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TERMS OF USE

WATCHINU TERMS AND CONDITIONS (“TERMS”)

These Terms consist of a Part A “Website Terms” and Part B “Terms of Sale”. The Website Terms apply to all users of the Website. In addition, the “Terms of Sale” apply to users that purchase Products (as defined below) or Data Packs (as defined below). In case of conflict between provisions in Part B and Part A, Part B prevails. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

PART A: Website Terms

  1. What’s in these terms?

These Website Terms (“Terms of Use”) govern the use of www.nickwatch.com (“Website”) offered by Watchinu Limited of 10 Nahalat Yitzhak, TEL AVIV-JAFFA , 6744809, Israel (“we” “us” or “Watchinu”). 

To contact us, please email support@nickwatch.com You may also contact us via the Website by clicking on the ‘Contact Us’ link.

  1. By using the Website you accept these terms

By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. 

If you do not agree to these Terms of Use, you must not use the Website.

We recommend that you print a copy of these Terms of Use for future reference.

  1. We may make changes to these terms

We amend these Terms of Use from time to time. Every time you wish to use the Website, please check these Terms of Use to ensure you understand the terms that apply at that time. These Terms of Use were most recently updated on the date shown at the top.  

  1. We may make changes to the Website

We may update and change the Website from time to time to reflect changes to our products, our users’ needs and our business priorities, and/or to comply with legal and regulatory requirements. 

  1. We may suspend or withdraw the Website

The Website is made available free of charge.

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or restriction and, if possible, to restore normal operation as soon as possible.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

  1. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it. We will always ensure that the transfer will not affect your rights under the contract. 

IF YOU ARE A RESIDENT IN THE U.S.:

If you are a resident in the U.S., the following applies to you instead of the above:

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

  1. How you may use material on the Website

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties, and trademark rights around the world. All such rights are reserved.

As long as you comply with these Terms of Use, we grant you the simple, non-transferable and non-sublicensable right to use the Website for private purposes. You may print off one copy, and may download extracts, share or repost any page(s) from the Website for your personal use only.

Except as expressly provided in these Terms of Use, you are not permitted to sell, rent, lease, sublicense or otherwise distribute, reproduce, copy, make publicly accessible, alter, edit or translate, reverse engineer or otherwise modify any content of the Website, in whole or in part.

In particular, you must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you use any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of):

  • Any “deep-link”, “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information, which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

  1. Do not rely on information on this site

The Website is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Website. Although we make reasonable efforts to update the information provided by the Website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. 

  1. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. We are not liable for damages caused by slight negligence, regardless of their legal basis. We are liable for the slightly negligent breach of essential contractual obligations (cardinal obligations). Cardinal contractual obligations are those contractual obligations which are imposed on you by the content and purpose of this contract, the fulfilment of which makes the proper performance of this contract possible in the first place and on the fulfilment of which you may rely and usually do rely. Our liability for breach of cardinal obligations is limited to the typical damage, which was foreseeable for you and us at the time of the conclusion of this contract.

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. The aforementioned limitations of our liability do not apply to our liability for death or personal injury or damage to health caused by our intent or negligence or the intent or negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or the case of a mandatory legal liability (e.g. German Product Liability Act). Furthermore, limitations of liability do not apply if and to the extent that we have given a warranty.
  • Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • You and we are obliged to take reasonable measures to avoid and mitigate losses.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale in Part B. 

IF YOU ARE A RESIDENT IN THE U.S.:

If you are a resident in the U.S., the following Sections 8. A. and 8. B. apply to you instead of the above:

8. A. LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF USE YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE WEBSITE UP TO FIVE DOLLARS (US$5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE OR THE WEBSITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES

THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR I ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY

8. B. INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Watchinu, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Watchinu Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) your use or misuse of the Website, (b) your violation of these Terms of Use, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify Watchinu of any claim(s) and shall cooperate fully with the Watchinu Parties in defending such claims. You further agree that the Watchinu Parties shall have control of the defense or settlement of any third-party claims.

  1. We are not responsible for viruses and you must not introduce them

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

  1. Rules about linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

  1. Which country’s laws apply to any disputes?

These Terms take into account high consumer protection standards. These Terms are governed by the laws of Israel. If you reside in a country where consumer protection standards are higher than herein or under Israeli law, such higher standards prevail.      

You can bring legal proceedings in the courts in the country in which you reside.

  1. Our trademarks are registered

Trademarks used by us are either owned or licensed by us.  You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on the Website.

