Gazer App Terms & Conditions

Terms and Conditions

Last updated: October 12, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. Any use of the below definitions or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by You on any electronic device, named Gazer
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company,” “We,” “Us” or “Our” in this Agreement) refers to Gazer limited, 17 Hanover Square, London W1S 1BN, UK.
Device means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You acknowledge that You have read these Terms and Conditions, understood them, and agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. You will deny access to the Service to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors.

These Terms and Conditions contain a mandatory arbitration provision that as further set forth in section Disputes Resolution below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

You will need to create an account to access the Services, and it’s important that You keep your account accurate and up-to-date (particularly your phone number – if you ever forget your password, a working phone number is often the only way for us to verify your identity and help you log back in).

Your account may also automatically provide you access and means to use any new Services.

When You create an account with Us, You must provide Us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password and the Pin that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You are responsible for maintaining the confidentiality of any and all actions that take place while using your account and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from the unauthorized use of your username and password.

You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Notifications

You understand that the technical processing and transmission of the Service, including your notifications, commands and the location of your assets vehicles, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

License

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may access this from the Application for your own personal use, subject to restrictions set in these terms and conditions.

You must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, publish or otherwise make available the Services including but not limited to digital content, in whole or in part without the Company’s prior written consent.

Description of Service

The Service allows users to: (i) locate; (ii) control air conditioning of; (iii) close windows and doors of; (iv) receive notifications about vehicles that have been fitted with particular service compatible Gazer MultiClimate systems. Unless explicitly stated otherwise, any new features that augments or enhances the Service, including the release of new Gazer hardware, shall be subject to these Terms.

Your vehicle should be fully compatible with the Gazer MultiClimate systems to ensure the Service functions properly.

The Service in no way is a replacement for automobile insurance.

Devices & Equipment

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges). To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device.

In order to use the Service, You are solely responsible for obtaining one of the following models of Gazer MultiClimate systems: Gazer S5, Gazer S5p, Gazer S5 Pro, Gazer S5p Pro, Gazer S5 Pro MB which are compatible with the Application. The Service is not available if not connected to one of these MultiClimate systems.

When deemed necessary and/or at the Company’s discretion, We may update the firmware of your MultiClimate system, to ensure proper operation and/or to support added features.

Updates

From time to time and without prior notice to You, We may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to You, and Your use of the Services does not entitle You to the continued provision or availability of the Services. We may provide updates (including automatic updates) for certain Services as and when We see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of the Services may not properly operate if You do not install all Updates. You acknowledge and agree that the Services may not work properly if You do not allow such Updates, and You expressly consent to automatic Updates.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all the foregoing shall be limited to one hundred dollars ($100).

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

No advice or information, whether oral or written, obtained by you from the Company shall create any warranty not expressly stated in these Terms.

The Service may not be appropriate or satisfactory for You to use, and You should verify all information before relying on it. Any decisions made based on information contained in the Application, including information received through Your use of the Services, are Your sole responsibility.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other devices, equipments, software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects, including, but not limited to loss of data, delays, non-deliveries, errors, system downtime, misdeliveries, network or system outages, file corruption, or service interruptions, can or will be corrected.

No such event shall constitute a breach of this or any other contract on the part of the Company, even if caused by the negligence or gross negligence of the Company or any of its affiliates, employees, agents, licensors or subcontractors.

Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

End-User Terms Required by Apple

If you have downloaded the Application from the Apple, Inc. (“Apple”) App Store or if you are using the Application on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and the Company only, not with Apple, and Apple is not responsible for the Company and the content thereof. Apple 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, then you may notify Apple and Apple will refund any applicable purchase price for the Application to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Application and/or your possession and use of the Application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Application. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Governing Law

These Terms and Conditions and all matters arising out of or relating to these Terms and Conditions, for all purposes, shall be governed by and construed in accordance with the laws of England and Wales, without regard to any conflicts of laws principles that would require the laws of any other jurisdiction to apply. Any action or proceeding to enforce these Terms and Conditions shall be brought in any state or court located in England and Wales. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

Informal dispute resolution. You agree to participate in informal dispute resolution before filing a claim against the Company. Any complaints in relation to the Company and the Services provided should be addressed to the company by contacting feedback@gazer.com.

You should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgement to the e-mail address from which the complaint has been received. We will consider the complaint and respond to You within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, You or the Company may bring a formal claim.

Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between You and the Company, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You and the Company agrees that You and the Company are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.

You agree that any arbitration under this agreement will take place on an individual basis; class arbitration and class actions are not permitted, and You agree to give up the ability to participate in a class action.

You may opt out of this agreement to arbitrate by emailing feedback@gazer.com with Your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that You decline this arbitration agreement.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the courts of England and Wales. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England and Wales.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

You are entitled to delete your account with Us by contacting our Support Team. If You choose to delete Your account permanently, the non-public Personal Data that we have associated with Your account will also be deleted.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. Accordingly, You should review these Terms from time to time. If a revision is material, We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Miscellaneous

No person other than You shall have any rights under this agreement.

These Terms and the rights granted herein are personal to You, and may not be assigned. The Company may transfer or assign these Terms or Services, in whole or in part, to third parties of our choosing.

If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable, then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

If you require supplemental information about these Terms and Conditions, You can contact us:

By email: feedback@gazer.com

By visiting this page on our website: gazer.com

By mail: Gazer limited, 17 Hanover Square, London W1S 1BN, UK