“Valet and Knave” Ltd.
Office location: S. Eizensteina st. 29, 4th floor, Riga, Latvia, LV1079
E-mail – firstname.lastname@example.org
This Agreement constitutes the entire agreement and understanding between You and “Valet and Knave” Ltd (Valet and Knave). It supersedes all previous proposals, oral or written, and all other communications between the parties relating to the purchase of Services from Valet and Knave. Your electronic acceptance of this Agreement by You constitutes acceptance of these Terms and Conditions for services. Valet and Knave is not bound by different terms or conditions elsewhere unless expressly agreed to in writing by an officer of Valet and Knave. This Agreement applies to any Services You purchase from Valet and Knave or Valet and Knave’s authorized dealers/agents in connection with the device You are activating or renewing, as applicable through this Agreement. Please read this Agreement and be informed.
Device which are used as controllers for car security and gate/garage remote together with additional software. Products has been provided with additional description, its products installation and user’s manual. The period of mandatory guarantee is 2 (two) years from purchase moment. The guarantee terms and conditions are provided with guarantee letter for the given product.
ERNEST APP and website ernestapp.com which is used for device control. The software products operate on smart mobile phones, which run on the following operating systems (or later versions): Apple iOS™ 8.0, Android™ 4.3. For phones equipped with iOS™ operating system the software can be downloaded from App Store® and in the case of Android™ from Google Play™ store.
As there is wide range of mobile device variety which can be operated by ERNEST APP, Valet and Knave is not responsible if software has errors even on mobile phones equipped with the right operating system. Valet and Knave holds the option to improve software, so it may be updated.
THE PURCHASE PROCEDURE: ERNEST APP software is available for free download in above mentioned platforms.
SECURITY; PERSONAL INFORMATION AND PRIVACY:
You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Valet and Knave for all activities that occur under your account. If you become aware of any unauthorized use of Your password or of your account, You agree to notify Valet and Knave’s service immediately (Phone; e-mail, Delivery and Billing address etc.).
You agree that, in order to perform its obligations under this Agreement, Valet and Knave may collect personal information about You or, if applicable, Your customers (for example age or gender etc.), and when the Services are used, and about Your or, if applicable, Your customers’ assets. You understand and agree that in conjunction with employee training, quality control and the provision of the Services, Valet and Knave and/or its agents or service providers may monitor the activities of Your or, if applicable, Your customers’ assets and the usage of the Valet and Knave systems (devices).
The Device have many complex elements and are not guaranteed against eavesdroppers, hackers, denial of service attacks, viruses or interceptors. You acknowledge and agree, and undertake to inform any users of the Device that Valet and Knave, and any of its Service Providers shall not be liable for any lack of privacy or security resulting from use of Valet and Knave products or Services. In addition, to the extent You have a privacy right in the location, characteristics, performance or operation of a vehicle equipped with a device, You agree to voluntarily waive such right.
LIMITATIONS OF TECHNOLOGY:
Tampering with the Device. If the device is tampered with, disconnected, or the Device completely removed, the functionality of the Device and Services will be under risk.
(a) You acknowledge and agree that Valet and Knave or Valet and Knave’s Service Providers own all legal right title and interest in and to the Services, including any intellectual property rights which exist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Valet and Knave and/or its Service Providers and that You shall not disclose such information without Valet and Knave’s prior written consent.
(b) Unless You have agreed otherwise in writing with Valet and Knave, you have no right to use any of Valet and Knave’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You can only view the information for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the information without Valet and Knave’s express permission.
(c) You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
(d) Unless You have been expressly authorized to do so in writing by Valet and Knave, You agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You acknowledge that You have no property right in any identifier issued to or associated with the Services or any device used by You.
APPLICABLE LAW AND CLAIMS:
Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled in general courts of the Republic of Latvia.
COMPLIANCE WITH LAW: You are responsible for the use of the Services, including any optional Services selected. You agree to comply with all applicable laws, ordinances, rules and regulations of each applicable federal, local or foreign government, including European Union directives and any agency or public authority thereof, and to hold Valet and Knave and its Third Party Providers harmless from liability or loss by reason of any asserted or established violation of said laws, rules, or regulations by You or anyone You authorize to use a vehicle equipped with a device. You acknowledge that certain GPS and/or starter disablement technology may not be permitted by law when used for commercial purposes in certain states, either now or in the future. Valet and Knave is not liable for any claims or damages that may arise out of the fact that GPS and/or starter disablement technologies are not permitted in a particular jurisdiction.
Valet and Knave reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material Valet and Knave will try to provide at least 10 (ten) calendar days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Valet and Knave.
These Terms and Conditions are in force from 30.12.2015. Valet and Knave may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
BY ACCESSING OR USING THIS SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SERVICE IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS. IF YOU ACCEPT THESE TERMS AND CONDITIONS, IT WILL MEAN THAT THIS AGREEMENT WILL BE LEGALLY BINDING ON YOU.
“Valet and Knave” Ltd