Our Terms of Service comprise the contents of all the following documents...
- (this document) Main Terms of Service found at https://www.nearevo.com/1400700995/policies/6459719747.html
- Shipping Policy found at https://www.nearevo.com/1400700995/policies/8671100995.html
- Refund Policy found at https://www.nearevo.com/1400700995/policies/6459654211.html
This website is operated by Lab2 Limited, trading as Nearevo. Throughout the site, the terms "we", "us" and "our" refer to Nearevo. Nearevo offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein above and below and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence.
You may not use our services or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws or regulations in your or our jurisdiction (including but not limited to copyright laws and spam and data protection regulations).
You must not transmit any spam, worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services with no recourse to a refund of payments made for any services or products.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse our service or product to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
For the purposes of clarity, the initial purchase price of a Bluetooth beacon or NFC tag product may include access to a number of cloud-based and mobile app services for an initial period (for example 1 month or 1 or 2 years). Access to and use of these services after the initial period may be subject to a further monthly or annual charge at a price that will be communicated on our website or that can be obtained by contacting Nearevo at any time.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Where a battery-operated Bluetooth beacon product is advertised it will give an indication of how long the battery may last. This is an indication only and cannot be guaranteed as it is based on a number of environmental and user-calibration factors outside our control. Our battery-operated Bluetooth beacon products will be shipped with a single battery. You are responsible for the purchase and cost of all additional batteries thereafter.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools, including but not limited to our Discovery Card editor, over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments or other content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments or other content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or other content. You are solely responsible for any comments or other content you make and their accuracy. We take no responsibility and assume no liability for any comments or other content posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our website or its content or any products or services obtained from us: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
If you purchase a besoke solution which requires your branding to be displayed within our smartphone apps, websites, web dashboards, or printed onto Bluetooth beacons, NFC tags or other printed materials, then you grant Nearevo permission to use your logo, branding and colours as necessary within the aforementioned locations. Nearevo will first seek written or email approval from you prior to final publication or printing.
If you purchase a besoke solution which requires co-branding and the inclusion of the Nearevo logo, the Nearevo arrow, or other trademarks (whether registered or unregistered) such as but not limited to "Tap & Discover", "Scan and Discover", "Proximity discovery for the internet of things", "Discovery Zone" or "Discover the world, nearby" then you are permitted to use these but only in the context of promoting the Nearevo solution, services or products and only whilst you remain a fee paying contractual client of Nearevo. If you wish to re-produce these in any electronic, web or printed format then you are required to first seek written or email approval from a Nearevo Director.
If you purchase a besoke solution then any Bluetooth beacons and NFC tags that are provided as part of the solution, whether they include your branding, Nearevo branding or joint branding will be discoverable by tapping or scanning and displayed in any bespoke app that Nearevo creates and manages on your behalf as well as in any of your own apps that integrate with Nearevo using our available API's and SDK. These same aforementioned Bluetooth beacons and NFC tags, unless agreed beforehand in an addendum between Nearevo and you will also be discoverable by tapping or scanning and available for display in the standard Nearevo branded apps. These same aforementioned Bluetooth beacons and NFC tags, unless agreed beforehand in an addendum between Nearevo and you will not be discoverable by tapping or scanning and will not be available for display in any other bespoke apps provided and managed by Nearevo on behalf of our other clients and will not be available via our API's and SDK in any other apps managed by our other clients.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You accept that the installation of our BLE Bluetooth scanning and NFC tapping app onto end-user iOS or Android mobile smartphone devices (which are also internet, location, BLE bluetooth and NFC enabled) is required for the smartphone to be capable of receiving links from Bluetooth beacons or NFC tags obtained from us. Smartphones that do not run iOS or Android will not be capable of working with our service, nor will other non-smartphone devices from any manufacturer. We do not guarantee, represent or warrant that your use of any product or service obtained from us will be uninterrupted, timely, secure or error-free. We do not guarantee, represent or warrant that the results that may be obtained from the use of any product or service obtained from us will be accurate or reliable. We do not guarantee, represent or warrant that Apple and Google will at all times make our BLE Bluetooth scanning and NFC tapping app available on their app stores and there may be periods of time where Apple or Google remove the app from their app store for any reason they wish and which is outside of our control. We do not guarantee, represent or warrant that BLE Bluetooth scanning or NFC tapping will be available on all models of iPhones or Android phones.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You accept full responsibility for ensuring that your usage of our services and products conforms to applicable laws, best practices, privacy requirements and regulations, including but not limited to the EU GDPR regulations. Where necessary you will acquire all appropriate user, permission and privacy consents from your users and customers before they use any services or products that you obtained from us and you accept full responsibility for any failure to do so.
