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The Insight User Agreement

User Agreement

          By using our website and purchasing from theinsight.app (DVM Technology Inc.), you agree to be bound by our Terms & Conditions, as stated below.

CONTRACT FOR THE SUPPLY OF PRODUCTS AND SERVICES

          The display of goods on the theinsight.app website amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of products or goods will be deemed to exist between you and theinsight.app unless, and until, an email is sent by theinsight.app to you confirming that your order has been accepted and payment has been successfully made. This confirmation e-mail amounts to an acceptance by theinsight.app of your offer to buy goods or services from theinsight.app and this acceptance is effective regardless of whether or not you receive the e-mail.

 

          DVM IoT Solutions is free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.

SITE INFORMATION

          DVM IoT Solutions is providing this website and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this site or its contents. DVM IoT Solutions disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, DVM IoT Solutions does not represent or warrant that the information accessible via this site is accurate, complete or current. Prices shown on the website are inclusive of V.A.T at the current rate.

PROCESSING OF ORDERS

          Credit cards are debited before items are shipped or before services are provided by DVM IoT Solutions.

DELIVERY

          Every effort will be made by DVM IoT Solutions to post items ordered before 2 pm that day by a post. When circumstances deem that this is occasionally not possible DVM IoT Solutions will post items as soon as possible and accept no liability for the delay in posting.

 

If an item is out of stock or otherwise unavailable DVM IoT Solutions will contact you and offer you another product, delivery time or a full refund.

CANCELLATION OF ORDERS PRIOR TO DELIVERY

          Orders may be cancelled by phone or email prior to the day of delivery. The cost of the purchase will be refunded to the payment credit/debit card. As payment will have been processed by the credit/debit card services the refund will be made to reflect a cancellation fee of 5% of the initial purchase price. This is to cover our merchant services costs levied because of the purchase.

DISTANCE SELLING REGULATIONS/SALE OF GOODS ACT

          Any non-business customer wishing to cancel an order under the rights provided by the Distance Selling Regulations/Sale of Goods Act must do so within 14 days of the point at which the goods were received.

 

          The goods must be returned by Signed Delivery (Insured) to our address. Customers are liable to pay the cost of this return postage. As long as the goods have been returned in an original unused condition the cost of the goods will be refunded to the customer’s credit/debit card within 14 days of the date of return.

 

          Any actual use of a sensor (switching it on and obtaining information) or other equipment by a customer is a breach of the customer’s duty to take reasonable care of the product and will negate their right to return under these regulations.

LIMITATION OF LIABILITY (GENERAL)

          Except as specifically stated on this site, neither DVM IoT Solutions nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

          Partners and employees of this company may not be held liable for damages relating to either the capital cost of any equipment purchased from DVM IoT Solutions or consequential costs associated with fitting and operation of the same when issues arise from the non-availability of GSM and LoRaWAN network coverage. It is the responsibility of the purchaser to take whatever steps necessary to establish that the necessary and appropriate network coverage is available, and that the equipment works efficiently at the location intended for use. It is recommended that purchasers verify effective operation in countries outside United Kingdom by operating a single unit initially, and prior to purchasing further units. DVM IoT Solutions will happily provide full support for these testing processes.

 

          DVM IoT Solutions does not guarantee that their products will operate successfully in all parts of the world. Variations in GSM and LoRaWAN network make this impossible and accepts no liability for any loss in connection with the failure of tracking service

ILLEGAL ACTS

          It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic ‘fingerprints’ of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

 

          Products purchased from DVM IoT Solutions may be governed by laws prohibiting their use; it is the sole responsibility of the purchaser/user to comply with these laws and no liability can be implied.

CHANGES IN TERMS

          DVM IoT Solutions reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the theinsight.app web site. The mapping site is updated and altered periodically without notice.

RETURNS

          All items purchased from DVM IoT Solutions are guaranteed for 12 months of use. If you find that there is a problem with any item, please return it to us. We will have it carefully examined and will be happy to replace it if it is found to be faulty. Any obvious physical damage or evidence of other misuse found will naturally nullify this guarantee and offer of replacement. Any refund made to customers following the return of a device (for any reason) will not include any payment made for additional top-up credits paid for either at the time of the device purchase or after that date. Top up credit purchases will not and cannot be refunded.

