Vodafone Connected Watch Terms and Conditions
Vodafone Connected Watch Terms and Conditions
CONTENT:
I. DATA CONCERNING THE MERCHANT
II. DEFINITIONS
III. GENERAL TERMS AND CONDITIONS
IV. DEVICE (MyKi )
V. MOBILE APPLICATION (MyKi)
VI. PERSONAL DATA
VII. WARRANTY
VIII. RIGHTS AND OBLIGATIONS OF THE USER
IX. INTELLECTUAL PROPERTY
X. MISCELLANEOUS
I. DATA CONCERNING THE MERCHANT
Art 1 The products – tracking devices branded MyKi, including mobile applications branded Myki, accessible free of charge at Google Play and AppStore, are products of ALLTERCO ROBOTICS EOOD, registered in the Commercial Register at the Registry Agency with a seat and managing address in the city of Sofia, No 103 Cherni Vrah Blvd., contact data: +359 2 957 12 47 
and support@myki.com. These General Terms and Conditions do not apply to products branded Myki, which do not represent tracking devices.
Art 2 Contact data with Vodafone Albania
• www.vodafone.al
• 140 Prepaid customers
• 149 Postpaid customers
• e-mail: nakontaktoni@vodafone.com
II. II. DEFINITIONS
Art 3: All terms used in these General terms and conditions, irrespective of whether they are in singular or in plural, shall have the meaning stated herein:
1. The Device – interactive tracking device with the „MyKi™” brand, which after installation of a SIM card of supplier of telecommunication services and pairing with a mobile device, on which the MyKi mobile application has been installed, allows for tracking the location of the Device itself.
2. Mobile Application – mobile application named Myki with operational systems Android and iOS, accessible for downloading and installing free of charge on “Google Play” and “App Store” which enables a connection with the Device Myki.
3. User – User of products and services named „MyKi™” – a subscriber of a mobile operator, both the User of the MyKi Mobile Application, and the person who uses the MyKi Device.
4. The Website – refers to https://myki.watch and its subpages
5. MyKi Products and services – smart devices under the commercial name „MyKi™” in all models and modifications, together with accessories and services for maintenance, as well as all services accessible through the Website https://myki.watch / and/or the Mobile Application MyKi (including all its versions and adjustments).
6. 6. (New, in force as of 21 August 2017) Upgrade of the Device – a service for upgrading of a corpus and a battery of a Device aimed at prolonging the useful life of the Device, where the User chooses the elements for upgrading and sends the Device to a repair shop of ALLTERCO for making the upgrade.
III. GENERAL TERMS AND CONDITIONS
Art 4 These General Terms and Conditions govern the relations between ALLTERCO ROBOTICS EOOD (hereinafter referred to as ALLTERCO) and each USER of products and services under the name of "MyKi™", in relation to their purchase, including the use of the Mobile Application MyKi and/or the Website myki.watch and the services offered through them.
Art 5 (1) The General Terms and Conditions are mandatory for all USERS of the Website/Device and the Mobile Application, as well as all of other "MyKi™" Products and Services.
(2) By accessing the Website, the purchase of products and/or services, the activation of the Device, including by downloading and/or installing the Mobile Application, the USER declares that he/she has acquainted himself or herself with, accepts and is obliged to comply with these General Terms and Conditions. The USER is further obliged to comply with all other conditions imposed by the European Union and the Republic of Albania legislation into force, even if not mentioned in these General Terms and Conditions.
Art 6 (1)Each use of the Website and/or the Device and/or the Mobile Application and/or other goods and/or services "MyKi™" means that the User: (а) has carefully acquainted himself or herself with these General Terms and Conditions and b) has agreed to comply with them unconditionally.
(2) ALLTERCO shall not be liable if the USER has not acquainted himself or herself with these General Terms and Conditions. ALLTERCO shall not be liable for any damage and loss and violation of the warranty conditions occurring as a result of non-compliance on the part of USER of the provisions of these General Terms and Conditions and the applicable law.
Art 7 The General Terms and Conditions may be amended unilaterally by ALLTERCO at any time at its own discretion or if the amendments are imposed by effective statutory act without an explicit prior notification to the USERS. These amendments enter into force immediately and are mandatory for all users, as of the date of their publication on the Website. It is possible that the amendments have a retroactive effect as regards orders that have already been delivered and confirmed.
