Terms and conditions - Yacht Sentinel

Terms & Conditions

IMPORTANT! READ CAREFULLY: YOU SHOULD CAREFULLY READ THIS LICENSE AGREEMENT BEFORE ACCEPTING THIS AGREEMENT OR USING THE PRODUCT. BY CONFIRMING YOU ACCEPT THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT OR BY DOWNLOADING OR USING OR PURCHASING THE PRODUCT, YOU INDICATE YOU ACCEPT THESE TERMS AND CONDITIONS AND UNDERSTAND THAT THEY WILL BE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH THESE TERMS, OR DO NOT WANT THEM TO BE BINDING ON YOU, DO NOT ACCEPT THEM AND DO NOT DOWNLOAD OR USE THE SOFTWARE.

This End User License Agreement (“License”) is a legal agreement between You (the ‘User’, either an individual or an entity) and Yacht Sentinel Limited and Yacht Sentinel France ( together “Yacht Sentinel”). It applies to the Product (including any associated development and/or installer tools) and to any updates and upgrades to the Product.

Yacht Sentinel Limited (Registered in England and Wales, number 03531968) and Yacht Sentinel France (Registered in France, number 893230821) are trading divisions of Intelligent Devices Limited (Registered in England and Wales, number 09669274).

Terms and Conditions of this License are detailed in the paragraphs below. These Terms and Conditions apply to all goods supplied by Intelligent Devices Limited, Yacht Sentinel Limited, Yacht Sentinel France or any of its affiliates and do not affect your statutory rights.

If you have any questions with respect to our products or services, please contact us:

Telephone: +33 188 890 598. Email: sales@yacht-sentinel.com

DEFINITIONS

“Documentation” means any written computer program documentation provided with the Product which may include source code and Open Source Software

“Hardware” means the physically tangible product containing the Software

“Intellectual Property Rights” or “IPR” means patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect confidential information (including know-how and trade secrets) and all other intellectual property rights whether registered or unregistered which subsist now or in the future in any part of the world.

“Open Source Software” means software subject to an open source license

“Product” means any product distributed by Yacht Sentinel, which comprises the Hardware and the Software, including but not limiting to Yacht Sentinel Pro, Yacht Sentinel 6, Sentinel Point 2, Sentinel Cam, Sentinel Cam 2, Sentinel Domotics, Wi-Fi Marina and Smart Plugs & Switches.

“Software” means the Documentation and software which provides data about private and commercial boats, generated by the Product, including but not limited to, engine levels, battery levels, fuel levels and transmission levels

TERMS OF USE

You acknowledge and agree that you have freely and voluntarily entered into these Terms and Conditions for Yacht Sentinel, which is an affiliate of Intelligent Devices Limited, have read and understood each and every provision, and any interpretation of these Terms and Conditions shall not be construed against us because we drafted these Terms and Conditions.

You (the ‘User’) assume full responsibility for the selection of the Applications and its associated data and/or information to achieve his/her intended results, and for the installation, use and results obtained from the Applications.

This License is effective upon your purchase of the Product and will continue in effect until terminated (a) by either party by notifying the other party in writing, or (b) automatically, upon your failure to comply with any term or condition of this License. Upon termination, you agree to destroy all copies of the Product and Documentation in your possession and to remove all copies of the Product from your personal computers and other devices.

ACCEPTANCE OF TERMS

Yacht Sentinel Limited or any of its affiliates (together ‘Yacht Sentinel Ltd’ or ‘we’) manufactures products, distributes products manufactured by third-parties and provides websites (www.yacht-sentinel.com, www.yacht-sentinel.fr and other related websites) and web and mobile applications to Yacht Sentinels Users (‘Users’) based on the following Terms and Conditions.

The Yacht Sentinel Services (‘Services’) sends information regarding vessel location and event notifications (‘Alarms’) to the web and mobile applications via the Yacht Sentinel server and associated software. The Services include a secure login for accessing information regarding each vessel equipped with a Yacht Sentinel device, which is designed to send GPS positions, NMEA and other CAN buses data, video footages and Alarms to Users. By accessing any page and services on any Yacht Sentinel websites, you agree to be bound by these Terms and Conditions.

Services provided by Yacht Sentinel to the Users may be updated by us from time to time without notice. Users may review the most current version of the Terms and Conditions at this location (www.yacht-sentinel.com/terms-and-conditions/)

This Agreement is governed by the law of France, and is subject to the exclusive jurisdiction of the courts of France.