All Rights Reserved. Nickelodeon, Nickwatch, Nickelodeon Slime, SpongeBob SquarePants, The Loud house, TMNT and all related titles, logos and characters are trademarks of Viacom International Inc. All Rights Reserved.

  1. Dispute resolution

Online dispute resolution. The European Commission provides an online dispute resolution (“ODR”) platform, which you can find at: https://ec.europa.eu/consumers/odr/. We are not required to participate in ODR and do not offer this. We will not participate in dispute resolution proceedings before any consumer mediation boards within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG) or Directive 2013/11/EU on alternative dispute resolution for consumer disputes. We are also not obliged to participate in such dispute resolution proceedings.

IF YOU ARE A RESIDENT IN THE U.S.:

If you are a resident in the U.S., the following applies to you instead of the above:

You agree that if you have any dispute, controversy, or claim with Us arises out of or relates to these Terms (“Dispute”), you shall first attempt to resolve that Dispute through informal, good-faith negotiations, by emailing us at support@nickwath.com, and setting out the nature of the Dispute in detail and your views on (“Notice”). Within thirty (30) days of Us receiving that Notice, we shall arrange a time to negotiate in good faith to resolve the Dispute.

Any dispute that remains sixty (60) days after we receive the Notice (or such longer period as both parties may agree in writing) may be referred by either party to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org.  The legal seat of the arbitration shall be New York, New York, and the language of the arbitration shall be English, but hearings may be held in any place manner or the parties agree, or that the arbitrator deems appropriate.  

The arbitrator shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award.  Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

You may only bring claims in your individual capacity and on your own behalf, and not in any representative capacity, or on behalf of any class or purported class, and no arbitration commenced hereunder may be joined with or include any claims by any other persons or from any other arbitrations, unless both parties consent.  Each party shall bear its own arbitration filing fees.

The arbitrator may award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees, and judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law.  Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law.  Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, YOU ARE WAIVING ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR CLASS OR REPRESENTATIVE ARBITRATION, AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE OR PARTICIPATE IN OR USE ANY SERVICE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

  1. Miscellanous

Should one or more provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the Terms of Use in other respects. In such a case, we and you agree to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the intention of the invalid or unenforceable provision. The same applies to the filling of contractual gaps. With respect to your use of our website, these Terms of Use constitute the entire agreement and any or all oral or written agreements and understandings previously existing between you and us are superseded hereby.

IF YOU ARE A RESIDENT IN THE U.S.:

If you are a resident in the U.S., the following applies to you instead of the above:

No waiver by Watchinu of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Watchinu to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. With respect to your use of our website, these Terms of Use constitute the entire agreement and any or all oral or written agreements and understandings previously existing between you and us are superseded hereby.

PART B: WATCHINU TERMS OF SALE (“TERMS OF SALE”)

The following Terms of Sale apply in addition to the Terms of Use in Part A. Unless changed or amended by this Part B, the provisions of the Terms of Use in Part A also apply to these Terms of Sale. 

  1. WHAT’S IN THESE TERMS?

These are the terms and conditions on which we supply 

  • goods (e.g. the NickWatch and/or Power Station, or any other accessory, “Goods”), and 
  • a Data Pack plan to the services, which includes activation of the functionalities of the NickWatch, the network connection, the firmware and software updates, (the “Data Pack”) and the SIM embedded in the NickWatch (“SIM”) for the duration of the plan,

on our website www.nickwatch.com to you. When we are referring to the Goods and the Data Pack together, we will refer to them as “Products” in these Terms of Sale.  

  1. OUR CONTRACT WITH YOU

Age restriction. Agreeing to these Terms of Sale you confirm that you are at least 18 years of age and permitted by law to conclude a contract.

How to place an order. You can place an order for any of the Products, including the Data Pack, on our Website. To place an order, start by placing the desired Products in the shopping cart. There you may modify at any time the desired quantity or delete products completely. If you have placed Products in the shopping cart, by clicking on the button “Next“ you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click “Edit” next to the respective field. To cancel the order process before placing the order, you can simply close your browser window. By entering your details and valid payment information and clicking “Order with obligation to pay” in the last step of the order process, you submit a binding offer for purchase of the Goods displayed in the order overview and/or for booking of the services listed in the order overview. 

How we will accept your order. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. Our acceptance of your order will take place when we email you separately a shipping confirmation, at which point a contract will come into existence between you and us. 

