Our Terms and Conditions
1.1 What these terms cover:
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them:
Please read these terms and conditions carefully before you submit an order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if a problem occurs and other important information. If you think that there is a mistake in these terms and conditions or that they require any changes, please contact us to discuss.
2. Information about us and how to contact us:
2.1 Who we are:
We are Find 8 Systems Ltd, a company registered in England and Wales. Our company registration number is 1155, and our registered office is at 27 Old Gloucester Street, London, WC1N 3AX
2.2 How to contact us:
You can contact us in writing at firstname.lastname@example.org
2.3 How we may contact you:
We may contact you by one of the following means; telephone, SMS or by writing to you at the email address or postal address you provided to us in your order.
When we use the words “writing” in these terms, this includes emails and or SMS.
3. Our contract with you:
3.1 How we will accept your order:
Our acceptance of your order will be subject to the payment of the order either through our website or the Amazon Market Place. Our acceptance of your order will then take place when we email you to accept it, at which point a contract will come into existence between you and Find 8 Systems Ltd. We will send an email to the address you provide to us as the time of placing your order, and it is your responsibility to check any spam or junk folders for the said email. For the avoidance of any doubt, a contract will be formed even if our email is delivered to your spam or junk folder.
3.2 If we cannot accept your order:
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. The reasons may be because the product is out of stock, because of unexpected situations of which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number if you need to contact us about your order.
4. Our products:
4.1 Products may vary slightly from their pictures:
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary:
The packaging of the product may vary from that shown on our website.
4.3 Physical Products:
Some physical products supplied by us are intended to be worn by children and by providing the product to a child, you are warranting and representing to us that you are the parent or legal guardian of the child in question (or are authorised by the child’s parent or legal guardian). Other physical products supplied by us are intended to be worn or used by adults, and you are warranting that you, as the buyer of our product, have the consent of the adult that is going to wear or use our product.
4.4 Digital Services:
To use our products, you will be required to download a digital application, and you will be required to accept the terms of that digital application before you are entitled to use it in conjunction with our products.
4.5 Platform capabilities:
Any physical products provided by us may include unless notified. Communications services including but not limited to calls, text, data, location and emergency services. The cost for the use of these services may include a monthly or yearly subscription you have agreed to pay and is subject to the terms contained within these terms and conditions.
4.6 What doesn’t the communications platform do:
While every care is taken to ensure our products work at all times, our communications platform is based on the national mobile network providers, and their network may not be available in all parts of the selling country. The communications mobile network platform is not fault-free and accordingly, speed and quality may be affected by, amongst other things, the thickness of the walls of the building in which the product is being used, atmospheric conditions, technical issues of the mobile network and the number of people accessing the mobile phone network at the same time. Our products should not be used as a parenting tool or Fool Proof security Device.
4.7 What happens at the end of our minimum term:
Your agreement with us may have a minimum term (LO-K8 SOS as specified on your order form). After the minimum term ends, you may continue to use the services provided that you continue to make your monthly, yearly or other periodic payments following which there will be no further minimum term, and you can terminate your agreement with us on one months’ notice.
4.8 Our limited warranty:
We warrant that any hardware products sold by us via our official web store or the Amazon Market Place shall be free from defects in materials and quality for one (1) year from the date of purchase. This warranty shall not be assignable and shall only be valid with proof of purchase.
Our limited warranty does not apply to:
(a) Normal wear and tear (including, without limitation, cosmetic damage such as scratches, dents, nicks, and rust).
(b) Defects or damage caused by misuse, accident, spillage of food or liquid, fire, other acts of nature or external causes, abuse, unusual stress, or improper storage.
(c) The alteration, modification, testing, improper or unauthorised repair.
(d) Use not under the published guidelines.
(e) Damage caused by use with unsuitable accessories, non-genuine chargers, or software,
(f) any force majeure events.
Our sole responsibility under this limited warranty shall be to repair or replace (at our sole discretion) any defective product within the warranty period. To make a valid claim under the limited warranty, you will need to notify us before the expiry of the warranty period with full details of the defect claimed and request a returns label. You will be responsible for the costs of all postage costs, and we recommend using a tracking service to ensure the product reaches us safely.
