For the use of its Website available at https://aktiia.com (the Website), the Aktiia mobile solution accessible on the App Store and Google Play Store (the Mobile Application), and the products and/or services available through the Website, the Mobile Application or any other channel mentioned in these Terms and Conditions (T&C), which Aktiia SA provides, rue du Bassin 8a, 2000 Neuchâtel, Switzerland (we, our or Aktiia).
I. GENERAL PROVISIONS
1. Terms of Access
1.1 Acceptance. Any access or use of the Website, the Mobile Application, or the services available through it (the Services), including ordering and purchasing products (Products), are subject to this T&C. Anyone who accesses and/or uses the Website, the Mobile Application and/or the Services (a User or you) agreed to these T&C.
1.2 Personal prerequisites. To use the Website, the Mobile Application or the Services, you must (i) be an individual who is 18 years or older; and (ii) provide the information required during registration.
1.3 Access. You are responsible for procuring at your expenses the equipment and software (computer, software, telecommunication means, etc.) required to access the Website, the Mobile Application, and for the payment of any costs incurred through their use.
2. Personal Account
2.1 Account. Certain features of the Website or the Mobile Application are only available to users having created a personal account (the account) and logged in to their account.
2.2 Accuracy. You warrant that all information you provide in the registration process or otherwise is true and accurate. Therefore, you must keep such information up to date at any time.
2.3 Confidentiality. You are responsible for the quality and confidentiality of your Account credentials and for the use that is made of your account, including any third party’s use, irrespective of whether you authorised such use or not. You are entirely liable for any losses and/or damages that may result from any such use. You must immediately notify us of any unauthorised access or use of your account or any other breach of security.
3. Intellectual property
3.1 Title to IP. Subject to Section 3.3 (User Content), we and our licensors own the copyright and all intellectual property rights in and to the Website, the Mobile Application, the Services, and the content published on it (the content).
3.2 Licence. Subject to your compliance with these T&C and any additional applicable terms referred to on the Mobile Application, we grant you a non-exclusive, non-transferable, non-assignable, revocable and limited license, without the right to sublicense the Mobile Application and the Content for your personal use, strictly to use the services in accordance with these T&C. Except as stipulated otherwise in these T&C, you are expressly prohibited from using the Mobile Application or the Services on behalf or for the benefit of any third party. We and/or our licensors reserve all rights on the Mobile Application, the Content and the Services not expressly granted herein.
3.3 User Content. The Mobile Application allows Users to upload, publish or transmit content, such as log information, answers to the survey (the User Content). As long as your account is active, you can access your User Content via your Account interface. Ownership in the User Content you upload remains with you. We may use your User Consent to the extent required to provide, monitor and improve the Website, Mobile Application and Services. We will not share your User Content with other users or sell it to third parties. However, provided we use reasonable effort to anonymise it, we reserve the right to reuse your User Content for scientific publications, to generate recommendations that are useful to other users, for developing and marketing new services and for statistical analysis; to this end, you hereby grant us a worldwide, free of charge, perpetual, irrevocable, transferable, assignable license, with right of sublicense, to use your User Content for those purposes. We reserve the right (but do not have the obligation) to adjust, refuse or remove any User Content at our sole discretion.
3.4 Third-Party Content. The Website, the Mobile Application and the Services may contain content and/or software components developed, distributed and/or licensed by third parties (Third-Party Content). Such Third-Party Content is licensed to you under the applicable terms and conditions of the respective third party. We will use our best efforts to identify any such Third-Party Content. Nothing in these T&C restricts, limits or otherwise affects any rights or obligations that you may have, or conditions to which you may be subject, under any applicable open source licenses to any open-source software which may be incorporated in and/or provided together with the Website, the Mobile Application.
3.5 Infringement. Suppose you think that the Website, the Mobile Application, the content, or services provision infringe any copyright or other intellectual property right. In that case, you may at all times contact us at firstname.lastname@example.org, and we will investigate your request.
