Terms and Conditions of Web Use and Terms of Sale

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Updated January 2017

The following Terms and Conditions regulate:

  • the distribution and sell by KGPS Ltd. located at Alexandrou Business Centre, Omirou 76, 3096 Limassol, Cyprus (hereinafter “hereO”, “we”, “us”, “our”), together with its subsidiaries, of a GPS location Device equipped with WiFi, a built-in SIM card and a built-in USB connector (“Product”)
  • the use of the website www.hereofamily.com and the HereO application downloadable through Apple Store an Play Store (together “Website”)
  • the creation of an personal account on Website or App.

hereO  develops, distributes and sells the Product in order to provide to End Users (as defined below), using third parties’ location services through IP, Wi-Fi, cellular radios and/or GPS signal provides a cloud based service that is able to generate location results that enable End Users (as defined below) to keep track of  the whereabouts of their respective Watch Holders (as defined below) directly on their smartphone via a specifically downloadable application which enables the entire family share their locations with each other (the “Service” and the “App”, respectively). The Service will be provided to End Users that have an account, a Product and subscribe the Service through the App.      

By accessing the Website, the App and/or purchasing the Product at the Website, you accept and agree to be bound by all of the terms, conditions, policies and guidelines described in these Terms and Conditions of Use and Terms of Sale (these “Terms and Conditions”) and you accept and agree to be bound by hereO’s Privacy policy appearing (www.hereofamily.com/privacy) (the “Privacy Policy”).

Please read carefully these Terms and Conditions and the Privacy Policy.  You may also consult with you legal advisors in order to understand the ramifications and consequences of these Terms and Conditions and the Privacy Policy.  We recommend that you save or print a copy of these Terms and Conditions and the Privacy Policy (or any modification thereto) for future reference.

We may, from time to time, modify these Terms and Conditions or the Privacy Policy. Any such modification will be effective immediately upon posting the modified version of these Terms and Conditions or the Privacy Policy, as applicable, on the Website.  To the extent permitted by law, you agree that no specific notice of any such modification will be required to be given to you.

Your continued use of the Website, or otherwise if you purchase any Product online following the date of posting the modified version of these Terms and Conditions on the Website you will be considered as having accepted the modified version of these Terms and Conditions.     

We may add from time to time additional services or offer additional products.  If we do so, these Terms and Conditions and the Privacy Policy (as may be modified to account specifically for the inclusion of any such additional services or products or otherwise) will be applicable to such additional services and products.

DEFINITIONS

In these Terms and Conditions, each of the following term shall have the meaning given to it below:

  • “End User”, “you”, “yours” and words of similar import mean or reference a parent, a legal guardian or otherwise an authorized adult that has subscribed to the Service to track the Watch Holder;  

“Watch Holder” means any child or another person or other holder to which an End User has given the HereO Product to keep track of its movements; 

  • “Website” means hereO’s website at www.hereofamily.com or any other website or any other domain as may replace the same from time to time.

In these Terms and Conditions, (i) other terms defined elsewhere in these Terms and Conditions shall have the meaning given to them where such terms are defined; (ii) the singular shall include the plural and vice versa; and (iii) a reference to any gender or the neutral form shall include reference to the other genders or the neutral form, as applicable.   

GENERAL TERMS OF USE

  1. Account, Password, and Security.
  1. In order to use the Website, download and operate the App, use the Service or purchase the Product at the Website, you will need to open an account with us on the Website.
  2. For opening an account with us, you will need to, (i) be 18 years old or over (ii) complete the registration process by providing us with current, complete and accurate information as required in the applicable registration form, including, but not limited to, your email address and credit card numbers and expiration dates; and (iii) choose a password and a user name.
  3. To protect your account, keep your account information and password confidential.
  4. You agree to promptly update your account and other information whenever a change occurs.  
  5. You are responsible for all activity that occurs on or through your account.  You agree to notify hereO without delay of any unauthorized use of your account or any other suspected breach of security.
  1. Privacy Policy.

The Privacy Policy (www.hereofamily.com/privacy) explains how we treat your personal data and protect your privacy when you make purchases at the Website or enroll to any services available on the Website such as (but not limited to) newsletters.  

By using the Website, you agree that hereO may use such data in accordance with our Privacy Policy.

