TERMS & CONDITIONS
Welcome to Nice Care Smart
1.1 Fiope (H.K.) Limited (“Fiope”, “we”, “us” or “our”) provides: (1) Nice Care Smart information & customer service website (the “Site”), (2) services accessible through the Site (the “Web App”), and (3) software that may be downloaded to your smartphone or tablet to access services (the “Mobile Apps”), all for use in conjunction with Nice Care Smart hardware products (the “Products”) and in other ways that Nice Care Smart provides. Some Nice Care Smart products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Site, Web App and Mobile Apps.
2. Your relationship with us
2.1 This document and any documents referred to within it (collectively, the “Terms of Service”) govern your access to and use of the Services. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then visit our website. www.fiope.co or contact us at firstname.lastname@example.org.
2.2 By setting up an account with us or using and accessing the Services you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not browse or otherwise access or use the service.
2.3 Your purchase of any Product is governed by the limited warranty provided with that Product (the “Limited Warranty”) and may further be governed by the Terms & Conditions of Sale. The software embedded in the Product and any updates to it (the “Product Software”) is licensed and governed by the End User Licensing Agreement. Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted on the Services in connection with those features.
2.4 You must be 13 years or older and capable in your country of residence of entering into legal binding agreements to use our Services. The Services are not available to any users previously prohibited from using the Services by Nice Care Smart.
3. Information about us
3.1 Fiope (H.K.) Limited is a company duly incorporated and established under the laws of the Hong Kong Special Administrative Region (BR 15698961-000-03-18-6) and registered in Hong Kong of business at Rm 1508, 118 Connaught Road West, Sai Ying Pun, Hong Kong.
4. Information about you
5. Setting up an account
5.1 To use the Services, you must register for a user account (your “Account”) and provide certain information about yourself as prompted by the applicable registration form. You agree that all information you submit is true and accurate and that you will keep the information up to date.
5.2 You agree to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.
5.3 You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you agree to contact us at email@example.com straight away to let us know.
6. Your right to use the Services
6.1 The materials and content comprising the Services belong to us and we give you permission to use these materials and content for the sole purpose of using the Services in accordance with these Terms and Conditions.
6.2 Your right to use the Services is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Services does not stop us from giving other people the right to use the Services.
6.3 Other than as allowed in these Terms of Service you are not given a right to use the “Nice Care Smart” name, or any of the “Nice Care Smart” trademarks, logos, domain names and other distinctive brand features.
6.4 As part of our Services, we allow you to:
access the Web App in connection with and for the sole purpose of controlling and monitoring the Products installed on your property or otherwise accessing a service provided by us for your use in accordance with these Terms of Service (the “Permitted Purpose”); and
install and use the Mobile Apps for use on your mobile device for the Permitted Purpose,
and we grant you a non-exclusive, personal, non-transferable licence for the Permitted Purpose.
6.5 The following also applies where you acquire our Mobile Apps from the Apple App Store or Google Play Store or use the Services in connection with a device provided by Apple and Google or other app stores (collectively, such uses are the “Application”):
you acknowledge and agree that these Terms of Service are solely between you and Nice Care Smart, not other app stores, other app stores have no responsibility for the Application or content thereof whatsoever;
your use of the Application must comply with the App Store Terms of Service;
you acknowledge that other app stores has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
in the event of any failure of the Application to conform to any applicable warranty, you may notify other app stores, and other app stores will (if applicable) refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other obligation whatsoever with respect to Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Nice Care Smart as provider of the software;
you acknowledge that Apple is not responsible for addressing any claims you or any third party have relating to the Application or your possession and/or use of the Application and all such claims are governed solely by these Terms of Service and any law applicable to Nice Care Smart;
you and Nice Care Smart acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service and have the right to rely on these Terms of Service as it relates to your licence of the Application; and
you acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
6.6 You agree that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties.
6.7 Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site are not available to all persons or in all countries. If you choose to access the Site from outside a country in which Nice Care Smart supports the Product and Services ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Site is not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in such a country. To the extent permissible by law, Nice Care Smart accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Site or Nice Care Smart Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Site or use the Services.
7. Software Updates
7.1 From time to time, we may develop patches, bug fixes, updates and other modifications to improve the performance of the Services or the Product Software (“Updates”). You consent to us installing these updates automatically without us providing you with additional notice.