4. Restriction of use
4.1 Obligations and Restrictions. You must at all times comply with these T&C and all laws and regulations applicable to the use of the Website, the Mobile Application and the Services. Subject to mandatory law to the contrary, you are not allowed to: (i) use and/or access the Website, the Mobile Application for purposes other than those provided for in these T&C; (ii) copy, reproduce, frame, mirror, crawl, republish, modify, create derivatives of, any part of the Website, the Mobile Application, the Services and/or the Content; (iii) access or attempt to access the source code of the Website or the Mobile Application, attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website, the Mobile Application or their infrastructure; (iv) introduce or attempt to introduce Trojan horses, time bombs or other programs designed to damage, cause adverse effects, intercept or counteract any system, data or personal information (v) access or use the Website, the Mobile Application or the Services for the purpose of building a competitive product or service or copying its features or user interface; and (vi) allow third parties to utilise all or part of the Website, the Mobile Application, the Services or the Content to which access is restricted.
4.2 User Content. You represent and warrant that your use of the Website, the Mobile Application, and that your User Content, shall not (i) infringe, or cause a third party to infringe, any applicable law or regulation; (ii) infringe any intellectual property right, or other proprietary rights or right of publicity or privacy; (iii) be unlawful; (iv) include any false, incomplete or inaccurate information about yourself, or any information about any other individual, company or other legal entity, or be defamatory or trade libellous; (v) be obscene or contain pornography; or (vi) be inadequate or of inadequate language.
4.3 Non-compliance. Without limiting the rights otherwise provided under these T&C, in the event of non-compliance with these T&C, we reserve the right to refuse you access to the Website, the Mobile Application or to refuse to provide the Services and Products.
5. Amendment and suspension
5.1 We reserve the right at any time, without having to specify any particular reason, to temporarily or permanently modify or discontinue the Website, the Mobile Application, any Content or any Free-Of-Charge-Service, with or without notice, without incurring any liability.
5.2 If you have an Account, we may, at our sole discretion, temporarily or permanently suspend, cancel or terminate your account, any information relating in addition to that, and/or your access and/or use to all or part of the Website if you are in breach of these T&C.
5.3 If you use our Service, we reserve the right at any time to modify or change the Service as long as a connected Product is still functional. You have no right to demand a specific appearance or functionality of a used Service.
II. ORDERS AND SALES OF PRODUCTS
The order and sale of the Products through the Website or the Mobile Application are subject to the terms of this Section II (in addition to the other parts of these T&C), in such version as is in force at the time of ordering the Products.
6. Products and Prices
6.1 Presentation. The Products are described as precisely as possible. However, the images displayed are indicative only, may differ from the final Product and have no binding contractual effect.
6.2 Availability. Although we will in a general state when Products are not available, the availability of the Products on the Website or the Mobile Application is not guaranteed. Orders are placed subject to availability.
6.3 Price. Content and pricing are localised based on the country from which you select at the time of visiting the Website. Unless otherwise stated, the prices on the Website or the Mobile Application are displayed in the currency of the country associated with the localised version of the Website that you access. The prices indicated on the Website or the Mobile Application at the time of the order shall apply. We reserve the right to change the cost of the Products at any time.
6.4 Charges and costs. The prices of the products include all fees related to cross country shipping like any foreign taxes, customs charges, shipping and insurance charges.
6.5 Payment Option. You may either choose to pay the total price once or pay in instalments over time. Once your purchase is made, and payment of instalments (Instalment Plan) is complete, you will have ongoing access to the product features. Aktiia reserves the right to solely determine which features are included and make changes at its discretion.
6.6 Instalment Plans. The initial minimum term indicated in writing on the Website or Mobile Application and in the absence of a term specified for an fixed duration of 12 months (the Initial Term). Instalment Plans are concluded upon successful completion of all payments by the end of the Initial Term. Instalment Plans are not eligible for cancellation once the order has been placed, except under the conditions of a withdrawal or return as detailed in Section 9.
6.7 Retention of title. If you decide to pay your ordered Product in instalments over time, we retain title to the Product until payment has been made in full.
7. Order and purchase
7.1 Order. You must fill in the required information and click on the “Buy Now” button in the Website interface to place an order. You will then be able to check your order information. To complete the order, you must accept the T&C and validate the order. Any order that you place via the Platform constitutes a binding offer on your part to enter into a contract with us. If you wish to cancel or modify an order once it has been placed, please check our Frequently Asked Questions section to see if this may be possible in your situation. By submitting your order to us, you make a firm commitment to pay the price indicated on the order confirmation.
