchOvers Services, you must register and install the WatchOvers or other Apps. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person.

You agree and understand that you are responsible for the confidentiality of your password which, together with your user name, allows you to access your account. If you become aware of any unauthorised use of your user information, change your password and notify us immediately at Support@WatchOvers.com

Data Protection and Privacy Policy

We reserve the right to collect, transfer, process and sell information relating to the use of the Site and obtained directly or indirectly from information collected by us, and by using the Site you consent to the collection, transfer, processing and sale of all such information by us, in accordance with our Privacy Policy for the time being.

Governing Law

These Terms shall be governed by and construed in accordance with laws of Republic of Ireland and the parties submit to the jurisdiction of the courts of the Republic of Ireland. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

By accepting these Terms you submit to the non-exclusive jurisdiction of the relevant courts.

Modification of these terms of use

WatchOvers reserves the right to change the terms, conditions, and notices under which the WatchOvers Web Site is offered, including but not limited to the charges associated with the use of the WatchOvers Web Site. Any and all changes to these terms, conditions and notices will be posted on our site. You are deemed to have accepted and have agreed to be bound by any changes when you use our website after those changes are posted.

We have the right to change our Products, Services, rates or charges, at any time with or without notice subject to applicable law. However, in the event that we change product or service charges we undertake to give you 30 days advance notice of these changes. If you find a change in the Service(s) unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Service(s).

Our WatchOvers Services are intended for use as Health and Safety, location and communication devices.  However, the Services are not a failsafe security system.  Therefore, proper safety precautions should always be used with children and other users, despite the use of our WatchOvers Service.

Our WatchOvers devices are constantly collecting and transmitting data, such as location data.  Such detailed data collection and use is critical to the successful operation of our Services.

Our tracking devices are intended to be worn and used by children and other users. By providing the device to a child or other user, you represent and warrant to WatchOvers that you are such child’s parent or guardian, and or are authorised, legally or otherwise, by or for them, or the other user to enable and permit WatchOvers to operate our Services and collect and use the information from the child/user as stated in these Terms and conditions and our Privacy Policy.

In order to use our Services, you will need to download and install our WatchOvers Apps or other Apps. WatchOvers hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the WatchOvers App solely on devices and web browser installations that you own or manage. You represent and warrant to us that you have the right to install and operate the WatchOvers App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices from WatchOvers on any part of our WatchOvers Services. You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service. You may uninstall the WatchOvers App at any time by deleting it from your device in the same manner that you delete similar apps.

WatchOvers may change, update or otherwise modify our WatchOvers Apps or other Apps or the software on the WatchOvers or other Devices at any time. If we do so, you may have to download a patch or new version in order to continue using the WatchOvers Services. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the WatchOvers Apps or other Apps or the WatchOvers Devices.

Liability disclaimer

The information, software, products, and services included in or available through WatchOvers web site and app may include inaccuracies or typographical errors. changes are periodically added to the information herein. WatchOvers and/or its suppliers may make improvements and/or changes in WatchOvers web site and app at any time. advice received via WatchOvers web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation, WatchOvers and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the WatchOvers web site and app for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. WatchOvers and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall WatchOvers and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of WatchOvers web site, with the delay or inability to use WatchOvers web site and app or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through WatchOvers web site and app, or otherwise arising out of the use of the WatchOvers web site and app, whether based on contract, tort, negligence, strict liability or otherwise, even if WatchOvers or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the WatchOvers web site and app, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the WatchOvers web site and app.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WatchOvers as a result of this agreement or use of the WatchOvers Web Site. WatchOvers performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WatchOvers right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WatchOvers Web Site and APP or information provided to or gathered by WatchOvers with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WatchOvers with respect to the WatchOvers Web Site and APP and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WatchOvers with respect to the WatchOvers Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Email and Text alerts and App notifications may be sent to the email address(es) and mobile number(s) you provided on registration. As alerts are not encrypted, we will never include your password in an email or text message. Anyone with access to your email or mobile phone will be able to view the content of these alerts.

We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert or for any actions taken or not taken by you or any third party in reliance on an alert. No warranty is given that the website and APP shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

Your email address(es) may be added to our newsletter subscribers list automatically when you register your account. You can unsubscribe from our newsletter at any time.

By providing us with your e-mail address(es) and mobile phones numbers, and downloading our App, you agree to receive all required notices electronically, to that e-mail address and or mobile phone numbers.

