1. GENERAL SAFETY INFORMATION
TO PREVENT INJURY TO YOURSELF AND OTHERS OR DAMAGE TO THE ZEMBRO BRACELET, YOU MUST READ THE SAFETY INFORMATION ABOUT THE ZEMBRO BRACELET PRIOR TO USE. This safety information is always available at https://www.zembro.com/int-EN/safety-information/.
2. DEFINITIONS AND GENERAL PROVISIONS
Article 1 – DEFINITIONS
In these Conditions, the following terms are used:
- Provider: UEST NV, with headquarters in Belgium, listed in the register of legal entities under number 0562.788.753 (VAT BE 0562.788.753).
· Telephone number: +32 (0) 78 35 30 90
- By mail:
c/o: ZEMBRO Customer Service,
Gaston Geenslaan 14
B-3001 Leuven, Belgium
· Email: email@example.com
· Henceforth referred to as ‘the provider’ or ‘Uest’.
- Consumer: the natural person who is not acting in the performance of a profession or company and enters into a (distance) contract with Uest. The consumer may be, depending on the case and the applicable conditions, (i) a user of the app; or (ii) the wearer of the Zembro bracelet; and/or the person who purchases the Zembro bracelet.
- Distance contract: a contract between Uest and the consumer for the provision of services and/or goods under a distance sales or service provision scheme organised by the supplier, exclusively concluded by means of technology for distance communication, up to and including the moment at which the contract is signed.
- Technology for distance communication: means that can be used for the closure of a contract and that do not require the simultaneous physical presence of the parties to the contract.
- Right of withdrawal: the possibility for the consumer to opt out of or cancel the distance contract within a specific period of time.
- Sustainable data carrier: any means that the consumer or the entrepreneur can use to store information that is directed personally to him or her in a manner that makes it possible for future consultation and unchanged reproduction of the stored information.
- The product, the goods: the ‘Zembro bracelet’ or ‘bracelet’– a mobile personal alarm with SIM chip with subscription for data traffic and emergency calls.
- The mobile application: the ‘Zembro App’ with which a Zembro bracelet is connected or linked, and which is available in the App store (iOS) and Play store (Android).
Article 2 – GENERAL PROVISIONS
Uest reserves the right to supplement these Terms and Conditions at any time. The consumer will be informed either in writing or electronically. The supplements come into effect immediately.
The consumer will be informed in the same manner of any changes to these Terms and Conditions, taking into account a reasonable notice period.
3. GENERAL SALES CONDITIONS OF THE ZEMBRO BRACELET
Article 1 – GENERAL PROVISIONS
All trade relations between the consumer and Uest take place under the present Terms and Conditions, unless an alternative written and legally valid contract exists. At all times, the present Terms and Conditions take precedence over any terms and conditions set by the counterparty, even if they presume to take precedence over these Terms and Conditions.
Prior to the closing of the distance contract, the text of these Terms and Conditions is to be made available to the consumer on the Uest website. If desired, prior to the distance contract being closed, the consumer can request that the Terms and Conditions are sent to him/her free of charge and as quickly as possible.
If the distance contract is closed by electronic means, it may be that before it is closed, the text of these Terms and Conditions is to be made electronically available to the consumer in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is not reasonably possible, prior to the distance contract being closed, it is to be indicated where the Terms and Conditions can be viewed by electronic means and that they are to be sent free of charge by electronic or other means to the consumer upon request.
The possible invalidity of one or more clauses of the Terms and Conditions does not invalidate any other clause.
Article 2 – THE OFFER
The offer includes a complete and accurate description of the products and/or services to be provided and is valid for the indicated duration. The description is sufficiently detailed to make it possible for the consumer to make a good judgment of the offer.
Every offer includes sufficient information that makes it clear what the rights and responsibilities of the consumer are in accepting the offer. In particular, this refers to:
· the price, including taxes;
· the period in which the offer remains valid and can be accepted;
· the manner in which the contract will take effect and which proceedings are necessary for this, the time of onset of the payment requirements, the means of payment, the supply or performance of the contract (conduct of proceedings);
· the supply (if not in stock) and the estimated delivery period;
· the possible delivery costs;
· whether or not the right of withdrawal applies;
· the language in which the contract can be closed;
· the ability for consumers to indicate whether they have made entry errors and the manner in which such errors can be rectified prior to the closure of the contract;
· the minimum duration of a contract in the event of a contract relating to the ongoing or periodic supply of products or services.
Every signatory of an order form commits to representing the legal entity in whose name they are acting.
Article 3 – CLOSING OF THE CONTRACT
A contract or agreement is only entered into following written confirmation from Uest. If the consumer has accepted the offer via electronic means, Uest will immediately confirm the receipt of the acceptance of the contract via electronic means.