4.11 Safety & Regulation:
Our products (which are goods):
(a) Are wearable standalone smart devices. They are CE certified. The CE marking can be found on the product itself and the package and comply with all United Kingdom and European Union laws and regulations;
(b) Are expected to perform at their optimum capability in the temperature range of -10C to 40C (including the battery);
(c) Should only be used with the supplied charger and genuine replacement batteries as provided or recommended by us. Any alternative uses will invalidate any limited guarantee offered by us;
(d) Should be kept away from sources of extreme heat and fire;
(e) Should not be used if it becomes overheated as there is a risk of low-temperature burn symptoms such as red spots and darker pigmentation;
(f) Should not be tampered with (including, without limitation, biting or sucking) as it may result in damage and / or explosion;
(g) Should not be disassembled.
(h) Includes a battery which is not repairable and should only be disposed of by an authorised partner or Find 8 Systems Ltd and should not at any time be disposed of except in an authorised and safe manner. (If you are unsure about disposal please contact us for a free return package)
5. Your rights to make changes:
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel the order (see clause 9 Your rights to end the contract).
6. Our rights to make changes:
6.1 Minor changes to the products:
We may change the product:
(a) To reflect changes in relevant laws and regulatory requirements; and
(b) To implement minor technical adjustments and improvements. These changes should not affect your use of the product.
6.2 More significant changes to the products and these terms:
If we make significant changes to our products, we will notify you, and you may then contact us to end any contract before the changes take effect and receive a refund for any products paid for but not received.
6.3 Updates to digital content:
We may update or require you to update digital content, provided that the digital content shall always match the description that we provided to you before you purchased the product. Should you decline to update the digital content, when such updates are provided by us, we will not be liable for any malfunction or security breach which may have reasonably been prevented by such updates.
7. Providing products:
7.1 Delivery costs:
The costs of delivery will be as displayed to you on our website at the time of placing the order.
7.2 When we will provide the products:
(a) If the products are goods:
If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 14 days after the day on which we accept your order.
(b) If the products are one-off services
We will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.
(c) If the product is of digital content:
We will make the digital content available for download by you as soon as we accept your order.
(d) If the products are ongoing services or a subscription to receive goods or digital content:
We will supply the services and digital content to you from the date we accept the order until either the services are completed, or the subscription expires. You end the contract as described in clause 9, or we end the contract by sending you written notice as described in clause 11.
7.3 We are not responsible for delays outside our control:
If our product delivery is delayed by an event outside our control, we will contact you as soon as possible to let you know, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered:
If no one is available at your address to take delivery and the products cannot be put through your letterbox, we or our carrier on our behalf will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery:
If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract, and clause 11.2 will apply.
7.6 When you become responsible for the goods:
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or you or a carrier organised by you collect it from us.
7.7 When you own goods:
If you have paid for the product (which is goods) in advance then you own a product which is goods once we have received payment in full. In all other cases, the goods shall always be owned by us.
7.8 What will happen if you do not give the required information to us:
We may need certain information from you so that we can supply the products to you. If so, this will have to be stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. Find 8 Systems Ltd are not responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you:
We may have to suspend the supply of a product:
(a) To deal with technical problems or make minor technical changes;
(b) To update the product to reflect changes in relevant laws and regulatory requirements;
(c) where you are in breach of any of the terms of this agreement; or
(d) to make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products:
We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product for longer than two days in any four weeks, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. For the avoidance of any doubt, all payments made up to the date on which the contract ends shall not be due a refund.
7.11 We may also suspend supply of the products if you do not pay:
If you do not pay us for the services per the agreed payment schedule (see clause 13.4), and you still do not make payment within seven days of us reminding you that payment is due. We may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend any services where you dispute the unpaid invoice (see clause 1.1). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.5).