  1. Terms of Use .

As a preliminary condition of your use of the Website, please observe the following guidelines:

    1. Do not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions or the Privacy Policy and, otherwise, misuse it.  For example, do not interfere with the Website or try to access it using a method other than the interface and the instructions that we provide.  You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations.  We may suspend or stop providing access to the Website to you if you do not comply with our terms, conditions, policies or guidelines provided in these Terms and Conditions or the Privacy Policy or if we are investigating suspected misconduct.
    2. Do not use the Website in any manner that could damage, disable, overburden, or impair any hereO’s server, or the network(s) connected to any hereO’s server, or interfere with any other party’s use and enjoyment of any service.
    3. Do not attempt to gain unauthorized access to a service provided to others, other accounts, computer systems or networks connected to any hereO’s server through hacking, password mining or any other means.
    4. Do not obtain or attempt to obtain any materials or information through any means not intentionally made available through the service.
    5. Do not use the Website in a way that infringes rights of third parties, including, but not limited to, willfully harming, shaming or libeling any person or entity, including hereO.
    6. hereO reserves the right at all times to disclose any information, the disclosure of which is necessary to satisfy any applicable law, regulation, legal process or governmental request, in hereO’s sole discretion.
    7. You may not use any content from Website unless you obtain our permission; nor are you allowed to remove, obscure, or alter any legal notices displayed on, or contained in, the Website.
    8. The Website may include contents or services that are not hereO’s and are obtained by hereO from third parties.  Such contents or services are the sole responsibility of the third parties that provide them.
    9. In connection with your use of the Website we may send you service announcements, administrative messages, and other information.  You may opt out of some of those communications.  
    10. The Website may contain links to third party websites, for your convenience.  These linked sites are not under the control of hereO and hereO does not assume any responsibility for, or otherwise endorse or approve, the contents of any linked site or any link contained in a linked site or to have endorsed, or any changes or updates to such sites.  Your use of any such third party website may be subject to that third party’s terms and conditions.  
    11. The Website may include commercial information or advertisements.  Such commercial information or advertisements may pop up or be displayed on the Website or on the maps contained therein from time to time.  The source of such commercial information or advertisements will generally be third parties, and as such, hereO cannot and does not guarantee the reliability or accuracy of third party Ads. HereO does not endorse the content of third party Ads. Additionally and without
    12. You may provide hereO from time to time feedback, comments, input, suggestions, ratings, etc. with respect to any service available or the Product, by posting, uploading or furnishing in any manner, to hereO, specific communities or the public at large (collectively, “Feedback”).  While hereO does not claim ownership of any Feedback it shall have the right, but not the obligation, to use your Feedback, including your name, for the purpose for which it was provided, or otherwise to remove it.  No compensation will be paid with respect to the use of your Feedback.  By providing any such Feedback you warrant and represent that you own or otherwise control all of the rights to your Feedback as described in these Terms and Conditions, including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
    13. IN ANY EVENT, DO NOT PROVIDE OR UPLOAD ANY ORIGINAL CREATIVE WORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS.  