If the contract is concluded via electronic means, Uest must take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the supplier must take suitable measures to ensure security.
In supplying the product and/or service to the consumer, Uest will provide the following information in writing or in a manner such that it can be stored in an accessible way on a sustainable data carrier:
· the Uest address where the consumer can go with any complaints;
· the conditions under which and the way in which the consumer can make use of the right of withdrawal;
· the information about existing after-sales services and guarantees;
· the requirements for cancellation of the contract.
If Uest has committed to the supply of a series of products or services, the requirement in the previous paragraph only applies to the first of these deliveries.
Article 5 – RIGHT OF WITHDRAWAL IN THE EVENT OF A DISTANCE CONTRACT
In a sale agreed upon via distance contract, the consumer has the right to withdraw from the contract within 14 calendar days without the need to provide a reason. This period begins on the calendar day after the receipt of the Zembro bracelet by the consumer or by a third party in the name of the consumer. During this period, the consumer will handle the Zembro bracelet and packaging carefully. The consumer will only unpack or use the Zembro bracelet to the extent necessary to be able to assess whether they wish to keep the Zembro bracelet. To instigate the right to withdraw, the consumer must inform Uest by email (at firstname.lastname@example.org) of the decision to withdraw from the contract. If the consumer does make use of the right to withdraw, the consumer must return the Zembro bracelet with all supplied accessories or fittings and in the original state and packaging to Uest, conforming to the reasonable and clear instructions of Uest.
If the consumer makes use of their right to withdraw, the highest costs they face are those for the return sending of the product.
The amount paid by the consumer for the product and/or services will be reimbursed by Uest as quickly as possible, and in any case, within 30 calendar days as from the day of the receipt of the form for withdrawal by Uest.
Article 6 – CHANGES TO/CANCELLATION OF ORDERS
Without affecting the right to withdraw at the closing of a distance contract (cf. article 5), every change or cancellation of the order requires the written agreement from Uest.
If the consumer cancels an order or fails to fulfil their obligations, Uest reserves the right to demand the execution of the contract, or the termination of the contract provided that there is a payment for compensation of damages, which is equivalent to thirty per cent of the value of the goods involved, regardless of proven damage above this percentage by Uest in relation to the breaking of the contract by the consumer.
Article 7 – DELIVERY AND POSTAGE CONDITIONS
Uest will take the greatest possible care in receiving and processing orders for products.
Uest will process accepted orders with due haste and at all times within a maximum of 45 days unless a longer delivery period has been agreed upon. If the delivery is to be delayed, or if an order can only be partly filled, the consumer will receive a notification within one month of the date they placed the order. In this case the consumer has the right to dissolve the contract without any costs.
In the case of the termination of the contract in accordance with the previous paragraph, Uest shall reimburse the amount paid by the consumer as quickly as possible, and in all events, within 30 days of the termination.
All goods are provided in passable condition. The address that the consumer has made known to Uest qualifies as a place for delivery.
The consumer must report any visible flaws to Uest by registered mail within eight calendar days after the day of delivery. Failure to do so will be considered as acceptance of the product in this state.
The products travel for the account of and at the risk of the consumer, even when any possible delivery costs are being paid by Uest.
Article 8 – PRICE SPECIFICATIONS
The orders are invoiced at the prices and under the conditions specified in the sales contract. Uest expressly reserves the right to increase the agreed price if, after the contract takes effect, one or more cost-price factors (including but not exclusive to the prices of materials, energy and wage costs) undergo an increase, even if this is due to foreseeable circumstances.
In the case of a price increase, the consumer has the right, before the new price comes into effect, to terminate the contract, without any costs or compensation, and this by registered mail within 15 calendar days after the notification of the price increase.
Unless otherwise specified in the contract, transport, insurance, customs and other costs are not included in the price.
Article 9 – RENT
Uest gives the Zembro bracelet in rent to the consumer, who accepts, for a rental price (a monthly subscription fee) as detailed in the order confirmation and as indicated on the invoice. Rental deposits may be required..
The rental price (the monthly subscription fee) is to be paid on a monthly basis no later than the expiry date specified in the contract. The rental price (monthly subscription fee) will only be invoiced for the first time once the Zembro bracelet has been delivered and activated.
In the event of non-payment (or incomplete payment) of a monthly invoice at the expiry date (being 15 days after receipt thereof), the consumer is considered to have cancelled the order and/or the use of the Zembro services. The consumer expressly acknowledges having been informed of the fact that the non-payment (or incomplete payment) is considered to have cancelled the order and/or the use of the Zembro services, without the need for any payment reminder to be sent.
All goods are delivered in a passable condition. The consumer must report any visible flaws to Uest by registered letter within eight calendar days after the delivery, otherwise the goods will be considered to have been accepted.
