Updated January 2016
The following Terms and Conditions regulate:
- the distribution and sell by KGPS Ltd. located at Alexandrou Business Centre, Omirou 76, 3096 Limassol, Cyprus (hereinafter “Watchki”, “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 Watchki.com and the Watchki application downloadable through Apple Store an Play Store (together “Website”)
- the creation of an personal account on Website or App.
Watchki 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.
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.
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 Watchki Product to keep track of its movements;
- “Website” means Watchki’s website at Watchki.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.
- Account, Password, and Security.
- 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.
- 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.
- To protect your account, keep your account information and password confidential.
- You agree to promptly update your account and other information whenever a change occurs.
- You are responsible for all activity that occurs on or through your account. You agree to notify Watchki without delay of any unauthorized use of your account or any other suspected breach of security.
As a preliminary condition of your use of the Website, please observe the following guidelines:
- Do not use the Website in any manner that could damage, disable, overburden, or impair any Watchki’s server, or the network(s) connected to any Watchki’s server, or interfere with any other party’s use and enjoyment of any service.
- Do not attempt to gain unauthorized access to a service provided to others, other accounts, computer systems or networks connected to any Watchki’s server through hacking, password mining or any other means.
- Do not obtain or attempt to obtain any materials or information through any means not intentionally made available through the service.
- 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 Watchki.
- Watchki 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 Watchki’s sole discretion.
- 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.
- The Website may include contents or services that are not Watchki’s and are obtained by Watchki from third parties. Such contents or services are the sole responsibility of the third parties that provide them.
- 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.
- The Website may contain links to third party websites, for your convenience. These linked sites are not under the control of Watchki and Watchki 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.
- 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, Watchki cannot and does not guarantee the reliability or accuracy of third party Ads. Watchki does not endorse the content of third party Ads. Additionally and without
- You may provide Watchki 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 Watchki, specific communities or the public at large (collectively, “Feedback”). While Watchki 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.
- IN ANY EVENT, DO NOT PROVIDE OR UPLOAD ANY ORIGINAL CREATIVE WORK, IDEAS, SAMPLES, DEMOS, OR OTHER WORKS.
TERMS OF SALE
- 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.
- 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.
- 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.
- Prices; Payment; Refunds.
- Prices of the Product purchased at the Website shall be shown on the Website and may change from time to time at Watchki’s sole discretion, without notice.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Availability; Order Limits.
- Availability of the Product shall be posted at the Website and may change from time to time at Watchki’s sole discretion, without notice.
- Watchki 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
- Watchki may refuse or reject any order at any time, refunding the purchase price paid for the order in its sole discretion.
- If an obvious error on the Website occurs or made in connection with your order, Watchki 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.
- Software; License.
- The Product contains software that interfaces with the App (the “Software”).
- The Software is the copyrighted work of Watchki or its suppliers, as applicable. This License does not grant you any rights to use Watchki’s proprietary and other intellectual property relating to the Product.
- 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 tWatchkif. 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.
- WATCHKI DOES NOT MAKE ANY ASSURANCES WITH RESPECT TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SOFTWARE.
- 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:
- 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.
- You may not return the Product or the software it runs on, has been (i) opened, modified, or repaired without Watchki’s authorization, or (ii) repaired with unauthorized spare parts.
- All accessories originally included in the package of the Product must be included with your return.
- The RMA number must be included along with your returned Product.
- Shipping and handling charges, gift wrap fees, and Taxes paid are not refundable.
- 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 Watchki.
If the above conditions are duly and timely met, refunds will be processed and paid within 60 days of actual receipt by Watchki of the Product provided, it reaches us within 15 days of having submitted the RMA.
- 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.
- Product Display and Colors.
Watchki 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.
TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAW:
WATCHKI 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.
WATCHKI DOES NOT GUARANTEE:
- THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE WEBSITE, THE APP OR THE SERVICE;
- THE ACCURACY OF THE MAPS, LOCATION AND GPS SERVICES INCLUDED IN THE SERVICE OR OTHER CONTENTS;
- 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.
- Limitation of Liability.
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 TWATCHKIF (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.
- 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.
- Copyright and Trademark.
All contents of the Website, the App and the Service are the copyright of Watchki 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. Watchki and the names, logos, and icons of all of Watchki products and services may be either trademarks or registered trademarks of Watchki anywhere in the world.