IMPORTANT: PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE YOU USE ANY SOUTH-TEK SENSING TECHNOLOGIES S.L. (SouthTEK) PRODUCT OR SERVICE. YOUR USE OF SouthTEK PRODUCTS OR SERVICES SHALL CONSTITUTE YOUR BINDING ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF USE HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT USE SouthTEK PRODUCTS OR SERVICES.
- In respect to business relations of all types between SouthTEK and its customers (also referred herein as "you"), the following Terms and Conditions of Use hold true in their legally valid versions.
- The product display in the online store (referred herein as "product or products") does not constitute a SouthTEK legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the 'Send Order' button, customers agree to buy the product in the cart, and this order is legally binding. The customer receives an order confirmation after the order is transmitted. The SouthTEK sales contract becomes effective on receipt of our separate order confirmation or the delivery of goods.
- SouthTEK reserves the right to deny the promised service subsequent to determining that the products are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that further legal claims be raised by the customer against SouthTEK.
- Delivery shall generally be at the customer's risk. The purchaser entering in acceptance default shall be equal to handover. Delivery shall be to the delivery address specified by the customer.
- All prices are in cash, excluding value-added tax/sales tax, as well as transportation.
- We inform of the shipping charges during order confirmation. In case the products are shipped to a foreign country outside the European trading zone, the customer also bears the tariffs and fees.
- Unless otherwise agreed in writing, delivery shall be made in accordance with SouthTEK shipping policy in effect on the date of shipment. Delivery dates provided by SouthTEK are estimates only. SouthTEK will make reasonable efforts to deliver in accordance with such dates; however, SouthTEK will not be liable for failure to deliver as estimated.
- The products should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectable transportation and packaging damages are to be confirmed in written form by the transportation company upon delivery and reported by the customer.
- In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.
Reservation of Ownership
- Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of SouthTEK. In respect to contracts negotiated with consumers, SouhtTEK reserves its right of property until the full remittance of the purchase price.
- The customer is not authorized to tender the product to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of SouthTEK. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between SouthTEK and the customer, including interest and any subsidiary demands to be brought against SouthTEK.
- Definition. "Software" means any computer software, in executable code form, owned by SouthTEK (or software owned by third parties, which SouthTEK has the right to distribute or sublicense) and either pre-loaded on SouthTEK products at the time of manufacture or otherwise furnished to you by SouthTEK in its sole discretion. "Software" includes the LD-Manager and the operating system pre-loaded in Nomad buoys.
- Subject to these Terms and Conditions of Use, SouthTEK hereby grants to you a nonexclusive, nontransferable, nonsublicenseable license to use, perform, and display the Software using the SouthTEK product upon which the Software was originally installed, and solely as necessary to operate the Software in accordance with the applicable documentation.
- You may not (a) reproduce, distribute, sublicense, use for service-bureau purposes, sell, lease, or otherwise transfer the Software to any third parties; (b) modify, alter, improve, "hack," or create derivative works of the Software; or (c) reverse-engineer, decompile, disassemble, reverse-assemble, or otherwise attempt to derive the source code of the Software.
- You understand and agree that in addition to the Software, SouthTEK products may contain certain third-party software the use of which is subject to separate license agreements containing additional terms and conditions. Any such license agreements are provided to you separately. You hereby agree to comply with all such additional terms and conditions in your use of the Third-Party Software.
- The Software is licensed to you, not sold. SouthTEK retains exclusive ownership of all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights worldwide (including any corrections, bug fixes, enhancements, updates or other modifications thereto). There are no implied licenses under this Terms and Conditions of Use, and all rights not expressly granted are hereby reserved.
Disclaimer of Warranty/Limitation of Liability
- The warranty period for a new buoy of the Nomad family shall be 12 months. The warranty period for batteries, power adapters, and other accessories shall be 6 months. The period shall commence upon transfer of risk.
The limited warranty of SouthTEK products will be voided if any of the following conditions occur:
- Defects or other damages owing to faulty or inappropriate handling, unsuitable packaging or shipment, the use of inappropriate accessories or an alteration of the original components by the customer or by a third party not authorized by SouthTEK;
- Connection to any equipment not supplied or not recommended by SouthTEK
- Acts of God such as lightning, power surges, fire, humidity, infiltration of liquids or foods, chemical products, crash, high voltage, corrosion, oxidation;
- Removal or altering of the devices event labels or serial numbers (IMEI);
- Damage from internal exposure to water or other liquids;
- Excessive temperatures or extreme environmental conditions;
- Moisture, humidity, sand or excess dust while the housing of a Nomad buoy is open;
- Any condition outside the operating guidelines;
- Defects in appearance over cosmetic, decorative or structural items;
- Naturally occurring signs of wear.