The consumer will use the Zembro bracelet with due care and in accordance with the conditions of the user manual and all other guidelines or recommendations from Uest. The consumer shall not change or in any way modify (of have someone else modify) the Zembro bracelet.
The consumer will not sell, rent, transfer, pawn or in any other way transfer or make the Zembro bracelet available to third parties, and will keep the Zembro bracelet free from distraint and/or any other burden.
The consumer is completely liable for loss or theft of the Zembro bracelet.
The consumer will immediately inform Uest of any loss or any damage suffered by the Zembro bracelet.
The rent ends at the moment that the contractual relation with the supplier ends. The following are valid reasons for terminating the contract (this list in not exhaustive):
· The consumer can cancel the monthly rent, without observance of a cancellation term or reimbursement. The service is then stopped immediately. This applies in particular to non-payment or incomplete payment of the monthly rental price on the due date, in which case the consumer is considered to have unilaterally ended the rental agreement. The consumer expressly acknowledges being aware of the fact that the service can be stopped in the event of non-payment or incomplete payment, without a payment reminder being sent. The Zembro bracelet must then be returned immediately to Uest in accordance with the stipulations below (any postage costs are to be paid by the consumer).
· In mutual consultation between Uest and the consumer.
· Upon unilateral termination by Uest, stating reasons, but without giving notice or recompense.
Uest remains the owner of the Zembro bracelet at all times. In the event of termination of the contractual relationship, for any reasons whatsoever, the consumer will return the Zembro bracelet to Uest within 14 calendar days.
The consumer is completely liable for returning the Zembro bracelet to Uest in a good state. If the consumer does not punctually return the Zembro bracelet or if the Zembro bracelet is returned and has suffered damage, Uest have the right to seek and obtain immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have. The consumer shall pay to the Uest damages of 299 EUR per Zembro, without prejudice to the Uest’s right to initiate any legal proceedings and/or to claim additional damages, if it can establish that it has incurred losses exceeding this amount.
The return of the Zembro bracelet is always at the cost and risk of the consumer.
Article 10 – SUBSCRIPTION DATA
The SIM chip in the Zembro bracelet makes it possible for it to make and receive connections within Europe via data traffic. The service costs for the data traffic are included in the service subscription cost and are payable on a monthly basis or via direct debit.
Upon cancellation of the direct debit assignment, or when the amount is no longer or no longer can be deducted from the credit card, the consumer is considered to have unilaterally ended the service subscription.
Uest expressly highlights the fact that the Zembro bracelet is no longer able to connect without the aforementioned service subscription. The consumer releases Uest of any liability for damage that results from these circumstances.
Article 11 – USE
The consumer commits to use the Zembro bracelet in line with guidelines set by Uest.
The consumer commits to immediately notify Uest of any anomaly that affects the proper functioning of the Zembro bracelet. The consumer also commits to immediately notify Uest of every issue that may result in increased inefficiency of the Zembro bracelet.
The consumer commits to pay for costs that result from incorrect use of the Zembro bracelet and in particular, costs resulting from an intervention from emergency services.
The consumer is liable for all damages caused to the consumer or to third parties as a result of the use of the Zembro bracelet, including damages resulting from theft or loss of the Zembro bracelet.
Article 12 – FORCE MAJEURE
In case of force majeure, Uest reserves the right to suspend the execution of the contract, whether dissolving it in part or in full, without the consumer having any right to demand compensation of costs, damages and interests, etc.
Force majeure refers to all circumstances that are not due to an error on our part, and that make the execution of the contract impossible, complicate it or delay it, and include, but are not limited to, interruption in the supply of raw materials, strike, lockout, fire and delays in production or transport, for any reason whatsoever, import or export restrictions or other governmental measures. The aforementioned circumstances are always considered to have an unaccountable and unavoidable character.
Article 13 – DISPUTES
Complaints relating to supplied goods and/or invoices are only considered to have been made when they are reported to Uest by registered mail within eight calendar days of the receipt of the invoice.
In the case of dispute or litigation, only the (Belgian) courts that have jurisdiction for the territory where the headquarters of the company or the residence of the consumer are located are qualified.
All sales contracts closed between parties, and all disputes between parties come under Belgian law as well as Belgian litigation laws.