7.2 You acknowledge that you might be required to install Updates to use Services and the Products and you agree to promptly install any Updates we provide.
7.3 If you do not want Updates, you must terminate your Account and stop using the Services and the Products. If you do not terminate an Account, you will continue to receive automatic Updates.
7.4 Continuing to use the Services and the Products after an Update constitutes your continued agreement to these Terms and Conditions of Service.
8. Third Party Products and Services
8.1 Nice Care Smart may provide the opportunity for you to interface the Products and Services to one or more third party products and services (“Third Party Products and Services”). You decide whether and with which Third Party Products and Services you want to interface and we require your explicit consent and authorisation for it, which you can revoke at any time.
8.2 You acknowledge and agree that Third Party Products and Services that you connect to your Account or interface with are not Nice Care Smart products and services and you acknowledge that Nice Care Smart does not control any Third Party Products and Services.
8.3 You agree and acknowledge that Nice Care Smart makes no representation or warranty about the safety of any Third Party Products or Services and acknowledge and agree that Nice Care Smart is not responsible for your use of any Third Party Products or Services.
8.4 Use of any Third Party Products and Services is governed by separate terms and conditions by the operators of the applicable Third Party Products and Services.
8.5 For any questions about the Third Party Products and Services, you should contact the operator of that product or service.
9. Rules of Acceptable Use
9.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Services (the “Rules of Acceptable Use”).
9.2 When using the Services, you must not:
license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services;
modify, interfere, intercept, damage, disrupt or hack the Service;
access the Services to build a similar or competitive service;
circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of the content accessible via the Service;
except as stated in these Terms of Service, copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services in any form or by any means;
give any false or misleading information in your account details;
engage in any illegal or unlawful conduct;
use the Service if we have suspended or banned you from using it;
misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;
collect any data from the Service other than in accordance with these Terms of Service;
interfere with, disrupt or attempt to gain unauthorised access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
access or attempt to access any of the Services by means other than through the interface that is provided by Nice Care Smart; or
remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices).
9.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service and may result in our taking all or any of the following actions (with or without notice):
immediate, temporary or permanent withdrawal of your right to use our Services;
issuing of a warning to you;
legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9.4 We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Services without notice to you.
9.5 The actions described in clause 9.3 are not limited and we may take any other action we reasonably deem appropriate.
10. Open Source Components
10.1 Certain third party software code may be included in the Web App or Mobile Apps that are subject to “open source” or “free software” licences (“Open Source Software”). Some of the Open Source Software is owned by third parties.
10.2 Nothing in these Terms of Service limited your rights under, or grants you rights,
11. Agreed Usage and Limitations of Nice Care Smart Services
11.1 Intended Use of Nice Care Smart Services
While we aim for the Services to be highly reliable, they are not intended to be available 100% of the time. The Services may be subject to sporadic interruptions and failures for a variety of reasons beyond Nice Care Smart’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Nice Care Smart is not responsible for any damages allegedly caused by the failure or delay of the Services.
11.2 Temporary Suspension
The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Nice Care Smart does not offer any specific uptime guarantee for the Services.
11.3 System Requirements
For Services requiring a Wi-Fi network, you will not be able to access the Services without:
a working Wi-Fi network in your home that is positioned to communicate reliably with the Products;
mobile clients such as a supported phone or tablet (required for some functionality);
always-on broadband Internet access;
other system elements that may be specified by Nice Care Smart.
For Services requiring a Bluetooth connection, you will not be able to access the Services without:
an Account (required for some functionality);
mobile clients such as a supported phone or tablet (required for some functionality) with Bluetooth connectivity;
other system elements that may be specified by Nice Care Smart.
It is your responsibility to ensure you have all the required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
11.4 Limitations on Information
The Services provide you information (“Product Information”) regarding the Products and their connection with other products and services. All Product Information is provided “as is” and “as available”. We do not guarantee that it is correct or up to date.
12. Limitations of Nice Care Smart Services relating to third parties
The Services rely on or work with third party products and services. These third party products and services are beyond Nice Care Smart’s control, but their operation may impact or be impacted by the use and reliability of the Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; and (ii) these third party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Services operate.
12.2 Third Party Service Providers
You acknowledge that Nice Care Smart uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, authentication and communication, and mobile device notifications through mobile operating system vendors and mobile carriers.