Art 8 All images placed on the Website only aim at creating a certain idea of the type of Products/Services, and not at representing them correctly. Hence, it is possible that some of the images on the Website (static/dynamic images/multimedia presentations/others) may not correspond to the appearance of the respective Device. ALLTERCO shall not be liable for any such discrepancies.
Art 9 Taking into account possible technical errors or omissions in the information published on the Website, ALLTERCO clarifies that the images of the products are of informative and indicative nature, respectively the delivered products may differ from the images, due to a change in their characteristics or design.
Art 10 The characteristics or prices of the products described on the Website may be altered by ALLTERCO at any time and may contain errors.
Art 11 All Products/Services, including those promoted/discounted are sold and delivered until stocks are exhausted, even if this is not explicitly indicated on the Website.
Art 12 The Website can contain published advertising or promotional information for Products and Services of ALLTERCO or its partners for a certain period of time, as well as information concerning the stock available.
IV. DEVICE (MyKi)
Art 13 (1) The Device is offered in a variety of models and is accompanied by a charging cable, instruction manual, warranty card.
(2) The Device is offered:
1. With a SIM card of a mobile operator under the conditions of a subscription plan, in accordance with the commercial policy of the respective operator.
Art 14 The Device offers/contains integrated functions, a part of which is accessible through the Myki application, described in a detailed way in the documentation attached in the Product’s package. These functions may vary, with regard to their availability and their specific parameters, depending on the specific model of the Device:
1. Location – contains information about the physical location of the Device.
2. Location history – contains information about the physical location of the Device for a certain period back in time.
3. Text messages – information accessible through the Device about all incoming unread text messages to it. Information is accessible through the MOBILE APPLICATION about all outgoing text messages, as well as incoming voice messages from the Device for a period back in time.
4. Phone book – contains telephone numbers entered by the User, for which a name and a number is defined, to which the Device can make outgoing calls. The numbers from the phone book can be entered, altered and deleted solely through the MOBILE APPLICATION.
5. SOS numbers – allows the User of the MOBILE APPLICATION to determine numbers, which may make incoming/outgoing calls from/to the Device. For the purposes of activating the urgent call option it is necessary that the SOS button on the Device be pushed according to the instructions in the User’s manual. In case of urgent call the Device registers sounds from the environment. At the same time the MOBILE APPLICATION is being sent the location determined at the time of pushing the SOS button.
6. Audio messages – there is an option accessible through the Device for registering and sending of voice messages to the MOBILE APPLICATION. Information is accessible through the MOBILE APPLICATION about all incoming audio messages from the Device for a period of the last 30 days.
7. History of events – provides information in the MOBILE APPLICATION about the last activities performed by the Device with the exact date and time.
8. Permitted numbers – enables the User of the MOBILE APPLICATION to determine 5 numbers, from which incoming calls to the Device can be made.
9. Calls – enables incoming/outgoing calls from/to the Device.
1 10.Notifications – text messages automatically sent from the Device containing information for low levels of the battery, as well as data for putting and removing the Device from the hand of the person, in cases of a pushed SOS button, leaving the safety zone, accelerated speed..
11. Lost Device Function – enables connection of the Mobile Application with the Device in cases of loss.
12. Alarms – function which enables waking up and/or reminding the person of some event.
13. Pedometer – The Device contains information about the number of steps on a daily basis. The Mobile Application provides information about the distances covered and calories burnt by the person using the Device.
14. Movements during sleep – provides information in the MOBILE APPLICATION about the number of the person’s movements using the Device during sleep.
15. Silent mode – enables the User of the Device to decrease or increase the sound during ringing and conversation on the Device.
16. Safety zones – enables the User of the Mobile Application to determine a peremeter and time slot within which the Device will not send notifications in cases of location change, as long as it stays within the safety zone. If the zone is left at undesirable time, the Device sends notification thereof. The safety zone determined by the User does not exclude notifications both in cases of low levels of the battery and removing the Device from the person’s hand, as well as exceeding the speed limit.
17. Touch sensor – provides information to the Mobile Application in real time in case of removing the Device from the person’s hand.
18. Speed limit– enables the User of the Mobile Application to determine speed of movement of the Device, the exceeding of which will lead to the Device sending notifications. The function helps tracking the speed with which the person is moving. In cases where the person is in a car or another moving vehicle, it is advisable that the speed is accelerated in advance. If, surprisingly, the speed exceeds the one expected and set in the Mobile Application, the Device will immediately send notification and SMS.
