Terms and Conditions of Ideanet AG
Ideanet AG ReSOS-2 Rescue Watch Terms and Conditions (Version: 10/2015)
1 Scope and Area of Application
1.1 Ideanet AG (Ideanet AG, Kronstadter Strasse 4, 81677 Munich), seat and court of registration Munich, German Civil Code [BGB] no. 199314 (hereinafter referred to as „Ideanet“) offers the customer a purchase of the Rescue Watch and a conclusion of the service agreement. Subject to the terms and conditions of use, Ideanet provides the customer with positioning of the watch and emergency calls (hereinafter referred to as “Services”).
1.2 Deviating, conflicting or supplementary terms and conditions of the customer shall only become a part of the agreement where Ideanet consents in writing to their incorporation. This consent requirement shall apply in any event, for example, also in circumstances where Ideanet delivers the goods to the customer unconditionally whilst being fully aware of the customer’s terms and conditions.
1.3 In the event of any amendments to these terms and conditions of use, the customer will be given at least six weeks’ notice, which may be in writing. The proposed amended term shall become part of the agreement if the customer does not object to the amendment.
2 Termination / Subject Matter of Agreement
2.1 The presentation of the products in the online shop constitutes a non-binding online catalogue. According to the German law, Ideanet services are available to individuals who are eighteen (18) years of age or older and who can form legally binding contracts under applicable law. The customer may purchase the watch and the services included in a monthly service package.
2.2 The products represented on the website represents a non-binding invitation to the customer to order the presented products. By submitting the application to purchase or rent the ReSOS-2 Rescue Watch, the customer submits a bid to Ideanet to conclude an agreement for the use of positioning and emergency calls (hereinafter referred to as “Services”). This application contains the customer’s request to integrate the SIM card into the watch, as it is vital for the functioning of the ReSOS-2 Rescue Watch and activate it immediately upon conclusion of the agreement.
2.3 Ideanet may at its discretion accept or reject orders. If Ideanet rejects an order, the customer will be notified at the earliest convenience.
2.4 The customer will receive an order confirmation e-mail directly after placing the order to the e-mail address he/she has given on ordering at Ideanet, to inform him/her that it is being processed. The order confirmation shall not constitute an acceptance of the order and a formation of the purchase and service agreement. It is an acknowledgement confirming that the order has been received. The purchase and service agreement shall be deemed concluded when the customer has received Ideanet’s acknowledgement.
2.5 The exact scope of services constituting the service agreement is available in the product/service description, which the customer receives in writing prior to the conclusion of the agreement. Product description is available at http//www.rescue-watch.com/ … The service fee is also specified in the product description.
2.6 Ideanet reserves the right to make changes to the scope of services if the customer is not disadvantaged contrary to good faith. Should there be any further changes to the scope of services, the customer may exceptionally terminate the agreement within 6 weeks after he/she has been notified of them. In the notice of modification, Ideanet indicates the right of the customer to terminate the agreement.
3 Availability of Services / Use of Services
3.1 Services are provided by means of a SIM card installed in the ReSOS-2 Rescue Watch. They may therefore be restricted in part by the regional reception and transmission area of the radio transmitters operated by the respective network providers and may also be particularly impacted by atmospheric conditions, topographical conditions, the position of the Rescue Watch and obstructions (e.g. bridges, tunnels, underground garages and buildings). Additionally, it is a necessary condition for the provision of the services that the mobile communication network required for the installed SIM card is functioning correctly and is ready for operation.
3.2 Ideanet informs the customer that network providers have different quality network coverage. The services may be restricted especially in rural areas. Ideanet offers SIM cards from different network providers. The list of network providers is available in service description. It is customer’s responsibility to choose the appropriate network provider for his/her region.
3.3 The services may be disrupted by force majeure, including strikes, lock-outs and official orders, as well as technical and other measures required on Ideanet facilities or on those of traffic information suppliers or network operators for the proper operation or improvement of the service (e.g. maintenance, repair, system-related software updates, expansions). The services may also be disrupted by short-term capacity-related bottlenecks due to peak loads on the services or by failures in the telecommunication systems of third parties. Ideanet shall make reasonable efforts to eliminate such disturbances immediately or to work towards their elimination.
