Terms & Conditions
Updated at 2023-07-25
Meanings
For this Terms & Conditions:
-Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
-Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Iotie Connect Ltd, (2 Riverside House, Mill Lane, Newbury, RG14 5QS) that is responsible for your information under this Terms & Conditions.
-Country: where Iotie or the owners/founders of Iotie are based, in this case is United Kingdom
-Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Iotie and use the services.
-Service: refers to the service provided by Iotie as described in the relative terms (if available) and on this platform.
-Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
-Website: Iotie’s site, which can be accessed via this URL: https://www.iotie.com
-You/Your/Customer: a person or entity that is registered with Iotie to use the Services.
-Goods means all equipment, software or services which are subject to the order which are to
be supplied to you by Iotie Connect under these Conditions.
General Terms & Conditions of Business
By accessing and placing an order with Iotie, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Iotie.
Under no circumstances shall Iotie team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Iotie team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Iotie will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
ORDERS
There shall be no binding agreement between You and Iotie Connect until Your order has been accepted in writing by Iotie Connect. Any prior indications by Iotie Connect made verbally shall be provisional only.
All orders must be placed using the standard format specified by Iotie Connect and request delivery upto 90 days of the order issue date. Orders must in any event comply with the prevailing Iotie Connect ordering procedures.
All orders are accepted subject to the availability of Goods and to these Conditions. No terms or conditions put forward by You shall be binding on Iotie Connect.
You accept that these Conditions and any specific details stated on its accepted order constitute
the entire understanding between the parties and supersede any prior promise, representation, undertaking or understanding of any kind.
If You request a change or cancellation of an order Iotie Connect reserves the right to reject the change or cancellation or accept it and charge 5% of the order value.
No cancellation will be accepted in respect of orders for items not normally stocked by Iotie Connect. Any such items would be specifically ordered by You and will be held by Iotie Connect at the Companies risk and You shall insure accordingly.
All service and order cancellations requests must be completed using the official Iotie Connect cancellation form and emailed to cancellations@iotie.com. Service cancellations will not be accepted in any other format.
PRICES
Unless otherwise expressly agreed in writing the Goods shall be sold and invoiced at Iotie Connect’s current prices at the date of despatch. Catalogues, price lists, videos and other advertising material are provided for illustrative purposes only.
Unless otherwise agreed in writing prices do not include delivery and taxes (if any) and such costs shall be payable by and invoiced to You.
All quotations are valid only on the date given and all quotations and prices are based on details provided by You and do not apply where You alter the details on which such quotations and prices are based. Iotie Connect reserves the right to charge for any omission or additional cost arising from the
provision of inaccurate or insufficient information by You and to revise prices to take into account increases in any costs of providing the Goods which occurs between the date of quotation and delivery.
DELIVERY
Delivery shall be at your premises or, if different, the place specified in the order.
Iotie Connect will deliver as near as possible to the delivery premises as safe hard road permits and to the ground floor only of such premises.
You shall provide at its own expense the labour for unloading and You shall unload with reasonable despatch. Where such labour is not made available Iotie Connect
shall be entitled to charge the cost of labour in unloading. Damage caused due to inadequate delivery access or careless unloading shall be at the Companies risk.
Dates and times quoted by Iotie Connect are estimates only and any delay in meeting delivery dates shall not give rise to a right to cancel the order or to claim damages.
You shall note any claim for short delivery and/or damage to components or packaging on the delivery schedule at the time of delivery and shall confirm such claims in writing to Iotie Connect within 7 days from the date of delivery. All Goods are deemed delivered and completed if such notice is not received
within such period.
Iotie Connect reserves the right to make part deliveries. Any request by You for Iotie to delay or split delivery may result in a stockholding charge and any additional cost incurred by Iotie Connect being payable by and invoiced to You.
Any Goods so held shall be at the risk of the You that shall insure accordingly.Subject to the clauses above risk in the Goods shall pass on delivery or collection by You or its agent, whichever is the earlier.