Article 14 – REPRESENTATIONS AND WARRANTIES
Uest guarantees the original end-user or buyer of the Zembro bracelet that when purchased the Zembro bracelet in the original sealed packaging, the Zembro bracelet is free from material defects and production faults, under the conditions specified herein, and this for the period of the two-year guarantee, beginning on the date of the purchase of the Zembro bracelet or (in the case of an online purchase) 14 days after the sending of the Zembro bracelet. In the first case, if there is no proof of purchase available, the limited guarantee period will be determined by the production date. If Uest, through their own opinion, determine that the Zembro bracelet (or one of the supplied accessories) has material defects or production faults and in normal use does not in essence satisfy the specifications, then as long as the consumer is owner of the Zembro bracelet, Uest can, during the guarantee period and conforming to the conditions and exceptions in this contract, respond in one of the following manners:
(1) repair the Zembro bracelet or one of the supplied accessories or replace the Zembro bracelet or the concerned accessory with a new or revised the Zembro bracelet or accessory with the same or greater capacity and functionality; or
(2) provide compensation for the Zembro bracelet or (in the event of application) the supplied accessory at the current market value at the time that the guarantee claim is submitted to Zembro, if Zembro is not able to repair or replace the concerned accessory.
The guarantee period for repaired and replaced products is applied for the remaining original guarantee period of 90 days, depending on which is the longest. The products that are surrendered for replacement are not returned to the consumer. In the event that no defect can be found, the original Zembro bracelet or concerned accessory is returned to the consumer. This guarantee is only extended to the original end-user or buyer of the Zembro bracelet (as applicable) and is not transferable.
The Zembro bracelet can be returned to:
Zembro Customer Service
Gaston Geenslaan 14
B-3001 Leuven, Belgium
THIS WARRANTY DOES NOT APPLY TO:
(1) the Zembro bracelet (or the concerned accessory) is not used in agreement with guiding instructions;
(2) the Zembro bracelet (or the concerned accessory) is not used for the intended function and in a suitable environment;
(3) any faults or defects are caused by the presence of a product, software or third-party part, whether authorised or not;
(4) any faults or defects are the result of incorrect installation or testing, improper use, oversight, unauthorised repairs, modification, accident or other external causes; or
(5) there are other circumstances that are seen by Uest as evidence of consumer infringement upon this contract.
(6) any non-Zembro branded hardware products or any software, even if packaged or sold with Zembro hardware.
(7) Manufacturers, suppliers, or publishers, other than Zembro, may provide their own warranties to you – please contact them for further information.
(8) Software distributed by Zembro with or without the Zembro brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use.
THIS WARRANTY DOES NOT APPLY TO:
(1) to consumable parts, such as protective coatings and/or waterproof seals, may diminish over time, unless failure has occurred due to a defect in materials or workmanship;
(2) gradual decrease over time in the capacity and performance of batteries and battery packs for the Product (which, for the avoidance of doubt, will not be deemed to be a defect in material or workmanship of the Product).
· YOU SHOULD CAREFULLY CONSULT THE INFORMATION CONTAINED IN THE ZEMBRO PRODUCT CARE INSTRUCTIONS ( https://www.zembro.com/int-EN/care-instructions/) AS A PRECAUTION.
(3) to cosmetic damage, including but not limited to scratches, dents and broken plastic unless failure has occurred due to a defect in materials or workmanship;
(4) to damage caused by use with a third party component or product such as chargers and or charger cables that do not meet the Zembro Product’s specifications (Zembro Product specifications are available at www.Zembro.com under the care specifications for each product);
(5) to damage caused by accident, abuse, misuse, fire, earthquake, water infiltration or other external cause;
(6) to any damage caused by operating the Zembro Product outside Zembro’s published guidelines (such as exposure to extreme temperatures);
(7) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Zembro;
(8) to an Zembro Product that has been modified to alter functionality or capability without the written permission of Zembro;
(9) to defects caused by normal wear and tear or otherwise due to the normal aging of the Zembro Product, including to wrist straps, locks etc.;
(10) if any serial number has been removed from the Zembro Product, or if Zembro receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate security measures designed to prevent unauthorized access to the Zembro Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
(11) If the Product if it has been resold, or used for rental or commercial purposes
This guarantee does not cover the costs and expenses resulting from repair or replacement. Furthermore, this guarantee is not for Zembro bracelets that have, for example, been improperly packed, are in a modified state or are physically damaged when received. Uest asks the consumer to always check the Zembro bracelet and the supplied accessories when received.
The Customer represents and warrants that (a) all information submitted to Uest, in the App and/or otherwise regarding the order or to enable the use of the Zembro services is truthful and accurate; and (b) the Customer has the necessary rights (consent from the persons concerned, including but not limited to the carrier of the Zembro bracelet, the family members or friends indicated as connection) to submit such information to Uest.
HOW TO MAKE A CLAIM
To make a valid claim under this warranty, you must:
Notify Zembro Customer Service of the defect in the Product within 24 months of the date of the purchase of the Product by you, and return the Product to Zembro within 30 days of notifying Zembro Customer Service of that defect.
To make a claim, please contact Zembro Customer Support.