In no case shall Nearevo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - AFFILIATE AND REFERRAL PARTNER PROGRAMME
If you optionally signup as an Affiliate (also known as a referral partner) using our affiliate tracking partner Affiliatly (www.affiliatly.com) then you agree to these Terms of Service in their entirety as well as these additional terms in this Section 14 and all terms as shown on or linked to from our affiliate tracking signup page at Affiliatly, including any terms provided by Affiliatly.
Unless agreed beforehand in an addendum between Nearevo and the affiliate the percentage level of commission offered to the affiliate for each available product or service will be as shown on our affiliate tracking signup page at Affiliatly at the time of the affiliate signup on that same affiliate tracking signup page at Affiliatly. Commissions offered are based on the customer paying the full advertised price for any product or service. If the customers pays less than the advertised price for any product or service then the amount of commission offered to the affiliate will be at the discretion of Nearevo unless agreed beforehand in an addendum between Nearevo and the affiliate. Commission will only be offered on cloud Saas accounts and initial purchases of Bluetooth beacons or NFC tags by new and existing customers that first visited the www.nearevo.com website via the affiliate's unique tracking link and less than 365 days before the purchase. The affiliate will not be entitled to any commission if the customer's first visit to www.nearevo.com is not via the affiliates unique tracking link. Unless agreed beforehand in an addendum between Nearevo and the affiliate the affiliate will not be entitled to any commission on additional purchases of Bluetooth beacons or NFC tags or on subsequent renewal fees by the customer for access to our cloud Saas accounts, app-based services and tools after the first 365 days. Unless agreed beforehand in an addendum between Nearevo and the affiliate the affiliate will not be entitled to any commission on window stickers or any other promotional or point-of-sale materials that are purchased by the customer, at any time.
Affiliates are only entitled to commission on Nearevo products and services purchased by a party that is un-related to the affiliate, apart from having been introduced to Nearevo by the affiliate. The affiliate is not entitled to commission on Nearevo products and services purchased by any party where the affiliate or their staff, colleagues, fellow company officers, contractors or other representatives have an interest. A Nearevo customer may not signup as a Nearevo affiliate as a means of obtaining an effective discount on Nearevo products and services for themselves or parties to whom they are already connected.
Any earnings shown on our affiliate tracking partner pages at Affiliatly are estimated and final figures will be confirmed by Nearevo prior to payout. We will add VAT to commission payouts if you are registered for UK VAT and you provide us with a UK VAT invoice. The payout of commission to affiliate partners will be subject to a waiting period of at least 60 calendar days after each purchase is paid and received as cleared funds into Nearevo's UK bank account. This requirement is to ensure that purchases made via the affiliate will not be subject to chargebacks by our payment processing partners or any 3rd party banks or other financial institutions. If a commission has already been paid to the affiliate and a subsequent chargeback is made, Nearevo will be entitled to request full and immediate repayment of the commission from the affiliate and if this is not forthcoming within 7 days will use all legal means available to reclaim the commissions and all associated costs incured in recovering such commissions.
Unless agreed beforehand in an addendum between Nearevo and the affiliate, no payouts will be made to the affiliate until the level of commission owed is a minimum of £100. Unless agreed beforehand in an addendum between Nearevo and the affiliate a payout of commissions owed will be done a maximum of once per calendar month and will be transfered to the affiliate using Paypal.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Nearevo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If you are not in the European Union you are fully responsible for all taxes and duty applicable when the goods enter your country and you agree that Nearevo will not be responsible for payment of these.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any terms, policies or operating rules referenced by them or posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.