DESCRIPTION AND PRICE OF THE GOODS

We have taken care to describe and show Yacht Sentinel products as accurately as possible. If there is anything which you do not understand, or if you wish to obtain further information, please contact us.

All orders are subject to the terms and conditions of this License. Any order sent to Yacht Sentinel shall be accepted entirely at the discretion of Yacht Sentinel and if so accepted, the conditions in these Terms and Conditions shall apply.

Every effort is made to ensure that prices shown on www.yacht-sentinel.com are accurate at the time of placing your order. If, by mistake, we have underpriced an item we will contact the Users and offer the Users the following three options:

a) Placing a new order at the correct price for those goods;

b) Cancelling the whole of the order; or

c) Cancelling the order for the mispriced goods and reconfirm a new order for the correctly priced goods.

If the Users do not choose one of the 3 available options within 14 days, the order will be cancelled, or the mispriced item will be removed from the order. If any payment has been made by the Users, the Users will be credited back using the original payment method.

If within 14 days of accepting the order we discover that all of the goods are unavailable, we will contact the Users and advise that we may cancel the order and refund or re-credit the Users within 7 working days. The refund will be credited back using the original payment method.

If within 7 days of accepting the order we discover that some but not all of the goods are unavailable, we will contact the Users and offer the option of cancelling the whole order or amending the order to a substitute alternative. If the Users do not choose a substitute alternative within 14 days, the unavailable item will be removed from the order, and we will deliver the available goods. If any payment has been made by the Users, the Users will be credited back with an appropriate amount using the original payment method.

The price of an item does not include the delivery charge, which will depend on the delivery method the Users choose, and any potential costs due to payment in different currencies, international payments, customs fees, taxes, or VAT that may be due.

USE OF CONTENT

Use of Yacht Sentinel content (software, documents, graphics, logos, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not copy, distribute, reproduce, publish, license, and sell any information, software, products or services obtained from Yacht Sentinel unless expressly permitted by Yacht Sentinel.

LICENSE

Yacht Sentinel hereby grants to you a non-exclusive, non-transferable, worldwide, limited license to use the Product together with any Documentation in accordance with the terms and conditions of this License. The Product and Documentation are owned by Yacht Sentinel or its licensors and are protected by France and United Kingdom copyright laws and international treaty provisions. Yacht Sentinel and its licensors retain title to and all copyright and other Intellectual Property Rights in the Product and Documentation.

LIMITED USE OF APPLICATIONS AND DATA LICENSE AGREEMENT

The Applications as supplied by Yacht Sentinel are licensed, not sold, to you for use only under the terms of these Terms & Conditions and Yacht Sentinel reserves all rights not expressly granted to you under this agreement.

The User acknowledges that the applications, software, programs, hardware key and documents downloaded, and underlying ideas, algorithms, concepts, procedures, processes, and methods of operation are confidential and contain trade secrets, and the User shall use its best efforts to maintain the confidentiality thereof.

The User acknowledges that the Applications, software, programs, documents and all intellectual property rights are owned solely by Yacht Sentinel. Without limiting the generality of the preceding sentence, the software, programs, applications, documents and/or user manuals are copyrighted and may not be copied except as specifically allowed by Yacht Sentinel. The copyright protection claim also includes all forms and matters of copyrightable materials and information not allowed by statutory or common law or hereinafter granted including, without limitation, material generated from the Applications, software, programs, documents and all intellectual property rights that are displayed on the screen such as icons, videos and screen displays. The Applications, software, programs and documents may contain trade secrets and are subject to the protection of International Law.

The User acknowledges that the terms and conditions of this License agreement, unless modified by Yacht Sentinel, also apply to any updated versions of the Applications, software and materials including any upgrades and enhancements related thereto. Any receipt of an updated version and the use thereof is subject to these Terms and Conditions.

Yacht Sentinel may adopt from time to time mechanical or electronic methods that Yacht Sentinel deems necessary to protect you and to control unauthorized use or distribution of the Applications, software, programs, documents and all intellectual property rights are owned solely by Yacht Sentinel.

You may not distribute, transfer, modify, adapt, translate, rent, sell, give, lease or loan the Applications, software, programs, documents and all intellectual property rights owned by Yacht Sentinel, or its associated data and /or information or create derivative works based on the Applications, software, programs, documents and all intellectual property rights owned by Yacht Sentinel, its associated data and/or information or the accompanying written materials.