8. Your obligations to us:
8.1 By purchasing the products from us, you agree:
(a) To abide by the terms contained in these terms and conditions;
(b) To provide us with your current and up to date personal contact information as it may change from time to time;
(c) To use the products in the manner for which they were intended and as described;
(d) To take adequate steps to avoid damage to the products;
(e) To inform us immediately upon discovery of any unauthorised use of the products;
(f) Not to resell or re-brand our products;
(g) Not to use the products, or permit the use of the products, for:
(i) Criminal activities;
(ii) Offensive, abusive, indecent, defamatory, obscene or menacing behaviour;
(iii) Annoying or inconvenient behaviour (as set out in the Communications Act 2003);
(iv) Persistently send automated unsolicited communications.
9. Your rights to end the contract:
9.1 You can always end your contract with us:
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or not as described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.
9.2 Ending the contract because of something we have done or are going to do:
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately, and we will refund you in full for any products which have not been provided, and you may also be entitled to compensation.
The reasons are:
(a) We have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(b) There is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for more than two weeks; or
(d) You have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013):
For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These legal rights are covered by the Consumer Contracts Regulations 2013. We extend this legal right up to a total of 30 days; therefore you have the right to change your mind when buying a product or service from Find 8 Systems Ltd within 30 days and receive a refund, as explained in these terms.
9.4 When you don’t have the right to change your mind:
You do not have a right to change your mind in respect of:
(a) Digital products after you have started to download or use these;
(b) Services, once these have been completed, even if the cancellation period is still running;
(c) Any products which become mixed inseparably with other items after their delivery.
9.5 How long do I have to change my mind:
How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services:
(for example, LO-K8 SOS services included in the LO-K8 SOS Package)
If so, you have 30 days after the day we email you to confirm we accept your order. However, if you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought physical goods:
If so you have 30 days after the day you (or someone you nominate) receives the goods unless our goods are split into several deliveries over different days. In this case, you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9.6 Ending the contract where we are not at fault, and there is no right to change your mind:
Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it’s completion date, but you may have to pay us compensation.
A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for.
A contract for services is completed when we have finished providing the services, and you have paid for them.
If you want to end a contract before it is completed where we are not at fault, and you have not changed your mind, you can contact us to let us know.
The contract will end immediately, and we will refund any sums paid by you for products not provided, but we may deduct from that refund (or if you have not made an advance payment) charge you a percentage of the price calculated depending on the date on which you end the contract.
10. How to end the contract with us (including changing your mind):
10.1 Tell us you want to end the contract:
To end the contract with us, please let us know by doing one of the following and by giving us 30 days’ notice of such termination:
Email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
Complete the form on our website (if available).
10.2 Returning products after ending the contract:
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us undamaged and in its original unopened packaging, free of any software or security locks together with your proof of purchase. You must either return the goods in person to where you bought them, post them back to us at 27 Old Gloucester Street, London, WC1N 3AX, UK. Please email customer services at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind, you must send off the goods within 30 days of telling us you wish to end the contract.
10.3 When we will pay the costs of return:
We will pay the costs of return:
- If the products are faulty;
- If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you:
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. If the payment method does not work and you do not notify us of an alternative payment method within three days, we will treat the refund as being forfeited by you. However, we may make deductions from the price, as described below.
10.5 Deductions from refunds if you are exercising your right to change your mind:
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we can inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost, but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the last day of the billing month in which you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.6 When your refund will be made:
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods, your refund will be made within 30 days from the day on which we receive the product back from you and shall be subject to us confirming there is no damage to the products. For information about how to return a product to us, see clause 9.2.
(b) In all other cases, within 30 days of your telling us, you have changed your mind
11. Our rights to end the contract:
11.1 We may suspend the contract if you break it:
We may end the contract for a product at any time by writing to you if:
(a) You do not make any payment to us when it is due, and you still do not make payment within seven days of us reminding you that payment is due;
(b) You breach any of the terms contained within these terms and conditions. (whether you are aware of any breach or not);
(c) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(d) You do not, within a reasonable time, allow us to deliver the products to you.
11.2 You will be required to compensate us for any breach of the contract:
If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided. However, we may deduct or charge you a percentage of the price calculated depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the product:
We may write to you to let you know that we are going to stop providing the product and or service. We will let you know at least one month in advance of our stopping the supply of the product and or service and will refund any sums you have paid in advance for products which will not be providing.