3.4 Subject to this contract, Ideanet provides services in Germany.Outside Germany there may be restrictions on the availability of services.
3.5 The customer shall not be permitted to use these services for unlawful purposes and shall not allow third parties to do so.
3.6 The SIM card installed in the Rescue Watch shall only be used by the customer for the provision of these services provided by Ideanet.
3.7 The customer cannot transfer the existing agreement with Ideanet to a third party without the consent of Ideanet. This shall also apply when the customer sells or permanently transfers the watch to a third party.
3.8 The customer must regularly charge the battery. The customer receives an SMS notification of low battery status by the phone number provided at the purchase.
4.1 The customer can access the services only with an activated user account including user name and password and provided that he/she has accepted the terms and conditions of the agreement.
4.2 A computer with internet access, a tablet or a smartphone are required to access the website www.rescue-watch.com. The customer is solely responsible for the functioning of such devices.
4.3 When registering to www.rescue-watch.com, the customer must provide complete, true and correct information. The customer must not grant access to his account to third parties. The customer must inform Ideanet if he/she finds out or suspects that an unauthorized third person is in possession of his/her access data.
4.4 The customer shall be liable for any use and/or other activity accessed by means of his/her password in accordance with the legal requirements of the governing law.
4.5 The customer shall be liable to update the information, especially the emergency call numbers and contact persons. The customer must immediately correct information in his/her account if there are any changes during the terms of the service agreement.
4.6 The customer’s responsibility is to read and understand the user manual completely and thoroughly. Most importantly, the customer acknowledges being careful when handling with the SOS button.
4.7 The customer agrees to use the SIM card in a careful and proper manner. The SIM card integrated in the rescue watch must be returned upon termination of the agreement to Ideanet.
5 Right of Withdrawal for Customer
5.1 Right of Withdrawal for Customer
The right of withdrawal applies exclusively for customers in accordance with § 13 of the German Civil Code [BGB]. The withdrawal period shall be 14 days. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed either to their commercial or free-lance vocational activity. The customer is hereby informed of his/her right of withdrawal.
Declaration of Withdrawal
5.2 Right of Withdrawal:
SYou may withdraw this agreement within 14 days without stating any reasons. The withdrawal period shall be 14 days, beginning as of the day the agreement has been concluded. In order to exercise your right of withdrawal, you must inform us (Ideanet AG, Kronstadter Strasse 4, 81677 Munich, e-mail: firstname.lastname@example.org) by way of an unambiguous declaration (e.g. a letter sent by mail, a fax or an e-mail) of your decision to withdraw from this agreement. In order to do so, you may use the attached model withdrawal form, which, however, is not mandatory. In order to observe the withdrawal period, it is sufficient that you send the notice on the exercise of the right of withdrawal before expiration of the withdrawal period.
5.3 Effect of Withdrawal:
In the event of effective withdrawal, the benefits mutually received shall be returned; If you validly withdraw from this agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount that is in proportion to what has been provided until you have communicated us your withdrawal from this agreement, in comparison with the full coverage of the agreement.
6 Payment modalities
6.1 Ideanet issues an invoice including the price of the Rescue Watch and monthly invoices for the use of services according to the valid price list and including VAT. The agreement is based on gross prices.
6.2 All the payments are due 10 days after invoice date.
6.3 Once an invoice is overdue, Ideanet may temporary suspend the services.
6.4 The customer shall provide Ideanet with a SEPA direct debit mandate / SEPA Business-to-Business direct debit mandate. The account will be debited 10 days after the invoice date. The customer shall receive a pre-notification 5 days in advance. The customer should insure that sufficient funds are available. As long as they were not caused by Ideanet, any costs arising from non-payment or reversal of the debit shall be incurred by the customer.
6.5 If the customer decides for a purchase, Ideanet seeks to retain title to the rescue watch until it has received full payment.
