Terms and Conditions - The Watch
The following Terms and Conditions apply from the 1st February 2018
We want you to find using and buying from this site easy and satisfactory. We need to let you know the terms and conditions you are accepting, simply by using, purchasing or creating an account from this website. When you order any product from this site, or simply access the website, please be aware that you are agreeing to all the terms and conditions we’ve described below. Please read them, so you’re fully informed.
We will endeavour to keep these Terms and Conditions up-to-date on our website. If we make a significant change, we may contact you to let you know or post an announcement on our website.
Here’s a summary of some important terms:
1. CUSTOMER SERVICE
Aspis 8 Ltd takes its relationships with customers very seriously, and we expend a great deal of effort ensuring that we keep you happy. We aim to reply to emails within one working day of receipt. All your feedback is appreciated.
If you need to reach us, please email us on firstname.lastname@example.org or write to us at:
Aspis 8 Ltd
Company No: 10138675
2. 1 YEAR CONTRACT.
a. You agree to enter into a 1 year SIM (mobile phone) contract with Aspis8 Ltd.
b. After 1 calendar year, the contract will roll over on a month by month basis until it is either cancelled or renewed for a further year.
c. Cancellation: Early cancellation will incur cancellation charges including the balance of the contract remaining. Cancellation after the 1 year contract period will require 30 days notice. If you are experiencing financial difficulties, please contact us to see how we can help.
d. Direct debit payments are handled for us by Go Cardless Ltd. Your monthly invoice/Direct Debit includes your agreed monthly network SIM fee, which is subject to a minimum period of 12 months, plus all call charges at the standard network rate of 25p per minute (this does not include additional charges for premium rate numbers). This is a flat fee that applies globally. You will not be charged any additional fees (such as roaming charges) for connecting to other networks in different countries.
e. If you default on your monthly payments and are unable to come to an arrangement to pay off the balance, we reserve the right to pass the debt onto a third party debt collection agency.
3. PROVISION OF SERVICE (SIM CARD)
a. The Aspis 8 included multi network SIM card must be activated within 60 days of delivery.
b. The Aspis 8 watch and Aspis 8 free app will only work once the SIM is activated.
c. For the general Terms and Conditions of the SIM card please contact Wireless Logic by emailing: email@example.com
d. We will provide the Service to you, and you will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care. However, the Service is not fault free and we will not be liable to you if it is impaired by geographic, atmospheric, network traffic or other conditions or circumstances beyond our control, including but not limited to the following:
i. The Service is subject to Network coverage and is not available in all geographic locations.
ii. The Network may from time to time require upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.
iii. We may exercise our discretion, using reasonable skill and care, to refuse to provide any part of the Service to you. This may involve barring certain numbers from the Service on a temporary or permanent basis, in circumstances where it is necessary for us to do so.
iv. We will use reasonable endeavors to maintain Content, but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. You accept that we will not be liable for any action you take in reliance on Content as a condition of us allowing you access to such Content.
e. Aspis8 Ltd (or our agents where relevant) reserve the right to:
i. Restrict access to certain elements of the Service and
ii. Vary Content and/or the technical specification of Service from time to time.
f. Occasionally we may need to:
i. Temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for your security.
g. All use of our services will be subject to our Fair Usage Guidelines. We may suspend or terminate your access to our services in the event that you breach our Fair Usage Guidelines.