7.2 Payment. To proceed with your order, you must enter a valid payment method, depending on the options available on the Website or the Mobile Application.
7.3 Confirmation. If the means of payment is accepted, Aktiia will receive your order and check the availability of the ordered product. If available, a confirmation email will be sent to you. If the ordered product is not available, or if for any other reason your order cannot be accepted, you will be notified by email and will no longer be bound by your order. A sales contract for the product is only concluded when Aktiia confirms your order.
7.4 Changes by Aktiia. We may have to refuse, reject or cancel an order after being confirmed for any reasonable reason. In this case, you will be notified of the delivery of a partial order or the cancellation of your order. If you have already paid for certain Products, we will reimburse you for the total amount of the relevant products and all invoiced delivery costs as soon as possible. We may also refuse an order in the event of a dispute regarding payment for previous orders or in the event of abnormal orders and orders which Aktiia suspects were not placed in good faith.
8.1 Delivery. Products that are the subject of a validated order will be delivered to the address specified in the order by a carrier of our choosing. We reserve the right to contact you for further information regarding your order and delivery. Delivery dates are provided for indicative purposes only. If you order more than one product, we may make partial deliveries.
8.2 Fees, Duties and Shipping. Delivery will occur from the Netherlands. To provide a seamless shopping experience, we will manage the fees, duties and shipping on your behalf. In the case of a refund, these fees, duties and shipping costs will not apply to your refund amount as per the terms of section 9.
9. Right to withdrawals
9.1 In General. In accordance with the European Union laws on distance selling transactions, we offer our costumers a right of withdrawal without giving any reason.
9.2 Exercising your withdrawal right. You have the right to withdraw from purchasing a Product within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day you receive, or a third party other than the carrier and indicated by you receives, physical possession of the Products. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement. You may use the below model withdrawal form. We recommend using email as a contact method. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. The item returned should be accompanied by the Cancellation Letter and the online dispatch note (included with the delivered order). If you have lost or misplaced your online dispatch note, please contact Customer Service.
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract):
- I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods /for the provision of the next service (*)
- Order number
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Reason for return (optional)
- Confirmation of return
- Signature of consumer(s) (only if this form is notified on paper)
- All goods returned for refund under Clause 9 must be:
- Returned in their original condition
- In their original packaging
- With proof of purchase
9.3 Returns. Upon receipt of your withdrawal form and confirmation that the conditions for withdrawal are met, Aktiia Customer Service or our logistics partner will provide you a return shipping label to be used for return of the item. We strongly recommend using our shipping label to minimise the expenses for you. You shall send back the Products to us without undue delay and in any event not later than 14 days from the day you receive the shipping label, or you exercised your right of withdrawal. The deadline is met if you send back the products before the period of 14 days has expired. You are liable for any diminished value of the product resulting from the handling other than what is necessary to establish the products’ nature, characteristics, and functioning. In any case, you are obliged to bear all upcoming costs for shipping due to your withdrawal.
9.4 Refunds. Once you informed us about your withdrawal we will refund the payments received from you (excluding the fees, duties and shipping costs paid by us on your behalf) without undue delay and, in any event, no later than 30 days from the day we receive the withdrawal notice. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.
10. Product Warranty
10.1 Warranty. Subject to Section 10.2, Products (excluding straps) are warranted for two years unless a mandatory law applicable to you provide for a more extended warranty period (in which case such period will apply). The warranty start date is the delivery of the Products, which must be evidenced by the invoice for the product in question. The foregoing is without prejudice to more extended statutory limitations periods.
10.2 Exclusions. Excluded from the warranty under Section 10.1 of these T&C are, in particular, damages resulting from improper use of the Products, any use contrary to the instructions of Aktiia or for a purpose which is not indicated, negligence, modifications, attempted repair via unauthorised party, improper storage, submersion in water or conservation of the Products, accident, defects resulting from the transport of the Products, as well as normal loss or wear and tear.
