Last updated: 17/6/2024
The following Terms of Use (the “Terms“) stipulate the agreement between you, the user using our Website and Systems as defined below, and Bzigo Ltd. and its affiliated entities (“Company” or “Us“, “We” etc.) concerning your use of our website www.bzigo.com including any of the subdomains thereof (the “Websites“), and our pest detection, protection alerting and prevention solutions (the “Product(s)“), mobile application (the “Application“) and related operational, support and customer services (the “Services“). The Product, Application and Services shall be referred to herein collectively as the “System”).
1. The Websites and System are owned and operated by the Company.
2. The System is provided solely for your own personal use on your premises. By purchasing and/or installing and/or accessing and/or using our System or any part thereof, you signify that you agree to these Terms. Your use of the System is expressly conditioned on your compliance with these terms. If you do not agree to any of the provisions of the Terms you should not purchase it, and otherwise refrain from or immediately stop using the System.
3. Customer Data. Through the use of the System, we shall receive, and process personal data you provide us or collected by us during your use of the System. Our Privacy Notice available at Bzigo Privacy Notice Page provides the disclosures on how we use and process personal information, is incorporated into these Terms and is an integral part of these Terms. Purchase, installation, access or use of the System and Websites means that you have read and understood our Privacy Notice and our practices described therein.
4. THE SERVICES
4.1. Note that by pairing the Product to your mobile device, we may provide the Service by sending push-notifications and messages, emails, or alerts via various means of communication. You may deactivate the push-notifications at any time by changing the notification settings on your mobile device.
4.2. Installation and Maintenance. Our Product is ready for use once proper installation and pairing is complete. Please follow carefully the installation instructions accompanying the Product. To operate the Product please consult the user manual and guide in the Product’s box or on the mobile application. In order to minimize technical problems, follow installation and operation instructions carefully.
4.3. You must read our Product inserts and documentation accompanying the Products (“Product Documentation“) for further information on proper handling, maintenance and operation as well as safety instructions before installing and/or using our Products, and it is your responsibility to use the Products according to those instructions, which are crucial for your enjoyment of your Product and for ensuring safety.
5. PAYMENT
5.1. The Product may be purchased by users either (i) directly through our Website, or (ii) through third party vendors, in accordance with their purchase and payment terms. These Terms apply regardless of where you have purchased the Product.
5.2. We conduct any and all purchases on our Website through third-party payment processors (e.g. PayPal) (the “Payment Processor”). Purchases will be subject to the terms, conditions and privacy policies of the applicable Payment Processors. We are not responsible for any error by the Payment Processor. Any taxes applicable to you with regard to transactions made in accordance with these Terms and according to applicable law will be borne by you exclusively.
6. RETURN AND REFUND POLICY. If you are dissatisfied with the Product for any reason you may return it to the Company within 30 calendar days subject to the conditions detailed in our Bzigo Returns, Refund, and Exchange Policy. Please note that shipping and handling fees are nonrefundable.
7. PRODUCT WARRANTY. As may be applicable, we will provide repair or replacement services to address a defect in the materials or workmanship of the Product. For more details, please view our warranty page.
8. USER RESTRICTIONS. You agree that your use of the System shall be in compliance with all applicable laws, regulations and guidelines. The following restrictions shall apply to your use of the System. You may not (a) interfere with or disrupt the integrity, performance or operation of the Website, System or any part thereof, including any servers or networks provided by Third Party Service Providers; (b) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the System; (c) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the System or any portion thereof, or any material that is subject to our proprietary rights, including without limitation for commercial purpose, and shall not simulate or derive any source code or algorithms from the System or use any of the foregoing (d) use the System or any part thereof (including, without limitation the laser components of the Product) for purposes other than the original purpose intended by the Company (e) copy, transfer, assign, rent, resell, distribute, or otherwise commercialize the System (or any part thereof, or any software underlying the System) ;
9. “CLASS 1” LASER AND RESTRICTIONS. For its functionality, the Product uses eye safe “class 1” laser which is safe for use under all conditions of normal use. Therefore, it is strictly forbidden to: (a) look directly into the beam projected by the Product and adults must prevent children from doing so; (b) disassemble and/or attach to the product and/or try to alter a Product in any way for any purpose, including for altering laser’s power and/or output; (c) view the laser projected by the product with any magnifying appliances.
10. ELIGIBILITY. You may not use the Service or the Product and may not accept these Terms if (a) you are less than legal age to form a binding contract in the territory where you reside (or at least 18 years old, if such legal age in your territory is lower).
11. PROPRIETARY RIGHTS.
11.1. Company retains sole and exclusive ownership of all rights, title and interests in the System and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the System and the technology related thereto as well as any and all trademarks, service marks, product names, and trade names related to the System, Website or Company . This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter.