TERMS OF SALE

  1. End Users Only.  In order to purchase Products from the Website you must be an End User.  Resellers or distributors may not purchase the Product via the Website.
  2. Geographic Availability.  The Website is intended for use by customers who located in the country or region serviced by the Website and there may be limits on where we can ship Product as set forth in our Shipping Policies which are an integral part of these Term and Conditions.  To complete your purchase, you must have a valid billing and shipping address within that country or region.
  3. Export Limitations.  Products purchased at the Website (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.  Without limitation to the above, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government or European Union embargo, or that has been designated by the U.S. Government or the European Union as a “terrorist supporting” country (or a similar designation); and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  4. Prices; Payment; Refunds.
    1. Prices of the Product purchased at the Website shall be shown on the Website and may change from time to time at hereO’s sole discretion, without notice.  
    2. If you purchased the Product from a retail stores or other vendors and not at the Website, the prices, terms of payment, product selection and promotions offered there may differ from those appearing on the Website.  
    3. The Website does not have a price match guarantee.  We will not match the advertised price other retail stores or vendors offer for the same items.
    4. Subject to EU directive 2000/31/EC (Electronic Commerce Directive), as may be amended, restated or replaced from time to time, or any other non-waivable applicable legal provision to the contrary, prices shown on the Website exclude all taxes (including, but not limited to, value added tax, customs, purchase or sales tax or any similar taxes), duties, taxes, costs, fees and other charges (collectively, “Taxes”) that may apply to your purchase of the Product.  All such Taxes are your sole responsibility.  Please check with your local customs office, taxing and other relevant authorities to determine what additional Taxes are applicable to you, prior to purchasing the Product.  
    5. Prices shown on the Website also exclude delivery and handling charges.  You will have an opportunity to review such costs and handling charges before you confirm your purchase.  Each item in your shopping cart is shown at the current price.
    6. The Website offers different payment options as identified on the Website.  We reserve the right to change our payment options at any time and for any reasons.  If offers are made in your local currency and are payable in another currency with an international credit card, final price in your currency will depend on the foreign exchange rates, taxes and fees applied by your bank or the issuer of your international credit card issuer.  These transactions may be subject to taxes and/or fees on international transactions not charged by Website.
    7. Credits or refunds, if you are entitled to such credits or refunds, will be made to the same method of payment and account used to place the order.
  5. Availability; Order Limits.
    1. Availability of the Product shall be posted at the Website and may change from time to time at hereO’s sole discretion, without notice.
    2. hereO may place a limit on the number of units of the Product you may be purchased per order, per account, per credit card, per person, or per household
    3. hereO may refuse or reject any order at any time, refunding the purchase price paid for the order in its sole discretion.
    4. If an obvious error on the Website occurs or made in connection with your order, hereO shall have the right, but not the obligation, to correct the error and charge you the correct price.   In such event, we will contact you and offer you the option of purchasing the Product at the correct price or canceling your order.
  6. Software; License.
    1. The Product contains software that interfaces with the App (the “Software”).     
    2. When you purchase the Product and accept these Terms and Condition and the Privacy Policy, you are purchasing a non-exclusive, revocable and royalty free license to use the Software, subject to these Terms and Conditions (the “License”).     
    3. The Software is the copyrighted work of hereO or its suppliers, as applicable.  This License does not grant you any rights to use hereO’s proprietary and other intellectual property relating to the Product.  
    4. You should respect the intellectual property rights of others when using the Software or in other software products or merchandise.  You may not, and you agree not to or enable others to, copy, decompile, reproduce, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the Software or the Product or any part thereof.  Any unpermitted use, copying, decompiling, reproduction, reverse engineering, disassembly, attempt to reproduce the source code, or, otherwise, any modification or redistribution of Software is expressly prohibited and may result in severe civil and criminal penalties.  Any infringement may result in prosecution and civil proceedings in accordance with applicable laws.
    5. HEREO DOES NOT MAKE ANY ASSURANCES WITH RESPECT TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SOFTWARE.
  7. Return Policy.

30 Days Satisfaction Guaranteed Return Policy

If you are unsatisfied with the Product you purchased from the Website for any reason, you have 30 days from the date of purchase to request a full refund.

NOTE: THIS RETURN POLICY IS NOT APPLICABLE TO PURCHASES MADE FROM RETAIL STORES OR OTHER VENDORS.     

To qualify for a refund, all the following conditions must be met:

  1. A Return Merchandise Authorization (“RMA”) must be requested from our customer service team within 30 days of your purchase date.  To request an RMA, please contact customer service.
  2. You may not return the Product or the software it runs on, has been (i) opened, modified, or repaired without hereO’s authorization, or (ii) repaired with unauthorized spare parts.
  3. All accessories originally included in the package of the Product must be included with your return.
  4. The RMA number must be included along with your returned Product.
  5. Shipping and handling charges, gift wrap fees, and Taxes paid are not refundable.
  6. You are responsible for and must prepay all delivery and handling charges and you shall assume all risk of loss or damage to the Product while in transit to hereO.

If the above conditions are duly and timely met, refunds will be processed and paid within 60 days of actual receipt by hereO of the Product provided, it reaches us within 15 days of having submitted the RMA.