- SouthTEK undertakes no responsibility for the quality of the products or that the products will be fit for any particular purpose for which customer may be buying the product, and SouthTEK disclaims all other warranties and conditions, express or implied.
- SoutTEK (including its subsidiaries, affiliates, officers, directors, employees, agents or subcontractors referred to herein as SouthTEK affiliates) shall not be liable under any circumstance to buyer or any other party for any special, consequential, incidental or exemplary damages arising out of or in any way connected with the products or otherwise, including but not limited to damages for lost profits, loss of the product or any other associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, buyer's time, lost data, injury to property or any damages or sums paid by the buyer to third parties, even if SouthTEK or any of the SouthTEK affiliates has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
- In no event shall SouthTEK or any SouthTEK affiliate be liable to buyer or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these Terms and Conditions of Use in excess of the net purchase price of the product actually delivered to and paid for by the buyer hereunder.
- SouthTEK disclaims any warranties of non-infringement with respect to the products and neither SouthTEK nor SouthTEK affiliates shall have any duty to defend, indemnify, or hold harmless buyer from and against any or all damages or costs incurred by buyer arising from the infringement of patents or trademarks or violation of copyrights by any of the products.
- It is the buyer's responsibility to follow local laws governing human, environmental and navigation safety.
- SouthTEK makes various services available on this site including, but not limited to sales of the Nomad family of buoys, tracking systems, data collection and equipment remote configuration. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
- By using SouthTEK site, you agree to be bound by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, please exit the site now. Your remedy for dissatisfaction with SouthTEK site, or any products, services, content, or other information available on or through this site, is to stop using the site and/or those particular products or services. Your agreement with SouthTEK regarding compliance with these Terms and Conditions of Use becomes effective immediately upon commencement of your use of SouthTEK site.
- SouthTEK reserves the sole right to either modify or discontinue SouthTEK site, including any of the site's features, at any time with or without notice to you. SouthTEK will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions of Use.
- SouthTEK provides this site and various related services to you, the user, subject to your compliance with all the terms, conditions, and notices contained in the Terms and Conditions of Use, as well as any other written agreement between SouthTEK and you. In addition, when using particular services or materials on SouthTEK site, users shall be subject to any posted rules applicable to such services or materials that may contain Terms and Conditions of Use in addition to those in these Terms and Conditions of Use. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions of Use.
- These Terms and Conditions of Use are effective as of September 1, 2013. SouthTEK expressly reserve the right to change these Terms and Conditions of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review SouthTEK site and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. Your continued use of SouthTEK site after such modifications will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide and be bound by the modified Terms and Conditions of Use.
- All materials and services on SouthTEKsite are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the site from SouthTEK or SouthTEK affiliates will meet your expectations or be free from mistakes, errors or defects.
- This site could include technical or other mistakes, inaccuracies or typographical errors. SouthTEK may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The products or services at SouthTEK site may be out of date, and we make no commitment to update or keep operative such materials or services.
- The use of the services or the acquisition of any product through SouthTEK site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
- Through your use of SouthTEK site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. SouthTEK makes no warranty regarding any transactions executed through, or in connection with SouthTEK site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through SouthTEK site from a third party is provided solely by such third party, and not by SouthTEK or any other of SouthTEK Affiliates.
- Content available through SouthTEK site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with SouthTEK. SouthTEK do not endorse, nor is SouthTEK responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized SouthTEK spokesperson speaking in his/her official capacity.
- You understand and agree that temporary interruptions of the services available through SouthTEK site may occur as normal events. You further understand and agree that SouthTEK has no control over third party networks you may access in the course of the use of SouthTEK site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
- You understand and agree that the services available on SouthTEK site are provided "as is" and that SouthTEK assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- Upon a request by SouthTEK, you agree to defend, indemnify, and hold SouthTEK and SouthTEK Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of SouthTEK site. SouthTEK reserve the right, at SouthTEK own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SouthTEK in asserting any available defenses.
- You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. SouthTEK personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
- SouthTEK may make email, messaging, blogging, or chat services available to users of our site, either directly or through a third-party provider. SouthTEK makes available separate supplemental agreements characterizing the relationship between you and SouthTEK that, except where expressly noted or contradictory, includes these Terms and Conditions of Use.