12. If there is a problem with the product:
12.1 How to tell us about problems:
If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com
12.2 Summary of your legal rights:
We are under a legal duty to supply products that conform to this contract. Nothing in these terms will affect your legal rights.
12.3 Your obligation to return rejected products:
If you wish to exercise your legal rights to reject products, you must either return them in person to where you bought them or post them back to us. Please email us at firstname.lastname@example.org for a return label.
13. Price and payment:
13.1 Where to find the price for the product:
The price of the product (which normally includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, circumstances do arise that are beyond our control, see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT:
If the rate of VAT changes between your order date and the date we supply the product, we will not adjust the rate of VAT that you pay (except if this change lowers the price). However if your payments are on a monthly schedule, then changes will take effect on the next monthly charge.
13.3 What happens if we got the price wrong:
It is always possible that a product we sell may be priced incorrectly either on our website or the Amazon Store.
We normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will accept your order and no further costs will be incurred by you. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay:
We accept payment by direct debit, PayPal, Visa and MasterCard (via the PayPal Platform) from within the United Kingdom. We may introduce additional payment methods from time to time. When you are required to pay is based on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them.
(b) For digital content, you must pay for the products before you download them.
(c) For services, you must make an advance payment as set out on our order form, before we start providing the services. We will charge you monthly or annually for the services, and you must continue to make payments when they fall due. You must allow your payment method to accept monthly or annual payments as agreed in the contract, including but not limited to informing us of any payment method details that have changed and having sufficient funds as to allow us to collect monthly payment.
13.5 If you pay through direct debit, please note that:
(a) the guarantee is available from all banks and building societies that accept instructions to pay direct debits;
(b) If there are any changes to the amount, date or frequency of your direct debit, we will notify you in advance of your account being debited or as otherwise agreed. If you request us to collect a payment, confirmation of the amount and date will be supplied to you at the time of the request;
(c) if there is an error in the payment of your direct debit, you are entitled to a full and immediate refund of the amount paid from your bank or building society;
(d) If you receive a refund that you are not entitled to receive. You must pay it back when we ask you to;
(e) You can cancel a direct debit at any time by simply contacting your bank or building society, and if you do so, you must notify us in writing at the time of doing so and provide an alternative payment method.
13.6 We can charge interest if you pay late:
If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England as set from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
14. Our responsibility for loss or damage suffered by you:
14.1 We are responsible to you for foreseeable loss and damage caused by us:
If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties were aware it could happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so:
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2 and for defective products under the Consumer Protection Act 1987.
14.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is a cause by our failure to use reasonable care and skill we may either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to follow installation instructions correctly or to have in place the minimum system requirements advised by us.
14.4 Any products supplied by us should not be used as a substitute parenting technique, and you will at all times remain fully responsible for all use of any products supplied by us including, without limitation, keeping all use of the product in line with any conditions set out in this agreement.
14.5 We are not liable for the loss of or any deletion, corruption or loss of any data transmitted over a suppliers communications network or in the event your communications network stops working as a result of events outside of our control.
14.6 The maximum amount of liability we may have shall be limited to the amount paid by you to us.
14.7 We are not liable for business losses:
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we have no liability to you for any loss of profit, loss of business, or business interruption.
15. How we may use your personal information:
15.1 How we may use your personal information:
16. Other important terms:
16.1 We reserve the right to transfer this agreement:
We may transfer our rights and obligations under these terms to another organisation. We will notify you in writing if this happens and we will take all reasonable steps to ensure that the transfer will not affect your rights under the contract.
16.2 Nobody else has any rights under this contract:
This contract is between the Purchaser and Find 8 Systems Ltd. No other person or entity shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person or entity to end the contract or make any changes to these terms and conditions.
16.3 If a court finds part of this contract illegal, the rest will continue in force:
Each of the numbered paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of the terms and conditions are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later:
If we do not insist in a reasonable time frame that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract.
That will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date. For example, The Purchaser misses a payment and, we do not request immediate payment from you, but we continue to provide the products and or services, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings:
These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.