Terms and Сonditions

Introduction

The general Terms and Conditions (T&Cs) are governing the purchasing relations between the User of this site, hereinafter named “you”, and Perenio IoT spol s r.o. , hereinafter named as “we”, “e-Shop” or “Perenio” – the company with headquarter situated at Na Dlouhem 79, Ricany – Jazlovice 251 01, Czech Republic. These T&Cs aim into protecting your rights as a valued customer as well as the rights of Perenio. By submitting your order, you come to binding contractual obligations with the e-Shop and accept the terms and conditions stipulated below.

Product information

Perenio takes great care when putting information on-line with respect to the essential characteristics of our products, notably with respect to the technical descriptions emanating from our partners and suppliers and the photographs illustrating the products.

Warranty and After-Sales Service Procedures

The majority of the products have a warranty offered directly by the respective manufacturers. Please consult appropriate leaflet or warranty card enclosed with the product to find about the terms and conditions of the manufacturer’s warranty and nearest service center. In addition, our authorized service centers in the countries where we deliver to are there to help.

 

Legal guarantees

Independently of the manufacturer’s warranty provided with products, all products offered to you come with a legal guarantee concerning product conformity and latent defects, as outlined in the consumer protection legislation applicable in the country of delivery of your product.

Accounts, Passwords and Security

Certain features or services offered on or through the e-Shop may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Any personal information or billing information that you provide to Perenio will be used and retained in accordance with Perenio’s Privacy Policy. The Privacy Policy forms part of these Terms and Conditions.

Subscriptions

The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the mobile app Perenio Smart: Building Management System. We will notify you if the price of a Paid Subscription increases and if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.

Privacy Policy

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy.

Additionally, by using this site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to Perenio may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Governing law

These Terms and Conditions are governed by the laws of Cyprus, regardless of conflict of laws principles.

A court may find that some of the provisions of this contract are not enforceable. If this occurs, the remaining provisions of the contract will continue to apply. Perenio will replace the affected provisions with new provisions that achieve the intended purpose but that are capable of being enforced in your country.

You and Perenio consent to the exclusive jurisdiction of courts of Limassol, Cyprus for all disputes arising out of or relating to this contract. If you make a claim under your contract with Perenio, as set out in these Terms and Conditions, you must do so within one year of the date when the cause of action arises. If you do not do so, your claim will be barred.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL PERENIO OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND ("LOSS") ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE GUARDIAN SITE, INCLUDING (WITHOUT LIMITATION):

1. DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS;

2. ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR

3. ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE GUARDIAN SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION APPLIES EVEN IF PERENIO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, PERENIO'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING PERENIO'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

Moreover, the Client shall hereby acknowledge and agree that the Products and the Mobile Application of the Company (including any future software and hardware of the Company being developed or sold under license or otherwise) are not intended for emergency responses and cannot be used as fire-extinguishing equipment and/or for emergency intervention, including but not limited to fires, flooding, gas leaks or explosions, burglary and theft, as well as natural disasters and other force majeure circumstances leading to damage and/or losses incurred by the Client or caused to their estates, personal property and/or other products, devices, personal data and privacy.

Intellectual Property

The Site and its original content, features, and functionality are owned by Perenio IoT spol s r.o. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Application

The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable EU laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

  1. Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
  2. Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
  3. Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

All content and services on or available through the Application are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion, in respect of the Application or its content.
To the maximum extent permitted by law, Perenio excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

  1. Any material and/or information in the Application.
  2. The performance and availability of the Application.
  3. The loss, damage, corruption or degradation of any data or other material as a result of the use of the Application.

We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not Perenio, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

Perenio will only use your personal information in accordance with the terms of our privacy policy. By using the App, you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms & Conditions.

The App may contain links to websites operated by third parties. Perenio may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, Perenio does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (the Material) is owned by or licensed to Perenio or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Perenio’s express permission.

The trademarks, service marks, and logos (Trade Marks) contained on or in the App are owned by Perenio or its group companies or third party partners of Perenio. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Perenio or the relevant group company or the relevant third party partner of Perenio.