PAYMENT
If You is not an account holder approved in writing by Iotie Connect all invoices are payable before delivery of the Goods or immediately following submission of a pro forma invoice from Iotie Connect, whichever is the earlier.
If You are an approved account customer all invoices are payable net within 28 days of the date of the invoice.Time is of the essence with regard to payment of any sums due to Iotie Connect.
You shall not be entitled to withhold payment of any amount due to Iotie Connect in respect of any claim for damage to Goods or any alleged breach of contract by Iotie Connect, nor shall the You be entitled to any right of set-off.
Without prejudice to Iotie Connect other rights if You fails to pay any amount on the due date;
Iotie Connect shall have the right to cancel any contract made with You and/or to suspend deliveries
Iotie Connect reserves the right to charge interest on a daily basis on overdue amounts at the rate of 4% above Barclays Bank base rate until payment and or charge £30.00 + VAT per late payment.
You shall indemnify Iotie Connect and keep it indemnified in respect of all costs (includinglegal fees) reasonably incurred in attempting to recover such overdue amounts;
The whole of the balance then outstanding to Iotie Connect by You on any account whatsoever shall become immediately due and payable.
Iotie Connect reserves the right to require You to pay for Goods in advance and to recharge or refuse discount if You fail to maintain credit account arrangements satisfactory to Iotie Connect.
For all customers wishing to pay monthly for services a completed direct debit form is required. Iotie Connect will not accept monthly payment terms by any other method.
TITLE
Iotie Connect shall retain full ownership of and title to all Goods delivered to You or any part thereof unless and until You have paid all sums owing to Iotie Connect. Iotie Connect transfers no title to or ownership in Goods comprising software (or any other software) to You or any third party.
While any amount remains outstanding to Iotie Connect from You;
You shall keep the Goods as fiduciary Bailee for Iotie Connect and shall store the Goods separately from its other chattels and in a manner which clearly shows that they are owned by Iotie Connect;
You shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that remain the property of Iotie Connect;
You will deliver up or have delivered up to Iotie Connect Goods upon demand and Iotie Connect may without limiting any other rights or remedies available to it at law in equity or by statute seize repossess and/or resell Goods at its discretion and in the exercise of such rights Iotie Connect may enter any premises in which it reasonably believes from time to time any Goods are located;
You may only sell transfer or otherwise dispose of the Goods to its customers in the ordinary course of its business and in accordance with the provisions of these Conditions;
Where You are paid by or on behalf of any customer or shall receive the proceeds of any insurance claim in respect of any Goods it shall pay such proceeds to Iotie Connect as soon as reasonably practicable to do so after receipt until Iotie Connect is paid in full and shall hold the same as trustee for
Iotie Connect and keep a separate account of all such proceeds for such purpose; You shall take all due care (or ensure that all due care is taken) of the Goods and You shall bear the sole liability for insurance of the Goods and shall indemnify Iotie Connect for any loss whatsoever suffered or incurred by Iotie Connect arising out of any failure to insure such Goods.
PRODUCT WARRANTY
You acknowledge that Iotie Connect is not the manufacturer of the Goods. Iotie Connect will pass on to You such unexpired warranties it receives from the manufacturer of the Goods as are capable of transfer and Iotie Connect ‘s liability shall be limited to such guarantee as it may receive from
the manufacturer. In particular no warranty is given in respect of the documentation or goods or services not provided by Iotie Connect. Iotie Connect offers a warranty on Goods assembled by Iotie Connect from component parts and details of such warranty will be provided on request.
You acknowledge that software products are by their very nature susceptible to imperfections in operation and subject to Clause 7.1 no warranty is given in respect thereof.
Iotie Connect ‘s obligations and liabilities in respect of the Goods shall be limited to those set out expressly herein and Iotie Connect specifically excludes but without limitation the implied conditions of satisfactory quality and fitness for any particular use or purpose. Iotie Connect shall have no liability
whatsoever in respect of any advice and/or information which may be given to You by Iotie Connect relating to Goods, configuration or otherwise.