Warranty Claim

If a Product, whether purchased at the Website or from a retail store or other vendors, is found to contain defects in materials and workmanship please review the Limited Manufacturer’s Warranty available on www.hereofamily.com/warranty/EU  if you are located in the EU, available on www.hereofamily.com/warranty/US  if you are located in the United States and available onwww.hereofamily.com/warranty/ROW  if you are located in the rest of the world (as applicable, the “Limited Warranty”) and ensure that the alleged defect is covered by the Limited Warranty.  If it does and to wish to make a claim under the Limited Warranty (a “Warranty Claim”), please follow the instructions contained in the Limited Warranty.

OTHER TERMS

  1. Limitations On Use By Minors.

You must have reached the age of majority in your province/territory of residence to purchase the Product from the Website or subscribe for the Service.

  1. Product Display and Colors.

HereO attempts to display colors and images of the Product as accurately as possible but we cannot guarantee that the color you see on your monitor will exactly match the product’s color.

  1. Termination of Website Use.  HereO may terminate your account or use of the Website at any time for any reason, including, without limitation, if you are in breach of these Terms and Conditions or the Privacy Policy or if the Website is no longer operated by hereO.  You hereby agree to be responsible for any orders you make or charges you incur prior to such termination. hereO may change, discontinue, or otherwise suspend the Website at any time, for any reason, and without prior notice to you.  If such a change, discontinuance or suspension impacts your use of the Service or the Product or otherwise disrupts your order, please contact the Website.
  2. Disclaimers.

TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW:

HEREO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO THE PRODUCT OR THE SERVICE.

THE PRODUCT AND THE SERVICE ARE SOLELY WARRANTED, IF AT ALL, UNDER THE LIMITED WARRANTY.  

YOU UNDERSTAND THAT YOUR PURCHASE AND USE OF THE PRODUCT AND SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE the PRODUCT AND SERVICE ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.”

YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME THE ENTIRE RISK (I) FOR THE USE OF AND RELIANCE ON THE SERVICE; (II) AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT AND SERVICE SHOULD THEY PROVE DEFECTIVE.

YOU FURTHER ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE SERVICE.

HEREO DOES NOT GUARANTEE:

  1. THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE WEBSITE, THE APP OR THE SERVICE;
  2. THE ACCURACY OF THE MAPS, LOCATION AND GPS SERVICES INCLUDED IN THE SERVICE OR OTHER CONTENTS;
  3. THAT THE WEBSITE, THE APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR.

WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

YOU ACKNOWLEDGE THAT COMPUTER, MOBILE DEVICES AND OTHER TELECOMMUNICATION SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR.

  1. Limitation of Liability.

If, despite the other provisions of these Terms and Conditions or the Privacy Policy, HereO is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the Website, the App or the Service, you agree that your exclusive remedy is either, (i) as set forth in the Limited Warranty if applicable to such Warranty Claim, or (ii) to recover from HereO direct damages up to an amount equal to one month subscription fee of the Service (not including the purchase price for hardware, software, support, or extended warranties).

YOU AGREE THAT YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, LOSS OF PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE WEBSITE, THE APP, THE SERVICE, THESE TERMS AND CONDITIONS, OR THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, LOSS OF CONTENT; ANY VIRUS AFFECTING YOUR USE OF THE WEBSITE, THE APP OR SERVICE; DELAYS, INTERRUPTIONS, ERRORS, BREAKDOWNS OR FAILURES IN, OR INABILITY TO USE, THE SERVICE OR IN ANY FUNCTION THEREOF (INCLUDING, BUT NOT LIMITED TO, ANY FAULTS, IMPRECISIONS OR INACCURACIES IN THE LOCATION SERVICE), OR ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE; DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.

  1. Governing Law; Venue.

These Terms and Conditions shall be exclusively governed by the laws of England and Wales without giving effect to any principles of conflict of laws.

Any dispute, claim or controversy arising out of, or in connection with, these Terms and Conditions, will be under the exclusive jurisdiction of the competent court in London, England.

  1. Copyright and Trademark.

All contents of the Website, the App and the Service are the copyright of hereO and/or its suppliers. We or our suppliers own the title, copyright, and other intellectual property rights in the Website, the App and the Service and content.  hereO and the names, logos, and icons of all of hereO products and services may be either trademarks or registered trademarks of hereO anywhere in the world.

 

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