THE PROVISIONS OF SECTION 1 ALSO APPLY TO THIS SECTION. WHERE THERE IS ANY CONFLICT BETWEEN THE PROVISIONS OF SECTION 1 AND SECTION 3 REGARDING OUR SUPPLY TO YOU, AND YOUR USE, OF OUR SOFTWARE AND SERVICES, THE PROVISIONS OF SECTION 3 WILL APPLY.
PLEASE NOTE CLAUSE 8 WHICH LIMITS OUR LIABILITY TO YOU.
These are the terms:
i. that apply to any software (including any update or updates to the software and any related documentation) that we make available to you from time to time for your use in connection with our Product(s) (“Software”); and
ii. upon which we provide our Services
whether you purchased our Product(s) through our Website or from a third-party retailer. Our Software and Services are either provided free of charge with the Products you have bought (for example same-time interaction with callers through our Ring™ Video Doorbell) or on a subscription basis where they are an additional service (for example where recordings of callers through our Ring™ Video Doorbell are uploaded to the Cloud Service).
You may only use our Software and Services in your capacity as a consumer and for non-commercial use.
These Terms tell you what you can and cannot do with our Software, how we will provide our Services to you, how you and we may change or end the contract, and what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Please ensure that you read these terms carefully before you download and install the Software through our Website or App and/or use our Service.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SECTION 3.
If you do not agree to the following terms, or do not fulfil the requirements set out in this Section 3, no licence is granted to you in relation to our Software and you may not use, install or download the Software (and any copies of the Software that you do hold must be deleted or destroyed).
Clause references in this Section 3 relate to the clause in this Section.
1. HOW WE MAY CONTACT ONE ANOTHER
17.7 How to contact us. You can contact us by telephoning our customer service team at 64 9 887 9871 or by writing to us at email@example.com.
17.8 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when subscribing to our service.
17.9 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
18.1 Downloading and using the Software. You are responsible for downloading and/or installing any Software that we make available to you to enable you to operate and benefit from all the features of the Product(s).
18.2 Licence of Software. We hereby grant you a non-exclusive, non-transferable, and non-sub-licensable licence to use the Software solely for use in connection with the Product(s) and in accordance with the terms of this Section 3.
18.3 No other rights. You shall not have any other rights in the Software or to use the Services other than the rights specifically granted in these Terms and all rights not expressly granted to you are reserved to us.
18.4 Restriction on use. You must not transfer, transmit, reproduce, rent, sell, lease, sub-license, loan to any third party, copy, publish or otherwise exploit or make commercial use of, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, create derivative works from or based upon, or combine with other material the whole or any part of the Software.
18.5 Updates. In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
19. OUR CLOUD SERVICES
19.1 Please see clause 8 of Section 1. Automatic enrolment for free trial. When you purchase our Product(s), you may have the option of making use of our Cloud Video Recording Service (the "Cloud Service"). Our Cloud Service automatically sends to us for storage any video footage and/or audio recording captured by the Product(s) installed on your property ("Cloud Recording(s)"), and allows you to later access your Cloud Recording(s) from your computer(s) or compatible device(s) for a limited period of time after such Cloud Recording(s) was created. If you turn off the Cloud Service, then we do not record any Cloud Recordings. Please note that if you elect to delete any Cloud Recording(s) from the Cloud Service, it may take us up to 24 hours to actually remove those Cloud Recordings.
19.2 You may make use of our Cloud Service in one of the following ways:
19.2.1 When you first set up your Product(s) on our Website or App, you will automatically be enrolled in a free trial of the Cloud Service, which entitles you to access the Cloud Service without payment for a limited period of thirty (30) days from the moment that you activate such trial period by pairing your Product to your personal Wi-Fi network.
19.2.2 At the end of the trial period, we may automatically charge you for the Cloud Service on the first day following the end of your trial, on a monthly or annual basis depending on your election when you first set up your Product(s). By submitting your payment details in conjunction with the trial, you agree to this charge. To avoid this charge, you must cancel the Cloud Service by either contacting us before the end of your trial period or unsubscribing from the Cloud Service via our App or Website. If you do not enter into a paid subscription for the Cloud Service, we may (but aren’t obligated to) delete any or all of your Cloud Recordings stored on the Cloud Service.
19. 3 Paid subscriptions where you are not entitled to a free trial period. You acknowledge that you are entitled to one free trial for each Product you buy which offers Cloud Recording. Where you have cancelled your subscription to the Cloud Service for a Product and later sign-up to them again (“Additional Subscription”), you will not be entitled to a further free trial.
Where you wish to sign up for an Additional Subscription you will need to contact us (contact details provided at clause 1.1). Where we agree to enter into an Additional Subscription we will send to you a confirmatory email to the email address you have provided. This email will provide you with details of your new online account through which you will be able to view your recordings.
19.4 Warranty as to Cloud Service. We warrant that the Cloud Service will be as described, fit for purpose and of satisfactory quality, in addition to any implied consumer guarantees which apply at law.
20. CLOUD RECORDINGS
20.1 Cloud Recordings. We do not claim ownership of your intellectual property rights in Cloud Recordings. You own your Cloud Recordings. However, by purchasing or using the Cloud Service, you give us the right, without any compensation or obligation to you, to access and use your Cloud Recordings for the limited purposes of providing services to you, protecting you, improving our Products, the Software, and the Cloud Service, and developing new products and services.
20.2 You also acknowledge and agree that we may access, use, preserve and/or disclose your Cloud Recordings to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce these terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of us, our users, a third party, or the public as required or permitted by law.