- SouthTEK may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and SouthTEK will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
- Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, SouthTEK may employ automated devices that delete or block email messages that exceed the limit. SouthTEK will not be responsible for such deleted or blocked messages.
- Although SouthTEK site may be accessible worldwide, SouthTEK makes no representation that materials on this site are appropriate or available for use in locations outside Spain, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access SouthTEK site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with SouthTEK site is void where prohibited.
- You agree that SouthTEK may, in its sole discretion, terminate or suspend your access to all or part of SouthTEK site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
- Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on SouthTEK site immediately ceases, and you acknowledge and agree that SouthTEK may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or SouthTEK site. SouthTEK shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by SouthTEK in connection with such termination or suspension.
- Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
Due Dates and Payment Conditions
- Invoices sent by SouthTEK. – as long as no agreements of a divergent nature have been set in writing – are to be paid in full without delay previous to delivery. A direct debit shall be made for credit card payments following issue of the invoice and shipment of products. The invoice total shall be reserved on the customer's credit card directly after placement of an online order.
- SouthTEK reserves the right to decline checks and other non-cash means of payment. Payments are always solely accepted on account of performance. Payments in foreign currency are credited according to our bank statement. The customer bears the banking fees.
- Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of five percentage points above the standard Euribor interest rate for the period of delinquency. In the event the firm SouthTEK is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
Place of Execution and Place of Jurisdiction
- Legal jurisdiction is exercised by the Kingdom of Spain exclusively and the lawful language for any legal claim or legal conflict is Spanish.
- Cádiz shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Use.
- Should any of these individual contractual conditions –for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way.
Handling and Safety Precautions
Although SouthTEK products are designed for durability they are susceptible to breaking if subjected to very severe shocks. Before using your SouthTEK products, please read the instructions and follow the precautions listed below carefully as they provide essential information for the safe handling of the product, and for the protection of the users and others from possible harm.
Battery Charger Handling
- Never place the battery charger on any surface that can be marred by exposure to heat; always place the battery charger on a heat-insulating surface.
- Never place the battery charger adjacent to any heat source.
- Never leave the battery charger close to any open container of liquids.
- Never use a worn or damaged battery charger cable or plug, or a worn or damaged extension cord or plug.
- Never plug the battery charger into a power source that does not correspond to both the voltage and frequency specified on the charger.
- Always confirm that the battery charger plug has been fully inserted into the receptacle to ensure a secure electrical connection.
- Always use the battery charger included with your device. Use of an unauthorized battery charger may result in bodily injury or property damage.
- Always immediately power-off the device and disconnect the battery charger from the power outlet in the event of any unusual odor or smoke.
- It is normal for the battery charger to become warm when charging. Disconnect the battery charger from the outlet when not in use.
- Never attempt to disassemble or repair a battery charger, power supply cables, or plugs, as doing so exposes you to electric shock.
- Nomad buoys use an internal lithium ion polymer battery. Lithium ion polymer batteries are recyclable. Never dispose of the battery or the unit by incineration.
- Never attempt to disassemble or modify the battery.
- Never touch any fluid that may leak from the internal battery, as doing so may result in injury to the skin or eyes.
- Never subject your buoy to very severe shock. This may broke the housing protecting the electronic and/or cause the internal battery to leak, ignite, and/or rupture.
- Always immediately remove your product from the vicinity of any open flame.
- Never attempt to disassemble, repair, or modify your product. Such action may result in bodily injury, or damage to the unit or other property.
- Never dispose of your product with ordinary waste.
- Never allow infants or small children within reach of your product.
- Certain locations (e.g., hospitals) may restrict the use of any product that emits low-level RF energy. Always comply with posted prohibitions of the use of RF-emitting devices.
- Never allow any metallic objects (e.g., staples, paper clips) to become inserted into your device, as this could result in the generation of excess heat or fire.
Never open the housing of your Nomad buoy in the following locations:
- Anywhere it may be exposed to water or other liquids.
- Conditions of high humidity (e.g., rain or fog).
Never use or store your Nomad buoy in the following locations:
- Conditions of extreme high temperatures (e.g., near fire or in a sealed automobile).
- In direct sunlight.
- Locations or site subject to strong vibration
Never use or store your charger in the following locations:
- Anywhere it may be exposed to water or other liquids
- Conditions of high humidity (e.g., rain or fog)
- Conditions of extreme high temperatures (e.g., near fire or in a sealed automobile)
- In direct sunlight
- Locations or site subject to strong vibration