You shall ensure that any warranty and maintenance service performed on Goods is performed by a qualified representative authorised by the manufacturer to offer warranty and maintenance on those Goods.
Without prejudice to the clauses above in the event of Iotie Connect being shown to have been negligent in the supply of Goods or the provision of services its liability:
For death or personal injury of any person caused by such negligence shall be unlimited;
in respect of any defects in or failure of Goods or for the loss or damage attributable thereto or to the negligence of its employees in connection with the performance of their duties hereunder, shall be limited to the making good by replacement or repair of such Goods which upon inspection by Iotie Connect appear to be defective and in any event Iotie Connect’ maximum aggregate liability arising in respect of the supply of Goods or services shall be limited to the original VAT exclusive price for such Goods or services;
Iotie Connect makes no representation and gives no warranty in respect of the sources of origin of manufacture or production of the Goods or any part thereof.
You are advised to keep in force a maintenance contract in respect of the Goods.
PRODUCT RETURN AND REFUNDS
A copy of our refund policy can be found at https://www.iotie.com/refund_returns/
PRODUCT CHANGES
Iotie Connect will use its reasonable endeavours to inform You of any alterations made by the manufacturer to the specification of Goods.
Iotie Connect shall be entitled to substitute an alternative product of equivalent functionality and at the same price or to cancel any orders for Goods that have been declared end of life by the manufacturer.
EXCEPTIONS
Where applicable, these Terms & Conditions are superseded by product/service specific Terms and Conditions. Iotie Connect shall notify You of this at the time of contractual agreement.
TRADEMARKS, PATENTS AND COPYRIGHTS
You recognise the manufacturer’s ownership of and title to all trademarks, service marks, trade names, patents, copyright and other intellectual property rights.
You will take no action to violate, obliterate, remove, alter, conceal or misuse any such marks, trade name or copyright notice.
You will promptly notify Iotie Connect if it becomes aware of any infringement of such intellectual property rights by any third party and shall provide its reasonable assistance to Iotie Connect and/or the manufacturer in connection with any resultant proceedings.
CONFIDENTIAL INFORMATION
Iotie Connect may from time to time impart to You certain confidential information of a commercially sensitive or technical nature and You hereby agrees that it will use such information solely for the purpose of this Agreement and that it shall not disclose such information whether directly or indirectly to any third party.
SOFTWARE LICENSING
Iotie Connect shall grant to You only such rights in connection with any Goods that are software and the copyright and other intellectual property rights relating thereto as it shall be licensed to grant pursuant to the terms upon which Iotie Connect is licensed by the owner thereof. You shall only be entitled to sub-licence such software to its end user customers using the standard form license supplied by Iotie Connect.
EXPORT CONTROLS
You acknowledges that the Goods may be subject to US and local government export controls. Where these apply it is Your sole responsibility to obtain authorisation from the appropriate authorities before re-exporting the Goods from the country of purchase.
SEVERABILITY
If and to the extent that any provision or any part of these Conditions is deemed to be illegal void or unenforceable for any reason then such provision or part thereof (as the case may be) shall be deemed to be severed from the remaining provisions or parts of the relevant provisions (as the case may be) all of which remaining provisions shall remain full force and effect;
Our services are offered on an on-going basis with all payments due in advance of any service. All services are deemed contracted for a minimum of 12 months from registration or as per the individual service customer requirement form or internet order whichever is longer and thereafter are automatically renewed for a minimum of 12 months unless cancelled by either party giving a minimum of 3 month notice irrespective of payment period. Any cancellation costs incurred by Iotie Connect in ceasing services will be passed on to the customer. All customer cancellations must be completed using Iotie Connect official cancellation paperwork and emailed to cancellations@iotie.com. Cancellations will not be accepted in any other format. Subject to Iotie Connect’ discretion, charges are not refundable. Iotie Connect reserves the right to change or amend their
prices without notice.