If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the applicable product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If we cannot accept your order of a NickWatch, we will also reject your order for the Data Pack. 

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

We only deliver to locations indicated on the Website at the time when you place your order.

Saving contractual provisions. You will receive the contractual provisions together with information on the Products ordered including these Terms of Sale and the information on the right to change your mind by email upon acceptance of the contract. We do not save the contractual provisions for you.

  1. INFORMATION ON REQUIRED DATA PACK, MOBILE PHONE AND MOBILE APPLICATION 

In order to make full use of the NickWatch, you will need to 

  • buy a Data Pack from us, 
  • have a mobile phone, and 
  • download and install the NickWatch mobile application (“App”) on your mobile phone. Your download and use of the App is governed by the Nickwatch Mobile Application Terms of Use available here. The App may not be compatible with all mobile devices so please check our website for more information about compatibility requirements before proceeding with the purchase of any Products. 
  1. OUR GOODS and DATA PACK

NickWatch features are only functional with a Data Pack, which must be selected before checkout. Data Pack, billing and account information are managed via the NickWatch App. All features of the NickWatch besides the time display and settings will be inaccessible if a Data Pack is not purchased or renewed.

Goods may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that they accurately reflect the colour of the Products. Your product may vary slightly from those images. 

Different types of Data Packs. There are different types of Data Packs you can choose from. We offer 

  • a Data Pack with a monthly billing cycle,
  • a Data Pack with a 12-months billing cycle, 
  • and a Data Pack with a 24-months billing cycle 

all of which may be terminated according to clause 10 of these Terms of Sale.

Packaging may vary. The packaging of the product may vary from that shown in images on our website. 

  1. OUR RIGHTS TO MAKE CHANGES TO PRODUCTS

Minor changes to the Products. We may change the Products to a minor extent and within reasonable limits: 

  1. to reflect changes in relevant laws and regulatory requirements; and 
  2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Products.
  3. PROVIDING THE GOODS (DELIVERY AND OWNERSHIP)

Delivery costs. The costs of delivery will be as displayed to you on our Website.

When we will provide the Goods. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. 

We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received. 

When you own Goods. You own the Goods upon full payment and delivery to you.

What will happen if you do not provide required information to us. For delivery purposes, we have to rely on the information you provided us with (e.g. correct address). If we cannot provide you with the Products due to incomplete or incorrect information, we may end the contract and give you a refund of any money you have paid in advance for the Products you have not received minus any reasonable compensation for losses we have incurred as a result of your failing to provide the correct and complete information. 

  1. DATA PACK BILLING AND ACTIVATION

Activation of the Data Pack. For the Data Pack we will supply the services to you upon the activation of the NickWatch. To activate your NickWatch, please follow the quick start guide, found in the NickWatch box.

Billing of the Data Pack. We will start billing 

  1. in case of a Data Pack with a monthly billing cycle, when the device is activated, and 
  2. in case of a Data Pack with a 12 or 24 months billing cycle, at the time of purchase. 
  3. SUSPENDING OUR PROVISION OF OUR SERVICES UNDER THE DATAPACK

Reasons we may suspend the supply of our services under the Data Pack, above all the feature or connection of the NickWatch, to you. We may have to suspend the supply of the Data Pack:

  1. to deal with technical problems or make minor technical changes;
  2. to update the features, firmware of the Nickwatch or the App to reflect changes in relevant laws and regulatory requirements;

if you do not pay. If you do not pay us for the Data Pack when you are supposed to and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the Data Pack until you have paid us the outstanding amounts. 

We will contact you to inform you we are suspending supply of the Data Pack and will stop suspension once the reason for suspension does no longer exist.

  1. YOUR RIGHTS TO END THE CONTRACT

You can end your contract with us in accordance with the legal rights that are available to you.  One of these legal rights is if you have changed your mind about the Products (cancellation) – see clause 11 of these Terms of Sale. 

Termination of Data Pack. All Data Packs are subject to statutory rights to termination for cause. The Data Packs we offer have a fixed term (one month, 6 or 12 months) and will be automatically renewed.  You may terminate the Data Pack without cause any time by deactivating the “Auto-renew” toggle in the App (please see in the App under “Billing and Data Packs”). The termination of the Data Pack will be effective at the end of the current billing cycle. If not terminated, the Data Packs will renew automatically for an indefinite period. You have the right to terminate your Data Pack at any time. Your Data Pack will end one month after you have deactivated the “Auto-Renew” toggle in the App or otherwise declared your termination. 

