TERMS OF USE
Last Updated: April 26th, 2020
Table of Contents
INTRODUCTION ………………………………………………………………………………………………….2
1 DEFINITIONS ……………………………………………………………………………………………….2
2 AGREEMENT ……………………………………………………………………………………………….2
3 DISCLAIMER AND WARRANTIES………………………………………………………………………2
4 TERMS OF TRANSFER…………………………………………………………………………………….3
5 TERMINATION OF THESE TERMS OF SALE………………………………………………………….4
6 YOUR GENERAL RESPONSIBILITIES AND LIABILITIES…………………………………………….4
7 OUR GENERAL RESPONSIBILITIES AND LIMITATION TO LIABILITY…………………………..5
8 INDEMINIFICATION ………………………………………………………………………………………5
9 FORCE MAJEURE ………………………………………………………………………………………….5
10 SEVERANCE …………………………………………………………………………………………………6
11 WAIVER ……………………………………………………………………………………………………..6
12 ENTIRE AGREEMENT……………………………………………………………………………………..6
13 HEADINGS…………………………………………………………………………………………………..6
14 LAW AND JURISDICTION………………………………………………………………………………..6
15 DISPUTES ……………………………………………………………………………………………………6
16 AMENDMENTS …………………………………………………………………………………………….6
17 INTERPRETATION …………………………………………………………………………………………7
18 CONTACT US ……………………………………………………………………………………………….7
INTRODUCTION
1.1 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, 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’).
1.2 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.
2 DEFINITIONS
2.1 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.
2.2 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.
2.3 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.
2.4 Other Order terms: As described in the Terms of Order.
2.5 Products: Xenon Fever Defence.
2.6 Product Vendor: Xenon Fever Defence Ltd
2.7 Under this Terms of Use, plural words shall denote singular as well.
2.8 Xenon Fire and Security Ltd and you are together termed as the Parties.
3 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.
4 DISCLAIMER AND WARRANTIES
4.1 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.
4.2 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.
4.3 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.
4.4 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.
4.5 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.
4.6 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.
4.7 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.
5 TERMS OF TRANSFER
5.1 The Products shall become your property as soon as the fees associated with the Products are paid in
full.
5.2 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.
5.3 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.
5.4 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.
5.5 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.
5.6 All Products are sold on a “FINAL SALE” basis only, and no cancellations, returns, refunds or credits are
allowed.
6 TERMINATION OF THESE TERMS OF SALE.
6.1 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”).
6.2 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.
6.3 On the termination of obligations as per Clause 5, you shall return our products and end our services
on the below mentioned terms:
6.3.1 You shall return the Products in good, maintained and usable
condition.
6.3.2 You shall be liable to pay any additional cost for any damage to the
Products.
6.3.3 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.
7 YOUR GENERAL RESPONSIBILITIES AND LIABILITIES
7.1 Notwithstanding anything contrary contained in this Agreement the Products shall not be used for any
unlawful purposes.
7.2 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.
7.3 While using the Products you shall not breach any privacy, public security or employment laws.
7.4 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.
7.5 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.
7.6 You shall be responsible for the decisions regarding the installation of the Products, implementation
of the Products and operation of the Products.
7.7 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.
7.8 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.
7.9 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.
7.10 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.
8 OUR GENERAL RESPONSIBILITIES AND LIMITATION TO LIABILITY
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 Password control and protection are the responsibility if the Data Controller. We do not have your
current password and we are not responsible for any losses or breach of data confidentiality due to
stolen or hacked passwords.
8.6 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.
9
10 INDEMINIFICATION
10.1 You hereby agree 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.
10.2 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 attorneys’ fees.
10.3 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.
11 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.
12 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.
13 WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of
any provision.
14 ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
15 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.
16 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.
17 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 fifteen days of being brought to their attention (such period is referred to as the
“Consultation Period”),F 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.
18 AMENDMENTS
We may amend these Terms of Use from time to time, to comply with the updated Laws,
Rules and Regulations.
19 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.
20 CONTACT US
You can contact us with regards to any queries pursuant to these Terms of Use at:
Email: info@xenon.ie Phone: +353 59 9131424