10.3 Effect. To determine if your product is eligible for a refund or replacement under warranty, please contact Aktiia Customer Support at email@example.com. Based on the information provided, Aktiia Customer Support may request for you to return the product, or to destroy it. If a return is required, Aktiia Customer Support or our logistics partner will provide you a return shipping label to be used for return of the item. Only items shipped utilizing the provided label will be accepted. Please do not ship your item to any other address or utilizing any other method than as instructed by Aktiia Customer Service or our logistics partner. Once your device has been received, it will be inspected to determine if your item meets the conditions under warranty. If the warranty conditions are met, we will replace the defective product or, at our option, refund the price paid for the product (excluding the fees, duties and shipping paid by us on your behalf).
10.4 Exclusive Warranty. The warranty set out in this Section 10 of these T&C is exclusive to the extent permitted by applicable law. It replaces and supersedes any other warranty or rights you might claim regarding the Products.
11. III. FINAL PROVISIONS
The provisions of Section IV of the T&C apply to all Website uses, the Mobile Application and/or the Services.
12. Data protection
We have issued a privacy notice, accessible at www.aktiia.com/uk/privacy-policy, which describes how personal data is collected through the Website, the Mobile Application and for what purposes. That privacy notice, as amended from time to time, forms an integral part of these T&C.
13.1 Principle. You expressly acknowledge and agree that, to the extent permitted by law, we shall not be liable for any direct or indirect damages, including but not limited to damages arising under tort law, loss of profits, loss of use, loss of data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from (i) the use, unavailability or inability to use the Website, the Mobile Application, the Products or the Services, (ii) the unauthorised access to or alteration of your data, (iv) declarations or actions of any third party on or in connection with the Website, the Mobile Application, (v) information and results available on the Website, the Mobile Application, and specific information of a medical or scientific nature, as well as all linked Websites and all documents disseminated on the Website, the Mobile Application, (vi) any other cause relating to the Website, the Mobile Application.
Our legal liability for personal or bodily injury and fraud or fraudulent misrepresentation remains unaffected.
13.2 Limitation of liability. Without prejudice to the foregoing limitations, our liability for indirect and/or consequential losses or damages is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of customer base, loss of opportunity or the cost of obtaining a substitute product or service) in connection with or arising out of the non-performance or improper performance of a Service or a Product, insofar as such exclusion is permitted under applicable law. Furthermore, our liability is limited to the maximum price paid for the Service or Product.
14.1 Severability clause. If any provision of these T&C is or becomes invalid, unenforceable or non-binding, this shall not affect any other condition. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting the greatest extent possible the intent of the original provision.
14.2 Assignment. You shall not assign or transfer any of your rights or obligations under these T&C. However; we may assign or transfer any right or obligation or subcontract the performance of any of our obligations under these T&C to any third party at any time without your prior consent.
14.3 Force Majeure. We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events such as natural disasters of a substantial magnitude, wars, governmental or official acts, riots, strikes, epidemics or pandemics breakdowns of electrical or telecommunications networks. If such an event occurs, we will inform you immediately.
14.4 No waiver. Any delay or failure by Aktiia to apply all or part of the provisions of these T&C, regardless of the frequency and duration thereof, shall not be deemed a general waiver thereof.
15. Applicable law, jurisdiction and venue
15.1 Applicable law. These T&C and the relationship between you and us, as well as the order and sale of the Products, shall be governed by Swiss law, to the exclusion of its conflict of laws rules and the Vienna Convention on the International Sale of Goods.
15.2 Jurisdiction. Exclusive jurisdiction for any disputes in connection with these T&C is vested in the competent courts at the registered office of Aktiia, subject to any mandatory forum prescribed by law. Notwithstanding the preceding, nothing in these T&C prevents us from seeking injunctive relief or any other remedy available at law in any jurisdiction in case of any infringement of our intellectual property rights.
For any questions regarding the Website, the Mobile Application or the T&C, you may contact us at firstname.lastname@example.org.
These T&C may be amended from time to time, in which case you will be notified by any appropriate means (including via email, or the Website, the Mobile Application, e.g. through banners, pop-ups or other notification mechanisms). Any use of the Website, the Mobile Application after this notification shall constitute acceptance of the T&C, as amended.
The original language of these T&C is English. Any translation made available is for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.