4. Your Use Of The Service
a) You must provide us with a current email address and contact details. You must maintain this email address and advise us promptly of any changes to it. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
b) Your use of the Services must be for your private, personal and non-commercial purposes. Only Aspis8 Sims can be used in Aspis8 products. These products must not be used for:
i. For any form of automated usage of mobile services;
ii. In such a way that adversely impacts the network service;
iii. Fraudulently, illegally or in breach of any law or statutory duty;
c) To make a call or send a message, to take a picture or video or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;
d) To cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
e) Other than in accordance with acceptable use policies of any connected Networks and any relevant Internet standards;
f) To persistently send unsolicited communications,
g) and you shall, at all times:
i. Ensure the information you have provided to us in is accurate and up-to-date; and
ii. Comply with these Terms and Conditions and any other supplemental terms and conditions which may be set out in marketing material or on aspis8.com from time to time;
iii. Not do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service to other Aspis8 users or may adversely affect the Network; and
iv. o) Not be abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards Aspis8, our employees, agents or property.
v. If Aspis8 Ltd reasonably suspects you are not acting in accordance with the conditions of this clause, suspend your SIM Card from the Service.
vi. If your SIM Card is lost, stolen, damaged or destroyed or used without your authority, you will contact Aspis8 immediately and cooperate with us in our reasonable security and other checks. We reserve the right to bar or suspend your SIM Card where we reasonably suspect it has been lost or stolen.
h) If we believe you’re using the Service fraudulently, illegally, in a way that harms our Network or the experience of others, or for business use (amongst other things) we will cancel your Service.
5. The Charges
a) In return for your payment of the Charges we will provide you with the applicable Service.
b) Initial purchase of products can be made by debit or credit card. By using a debit or credit card you confirm it is yours or you have permission from the account holder or cardholder to use it.
c) The monthly contract fee (flat fee plus any call charges) must be paid by direct debit from a UK bank account. You must be authorised to use this bank account and to set up a direct debit.
d) You will be notified of the charges by email, before the direct debit payment is taken. It is your responsibility to inform us as early as possible of any queries regarding your monthly bill.
e) We may increase or decrease the Charges at any time (including the introduction of prices for aspects of the Service previously provided at no extra cost). Where we increase the Charges significantly for the elements of the Service you are using we will notify you before the changes become effective by email and/or text.
f) It is your responsibility to ensure your, debit or credit card or bank account has sufficient funds to pay for the Charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.
g) We reserve the right to block or bar your SIM Card if we have reasonable cause to suspect fraudulent use of a, credit or debit card or bank account.
h) Refunds can only be processed back to the original method of payment.
i) Calls are charged at 25p per minute once your call allowance (if any, dependant on SIM option purchased) has been used up. These charges apply globally where the service is provided.
j) There are no additional call Roaming charges when the SIM is used outside of the UK.
k) If your SIM Card is lost or stolen:
i. It shall be your responsibility to contact us as soon as possible,
ii. We shall have no obligation to refund you in respect of any airtime credit or active Bundle on your Account.
l) You may be charged to receive certain premium rate text messaging services and multimedia messaging services. We will not notify you of charges for premium rate services operated by third parties.
m) Unless otherwise stated, a one minute minimum call Charge will apply to all chargeable calls.
n) Charges include VAT unless otherwise stated.
6.Device Orders & Delivery
a) All products are subject to availability and may be withdrawn at any time. We will endeavor to keep the site fully updated with new products and removing old ones. If your order cannot be fulfilled, we will notify you with an option of waiting for the product to become available or be given a full refund for the product which is unavailable.
b) Charges for devices are payable at the time of purchase by debit or credit card. If the issuer of your payment card does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
c) All products are subject to availability and may be withdrawn at any time. We will endeavor to keep the site fully updated with new products and remove old ones. If your order cannot be fulfilled, we will notify you with an option of waiting for the product to become available or be given a full refund for the product which is unavailable.
d) Our products are designed for the UK market. When buying from outside the UK please be aware that the product, warranty, packaging and all contents are only designed for the UK market. You will need to purchase relevant adapters in your country for your specific needs.
e) As our products are dispatched to you from the UK, you may be subject to import duties and taxes that are levied once the package reaches your country. Whether any charges are payable will depend on the value of the package. We have no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. If there are any additional charges for customs clearance, they must be borne by you. Additionally, please note that when ordering you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods. If an order is dispatched to outside the EU and it is rejected, refused or returned from customs for whatever reason then the customer is liable to cover all customs and delivery charges.