USE LIMITATIONS

You must inform each user of the Product of the terms and conditions of this License. For the purpose of this License, “use” means copying, transmitting or loading the Product into the permanent memory of a personal computer or other device for the processing of the instructions contained in the Product. You may not modify, decompile, disassemble, reverse engineer or create derivative works of the Product. You may not make copies of the Product or Documentation, except as stated above, and except that you may (a) make one copy of the Product solely for backup or archival purposes, or (b) transfer the Product to a single hard disk or other storage medium you control, provided you keep the original solely for backup or archival purposes, in each case including Yacht Sentinel’s copyright and other Intellectual Property Rights notices. You may not permit or facilitate use of the Product in any manner that would constitute a breach of the terms and conditions of this License.

LIMITATION OF WARRANTIES

You assume responsibility for the selection of the Product to achieve your intended results and for the downloading and use of, and results obtained from, the Software. Yacht Sentinel does not warrant that the functions contained in the Product will meet your requirements, that the operation of the Product will be uninterrupted or error free, that the Product will be compatible with any software or hardware (except software and firmware authorized by Yacht Sentinel) or that the Product will be free of vulnerability to intrusion or attack. Yacht Sentinel provides no warranty regarding any claim arising out of loss of data and alerts, loss of connectivity during use of the Product, GPS or reception and accompanying operation of the Product, and/or inaccurate insights, analytics or other metrics. Your use of the Product is dependent on the availability and coverage of third party systems and facilities such as wireless networks, telecommunications networks, NMEA 2000 networks, satellite positioning systems and the internet. Yacht Sentinel is not responsible for the operation, availability or failure of such third party systems or facilities or loss of data due to poor or lack of coverage. Due to limitations of security systems and because Yacht Sentinel does not install or connect the products and because the products may be used in conjunction with products not manufactured by Yacht Sentinel, Yacht Sentinel cannot guarantee the performance of the security system and shall not be responsible for circumstances resulting from the product’s inability to operate. In no event will Yacht Sentinel be liable to any buyer or Users for any loss or damage, whether direct or indirect or consequential or incidental, including without limitation, any damages for lost profits, stolen goods, or from claims made by any other party caused by defective goods or otherwise relating to the products sold. Notwithstanding the above, Yacht Sentinel maximum liability will be strictly limited to the purchase price of any defective product. Yacht Sentinel provides no warranty arising out of (a) your use of the Product contrary to the conditions or instructions or the terms of this License; (b) modification of the Product made by anyone other than Yacht Sentinel; (c) damages due to improper use of the Product in combination with any operating system not authorized by Yacht Sentinel. NEITHER YACHT SENTINEL, ITS LICENSORS NOR ANY RESELLER MAKES AND YOU RECEIVE ANY EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCT OR THE DOCUMENTATION, ALL OF WHICH ARE PROVIDED “AS IS.” Yacht Sentinel warrants its products to be free from defects in material and workmanship under normal use for a period of 12 months from the date of purchasing. If the warranted products are returned to Yacht Sentinel during the period of coverage, Yacht Sentinel will, at its option, repair or replace without charge those items it finds defective. Any replacement and/or repaired parts are warranted for the remainder of the original warranty or ninety (90) days, whichever is longer. The original purchaser must promptly notify Yacht Sentinel in writing, during the warranty period, that there is defect in material or workmanship. In no event will Yacht Sentinel be liable to any buyer or Users for any loss or damage, whether direct or indirect or consequential or incidental, including without limitation, any damages for lost profits, stolen goods, or from claims made by any other party caused by defective goods or otherwise relating to the products sold. Notwithstanding the above, Yacht Sentinel maximum liability will be strictly limited to the purchase price of any defective product. There is absolutely no warranty on applications, software, programs, and all software products. Except as specifically stated herein, all express or implied warranties whatsoever, statutory or otherwise, including without limitation any implied warranty of merchantability and fitness for a particular purpose are expressly excluded.

LIMITATION OF LIABILITY

NEITHER YACHT SENTINEL, ITS LICENSORS NOR ANY RESELLER SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, BUSINESS INTERRUPTION OR LOST PROFITS) PERTAINING IN ANY WAY TO THE PRODUCT, OR TO ANY OF YACHT SENTINEL’S OBLIGATIONS UNDER THIS LICENSE, EVEN IF YACHT SENTINEL, ITS LICENSORS OR THE RESELLER HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU ACKNOWLEDGE THAT THE LIABILITY OF RESELLER AND/OR YACHT SENTINEL OR ITS LICENSORS, (INDIVIDUALLY AND IN THE AGGREGATE) FOR DIRECT DAMAGES ARISING OUT OF YOUR OPERATION OR USE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION (I.E., WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO YACHT SENTINEL OR TO RESELLER FOR THE PRODUCT.