19. Chat and voice messages – enables sending / receiving of voice / text messages to the Device with certain limitation of the number of symbols, including pictures, depending on the model of the device. The volume of the message’s content is dependent on the specific model of the Device. The number of messages that can be sent is unlimited.
20. Video conversations in real time without a possibility for storage;
Art 15 Conditions for the functioning of the Device:
1. Activation through the start button
2. Downloading and Installing of the Mobile Application on the mobile phone with which the Device will be paired.
3. Creating a profile on the Mobile Application.
4. Registration of the Device on the Mobile Application or on the official Internet page of MyKi myki.watch and its subpages.
5. Installed micro SIM card maintaining mobile Internet and a possibility for incoming/outgoing calls of a telecommunication operator on the territory of the country where the Device will be used.
6. Coverage available from the telecommunication network.
For security reasons, each device Myki possess an unique IMEI number, for which only one profile can be created in the Application. Authorising access to Your profile automatically provides access to data for the paired Device. Therefore, we recommend that You do not share your profile data with third parties. In case you do so, you bear the responsibility for such action.
V. MOBILE APPLICATION (MyKi)
Art 16 The mobile application enables a constant connection with the Device and respectively, with the person using it
Art 17 For the purposes of using the functions of the Mobile Application, it is necessary for it to be installed on the mobile device (phone or tablet) with which the Device will be connected and a registration of the User to be made by entering in the registration form its interface for the following data:
1. user name;
2. password;
3. identification code of the Device;
4. own telephone number;
5. telephone number of the Device.
6. e-mail address;
7. name of the Device
(2) After entering the data in the format under para. 1, the Device receives identification code which should be confirmed in the registration form.
Art 18The MOBILE APPLICATION provides the following options depending on the model of the Device
1. Locating the whereabouts of the Device;
2. Tracking the history of events;
3. Tracking the history of current and previous whereabouts of the Device, as well as determining of safety zones and the period of staying within them;
4. Chat conversations - Sending text and voice message to the Device;
5. Video streaming
6. Control over the wake up-alarms and/or reminder of some event;
7. Daily check of the activity history of the Device for the last 30 days;
8. Adding numbers in the Device and control over the incoming and outgoing calls and voice and text messages;
9. Entering of defined names and numbers in the phone book of the Device to which outgoing calls may be made and full control over the SOS and permitted list of numbers
10. Determining and control over the speed limit and safety zone of the Device;
11. Receiving of all notification outgoing from the Device.
With the production of new models and upgrades of the Application it is possible that part of the functions listed above may be missing, replaced with others or new ones added to them. When making its purchasing decision the User should get acquainted in advance with all characteristics of the Device selected by him or her.
VI. PERSONAL DATA
Art 19 (1) In the course of accessing the Website, using the Device Myki, including downloading, installing and using the Application, grounds for collection of personal data may arise – of the person, who has installed the Application on their mobile device, as well as personal data of the person, who uses the Device Myki. In the course of accessing the Website, in the process of creating a profile in the Application, ALLTERCO ROBOTICS enables the User to get acquainted, in an easy and user-friendly manner, with the Privacy Policy in accordance with the applicable regulatory requirements, which includes information for the types of personal data, retention periods, the grounds and ways of their collection, the data subject rights, arising in connection with the collection of personal data, the contact details of the Data Protection officer; the possible recipients, to whom the personal data can be disclosed and other detailed information.
(2) The User must use the Device in good faith and not to use it in a way which might harm or put in danger rights and legitimate interests of third parties. It must be taken into account that the tracking devices branded Myki are targeted at the needs of persons with low self-dependence in their conduct due to their immaturity, physical / mental / health state, which requires their ongoing monitoring and surveillance for the purposes of preserving their safety and health (children and elderly people, including people with diseases such as dementia, epilepsy, autism, different forms of delayed mental development, disabilities and other forms, which require special care). For the purposes of their security and safety, the tracking devices Myki are in an ongoing regime of processing of data for their location, as from the moment in which they have been switched on. Please take into account that freedom is a basic human right and nobody should be followed and tracked without their consent. Infringing this right may raise criminal liability. You should always use the devices Myki taking into consideration the will and rights of the persons, who use the devices. The Myki devices are developed to guarantee safety and security and are not intended for tracking with unlawful purposes and misuse. In the event that the device is used by a child, the person, who has installed the Application and has registered their own profile in the Application declares and warrants that he / she possesses parental control for the child – a parent, guardian or has been explicitly authorized by the person who has parental control.