12.3 Equipment, ISP, Carrier
12.4 App Stores
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms of Service are between you and Nice Care Smart and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditional upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.
12.5 Third Party Website Links and Referrals
The Site may contain links to other web sites operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under our control. Nice Care Smart provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk.
Nice Care Smart is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Nice Care Smart disclaims and you discharge, waive and release Nice Care Smart and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services, even if you are unaware of a claim that might exist at the time of agreeing to this release.
13. Ownership and Intellectual Property
13.1 You agree that all confidential information, copyright and other intellectual property rights in the Product, Product Software, and Services are owned by Nice Care Smart or the people who have licenced us to use those rights. You agree that you have no rights in or to our Product, Product Software, and Services other than the right to use them in accordance with these Terms of Service.
13.2 You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Nice Care Smart. You must have a license from us before you can post or redistribute any portion of the Services.
13.3 Nice Care Smart retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.
14. Ending our relationship
14.1 If at any time you do not feel that you can agree to these Terms of Service or any changes made to the Terms of Service or the Services, you must immediately stop using the Services.
14.2 If you wish to end your use of the Services, please follow the instructions for deactivating your account in the settings feature of our Services.
14.3 We may immediately end your use of the Services if you break the Rules of Acceptable Use, any other important rules(s), or terms and conditions we set for accessing and using the Service, including these Terms of Service.
14.4 We may also withdraw the Service at any time as long as we give you reasonable notice that we plan to do this.
14.5 If you or we end your use of the Services or we withdraw the Services, we may delete or modify your Account or any other information we hold about you. You will also lose any rights you have to use the Services. We will not offer you compensation for any losses.
14.6 If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates and the new owner will have no right to use the Product or Services using your Account and will need to register for a separate account with Nice Care Smart.
15. Our liability / responsibility to you
15.1 Unfortunately, due to the nature of the Internet and technology, the Services are provided on an “as available” and “as is” basis. This means we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Services in these Terms or Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
15.2 To the extent permitted by the law, we do not accept any responsibility whatsoever for any claims arising out of the provision of the Services (as these are provided for free).
15.3 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
16. Resolving disputes
16.1 If you have a dispute with us relating to the Services, in the first instance please contact us at www.fiope.co and attempt to resolve the dispute with us informally.
16.2 In the unlikely event that Nice Care Smart has not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
17. Changes to the Services
17.1 We are constantly updating and improving the Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Services.
17.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Services, or feature relating to the Service ("changes to the Services"). These changes to the Service may affect your past activities on the Service, features that you use and your Product Information ("Service elements"). Any changes to the Services could involve your Service elements being deleted or reset.
17.3 You agree that a key characteristic of our Services is that changes to the Services will take place over time and this is an important basis on which we grant you access to the Services. Once we have made changes to the Services, your continued use of the Services will show that you have accepted any changes to the Services. You are always free to stop using the Services or deactivate your Account in the settings feature of the Services.
17.4 You agree that we will not be liable to you or to any third party for any change to the Services.
17.5 We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Services.
18. Changes to the documents
18.1 We may revise these Terms of Service from time to time but the most current version will always be at www.fiope.co/terms-conditions
18.2 Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
18.3 We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
18.4 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice. Your continued use of the Service after we have changed the Terms of Service will show that you have accepted the changes.
19. Documents that apply to our relationship with you
19.1 The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
19.2 We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Services. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
19.3 If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
20.1 These Terms of Service are governed by the laws in Hong Kong. The Hong Kong courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Services.
20.2 Nothing in this clause shall prevent either of us from seeking injunctive (emergency) or other equitable relief from the courts for matters related to data security, intellectual property or unauthorised access to the Services.
These Terms of Service and any associated rights or obligations, may not be assigned or otherwise transferred by you without prior written consent from Nice Care Smart. These Terms of Service may be assigned by Nice Care Smart without restriction. These Terms are binding upon any permitted assignee.
Nice Care Smart may provide notifications to you as required by law or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site. Nice Care Smart is not responsible for any automatic filtering you or your network provider may apply to email notifications. Nice Care Smart recommends that you add @fiope.co URLs to your email address book to help ensure you receive email notifications from Nice Care Smart.
Please see here for Nice Care Smart’s registered company email address: www.fiope.co
24. Contact, feedback and complaints
24.1 If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at firstname.lastname@example.org
We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
This Policy was last revised on, and effective as of, 12/13/2018