INTRODUCTION

These Terms of Use (‘the Terms’) govern the Customers’ including Data Subjects’ (‘you’ or ‘your’) use of the Products as described in the Agreement and Terms of Order, and your relationship with Xenon Fire and Security Ltd t/a Fever Defence, a company registered in the Republic of Ireland with company number 466101 whose registered office is at Wexford Road Business Park, Carlow, Carlow R92R2R3, Republic of Ireland (‘Xenon’, ‘we’, ‘our’ or ‘us’). 

Please read the Terms carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not use or purchase our Products. You should understand that by ordering any of our Products, you agree to be bound by these Terms. You should print a copy of these Terms for future reference. If you have any queries regarding these Terms, then please contact us.

DEFINITIONS

1. Data Subject: People (including minors) monitored and whose data may be collected by you, using our Products, including but not limited to your employees, visitors, etc.

2. Data Controller: A person, company, or other body that determines the purpose and means of personal data processing alone, or jointly with another person/company/body. Data Controller shall be interpreted according to the General Data Protection Regulations and the Data Protection Act, 2018.

3. Data Processor: A person or organisation who deals with personal data as instructed by Data Controller for specific purposes and services offered to the Controller that involve personal data processing. Data Processor shall be interpreted according to the General Data Protection Regulations and the Data Protection Act, 2018.

4. Other Order terms: As described in the Terms of Order.

5. Products: As described in the Order Sheet above.

Product Vendor: Xenon Fire and Security Ltd.

1. Under this Terms of Use, plural words shall denote singular as well.

Xenon Fire and Security Ltd and you are together termed as the Parties. 

AGREEMENT

By using the Products, you agree to be bound by these Terms and hold us indemnified from any breach of this Terms of Use pursuant to Clause 8 of this Agreement.

DISCLAIMER AND WARRANTIES

1. You must not rely on the information provided by the Products as an alternative to medical advice from a doctor or other professional healthcare provider.

2. If you have any specific questions about any medical concern, you should consult a doctor or other professional healthcare provider. If you think a person may be manifesting any symptom including but not limited to Covid-19, Influenza, etc.  you should seek or advise them to seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided by our Products.

3. The Products and its contents are provided “as is”, “as available” basis. The use of Products and its contents is at your sole risk. The Products and its contents are provided without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including, but not limited to, any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law.

4. We do not endorse or suggest any specific use case for our Products. The use, implementation and operation of the Products is at sole discretion of the Customer.  

5. We do not promise the accuracy of the data collected and processed by the Customer using the Products. The Products are electronic products and therefore are susceptible to general technological malfunctions which are outside our control. Products require proper and regular maintenance in order to minimise the risk of malfunction.

6. You acknowledges and agrees that you are solely responsible for the selection of the Products, their ability to achieve the results as you intend, their use with any hardware, software, peripherals or any system, and the performance that you, and end users obtain from using them. You alone shall assume any and all warranty obligations with the Data Subjects or any third party, and you shall have no authority to obligate us in any way under each such warranty.

7. The Parties understand and agree that we have the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with these Terms of Use, or (ii) under an order or instruction from any government body or order of court. 

TERMS OF TRANSFER

1. The Products shall become your property as soon as the fees associated with the Products are paid in full.

2. A one-time setup Fee shall be paid by you as per the Order Sheet as compensation for use of our Product and/or Services.

3. A maintenance fee shall be collected from you as per the Order Sheet as compensation for monthly maintenance of the Product and other support services.

4. You shall have the option of compensating us with the one-time fixed fee and the maintenance fee either cumulatively or in instalments as per the Order Sheet. 

5. You shall be solely liable for any liabilities arising pursuant to the use of the Products as delineated below even before the completion of payments in case of payments in instalments. 

6. All Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are allowed.

TERMINATION OF THESE TERMS OF SALE.

1. We may refuse service to you or request to return the Product at any time, if you are found to be in breach of these Terms of Use, and such end of service provision or return of Product shall by default terminate our obligations as a product vendor to you under these Terms of Use (“Termination of Obligation”).

2. On such termination of our obligations, you shall be liable to pay all the dues, as on the termination date, owed to us immediately within 7 days of termination of our obligations as a product vendor towards you under these Terms of Use. 

3. On the termination of obligations as per Clause 5, you shall return our products and end our services on the below mentioned terms:

1. You shall return the Products in good, maintained and usable condition.

2. You shall be liable to pay any additional cost for any damage to the Products.

3. You shall delete all the data collected and/or processed by you using the Products including but not limited to photographs of the Data Subject, time and date of Data collection, temperature of the Data Subject, etc. 