By sending the Product to Zembro you accept and agree that Zembro will not be responsible for any loss, deletion or corruption of your files or data that has not been deleted or removed.
Please note that, depending on the type of repair, data or other content stored in the memory of the Product may be deleted, and you may not be able to read data or other content saved to your device.
When sending the Product to Zembro Customer Support, please:
1. use the original packaging where possible;
2. provide a description of the defect;
3. attach a copy of your proof of purchase, which indicates the date of purchase of the Product.
If, having inspected the Product, Zembro accepts that the Product is defective, Zembro will (at its sole discretion) either repair or replace the part causing the defect, or replace the relevant element of the Product without charge.
If the above 24-month warranty period has expired at the time the defect is notified to Zembro or if the defect is not covered by this warranty, Zembro may still be prepared to repair or replace the part causing the defect or replace the relevant element of the Product (at its sole discretion). For further information or, in particular, details of any charges for such services, please contact Zembro Customer Support.
Article 15 – LIMITATIONS OF LIABILITY
Uest only has an obligation to perform to the best of its abilities and is obliged to employ means that are necessary for the proper functioning of the Zembro bracelet.
The Zembro bracelet works via wireless communication, by means of dispersion of radio signals. As these signals can be disrupted by external sources or through obstacles inherent in buildings, vegetation or geographical relief, a perfect transmission cannot be guaranteed at all times and/or at all places. Uest does not make any express or implicit guarantees in relation to the flawless or uninterrupted functioning of the Zembro bracelet.
Uest is in no case liable should damage be caused that is not only due to a flaw in the Zembro bracelet, but also by a fault or omission by the consumer or of a person for whom the consumer is responsible. Furthermore, Uest is not liable for damage that stems from the fact that the product delivered by Uest is not efficient, durable, suitable, or have quality or effectiveness appropriate for its destination and these lacks are only to be blamed on a material fault in the execution (and not on errors in the conception, or in the choice of fabrication standards or processes) by an appointee who is neither an institution, nor an appointed manager, nor a technically responsible person.
Except in the case of deception, deliberate error or serious misconduct on the part of Uest and/or its appointees, the contractual and extra-contractual liability of Uest towards the consumer is at all times limited to the amount that is covered by Uest’s liability insurance policy.
Uest cannot be held responsible for the content, the accuracy and/or the integrity of the information and the details that are sent to and from the Zembro bracelet and its online application; nor in the case of partial or complete inaccessibility and/or interruption of communication with the Zembro bracelet.
The consumer acknowledges and agrees that the Zembro bracelet is not designed for and may not be used in, including but not limited to, systems for conserving life functions, intensive care, medical devices, or other applications where errors can lead to the death or personal or physical injury. Accordingly, Uest disclaims all liability in connection with, resulting from or consistent with every such use of the Zembro bracelet based on such or similar application of the Zembro bracelet.
The consumer understands that they will be updated about any possible risks that are inherent in the use of a mobile communication device, including, but not limited to, the danger resulting from the use of a mobile communication device while driving a vehicle; possible disturbances that a mobile communication device can cause in certain sensitive apparatus, including medical apparatus, aeroplanes, etc. The consumer releases the supplier of any liability for any damage thence resulting.
This Contract contains the entire liability of Uest and forms your sole remedy at law in the event of violation of the Contract. Uest, whose suppliers and the connected companies are in no case liable for any indirect damage, consequential damage or lost data or files, even if Uest is informed of the possibility of such damage. These limitations and exclusions are valid to the maximum extent permitted by the law.
Article 16 – Intellectual property
Uest reserves all property rights and intellectual property rights for the Zembro bracelet itself and all elements from which it is created. This applies in particular, but without limitation, to the design, and underlying software programs. The concept, the graphic presentation and the other constituents of the Zembro bracelet may under no proviso be altered, reproduced of share without prior written permission from Uest
4. GENERAL TERMS AND CONDITIONS FOR THE ZEMBRO SERVICES
These General Terms and Conditions regulate the contractual relation with regard to the Zembro App between the consumer and Uest, and specify the conditions for the exchange of information and assignments between the Zembro App and the Zembro bracelet to which it is coupled
Obligations of the Customer. The Zembro service is the mobile service for data trafficand emergency calls from Uest, whereby a connection is provided between the Zembro bracelet and the smartphone on which the Zembro App is installed enabling a direct to directly communicate with the Zembro bracelet provided that for the smartphone a mobile subscription was concluded with a mobile service operator.
The Customer undertakes to use the Zembro service and extra services provided to him by Uest with due care and exclusively for his own use, in accordance with the provisions of the Agreement and the prevailing laws and regulations. It is prohibited to use the Zembro service and extra services in violation of the public order or public decency.