VII. WARRANTY
Art 20 (1) The warranty of the Devices MyKi is 6 (six) months. The warranty covers only the hardware as a totality of corpus, mechanics and display and does not cover consumables (battery) insofar as these are subject to exhaustion (decrease of their useful life) depending on the intensity of their use.
(2) Upon upgrade of the Device, the warranty period of 6 (six) months is applicable only to the upgraded parts of the hardware. As regards the remaining parts of the hardware, the term of the general warranty under the previous para. continues to run, prolonged with the term for the upgrade.
(3) The warranty term shall apply as of the date of purchase certified in the receipt by the respective merchant or as of the date of delivery certified in a document by the respective courier.
(4) VODAFONE ALBANIA and/or ALLTERCO do not provide additional guarantee beyond the statutory one.
(5) This warranty is valid on the territory of the European Union and Republic of Albania.
(6) The warranty is in compliance with all the legal requirements for consumer rights protection as per EU and the Republic of Albania legislation into force. The MyKi™ customers can exercise their purchase contract product reparation, product return and/or exchange, partial and/or full refund rights and/or contract cancellation in conformity with the EU and the Republic of Albania legislation into force legislation.
Art 21 The warranty of the battery is 6 (six) months. The warranty term shall apply as of the date of purchase certified in the receipt by the respective merchant or the date of delivery certified in a document by the respective courier. Upon upgrade of the battery as part of the service Upgrade of device, the new battery shall have a warranty of 6 months as of the date of delivery/purchase.
Art 22 (1) Content and scope of the warranty:
1. The warranty covers only the hardware part of the Device and does not cover the consumables (battery)
2. The warranty is valid only where the Product has shown some defect within the warranty term which is due to the qualities of the Product and is not caused by actions of the User (including incorrect use not corresponding to the specifications of the manufacturer, contained in the documentation, in the package of the Product and/or intentional damage), incorrect storage, transportation and/or other activities of third persons beyond the control of the manufacturer ALLTERCO ROBOTICS EOOD.
3. The warranty applies when there is a good faith use and in accordance with the purpose of the Product and the specifications of the manufacturer ALLTERCO ROBOTICS EOOD.
(2) Essential elements of the warranty:
1. The warranty shall be provided by the manufacturer ALLTERCO ROBOTICS EOOD, registered in the Commercial Register at the Registry Agency with a seat and registered address in the city of Sofia, No 103 Cherni Vrah Blvd.
2. The warranty service is carried out by ALLTERCO ROBOTICS EOOD, registered in the Commercial Register at the Registry Agency with a seat and registered address in the city of Sofia, No 103 Cherni Vrah Blvd., or its authorized repair shop.
3. Clam against the compliance of a Product with the sales contract is asserted in the office premises of ALLTERCO ROBOTICS EOOD at the following address: the city of Sofia, No 103 Cherni Vrah Blvd., or before the Merchant from which it has been purchased in accordance with its commercial conditions and policies. ALLTERCO shall not be liable for guarantees additionally assumed by the merchant beyond what is explicitly stated in these General Terms and Conditions or the documents pertaining to the Device.
4. The guarantee service shall be carried out within 30 (thirty) days as of the date of the claim but no earlier than 10 (ten) business days as of the date of receipt of the Device in the repair shop of ALLTERCO ROBOTICS EOOD. ALLTERCO shall not be liable for delayed or incomplete service of the Device when the claim has been asserted before the Merchant from which the Device has been purchased.
Art 23 (1) Upon asserting the claim, ALLTERCO makes the repair works, and in case this is impossible – replacement with a new Product. In case of the service “upgrade of Device”, where there are defected upgraded parts, only the respective parts of the Device are subject to repairs or replacement.
(2) Upon repair the warranty shall be deemed prolonged with the term of the repair. Upon replacement of a Product a new 2-year guarantee applies to it
VIII. RIGHTS AND OBLIGATIONS OF THE USER
Art 24 Upon use of the Website, the Products and Services MyKi the USER is obliged to comply with these General Terms and Conditions, as well as with all other conditions imposed by the effective EU laws of the Republic of Albania and international law, even if not mentioned in these General Terms and Conditions.