7.1 If the customer decides for a purchase, statutory warranties shall apply.
7.3 Ideanet shall not be responsible for any damages arising from an improper use by the customer or a third party, especially when an excessive force is used when pressing the SOS button.
8.1 Ideanet shall assume no liability for the accuracy and topicality of the data and information transmitted via the services. This shall also apply for the consequences of disturbances, interruptions and functional impairments of the service, particularly in the cases described in the paragraphs 3.1 and 3.2.
8.2 In case of slight negligence, Ideanet is liable only for a breach of essential contractual obligations (cardinal obligations). Cardinal duties refer to those obligations whose fulfilment enables a proper execution of the agreement in the first place and on whose compliance the customer relies and may rely. Liability is limited to the replacement of the damage that was foreseeable or typical when the agreement was concluded.
8.3 The personal liability of the legal representatives, assistants and personnel of Ideanet for damages caused by them through slight negligence is also limited to the extent described in the previous paragraph.
8.4 Claims resulting from damage to life, body or health, which are caused culpably according to the product liability law, or claims resulting from fraudulent misrepresentation or a quality guarantee or a procurement risk guaranteed by Ideanet remain unaffected.
9 Data Collection, Storage, Use and Security
9.1 The data provided by the customer at „www.rescue-watch.com“ is automatically encrypted using the SSL (Secure Sockets Layer) protocol. SSL is the industry standard for the transfer of confidential data via the internet.
9.2 Ideanet collects, stores and uses personal data provided by customers within the legal stipulations, insofar as it is necessary for the justification, substantive organisation or modification of the contractual relationship (inventory data) and the utilisation and billing (usage data) of the services. The customer must notify Ideanet immediately of any modifications to personal data that affect the contractual relationship and the billing of the services.
9.3 Usage data required for the billing of the services (billing data) may be stored and used by Ideanet beyond the end of the usage process until completion of billing.
10 Term and Termination
10.1 The service agreement (services) concluded upon the purchase of the rescue watch includes service packages (flat rate). Service packages are based on a monthly use of services and normally encompass a sufficient data volume for telephony and alarm SMS messages. The exact scope of data usage is available in the product description. When the data volume of the service package is exceeded due to excessive usage (e.g. long phone calls outside emergency situations), a new service package for the same month is automatically activated and charged to the customer in order to continuing the services. The duration of the service agreement will be automatically extended for a further month until termination. The customer has a right to terminate the service agreement until the end of the following month (e.g. if the termination notice is received on 15 Mai, the agreement and the services will be terminated on 30 June of that year).
10.2 The right of termination for cause and without notice remains unaffected for both parties.
10.2.1 A good cause for termination shall include, but shall not be limited to, any of the following events:
– The customer fails to pay the fees;
– The customer fails to pay the invoices for services for a period of 2 consecutive months;
– The customer acts fraudulently;
– The customer is in breach of the agreement;
– The customer grants access to the services to an unauthorised third person.
10.2.2 This agreement shall be terminated automatically upon the death of the customer. Ideanet may require an original copy of a death certificate from the heirs.
10.3 Any termination notice must be in writing.
10.4 Upon termination of the agreement, the customer´s obligation is to return Ideanet the SIM card in proper condition.
11 Place of Jurisdiction and Applicable Law
11.1 German law shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers this legal option only applies where protection granted under the compulsory terms of the law for the country where the consumer normally resides is not withdrawn (favourability principle).
11.2 Unless expressly stated otherwise in these terms and conditions, all statements issued within the context of using the website www.rescue-watch.com are to be issued in writing or by e-mail.
11.3 If and to the extent any of the provisions of these terms and conditions is or becomes invalid or void, the validity of the remainder of these terms and conditions shall remain unaffected. The provision which is partly or completely invalid shall be replaced by a valid provision which comes as close as possible to the original economical intent of the parties.
11.4 The parties submit all their disputes arising out of or in connection with this agreement to the exclusive jurisdiction of the seat of Ideanet.
Kronstadter Strasse 4
VAT number: DE284789898
The German version of this agreement takes precedence over the English translation.