f) UK Orders will take 2-3 workings days (not including weekends or bank holidays) to arrive from the date of ordering. If for any reason we have a delay in being able to dispatch your items we will contact you by e-mail or phone.
g) WITHIN THE REST OF EUROPE: Orders will take 4-6 workings days (not including weekends or bank holidays) to arrive from the date of ordering. If for any reason we have a delay in being able to dispatch your items we will contact you by e-mail.
h) OUTSIDE OF EUROPE: Orders will take 5-8 workings days (not including weekends or bank holidays) to arrive from the date of ordering. If for any reason we have a delay in being able to dispatch your items we will contact you by e-mail.
i) Any device that we deliver to you is your responsibility. Once you’ve received it and paid for it, you own the device.
j) RETURNS POLICY: We hope you are delighted with your on-line purchase, but if for some reason you need to return an item this is how.
k) DAMAGED GOODS
You must notify us at firstname.lastname@example.org within 48 hours, and we will advise you how to return the product and offer a replacement product. You must return the goods to us within 7 days, we recommend recorded delivery.
l) Returns Address: Aspis8 Ltd. Sutterby House, Sutterby, Lincolnshire, LN11 8RB
m) A copy of the original shipment receipt must accompany damaged goods presented for return. Please take precautions against additional damage to the merchandise you are returning. See condition of returns below.
n) UNWANTED PURCHASES:If you ordered a product and then decide that you don’t require it, you may return it and we will gladly refund you, minus any shipping or handling charges. You must return the goods to us within 7 days, we recommend recorded delivery. You will not be reimbursed for postage and you are responsible for any returns that may be lost during posting. If you do not have proof that we received, i.e. signed for the item, we will not refund you if we do not receive the item. A copy of the original shipment receipt must accompany goods presented for return. Please take precautions against damage to the merchandise you are returning. See condition of returns below.
o) CONDITIONS OF RETURN
You can cancel your order and return it to us within 7 days of the purchase date if it is in its original condition, completely unused, and suitable for resale. You will be responsible for the item or items until they reach us, and we suggest that you use a secure delivery method (which requires a signature upon delivery).
p) Refunds are made within a week of an order being cancelled and the goods having been returned to us along with the original receipt. The customer is responsible for covering the delivery fees on returned items.
q) In the case of faulty goods, we guarantee all items for a period of 12 months from the purchase date. Our warranty covers all manufacturing defects and does not cover faults arising from poor/improper use. Goods found to be faulty can only be exchanged and cannot be refunded.
r) You must contact us by email at email@example.com before returning any goods, so we can give you a specific returns number.
s) Please note, in all instances Aspis8 Ltd shall not be liable for incidental or consequential damages or expenses, including but not limited to lost profits or other economic or commercial losses.
t) Despite our best efforts, occasionally products in our online shop may be incorrectly priced and therefore we cannot confirm the price of a product until your order is accepted. In addition, details may be updated from time to time and are subject to change. If we discover a pricing error, or there is a change in price before dispatch, we will contact you to reconfirm your order at the correct price. If we are unable to contact you within a reasonable time, we may cancel your order and notify you of such cancellation. Unless otherwise stated, prices are inclusive of VAT where applicable.
u) You must ensure that prior to placing an order you have checked all relevant details about the products and/or services you have selected. All products and services advertised are subject to availability.
v) The information displayed on aspis8.com, including prices, does not constitute an offer to enter into a sale agreement and we are not obliged to accept your orders. If we do, acceptance will be confirmed by email (to the email address supplied by you when the order was placed) and in our dispatching of the Device to you.