WEBSITE PRODUCT DESCRIPTIONS

          DVM IoT Solutions reserve the right to supply equipment which may differ in appearance from items shown on the website, but which have the same use, function and facility

RELATING SPECIFICALLY TO DATA COLLECTION

          Notwithstanding any other provision of these Terms:

 

          (1) DVM IoT Solutions accepts no liability in connection with any losses incurred by the Customer as a result of the           Customer failing to follow the instructions provided with a device.

          (2) Without prejudice to the other exclusions and limitations in these Terms, DVM IoT Solutions liability

          in connection with any order (whether arising in contract, tort (including without limitation negligence) or

          otherwise) shall not in any circumstances exceed the purchase price of the goods ordered. The Customer

          agrees that it shall not in any circumstances bring proceedings in tort (or otherwise) directly against any empl

          oyee or officer of DVM Technology Inc.

          (3) DVM IoT Solutions is not liable for any consequential losses (including without limit loss of profits, business or

          goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise)

          from use of any product, including without limitation in circumstances in which the product fails to function.

          (4) All warranties which would otherwise be implied into these Terms (including without limitation as to quality

          and fitness for purpose of goods or services) are expressly excluded. The Customer’s sole remedies in connection

          with such matters in relation to goods supplied shall be in accordance with these Terms.

          (5) Nothing in these Terms excludes or limits DVM IoT Solutions’ liability for personal injury or fraud.

          (6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other

          documents is accurate, no responsibility is accepted for any errors which may occur therein and such

          documents do not constitute part of the Customer’s contract with DVM IoT Solutions (save in relation to the

          technical description, as provided by these Terms). In addition, DVM IoT Solutions shall not be liable for any losses

          caused by inaccurate information or recommendations which have been provided to the Customer in good

          faith.

          (7) Without prejudice to the other limitations and exclusions of liability in these Terms, DVM IoT Solutions accepts

          no liability (whether arising in contract, tort (including without limitation negligence) or otherwise) in connection

          with the failure of a device if this is caused by lack of credit on a “Pay as you Go” SIM card supplied by the

          customer or any loss of data due to problems with any part of the telecommunications infrastructure on which

          the device is dependent.

THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE FOLLOWING:

          Notwithstanding any other provision in these Terms:

 

          (1) DVM IoT Solutions accepts no liability in connection with any losses incurred by the Customer as a result of the

          Customer failing to follow the instructions provided in relation to the installation and use of the Software.

          (2) Without prejudice to the other exclusions and limitations in these Terms, DVM IoT Solutions’ liability in

          connection with any Software or app access (whether arising in contract, tort (including without limit negligence)

          or otherwise) shall not in any circumstances exceed the value of the license fee most recently paid by the

          Customer to DVM IoT Solutions. The Customer agrees that it shall not under any circumstances bring

          proceedings in tort (or otherwise) directly against any employee or officer of DVM IoT Solutions.

          (3) DVM IoT Solutions is not liable for any consequential losses (including without limitation loss of profits, business

          or goodwill or loss or damage to property) arising (whether in contract, tort (including negligence) or otherwise)

          from the use of the Software or Devices or App access, including without limitation in circumstances in which

          data is lost or tracking is not successful due to a fault with the Software or Devices or App.

          The theinsight.app website remains the property of DVM IoT Solutions and can only be used by customers who

          have purchased credits through DVM IoT Solutions.

          (4) All warranties which would otherwise be implied into these Terms (including without limitation as to quality

          and fitness for purpose of the Service) are expressly excluded.

          (5) Nothing in these Terms excludes or limits DVM IoT Solutions’ liability for personal injury or fraud.