The Customer also undertakes to make normal use of the Zembro service and/or extra services. Not considered normal use (non-exhaustive list) are the following: 1. use for the purpose of redirecting communications, directly or indirectly, or for the purpose of resale in any way whatsoever of the Zembro service and/or extra services to third parties without Uest agreeing to this beforehand in writing; 2. Use in a way that results in certain functions of the Uest network, or of a network normally taken over by Uest, being no longer able to be carried out in a reliable and correct manner; 3. use in such a way that identification or localisation of the caller is no longer possible in the case of an emergency, or such that the Uest network is overloaded or the proper functioning of the Uest network is disrupted; 4. each use in a different way than stipulated by the Customer at the conclusion of the Agreement with Uest; 5. use with a device whose manner of use according to Uest is or was covered by one of the foregoing points; 6. any other use that is contrary to the applicable special conditions of the Zembro service and/or extra services. Proof of the above prohibited Manners of Use may be provided by Uest by all means, including data and overviews from its own systems or those of other operators of telecommunications networks through which the communication took place.
The Customer and Uest consider these data and overviews as accurate until the contrary is proven.
The SIM cards are exclusively intended for personal use and may never be used for the resale or re-routing of communication.
The Customer may not commercialise the Zembro service, in whole or in part, directly or indirectly. The Customer is solely responsible for the use of the Zembro service and extra services. The Customer is solely liable and responsible for the performance of his contractual obligations, even if he has indicated several Users. Only the Customer is liable for any damage resulting from failure to fulfil one of the obligations under the Agreement. Uest (or any third party with whom Uest has concluded an agreement for the SIM card) will remain the owner of the SIM card that it delivers to the Customer.
The Customer undertakes not to transfer, not to surrender, not to lease and not to destroy this SIM card, and in no way allow it to be used by third parties and in no way to damage it, and commits himself to ensuring that the wearer of the Zembro bracelet will also respect the above. The Customer shall take all necessary precautions to prevent the SIM card from being used incorrectly or unlawfully. Any attempt to copy the SIM card’s technical identification data, and any fraudulent or illegal use of the SIM card, are prohibited.
The Customer undertakes to not to subject the SIM card to any decompilation, analysis or retro-technique, not to create derivative software and not to use the SIM card in any other manner than that provided for in the Agreement. The Customer is liable for any damage caused to Uest or third parties arising from the use of the SIM card, even in the case of theft or loss. In the case of loss or theft of the SIM card, the Customer remains liable for use and payment until such time as the Customer warns Uest and requests temporary suspension of the SIM card. The Customer or the wearer of the Zembro bracelet can only obtain a new SIM card by re-purchasing or re-leasing a Zembro bracelet. The Customer undertakes to use only (one) device(s) for mobile telephony that is/are in perfect working order and approved according to Belgian regulations.
It is prohibited to connect devices for mobile telephony and accessories that can cause malfunctions in the Uest network or the Zembro service. It is also prohibited to connect equipment to devices for mobile telephony and accessories that can cause malfunctions in the Uest network or the Zembro service. Both before and after activation of the Zembro service, Zembro may demand from the Customer that he submits his mobile telephony device for inspection.
Uest is entitled to take all necessary measures to protect the Uest network if it is determined that a mobile telephony device causes or may cause disruptions, or that a mobile telephony device is of doubtful origin. The Customer is aware that a specific device and/or specific equipment and/or software are needed for some GPRS services. Only the Customer is responsible for the conformity of his equipment and software with the Zembro service and extra services he wishes to use.
Obligations of Uest. The customer service is available during normal working hours from Monday to Friday to answer, to the extent possible, any questions, problems and complaints of the Customer with regard to the Zembro-service. The customer service can be contacted via email email@example.com. Uest undertakes to do everything within their power to provide to the Customer, in an optimal way, access to the Uest communications network and to the Zembro-service. This is an obligation of means and only Uest determines the technical means necessary to access the Zembro-service under the most favourable conditions, and uses the available technical information depending on the technology used. A perfect transmission cannot always be guaranteed, since these signals can be disturbed by an external source or by obstacles inherent to buildings, vegetation or the terrain. Moreover, the quality of the Zembro-service also depends on the quality of the device used for mobile telephony. Uest recalls that it wants to keep the condition of its network optimal. Therefore, Zembro is forced to carry out works for the maintenance, strengthening, upgrading and expansion of its network. These works may cause temporary malfunctions, which the Customer will have to tolerate. Uest kindly requests your understanding. Uest will do its utmost to limit these malfunctions as much as possible, and to solve them. Uest delivers to the Customer a card with a microprocessor, SIM card, which is already incorporated into the Zembro bracelet, in order to provide access to the Zembro service. The SIM card in the Zembro bracelet allows to establish and receive connections in Europe, via data traffic. Uest would also like to remind the Customer of the fact that the Zembro bracelet cannot, without the aforementioned subscription, establish a connection any longer. The Customer relieves Uest from any liability for the damages that may arise from this. The SIM card contains all the data needed for the identification of the Customer inside the network, irrespective of the device used to receive emergency calls. The SIM card represents the Customer’s contract on the network and on the Zembro-service. If the operation or organisation of the Zembro-service so requires, Uest may change the content or characteristics of its performances, although without changing the essential characteristics thereof. Except in cases of force majeure or in the event this is impossible for practical or technical reasons, Uest undertakes to notify the Customer of any change that affects the devices for mobile telephony. The possible need for replacement of, or changes to, the device for mobile telephony that provides access to a particular Zembro-service and/or additional services does not entitle the Customer to any compensation, provided that the modification or replacement is independent of the intention of Uest.