7. Internet Access
a) If you use your SIM Card and or device to access the Internet the following terms and conditions also apply to you.
b) Access to the internet is subject to many factors outside of our control such as geographic location and network functionality/availability. We are not liable for any inability to access the internet or the mobile phone network.
c) We or our contractual partners may provide links to web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their content.
d) You understand that you, and not us, are entirely responsible for all the visual, textual or other information that you upload, email or otherwise transmit via Internet access, whether publicly posted or privately transmitted.
e) Your dealings with all third parties via the Internet are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any such dealings.
f) Access to secure financial transactions will be dependent on the make and model of your Mobile Internet Phone and the third party supplier of Content.
Limitation of Liability
a) LIABILITY: Aspis8 Ltd cannot be responsible for any damages including, without limitation, any special, indirect, incidental, personal or consequential damages that may arise from any use of our Aspis8 products or accessories. It is the responsibility of the BUYER and/or the USER, not Aspis8 Ltd, to ascertain and obey any and all applicable local, privacy, state and federal laws in regards to the use of any Aspi8 Ltd. product.
b) Warning: While the Aspis8 Watch is an advanced device that will help you track your child, children or loved ones and will help you keep in touch, it should never be considered as a substitute for a parent or other responsible adult. The Aspis8 Company takes no responsibility for the personal safety or wellbeing of any person wearing or using its watch or any other product(s) promoted or sold by the company. The Aspis8 watch in common with all mobile devices can be affected by atmospheric or changing weather conditions or fluctuations in signal strengths. It is therefore the buyers responsibility to ensure that due care is taken at all times regarding the safety of the wearer.
c) We have no liability to you, other than:
i. to exercise the reasonable care and skill of a competent mobile telecommunications provider or retailer;
ii. if we cannot provide the Service to you because of something beyond our reasonable control;
iii. for losses that haven’t resulted naturally from our breach or that we couldn’t have foreseen, or loss of profit, loss of business, costs, expenses or any other form of financial loss. Nor shall we be liable to you for any loss of income, business or profits (including loss of revenue) or for any loss of data in connection with your use of the Service; or
iv. for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless caused by our negligence.
a) Warranty Period is 12 months. Our warranty covers all manufacturing defects and does not cover faults arising from poor/improper use.
b) Aspis 8 Ltd Warranty is limited to the original purchaser and is not transferable. If any defects in a product we have sold are identified and the product is received by us within the warranty period together with a returns number, copy of our Sales Receipt and a written description of the fault and we can determine that the problem is covered by our Warranty we will, at our option, either repair or replace the product.
c) Please note, in all instances Aspis 8 Ltd shall not be liable for incidental or consequential damages or expenses, including but not limited to lost profits or other economic or commercial losses. This warranty does not affect your statutory rights.
10. Security & privacy.
a) Payments handled by Go Cardless should be regarded as secure under their terms of service.
b) We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order secure, however we cannot be held liable for any loss you may suffer, if a third party procures unauthorized access to any data you provide when accessing or ordering through our site.
c) When you make an order, we note your name, email address, postal address, and phone number.
d) We will never give your personal information to any other company. If you have any questions please send an email to firstname.lastname@example.org
e) We may contact you from time to time with our own offers and promotions using the contact details you have provided.
11. Cancellation Rights. Your right to cancel
a) You are entitled to cancel your acceptance of these Terms and Conditions at any time up to 14 days after placing your order for the Service (the “Cooling-Off Period”), provided that you notify us in writing to email@example.com. This does not affect your statutory rights.
b) Please note that by using your device you will be deemed to have accepted these Terms and Conditions. You agree that the Service may start before the end of the Cooling-Off Period.
12. Changes to these Terms and Conditions
We reserve the right to change our Terms and Conditions from time to time. We will notify you of any changes to these terms by posting them on our website aspis8.com. We may also notify you by other means.
a) If either of us fails to enforce our rights under the Terms and Conditions, it shall not prevent either of us from taking action later.
b) Each sub-clause in these Terms and Conditions operates separately. If any part is found by a court to be unreasonable or inapplicable the other parts will continue to apply.
c) These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.