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”).

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

By downloading our mobile applications, you warrant that you are 13 years or older 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 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 Service, you must register and install the WatchOvers App. 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.

Our Watchovers Service is intended for use as a location and communication device.  However, the Service is 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 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 the our Services, you will need to download and install the WatchOvers App. 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 the WatchOvers App or the software on the WatchOvers 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 App 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 relies 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 has been exceeded, we reserve the right to charge you/debit your account with 1 additional bundle in your regions currency at the rate of £2.95/€2.95 for each usage limit level exceeded.  For example, if your bundle includes 30 minutes talk and you use 80 minutes during a month, you will be charged an additional 2 bundles in your regions currency at a rate of £2.95/€2.95 per each additional bundle.  Your account will be charged/debited as the time that the bundle limits have been exceeded. Your talk-time minutes and data are bundled, if your talk-time minutes limit is exceeded and your service is suspended, your 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 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.  There is no charge for your first deactivation and reactivation. You can deactivate a 2nd time but for any subsequent reactivation’s there is administration charge in your regions currency at a rate of £2.95/€2.95.

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.

In order to provide you with no roaming charges anywhere within 31 European Countries and the USA, the SIM card is a “European” SIM card with a Spanish mobile phone number based in Spain. All calls to the SIM card from outside Spain will be charged by your mobile/landline operator at their tariff for calling Spain.  As the device is 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 the Liberty watch 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.

Suspension/Disconnection of WatchOvers Services

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 300 talk-time minutes, our service will be suspended 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:

  1. 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.
  2. 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.
  3. All products are returned at the Customer’s risk and WatchOvers accepts no responsibility for any loss or damage to them.
  4. Delivery and other charges cannot be credited or refunded, and will be deducted after the appropriate handling charge is applied.
  5. All correspondence relating to products returned must be in writing by e-mail to returns@WatchOvers.com
  6. 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.

27th September 2017