5. GENERAL TERMS AND CONDITIONS FOR THE ZEMBRO APP
These General Terms and Conditions regulate the contractual relation with the Zembro App between the consumer and Uest, and specify the conditions for the exchange of information and assignments between the Zembro App and the Zembro bracelet to which it is coupled.
Article 1 – Access to the Zembro App
The consumer, here referred to as the ‘app-user’, can install and use the Zembro App.
The app is developed for iOS devices version 9.1 or higher and for Android devices version 4.3 or higher. The iOS version of an iPhone can be found on the iPhone under Settings – General – Info – Version.
The use of the app assumes access to the internet. This can be made via Wi-Fi as well as 3G or 4G connections.
Article 2 – Installing and registering the Zembro App
To install the app on your smartphone, you must download the app from the official App store (iPhone).
After installation, the app-user needs to register following the instructions on the screen. The app-user is required to enter a telephone number. Only the telephone number that was submitted on the form included with the confirmation email relating to the sending of the Zembro bracelet can be linked to this Zembro bracelet and serves as the primary connection. Additional connections or app-users will be able to register after the primary connection has added these additional connections or app-users.
You then need to enter the activation code that you receive by SMS. Afterwards, the app-user needs to choose the wearer of the Zembro bracelet from their contact persons and must follow a number of steps to connect or link the wearer of the Zembro bracelet to the Zembro App. Finally, the user must accept these General Terms and Conditions.
In order to assist the app-user, Uest provides a helpdesk during office hours. Uest will provide all reasonable assistance, by telephone and/or email, based on a best-effort obligation to identify, improve or avoid shortcomings in the working of the Zembro App, with or without direct intervention. Due to the technical limitations linked to a purely telephonic helpline, Uest cannot be held liable for the inability to solve or scale down a technical problem that is presented to this helpline.
In the event of problems, the user must contact Zembro customer service via (i) email to the following address: firstname.lastname@example.org or (ii) telephone, on: +32 (0) 78 35 30 90 or (0) 800 69 88 62 for the UK.
If the app-user deletes the app from their smartphone, they will need to install it again and register again.
Article 3 – Functions of the app
The user can access the following services via de app:
· consult the condition of the wearer of the Zembro bracelet;
· consult the Zembro bracelet battery charge level;
· receive alarm notifications, sent by the linked Zembro bracelet;
· call (make telephone contact) with the linked Zembro bracelet in case of an emergency;
· consult the location of the wearer of the Zembro bracelet when the wearer moves a certain distance from home;
· communicate with the wearer of the Zembro bracelet via telephone.
This list is subject to change. Certain services can be added, removed or cancelled by Uest.
Article 4 – Duration of and stopping the service
Uest pays great attention to the working of programs and software for access to the Zembro App. They make every effort to safeguard the continuity of the service and the security of their systems. They may however, without compensation, interrupt the service for maintenance of the existing device and software or for the installation of new versions of the software, provided that these periods of suspended service do not exceed a reasonable length of time.
At any moment, users can stop the use of the app by deleting it from their smartphones. Uest can cancel use with a two-month notice period.
However, Uest can end the use if a user fails to meet any single one of their obligations towards Uest or if Uest has knowledge of facts that can damage their trusting relationship with the user or when there is evidence of negligence, fraud, a suspicion of incorrect or deceptive use, or undermining of the security systems of the smartphone by jailbreaking or rooting (see article 5 of the General Terms and Conditions of the Zembro App) or for any other objective security reason.
Article 5 – Security
The app-user is obliged to use the Zembro App as specified in these conditions. The app-user must take all reasonable measures to ensure the security of their access and to guarantee the confidentiality of their PIN codes. The app-user may never give confidential information to third parties.
If the app-user suspects abuse, it must be reported immediately to Zembro customer services: on number +32 (0) 78 35 30 90 during working hours on weekdays. You can also report such abuse via email (to email@example.com).