Art 25 (1) (1) The USER is obliged to and is liable for all provided data in connection to the purchase of the Device and registration on the Mobile Application – to be true, complete and accurate at the date of sending of the Order or the registration
(2) ALLTERCO has the right to refuse to perform (to annul) the Order made for which it has to notify the USER. Annulment of the Order does not lead to any liability or subsequent obligation on the part of any of the parties towards the other one in connection thereto and respectively, none of them has the right to seek compensation from the other for its annulment in the following cases: incomplete information; insufficient availability of the Device at the Merchant; removal of the Device from the market; misuse on the part of the USER established by ALLTERCO; order by a competent body and/or statutorily defined obligation.
(3) ALLTERCO shall not be liable for the correct functioning of the Device and/or the Mobile Application when the USER has inaccurately or incompletely entered data for the Device and the mobile device which is paired when installing the Mobile Application and making the registration for its use.
Art 26 (1) The USER is obliged to settle his/her relations with a mobile operator so that the SIM card which is put in the Device will function normally and the services and settings of the operator necessary for the operation of the Device will be used. For the normal functioning of the Device it is necessary to use simultaneously voice telecommunication service and transmission of data via the Internet.
(2) The USER is obliged in advance to inform himself/herself of whether the mobile device on which the Mobile Application will be installed complies with the technical characteristics necessary for the correct functioning and making the connection with the Device MyKi. (3) ALLTERCO is not liable for the incorrect or impossible functioning of the Device, when the USER has not complied with his/her obligations for ensuring the minimal technical conditions for its use. Art 27 PThe USER has the right to renounce the Sales contract and the right of return of the Device in accordance with these General Terms and Conditions and the Consumer Protection Act.IX. INTELLECTUAL PROPERTY
Art 28 The whole information on the Website, as well as the whole information related to the Products and Services MyKi, accessible through Internet connection, and/or other forms of commercial communication, including but not limited to logos, graphic images or inscriptions, commercial symbols, dynamic symbols, texts and/or multimedia content, are exclusive ownership of ALLTERCO.
Art 29 ALLTERCO has and retains all its rights over the intellectual property, related in some way to the Website/the Products and/or the Services MyKi, irrespective of whether these are its own or received by way of contractual licenses or in any other legally acceptable manner.
Art 30 Nothing in the distant contract concluded in accordance with these General Terms and Conditions shall be deemed permission on the part of ALLTERCO to the USER to use, spread, publish, provide to third parties, change in any other manner any part of the Content under art. 39, including, but not limited to, the content of the commercial brands, logos, multimedia content or the descriptions of the Products and Services in any other manner, including by entering any external content on the website, removal of signs marking the right of ownership of ALLTERCO over the Content. The USER shall not have the right to transfer, sell, and spread materials created through reproduction (copying), amendment or publishing of the Content, except with the explicit consent of ALLTERCO.
Art 31 (1) Any Content to which the USER has access, irrespective of the means for this, is subject to regulation in these General Terms and Conditions.
(2) The website can shows links to other websites. ALLTERCO does not take responsibility for the privacy policy of any websites ALLTERCO does not administer, neither for any other information, contained on those websites.
Art 32 The USER may copy, transfer and/or use the Content only for personal non-commercial purposes only in the cases in which this does not contravene these General Terms and Conditions.
Art 33 The USER has the right to use the Content for commercial purposes only when he/she has received the written consent of ALLTERCO for that and only concerns this part of the Content, the manner and extent of its use, as well as within the time limits for which consent has been explicitly given. Each subsequent or different use of the Content shall be considered as a violation of these General Terms and Conditions and a violation of the intellectual property rights of ALLTERCO.
Art 34 Sending to the USER or reference to the Content or other parts thereof on the part of ALLTERCO shall not be considered a consent on the part of ALLTERCO to allow the USER to use the Content or parts thereof for his/her own purposes, different from his/her personal needs, irrespective of the means of communication used by ALLTERCO.
Art 35 Any use of the Content for other purposes, other than those explicitly permitted in these General Terms and Conditions or in another explicit written permission given by ALLTERCO, is prohibited.
X. MISCELLANEOUS
Art 36ALLTERCO has the right to change the technology and design of the Website and/or the Mobile Application and/or the Device without prior notification thereof.
Art 37 To all matters not governed in these General Terms and Conditions, the effective EU and the Republic of Albania legislation into force shall apply.