SPECIFICATIONS MAY CHANGE WITHOUT NOTICE

To obtain service under this warranty, please return the item(s) in question to the point of purchase as all authorized distributors and dealers have a warranty program (where prior authorization is required before returning product). Yacht Sentinel will not accept any shipment whatsoever for which prior authorization has not first been obtained.

The warranty for international customers is the same as for any customer within France, with the exception that Yacht Sentinel shall not be responsible for any customs fees, taxes, or VAT that may be due. For those jurisdictions where the legal minimum warranty exceeds twelve months, this warranty will be equally extended to meet such legal minimum requirement.

Yacht Sentinel, directly or through its reseller, reserves the right to make Product updates and upgrades and deliver them to you (either directly or via its reseller), to keep the Product in good working condition during the term of this License.

Dealers, installers and/or others selling Yacht Sentinel products are not authorized to modify this warranty or make any additional warranties that are binding on Yacht Sentinel.

LIMITATIONS OF ALARM SYSTEMS

It must be understood that while Product is highly advanced and secure, it does not offer any guaranteed protection against burglary, theft, fire, sinking, dead batteries or other emergency. This is due to a number of reasons, including by not limited to, inadequate or improper installation/positioning, sensor limitations, battery performance, wireless signal interruption, inadequate maintenance or the potential for the system or the NMEA 2000 network or the GSM signal to be compromised or circumvented or SAT phone or cell phone coverage area. As a result, Yacht Sentinel does not represent that the alarm system will prevent personal injury or property, or in all cases provide adequate warning or protection.

Security systems should therefore be considered as one of many tools available to reduce risk and/or damage of burglary, theft, fire, sinking, dead batteries or other emergencies. We also strongly recommend you to regularly maintain and test Product and stay aware of new and improved Yacht Sentinel products and developments.

CONFIDENTIALITY AND DATA PROTECTION

You undertake that you shall not at any time during this License and for a period of five (5) years after termination of this License, disclose to any confidential information which may have been disclosed to you during your use of the Product. You may disclose the Product confidential information only where required by law or a court of competent jurisdiction or any governmental or regulatory authority, or to your employees who have a need to know for the purpose of using this License (in all such cases you will ensure your employees are bound by confidentiality obligations no less stringent than in this License and you shall remain responsible for any breach by them). You will comply with your enhanced data protection obligations pursuant to Data Protection Laws when processing any personal data as an independent Data Controller (as defined in Data Protection Laws) for the purposes of this License. You shall notify Yacht Sentinel immediately and without undue delay on becoming aware of a personal data breach. Data Protection Laws shall mean: (i) Regulation (EU) 2016/679 (GDPR); (ii) the Data Protection Act 2018 as amended; and (iii) any national laws, regulations or legislation implementing or amending the foregoing from time to time. You agree to Yacht Sentinel processing your personal data where necessary for the performance of this License (and any other contract between you and Yacht Sentinel) in accordance with Yacht Sentinel’s obligations under Data Protection Laws and pursuant to its privacy policy.

PRIVACY STATEMENT

Yacht Sentinel has created this privacy statement to demonstrate our firm commitment to privacy. Yacht Sentinel takes reasonable precautions to keep all information obtained from Users secure against unauthorized access and use of our websites and we periodically review our security measures. We hope that this policy will help increase your confidence in and enhance your experience on our websites and Applications.

As a general guideline, Yacht Sentinel is committed to protecting Users’ privacy. You can navigate through most of our websites without revealing personal information. Our web server may collect the domain names and log IP addresses to help diagnose problems with our server, to analyse our statistics and to administer our websites. In some instances, we may ask for personal information to make Users aware of new products or Applications and/or request that Users complete forms for contests or other business purposes. If Users decide to complete forms for contests or other purposes, Yacht Sentinel may use such information to customize the advertising and content, fulfil Users requests for products and/or services, improve our services, contact Users, and conduct research.

Yacht Sentinel takes commercially reasonable steps to protect Users’ confidential information. Yacht Sentinel does not rent, sell or share personal information about Users with non-affiliated companies, without Users’ permission. By using any of our websites, Users signify their agreement with this Privacy Statement and other terms and conditions found in websites. Yacht Sentinel reserves the right, at our discretion, to change, modify, add or remove portions of this policy at any time. Users continued use of the websites following changes to these Terms and Conditions means the Users accept those changes. Any claim relating to the content or use of confidential information shall be governed by the internal substantive laws of France.

PAYMENT

Payment can be made by any of the options advertised on our websites. If payment fails, the order will be cancelled. There will be no delivery until cleared funds have been received.