 

Mobile Services

Quality of Service

We will provide our services within our mobile operator’s network area but it’s always possible that the quality or coverage may be affected at times. We will always try to make WatchOvers services available to you. However, our services are only available within our mobile operator’s coverage area. Within this, there may be areas where you do not have access to all our services or where coverage is limited or unavailable.

There may be situations when our services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:

(i) When our mobile operator needs to perform upgrading, maintenance or other work on their network or their services;

(ii) When you are in areas not covered by our mobile operator’s network. In these cases, our mobile operator’s services rely on other operators’ networks where they have no control; and

(iii) Because of other factors outside their control, such as the features or functionality of your device, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.

We shall not be liable for any failure to deliver our services.  No warranty is given that the services shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

Monthly Subscription

We charge our subscription to your account monthly in advance, on the first day of every month. Your first payment will be charged pro-rated, from the date you first subscribe to the end of that first month. Consequently, your 1st bill may be for a partial period in arrears in addition to your monthly charge in advance. All payments thereafter will be charged monthly in advance on the 1st day of each month.

We reserve the right to change the subscription debit date subject to us giving you at least 14 days’ notice of any change.

We do not issue monthly bills for your subscription nor do we issue you with a detailed bill of voice and data usage.

Where your mobile bundle usage or fair usage has been exceeded, we reserve the right to charge you/debit your account with 1 additional months subscription in your regions currency at the same monthly subscription rate for each usage limit level exceeded.  Your account will be charged/debited as the time that the bundle limits have been exceeded. Your talk-time minutes, SMS and data are bundled, if your talk-time minutes limit is exceeded and your service is suspended, your SMS and data is suspended also.

Any monthly unused minutes or data are not carried forward and are not refundable. No part refund is payable where an account is closed during a monthly charging period.

You are liable for all charges for all our services which are accessed using the SIM which are accessed using your device(s), whether our services are accessed by you or by another person, with or without your permission. If any of the SIMs or your device(s) are lost or stolen (either separately or with any of your devices), you remain responsible for all the charges to your account until you contact us and arrange for your SIM(s) and device to be deactivated.

If you fail to pay your account on time or fail to top-up when required we may suspend or disconnect you without further notice. You will have to pay any outstanding charges and (where applicable) a cancellation or a reconnection fee.

Your agreement starts when we connect you to our service. The time frame for initial connection is when you power on your Device for the first time.

You can cancel your subscription at any time by emailing support@watchovers.com requesting cancellation. We will deactivate your SIM card and your subscription from the end of that months’ billing cycle. Part monthly subscriptions cannot be refunded.

To reactivate your SIM card, simply re-subscribe and forward a copy of your subscription confirmation email to support@watchovers.com and we will reactivate your SIM card within 1 business day.  Reactivation administration charges may apply in your regions currency at a rate of 1 months subscription.

Each SIM may only be used in the device it is supplied in. Each SIM may only be used to avail of the specific services subscribed to or for which the SIM was provided. Any attempt to use the SIM in other devices may result in damage to the device and may prevent you from being able to use it, including the making of emergency calls. In these instances, we are not responsible for any such damage or usage problems.

The software in the device and all intellectual property rights in that software are owned by the device manufacturer and you are being allowed to use the software on a limited licence from the device manufacturer.

For our Always roaming SIM cards, in order to provide the best mobile signal, the SIM card is a “European” SIM card with a Spanish or a Dutch mobile phone number. All calls to the Spanish SIM card from outside Spain will be charged by your mobile/landline operator at their tariff for calling Spain. All calls to the Dutch SIM card from outside the Netherlands will be charged by your mobile/landline operator at their tariff for calling the Netherlands. Always roaming SIM cards will not roam from network to network in the country they are issued such as Spain or the Netherlands. As our devices are not intended for long communications, the cost of calling the device should not be significant for general use.

The 31 countries with no roaming charges when using our Always roaming SIM cards are; Austria, Belgium, Bulgaria, Croatia, Cyprus Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom and the United States.

Fair Usage Policy

In order that customers can be assured that services will always be available when required for our devices when used correctly, WatchOvers implement our fair usage policy based on a multiple of the usage of our highest using customers, as estimated by us from time to time by monitoring your usage.

Our Fair Usage Policy applies to unlimited services on a per calendar month basis, for tracking and SOS emergency services up to 500MB of Data, up to 500 texts and up to 500 call minutes to landlines and mobile phones. Any usage outside these services is a breach of our fair usage policy.