If an app-user becomes aware of such facts outside the working hours of customer service, it is important that they warn customer service as soon as it is able to be contacted again. In event of fraud or abuse, the app-user must make a declaration to the police and provide a copy of the verbal statement to Uest.
The app-user recognises and accepts that a permanently secure browser environment is a basic requirement for gaining access to and using the Zembro App. Uest cannot be held liable for a security risk that is caused by the app-user’s device, browser, operating system, internet connection, firewall, network, etc.
The app-user commits to ensuring that the device satisfies system and safety requirements and to this effect, will respect the inbuilt security protection systems so that the Zembro App is always able to be used securely. If the app-user turns off the security systems, Uest will not be held liable for any resulting damage. The app-user will not use the Zembro App on a smartphone that has been subjected to jailbreaking or rooting. This is a process that makes it possible to download software applications from outside the App store (or Google play when applicable). The device is then less well protected because the safety measures that Apple (and Google when applicable) has built in are turned off. Therefore, the smartphone is more susceptible to, for example, viruses and malware. Uest will in no case be responsible when it appears from investigation that jailbreak or rooting lay the foundation for an infection on the smartphone that may have made the abuse possible.
Article 6 – Liability
Apart from gross negligence or wilful misconduct, Uest is not liable for the direct and indirect damage (including loss of earnings, costs of providing an equivalent service or equivalent product, or the loss of opportunities) the app-user experiences through the use of the Zembro App or the impossibility of using it, whatever the reason may be.
Subject to gross negligence or wilful misconduct on the part of Uest, Uest disclaims any liability for the direct or indirect damage that is caused to an app-user through equipment, networks or configurations that are not permitted by Uest, including those the app-user has received, for free or for payment, from third parties to gain access to the Zembro App and to use it.
Subject to gross negligence or wilful misconduct, Uest is not liable for the direct or indirect damage that is subsequently caused to an app-user, namely:
· legal or regulatory obligations that are imposed by national or communal legislation;
· events outside the will of Uest, such as government acts, war, strike, shortcomings of suppliers, damages resulting from fire or natural disasters (such as flooding, storm, lightning strike) or any case of force majeure.
Article 7 – Installing updates
The app-user receives a report on their smartphone as soon as a new update is available. The app-user can download the new version via the App Store (or the Play Store when applicable). For some (smaller) updates, the app-user can temporarily continue to use the Zembro App without updating. With other (larger) updates, the app-user is required to update before the Zembro App is able to be used again.
Article 8 – Costs and conditions
The use of the Zembro App is free.
Article 9 – Intellectual property
Uest reserves all property rights and intellectual rights for the Zembro App itself and for all elements from which it is composed. This applies to, in particular, but is not limited to, the texts, illustrations, layout and software programs. The concept, the texts, the graphic representation and other constituent elements of the Zembro App may not be changed, reproduced or distributed without prior written permission from Uest.
The app-user has a personal, non-exclusive and non-transferrable user right on the Zembro App. There are no property or intellectual rights transferrable to the app-user. This user right gives the app-user only the right to have access to the content of the Zembro App, to consult and make use of the services offered by the Zembro App, in line with its goals and only for personal needs.
Uest saves, processes and uses exclusively those personal details that are directly provided by consumers or which, it is clearly stated, will be acquired by Uest.
Data that is no longer required will be deleted. The consumer may also ask to see, alter or remove their own details.
Uest saves client data for the settlement of an order made by the consumer and to provide the necessary service (including identification data, data on the use of products and services made by the consumer, data on the consumer’s communication, localisation data, invoicing and payment data, or technical data).
Uest does not transfer any consumer data or personal details to third parties, unless this is necessary in the framework of a sales or rental contract that the consumer has closed with Uest (e.g. with a view to delivering the Zembro bracelet) or when this is legally required. Uest treats personal details from the consumer in strict conformity with applicable legislation and the Uest policy in regard to confidentiality.
On the website, general visitor details are maintained. In this framework, the IP address of your computer, the time of request and details sent by a visitor’s browser, can be registered and used for statistical analysis of visitor and click behaviour on the website. Uest keeps these details as anonymous as possible. These details are not provided to third parties.
The consumer can refuse the use of these cookies, although this can limit the functionality and the usability of the website.
This explanation is not applicable to websites of third parties that are connected to this website by means of links. Uest cannot guarantee that these third parties treat your personal details in a safe or reliable manner.
In order to offer localised services, data relating to the place in which the consumer/user of the Zembro bracelet is found is processed. These details are made available to the contact person for the identification and localisation of people who make use of the Zembro bracelet.
The consumer recognises and accepts that their use of the interactive services linked to the Zembro bracelet purport that certain personal data will be shared with third parties (namely the contact person provided and/or emergency services.