YOUR GENERAL RESPONSIBILITIES AND LIABILITIES

1. Notwithstanding anything contrary contained in this Agreement the Products shall not be used for any unlawful purposes.

2. By using the Products, you represent and warrant that you meet all the requirements pursuant to the applicable laws, and that you will not use the Products in a way that violates any laws or regulations.

3. While using the Products you shall not breach any privacy, public security or employment laws.  

4. The storage and processing of the data collected by the Products shall be your sole responsibility. You shall be dutybound to maintain the confidentiality of the data stored.

5. It shall be your sole responsibility to collect and/or process any data using the Products and to take any decisions pursuant to such collection and/or processing of the data.

6. You shall be responsible for the decisions regarding the installation of the Products, implementation of the Products and operation of the Products. 

7. You shall be solely responsible to answer, resolve and/or rectify any question, request or query the Data Subject may have pursuant to the use of the Products by you or the data collected or processed using the Products.

8. You shall be solely responsible for acquiring the consent of the Data Subjects pursuant to the General Data Protection Regulation 2018, Data Protection Act 2018 and other applicable Laws.

9. You shall be dutybound to comply with any amendments to the existing laws, rules or regulations, effectiveness of any new Laws, rules or regulations, etc. while using the Products.

10. By using the Products, you represent and warrant that you meet all the requirements pursuant to the applicable laws, and that you will not use the Products in a way that violates any laws or regulations.

OUR GENERAL RESPONSIBILITIES AND LIMITATION TO LIABILITY 

1. Pursuant to the Terms of Order and other order terms, we may provide both camera/screen hardware and support services including maintenance, training, and product warranty.

2. We do not assume the role of a Data Processor or Data Controller, with regard to the data collected by you through the Products. We reserve our rights and obligations only as a Product Vendor.

3. We shall never ask you for transfer of any data collected by you of the Data Subject using the Products. The Data of the Data Subject shall be stored in a local storage device which is not connected to any network or internet. 

4. We shall reasonably try to keep the Products up to date, but we do not promise any upgrades in future and we do not guarantee the accuracy of results produced by the Products.

5. We do not hold responsibility for your current password and we are not responsible for any losses or breach of data confidentiality due to stolen or hacked passwords. 

6. We do not assume any responsibility or liability with regard to a decision made you pursuant to the Data collected or processed using the Products.

INDEMINIFICATION

1. You hereby agrees to indemnify and defend at your sole expense: Xenon Fire and Security Ltd, its employees, agents, representatives, directors and shareholders, from and against any and all claims arising out of or based upon your use of the Products, consultation, software or hardware provided or serviced hereunder, including, but not limited to, claims based on privacy breach, breach of confidentiality of Data, software licensing violations, copyright infringement, trademark infringement and patent infringement. In addition, you agree to pay any judgment and costs associated with such claim. 

2. Legal Fees. In any action between the parties to enforce any of the terms herein laid out, the prevailing party shall be entitled to recover all expenses, including reasonable Legal fees.

3. We shall not be liable under these Terms of Use if on testing and examination of the Products, it is found that the alleged defect (if any) in the Product does not exist or was caused by you, or any third person’s misuse, negligence, improper installation or improper testing, attempts to repair or use beyond the range of the intended use, or by accident, fire, lightning or other hazard or any other cause beyond our control.

FORCE MAJEURE 

We shall not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. 

SEVERANCE

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

WAIVER

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

ENTIRE AGREEMENT

These Terms form the entire basis of any agreement reached between you and us.

HEADINGS

Headings used in this Agreement is for the sake of convenience and would not affect or limit the effect of the terms contained within.

LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Republic of Ireland and any disputes will be decided only by the courts in the Republic of Ireland.

DISPUTES

All disputes arising out of or in relation to this Term of Use, including any question regarding its existence, validity or termination, which cannot be amicably resolved by the Parties within 30 days of being brought to their attention (such period is referred to as the “Consultation Period”), shall be settled by arbitration governed by the provisions of appropriate arbitration laws. If the parties are not able to agree on a sole arbitrator, a panel of three arbitrators shall be appointed wherein each party shall appoint one arbitrator, and the two arbitrators together shall appoint the presiding arbitrator. The venue/seat of Arbitration shall be in Dublin and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.

AMENDMENTS

We may amend these Terms of Use from time to time, to comply with the updated Laws, Rules and Regulations.

INTERPRETATION

These Terms of Use shall be read with including but not limited to the Buyer Agreement, Order Sheet, disclaimers, notices, information signage, etc which may be provided to you by us from time to time. For a better interpretation of these Terms of Use and to understand your obligations under these Terms of Use, you may consult your legal advisor.  

CONTACT US

You can contact us with regards to any queries pursuant to these Terms of Use at: 

Email: hello@feverdefence.com