          (6) Whilst every care is taken to ensure that information given in catalogues, corresponding quotations or other

          documents is accurate, no responsibility is accepted for any errors which may occur therein, and such

          documents do not constitute part of the Customer’s contract with DVM IoT Solutions. In addition, DVM IoT

          Solutions shall not be liable for any losses caused by inaccurate information or recommendations which have

          been provided to the Customer in anticipation of an order which has been provided in good faith.

          (7) Without prejudice to the other limitations and exclusions of liability in these Terms, IO accepts no liability

          (whether arising in contract, tort (including without limit negligence) or otherwise) in connection with the Service

          to collect tracking data which is caused by lack of credit on a “Pay as you Go” SIM card or any loss of data due to

          problems with any part of the telecommunications infrastructure on which the tracker is dependent.

          (8) DVM IoT Solutions has no liability under these Terms in relation to loss or damage resulting from failure to

          gather data occasioned by the failure of any wireless device to perform its function.

          (9) DVM IoT Solutions accepts no liability whatsoever in connection with the use of the Software on devices which

          do not comply with the minimum specifications stated in these terms.

          (10) The customer is responsible for where and how the product is fitted. DVM IoT Solutions is not liable if the

          device is lost or damaged.

DATA HISTORY

          Data history held on theinsight.app servers will be maintained on the server only so long as the device is active/live/in use. Inactive devices will be removed from theinsight.app servers occasionally and entirely at the discretion of DVM IoT Solutions. It is solely the responsibility of the device user (customer) to save their data history using the file export facility on the history page of their panel. DVM IoT Solutions has no liability under these terms for data history lost or deleted from theinsight.app.

SERVICE / GSM / LoRaWAN NETWORK AVAILABILITY

          DVM IoT Solutions reserves the right to carry out regular maintenance of theinsight.app, which may affect the availability of the Service. DVM IoT Solutions will use its reasonable endeavors to ensure that apart from scheduled maintenance, the panel is available for use at all other times.

ACCEPTABLE USE

          The Service may not be used for any unlawful, fraudulent, or abusive purpose and must be used as required by all applicable laws. The Customer indemnifies DVM IoT Solutions in relation to any legal liability which may be incurred purely as a result of the Customer’s use of the Service. The Customer may allow third parties (including its employees and contractors) to access the online data service, but this will be at the Customer’s own risk. Access will be subject to the user agreeing to DVM IoT Solutions’ terms of use from time to time as published on the website from which the online service is provided to the Customer.

CANCELLATION BY CUSTOMER

          DVM IoT Solutions may terminate this agreement at any time, without notice, if the Customer breaches these Terms. No contract on these Terms may be terminated by the Customer, except in circumstances in which the Customer has lawfully terminated the contract (or part thereof) under which the device to which these Terms relate was supplied, in accordance with these terms. All other rights of termination which the Customer might otherwise have under the general law are expressly excluded.

DATA CHARGES

          The M2M SIM cards must not be removed from the device this shall constitute misuse of the SIM and DVM IoT Solutions shall be entitled to immediately terminate this agreement. Customer agrees that DVM IoT Solutions may monitor the use of the SIM to ensure compliance with the terms of this agreement. Equipment may be used in countries covered by the SIM card roaming agreements, subject to a prior agreement is necessary and should be arranged through DVM IoT Solutions. DVM IoT Solutions reserves the right to charge for over usage while roaming. theinsight.app removes any device login details that have not been used for 1 year. If you would like to continue using theinsight.app system, the device must be switched on at least once in this time period.

LOST/STOLEN SIMS

          DVM IoT Solutions should be informed immediately regarding any loss or stolen SIM card if the Customer suspects or should reasonably suspect the SIM card is being used in an unlawful or fraudulent manner. The Customer is responsible for all charges incurred up to the time of said notification. DVM IoT Solutions requires evidence of alleged loss or theft in the form of an Action Fraud report. DVM IoT Solutions will terminate or suspend service of the theinsight.app if DVM IoT Solutions suspects any wrongdoing.

SUMMARY

          DVM IoT Solutions is committed to the EU’s General Data Protection Regulation (GDPR). We may update our policies from time-time by posting a new version on our website, please check regularly to be aware of any updates.

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