Where WatchOvers reasonably suspects that you have failed to comply with any of the provisions of this agreement, we reserve the right to charge customers who persist in using the service where such usage has been deemed excessive, or to suspend, at our absolute discretion, modify or restrict your use of the service or to disconnect your access to the service and/or terminate this agreement without prior notice and with immediate effect. If the SIM card is deactivated, your telephone number may not be available to you in the future and you will not be able to access or use the service.

You agree to use the SIM card in the device it was provided with for the purpose of using only the services and features required by the device. The SIM card is not to be used with any other device or equipment or used for any other services other than those services and devices approved for use by WatchOvers.

Suspension/Disconnection of WatchOvers Services

WatchOvers have the right to change or suspend all or part of the Service where we reasonably determine that any technical modification or change in our trading, operating or business practices or policy is necessary to maintain or improve the Service which we provide to you, including: (a) interrupting or suspending the Service due to an emergency, for the purposes of repair, maintenance, improvement or because of technical problems or other operational reasons; (b) where there is any change or amendment to any law or regulation which applies to our trading, operating or business practices or policy; and/or (c) where, in our reasonable opinion, it is otherwise necessary or desirable to do so. You agree that such changes do not constitute changes to the contractual conditions of the Service.

We may suspend or disconnect any or all of the WatchOvers services you use without notice if:

(i) We believe your device or SIM has been lost or stolen;

(ii) We receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you are using our services in any prohibited or illegal manner;

(iii) We are required to suspend your services by the authorities;

Where usage exceeds 500 talk-time minutes, our service will be suspended automatically. Where our data and SMS usage limits are exceeded we reserve the right to suspend our services automatically.

If we reasonably believe that your account may be used for fraudulent or illegal activity based on your usage pattern, we may suspend or disconnect our services.

 Other terms

This agreement is governed by Irish law. Each of us agrees to only bring legal actions about this agreement in an Irish court.

Complaints

If you are unhappy about any aspect of our services, you should contact WatchOvers Customer Care at www.watchovers.com/help/contact/

We will fully investigate any complaint in accordance with our complaints handling policy, after which we will contact you with our findings.

 

Returns, Cancellations & Faulty Goods
When you purchase online or by phone you have a statutory right to return unopened goods (other than perishable or customised) up to 14 calendar days after receiving your order: this is the cooling off period. (European Directive on Distance Selling). If you change your mind before your order is dispatched, we will endeavour to change or cancel it once you notify us. If the order has been dispatched, you can return the unopened goods to us and we will organise a refund (excluding delivery cost).

Faulty Goods
In the event that a manufacturing fault occurs within the warranty period, please inform us of this as soon as possible and we will provide you with a replacement product.

Any breakages/damages must be reported within 24 hours of delivery. Please include your order/invoice reference number and email returns@watchovers.com

Cancellations
If you change your mind before your order is dispatched, we will endeavour to change or cancel it before it is dispatched once if you notify us. If the order has been dispatched, you can return the unopened goods to us, and we will organise a refund (excluding delivery cost). Contact us – with your order reference number at orders@watchovers.com

Returns
Should you wish to return your product, the return will be dealt with on the following conditions:

Please contact WatchOvers and obtain the prior consent of WatchOvers for the return, using the returns enquiry form available upon request from WatchOvers. This should be completed and returned to WatchOvers. Following WatchOvers consent to the request, this enquiry form will be returned to the Customer giving details of handling charges to be applied, if any (see below). This form should be signed (acknowledging acceptance of any conditions) and returned to WatchOvers with the relevant product.

The product must be returned to WatchOvers in an unused condition and in their original packaging within 14 days of receipt of the goods, stating the relevant invoice/order number. The cost of return shall be borne by the Customer.

All products are returned at the Customer’s risk and WatchOvers accepts no responsibility for any loss or damage to them.

Delivery and other charges cannot be credited or refunded and will be deducted after the appropriate handling charge is applied.

All correspondence relating to products returned must be in writing by e-mail to returns@watchovers.com

Products must be packaged appropriately to protect the product, clearly labelled, and returned using registered delivery.

Products accepted for return will be credited at invoice value, excluding packaging and delivery charges. If the product packaging has been damaged but the product remains in an unused condition, a €20.00 handling charge will apply. Determination of packaging damage is at the discretion of WatchOvers’ representatives.

 

5^th July 2022