The Iotie Connect network may only be used for lawful purposes by the Customer at the sites specified in the Registration Form Transmission. Any material transmitted through the Iotie Connect network, or use of any part of it, in violation of any UK law or regulation is prohibited. Such
prohibited transmission might include, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law.
You shall be issued with a password to access the services and shall take all reasonable steps to keep such password private and confidential and ensure that it does not become known to other persons. If the password becomes known to any other person, You will immediately inform Iotie and the password will immediately be changed. Iotie Connect may change the password provided to You from time to time at our discretion without prior notice.
You shall not use the services: for transmission of computer viruses: for transmission of any material which is defamatory, offensive or abusive or of an obscene or menacing character, or which may cause annoyance, inconvenience or needless anxiety, or for the posting of any such material to bulletin boards or news groups: in a manner which constitutes a violation or infringement of the
rights of any person, firm or You (including, but not limited to any intellectual property rights).
You acknowledge that Iotie Connect is unable to exercise control over the content of any information passing over the Iotie Connect connection and or Iotie Connect network. The Customer further acknowledges that Iotie Connect hereby excludes all liability in respect of any transmission or reception of information of whatever nature.
The Iotie Connect network may be used by the Customer to access other networks world-wide and the Customer agrees to conform to any acceptable use policies of Iotie Connect and any such other networks. In addition the Customer undertakes to conform to any published Internet protocols
and standards: RFC1009, RFC1122, RFC1123 & RFC1250 and future protocols and standards. In the event that communications by the Customer do not conform to these standards, or if you make profligate use of the Iotie Connect network to the detriment of Iotie Connect or any other Iotie Connect Customers, Iotie Connect reserves the right to restrict passage of the Customers communications until they give a suitable undertaking as to use.
You agree to indemnify and hold Iotie Connect harmless from any claim brought by third parties, alleging the use of Iotie Connect by the customer has infringed any right of any kind applicable in the UK or by International legislation and regulation. You shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against Iotie Connect arising from such claims. Furthermore You shall provide Iotie Connect
Networks with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance to defend such claims at your sole expense.
Without prejudice to the foregoing, Iotie Connect considers that any applications which transmit live video, live audio, or make similar traffic demands across the Iotie Connect network by whatever means, constitute making profligate use of the Iotie Connect network and as such are not permitted. Use of IP Multicast, other than by means provided and co-ordinated by Iotie Connect, is also prohibited.
You undertake not to assign, re-sell, sublease or in any other way transfer the Iotie Connect connection. Contravention of this restriction successful or not will result in the termination of the service by Iotie Connect, in which event the You are liable for a termination fee. If You are a duly authorised current Channel Partner of Iotie Connect then the resell restriction of this clause does not apply.
Any condition or warranty that may be implied or incorporated within this contract, by reason of statute or common law, is hereby expressly excluded so far as maybe permitted by law. While Iotie Connect will use all reasonable endeavours to provide a prompt and continuing service, it will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of Iotie Connect or by errors or omissions by You.
In no circumstances whatsoever, will Iotie Connect be liable for economic or consequential loss. Iotie Connect specifically excludes any warranty as to the quality or accuracy of information received through the services, further Iotie Connect cannot be held liable for theactions of any 3rd Party using the service.
Where Iotie Connect provides added value services to its existing services in particular but not exclusively ‘anti-virus’ products for electronic mail Iotie Connect will not be held responsible for any consequential loss or damage for the failure of these services to operate to specification. In the case of failure of these added value services it is expected that the customer will have taken steps to
implement contingency plans to protect its business from the effects of these Iotie Connect added value services not functioning to specification or not being available.
Where Iotie Connect provides hosting services You agree that any equipment hosted by Iotie Connect shall be treated as security for the payment by the customer for goods and services provided or to be provided under its hosting agreement.
Where Iotie Connect manages the renewal of a domain with the appropriate domain licensing authority on behalf of the customer Iotie Connect will take responsibility for notifying renewal and maintaining connectivity to all other services associated with that domain. Where You renew the domain directly with the appropriate domain licensing authority Iotie Connect will not be held responsible for services associated with that domain including the continued availability of the domain. Further domain names in the .uk namespace are also subject to Nominet’s Terms and Conditions.