20.3 Limit on recording. You acknowledge your obligation to install any Product which takes visual and/or audio recordings at such an angle so that it does not take any such recordings beyond the boundary of your property (“Condition”). This means that no recordings from anyone else’s property, nor from any land not owned by you (including public pavements or roads) may be taken. Please see our Privacy Notice
21.1 Payment dates. Where we charge you for the Cloud Service, we will take payment from your nominated account on the first day that they commence. Where you are entitled to a free trial period, you will be charged on the first day following the free trial period unless you have cancelled your subscription. Where you have elected to pay monthly payments, the payments will be taken from your nominated account on the same date in each subsequent month (unless that day is a weekend or bank holiday, in which case the money will be taken from your account on the next possible day).
21.2 Refunds. Where you cancel your monthly subscription to the Cloud Service you will not be entitled to a refund of any subscription fees paid, and any fees not paid by you will become immediately payable. We will not issue a refund for any unused portion of any monthly subscription.
You acknowledge that where you have an annual subscription you will have been given a discounted rate equivalent to 10 months of monthly subscription fees. If you cancel your annual subscription at any time within the first 10 months of your subscription period, you will be charged the monthly subscription fee (i.e., what you would have paid for under the monthly subscription plan) for each month of your annual subscription period prior to your cancellation, and you may be eligible for a refund for the remainder of your annual subscription fee. After the first 10 months, we will not issue a refund for any unused portion of any annual subscription.
21.3 How we will refund you. Any refund will be by the method you used for payment.
22. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
22.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
22.1.1 Phone or email. Contact us in accordance with clause 1.1. Please provide your name, home address, details of the order and, where available, your phone number and email address.
22.1.2 By post. Contact us in accordance with clause 1.1, including details of what you bought, when you ordered or received it and your name and address.
22.1.3 Through our Website or App. You can unsubscribe through these means.
23. SUSPENSION/TERMINATION OF LICENCE TO USE THE SOFTWARE/ ACCESS THE SERVICE
Failure to comply with these Terms. We may terminate your licence to use the Software and/or suspend your access to the Service where you are in breach of any provision in these Terms (including those contained in Sections 1 and 2). You shall not be entitled to a refund of any fees paid for any period of suspension.
24. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
24.1 We are responsible to you for reasonably foreseeable loss and damage caused by our breach of the consumer guarantees set out in the New Zealand Consumer Law and any other warranties set out in these Terms, in addition to any repair, replacement or refund.
24.2 Where you have bought a Ring™ Product from a third party. Where you have bought a Ring™ Product from a third party and you are not able to download or use the Software and/or any Services, our liability to you shall be limited to the fees, if any, which you have paid to us for the relevant Software and/or Services (including the Cloud Service) and for which you have not received the benefit. You should contact the third-party retailer who sold you the Ring™ Product if you are not able to use any Software or Services which are available free of charge to you through the Website and/or App and which are necessary for the functioning of the Ring™ Product.
Please note however that where we cancel your licence to use the Software or limit your access to the Services because you have breached the Terms, we reserve the right not refund any fees you have paid for the Cloud Service.
24.3 Where you have bought a Product from us. Where you have bought a Product from us and you are unable to download or use the Software and/or any Services which are necessary for the functioning of the Product, the Services are not delivered with due care and skill or the Software and/or any Services are not fit for a purpose you made known to us, you may treat the Product as faulty in accordance with clauses 13.2, 13.3 and 13.4 of Section 2. Clause 13 of Section 2 will apply equally to faults in the Software and/or any Services and you should follow the process contained in clause 13 of Section 2 for the return of the Product and we will comply with the provisions of that clause in relation to any refund. In addition to the possible refund for the Product, you will also be entitled to a refund of any fees for the relevant Services (including Cloud Service) which you have paid and for which you have not received the benefit and any reasonably foreseeable consequential or associated loss or damage resulting from our failure to comply with the consumer guarantees that was not outside our control.
Please note however that where we cancel or limit your access to the Services because you have breached the Terms, you shall not be entitled to return your Product to us as faulty. In addition, we reserve the right not to refund any fees you have paid for the Cloud Service.
24.4 When we are liable for damage caused by our Software and/or Services to you. If defective Software we have supplied damages a device or digital content belonging to you 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 you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised. This right shall be in addition to any right contained in clauses 8.2 and 8.3, and any limitation in those clauses shall not apply in relation to any such damage.
24.5 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. To the extent permitted by law, and except as otherwise provided in these Terms and the New Zealand Consumer Law, we exclude all conditions, warranties, representations or other terms which may apply to your use of our Software and/or Services, whether express or implied.
24.6 We are not liable for your use of the Software or Services other than in accordance with these Terms and applicable law. You acknowledge and agree that we shall not be responsible for any claims, losses and/or damages incurred by you that are not caused by our conduct or our Software or Services, or relate to something independent of us after the Software or Services leave our control (for example, as a result of you combining our Software with materials/software not supplied by us or our representatives or modifying our Software without our approval), or where you use our Software or Services other than in accordance with our instructions or the provisions of these Terms.
24.7 We only supply the Software and Services for domestic and private use. If you use the Software or Services for any commercial, business or re-sale purpose then, to the extent permitted by law, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
24.8 We are not liable for any recordings made by any Products on your property. You acknowledge and agree that you shall defend, indemnify and hold us harmless against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with any claim brought against us by any third party as a result of any recordings made by any Products installed on your property or as a result of you breaching the Condition (see clause 4.2).
25. HOW WE MAY USE YOUR PERSONAL INFORMATION
25.1 We will use your personal information in accordance with ourPrivacy Notice .
26. OTHER IMPORTANT TERMS
26.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
26.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
26.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
26.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
26.5 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, 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 Cloud Service, we can still require you to make the payment at a later date.
EFFECTIVE DATE: OCTOBER 15, 2018