DELIVERY

Delivery will be made to the address specified when you complete your order.

If you refuse the delivery of your order for reasons under the Consumer Contracts regulations or you fail to take delivery because you have cancelled your order under the Consumer Contracts regulations, Yacht Sentinel will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

By exercising your right to cancel you are required to return the goods to Yacht Sentinel.

If you fail to return the goods to Yacht Sentinel, we reserve the right to deduct any costs incurred by retrieving the goods from you.

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Yacht Sentinel will not however be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.

All delivery dates are quoted in good faith but Yacht Sentinel reserves the right to alter them notifying the customer as soon as is reasonably practicable.

Upon receipt of your order, you will be asked to sign for the goods received. If the package does not appear to be in good condition, then please refuse the delivery. If you are unable to check the contents of your delivery, then please sign for the parcel as “UNCHECKED”. Failure to do so may affect any warranty claims that you make thereafter.

Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbour). When an item is delivered the risk of damage to or loss of the item passes to you.

REFUND POLICY

If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days after Yacht Sentinel receives the returned goods. If any parts are missing, then the refund amount will be adjusted to compensate.

FAULTY PRODUCT

If you receive goods that are faulty or incomplete on arrival, you must notify us within 28 days of receipt of the item.

If the goods are less than 28 days old, you have the option of a refund or direct replacement.

If the good are over 28 days old, we will test the product for the fault. If the fault is verified, we will try to repair the item and if we are unable to repair we will replace it with a replacement item, or if we are unable to replace we will issue a refund in line with our refund policy.

If the goods you have returned are not found faulty by our trained technicians, the goods will be returned to you at your cost.

WEB APPS & MOBILE APPS

By agreeing to these terms and conditions you should make sure that you read them carefully before using the web apps or mobile apps (together the ‘Apps’). Web apps or mobile apps include, but are not limited to, ‘Yacht Sentinel Pro’, ‘Yacht Sentinel Hub’, ‘Sentinel Point 2’ and ‘Partner Platform’. There are provided to you at no cost. You are not allowed to copy, or modify the Apps, any part of the Apps, or our trademarks in any way. You are not allowed to attempt to extract the source code of the Apps or make derivative versions of the Apps. The Apps themselves, and the trademark, database rights and other intellectual property rights related to it, still belong to Yacht Sentinel.

Yacht Sentinel is committed to ensuring that the Apps are as useful and efficient as possible. For that reason, we reserve the right to make changes to the Apps or charge for their services, at any time and for any reason. We will never charge you for the Apps or its services without making it very clear to you exactly what you are paying for.

The Apps store and process personal data and your boats information so that you have accurate information of your boat at all times. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. If you do so the Apps will not work properly or at all.

You should also be aware that Yacht Sentinel will not take responsibility for functions of the Apps such as ability to download and store your boats information if you are offline and have not data connection. The Apps require an active internet connection to work so you will need either mobile data or WI-FI to access the application.

If you are using the Apps outside of an area with Wi-Fi, you should remember that your terms and agreement with your mobile network provider will still apply, as a result you may be charged by your mobile network provider for the cost of data for the duration of connection while using the application. Yacht Sentinel will not cover charges incurred by the use of satellite communication.

At some point we may wish to update the Apps. The Apps are currently available on Android and iOS. The system requirements for both systems may change over time, at that time you may need to update the Apps to the latest version of that operating system. Yacht Sentinel does not promise to always update the Apps to the iOS/Android version that you have installed on your device.

GENERAL

This License is the complete and exclusive statement of the agreement between you and Yacht Sentinel, and this License supersedes any prior proposal, agreement, or communication, oral or written, pertaining to the subject matter of this License. Nothing in this License is intended to or shall be deemed to establish any partnership or joint venture between you and Yacht Sentinel, nor does it authorize you to be an agent of Yacht Sentinel or authorizes you to make or enter into any commitments for or on behalf of Yacht Sentinel. No one other than you shall have any right to enforce any of the terms of this License. This License shall be governed by the laws of France and the French courts shall have exclusive jurisdiction. All questions concerning the terms and conditions of this License should be directed to Yacht Sentinel in writing to sales@yacht-sentinel.com or by telephone to +33 188 890 598.

You acknowledge that you have read all of the above terms and conditions, understand them, and agree to be bound by them. You understand that any reseller that sells the Product to you is not an agent of Yacht Sentinel and is not authorized to make any representations or warranties on Yacht Sentinel’s behalf nor to vary any of the terms or conditions of this License.