Iotie Connect shall retain full ownership of and title to all equipment, software, or services (Goods) ordered by You and delivered to You or any part thereof unless and until You have paid all sums owing to Iotie Connect. In addition where services are subject to a transfer fee or other fixed charges such as domain names then no transfer or action will occur until You have settled in full all outstanding commercial matters with Iotie Connect.
Iotie Connect reserves the right to alter these Terms and Conditions from time to time. The current Terms and Conditions applicable are those published on the Iotie Connect web pages.
By continuing to accept service from Iotie Connect You are deemed to be bound by the current Terms and Conditions. Where possible Iotie Connect will give advanced notice of changes to Terms and Conditions.
Upon handover of service or product, these terms and conditions are superseded by the Iotie Connect product/service specific terms and conditions.
By accepting or using the service and or Iotie Connect has supplied goods You have deemed to have accepted these Terms and Conditions.
This contract is governed and construed in accordance with English Law
License
Iotie grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Iotie (referred to in these Terms & Conditions as “Iotie”, “us”, “we” or “our”), the provider of the Iotie website and the services accessible from the Iotie website (which are collectively referred to in these Terms & Conditions as the “Iotie Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Iotie Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
WEBSITE TERMS & CONDITIONS
Restrictions
You agree not to, and you will not permit others to:
-License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
-Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
-Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Iotie or its affiliates, partners, suppliers or the licensors of the website.
Product Return and Refund Policy
Thanks for shopping at Iotie. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products. A copy of our refund policy can be found at https://www.iotie.com/refund_returns/
As with any shopping experience, there are terms and conditions that apply to transactions at Iotie. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Iotie, you agree to the terms along with Iotie.”’s” Privacy Policy.
If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Iotie with respect to the website shall remain the sole and exclusive property of Iotie.
Iotie shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Iotie. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Iotie uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Iotie may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Iotie’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Iotie when you stop using the Service. You acknowledge and agree that if Iotie disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our website
Iotie reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
Updates to Our website
Iotie may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the website. You agree that Iotie has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that Iotie shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Iotie does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Indemnification
You agree to indemnify and hold Iotie and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Iotie, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Iotie provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Iotie nor any Iotie’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Iotie are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Iotie and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.
To the maximum extent permitted by applicable law, in no event shall Iotie or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Iotie or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by Iotie on the Services, shall constitute the entire agreement between you and Iotie concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Iotie.”’s” failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Iotie AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Iotie reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Iotie.
Entire Agreement
The Agreement constitutes the entire agreement between you and Iotie regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Iotie.
You may be subject to additional terms and conditions that apply when you use or purchase other Iotie’s services, which Iotie will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Iotie, its licensors or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Iotie, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Iotie.”’s” INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Iotie concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Iotie must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: hello@iotie.com. Iotie will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Iotie will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Iotie may commence arbitration.
Binding Arbitration
If you and Iotie don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Iotie without any compensation or credit to you whatsoever. Iotie and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
Iotie may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Iotie. Iotie will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Iotie operates and controls the Iotie Service from its offices in United Kingdom. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Iotie Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Iotie Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Iotie concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Iotie is not responsible for any content, code or any other imprecision.
Iotie does not provide warranties or guarantees.
In no event shall Iotie be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Iotie reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Iotie Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Iotie is a distributor and not a publisher of the content supplied by third parties; as such, Iotie exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Iotie Service. Without limiting the foregoing, Iotie specifically disclaims all warranties and representations in any content transmitted on or in connection with the Iotie Service or on sites that may appear as links on the Iotie Service, or in the products provided as a part of, or otherwise in connection with, the Iotie Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Iotie or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Iotie does not warrant that the Iotie Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions.
-Via Email: hello@iotie.com
-Via Phone Number: +44(0)1635 953890