EXERCISING YOUR RIGHT TO CHANGE YOUR MIND – THE COOLING OFF PERIOD (CANCELLATION)

You have a legal right to change your mind about the Products and receive a refund and cancel the contract with us. You do not have to provide us with a reason for your decision. Your rights are explained in more detail in this clause.

How long do I have to change my mind (cancellation)? 

You have 14 days after the day you (or someone you nominate) receive the Products, unless you order multiple Goods and your Goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery of Goods in your order, to change your mind. To meet the deadline of 14 days, it is sufficient to dispatch the notice of cancellation in good time.

Tell us you want to cancel the contract. To cancel the contract with us, please let us know by doing one of the following:  

  1. Email. Email us at support@nickwatch.com Please provide your name, home address, details of the order and, where available, your phone number and email address and confirmation of whether you are cancelling the contract for all ordered Products or only for some of the ordered Products. In case you have not changed your mind with respect to all ordered Products please let us know which orders you would like to cancel (Data Pack, NickWatch and/or charging station) You can but do not have to use the optional Model Cancellation Form available here. 
  2. Online. After logging-in your account at www.nickwatch.com, request a return via “My Returns” section.

Returning Goods after cancellation of the contract. If you cancel the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us after receiving the “Return Merchandise Authorization” via this link . If you are exercising your right to change your mind, you must send off the Goods without undue delay and in any event not later than within 14 days of telling us you wish to cancel the contract.

Costs of return. Where you are exercising your right to change your mind (cancellation) you must pay the costs of return. However, we can arrange a return on your behalf and deduct the cost of this return from your refund. The cost for such return will depend on the method and place from which the Goods are returned and will be equivalent to the direct cost to us. Please contact customer services if you would like to find out more about, or arrange this option. 

How we will refund you.  We will refund you the price you paid for the cancelled Products including delivery costs (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), by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. For example, this means that you are entitled to open the packaging for the NickWatch and charging station, turn them on and test their functionality. You may not connect the NickWatch to the App or otherwise register the NickWatch. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 

When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made without undue delay and in any event not later than 14 days from the day you tell us you wish to cancel the contract. We may withhold reimbursement until we have received the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. 

  1. OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. In particular, if we are legally permitted, we may end the contract at any time by writing to you if you do not make a payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due.

We may withdraw the Data Pack. We will let you know at least 30 days in advance of our stopping the Data Pack and will refund any sums you have paid in advance for any Data Pack which will not be provided. 

  1. IF THERE IS A PROBLEM WITH THE PRODUCT

How to tell us about problems. If you have any questions or complaints about the product, please contact us using the information set out at clause 2 of these Terms of Sale. 

Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these terms will affect your mandatory legal rights.

Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject defective Goods you must post them back to us. We will pay the costs of postage or collection. Please call customer services using the information set out in clause 2 of these Terms of Sale for a return label.

  1. PRICE AND PAYMENT

Where to find the price for the product. The price or fee of the Product (which includes VAT) will be the price indicated on the product pages and the order pages when you placed your order. 

How and when payment must be made. We accept payment using the forms of payment set out on our website. Payment deadlines depend on the Product ordered:

  1. For Goods (e.g. the NickWatch and charging station), you must pay for the Goods before we dispatch them. 
  2. For the Data Pack, you must pay the Data Pack fee in advance on a monthly basis or as a pre-payment on a 12 or 24 months basis, giving you access to the Data Pack. When you opted for a Data Pack with monthly billing cycle, we will only start charging you for the Data Pack 30 days after checkout. For a Data Pack with a 12 or 24 months billing cycle, we will charge you at checkout for the first cycle  but we will start the Data Pack only after activation of the NickWatch.
  3. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which comply with your legal rights.

We will compensate for defective digital content. If defective digital content, which we have supplied for the NickWatch, damages the NickWatch and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which was caused by you failing to correctly follow installation instructions.

We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

IF YOU ARE A RESIDENT IN GERMANY:

If you are a resident in Germany, the following applies to you instead of the above:

We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the Product Liability Act and Telecommunication Act (Sec. 69 and 70 TKG) remain unaffected. 

IF YOU ARE A RESIDENT IN THE U.S.:

If you are a resident in the U.S., Sections 8. A. and Section 8. B. of the Terms of Use apply to you instead of this Section 13.

  1. OTHER IMPORTANT TERMS

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

UPDATED: March 2024