11.2. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on or through the Service without the owner’s prior written consent.
12. THIRD PARTY WEBSITES. The Website or Application may contain links to or be linked from other websites or pages which are not maintained by the Company. Links to third party websites are provided for your convenience and information only. Third party websites are not under Company’s control and Company is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Website or the reference from third party’s website or pages to our Website or Application does not imply Company’s endorsement of the third-party website, content, or the offerings included therein, nor that Company is affiliated with the third party website’s owners or sponsors.
13. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, resources or advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We recommend that you be aware when you leave the Website or Application and read the terms and conditions and privacy policy of each website that you visit.
14. Warnings; Disclaimers and Warranty limitations.
14.1. THE SYSTEM IS INTENDED TO PROVIDE MEANS TO DETECT AND/OR ELIMINATE MOSQUITOS (DEPENDING ON THE PRODUCT CHOSEN) IN A HOUSHOLD FOR INDOORS USE (THE “Purpose of Use“); IT IS NOT INTENDED FOR OUTDOOR USE, AND NO WARRANTY IS GIVEN THAT THE USE OF THE PRODUCT WILL RESULT IN THE EXTERMINATION OF THE MOSQUITO EACH TIME.
14.2. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR (1)ANY USE BY YOU OF THE SYSTEM FOR ANY PURPOSE OTHER THAN THE DEFINED PURPOSE OF USE, (2)ANY BREACH BY YOU OF SECTION 11 “CLASS 1 LASER AND RESTRICTOINS”;(3) ANY USE OF THE SYSTEM IN BREACH OF THE USER RESTRICTIONS SET FORTH IN SECTION 8 HEREINABOVE OR NOT IN ACCORDANCE WITH THE PRODUCT DOCUMENTATION AS SET FORTH IN SECTION 4.3 ABOVE; (4)ACTS OR OMISSIONS BY YOU FOLLOWING ANY ALERT PROVIDED BY THE SYSTEM; INCLUDING WITHOUT LIMITATION ANY KIND OF PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) AS A RESULT OF SUCH ACTIONS OR OMISSIONS.
14.3. THE PERFORMANCE OF THE SYSTEM AND USE THEREOF MAY BE AFFECTED BY MULTIPLE EXTERNAL FACTORS THAT ARE NOT IN COMPANY’S CONTROL, INCLUDING WITHOUT LIMITATION, SIZE OF THE PREMISES WHERE THE PRODUCT IS USED ,THE LOCATION YOU ACTUALLY PLACE THE PRODUCTS, HOW YOU MAINTAN THE PRODUCT, ELECTRICITY OUTAGES,MOVEMENT IN THE ROOM AND THE LIGHTING (INCLUDING OTHER LIGHT SOURCES, SUCH AS WINDOWS AND LED LIGHTING)(THE “EXTERNAL FACTORS“).
14.4. IN ADDITION, FOR THE PROVISION OF OUR SERVICES WE UTILISE AND DEPEND ON VARIOUS THIRD-PARTY PROVIDERS AND SERVICES THAT ARE NOT IN COMPANY’S CONTROL INCLUDING WITHOUT LIMITATION, POWER/ELECTRICITY, CLOUD HOSTING SERVICES THAT HOST OUR SYSTEM, PAYMENT GATEWAY SERVICES, MESSAGING PLATFORMS, SHIPMENT AND LOGISTIC SERVICES (THE “THIRD-PARTY SERVICES“). INTERRUPTION AND/OR CESSATION IN THE PROVISION OF THIRD-PARTY SERVICES MIGHT, IN TURN, NEGATIVELY EFFECT THE PROVISION OF OUR SERVICES.
14.5. FURTHERMORE, THE PRODUCT IS BASED ON COMPUTER VISION TECHNOLOGY (AND AS SUCH IS AFFECTED BY MULTIPLE VARIABLES SUCH AS LIGHT, DISTANCE, OBSTACLES AND MORE) AS WELL AS ON ARTIFICIAL INTELLIGENCE TECHNOLOGY (WHICH GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING AND AI, MAY IN SOME SITUATIONS RESULT IN INCORRECT OUTPUT AND HENCE FAULTY RESULTS OF THE PRODUCT’S FUNCTION) (THE “UNDERLYING TECHNOLOGES“).
14.6. THE USE OF THE UNDERLYING TECHNOLGIES, THIRD-PARTY SERVICES AND THE EXTERNAL FACTORS, TOGETHER WITH THE COMPLEXITY OF OUR ALGORITHMS MAY RESULT IN TEMPORARY OR PERMANENT CESSATION IN PROVISION OF THE SERVICES, MALFUNCTIONS OF THE SYSTEM, INCLUDING WITHOUT LIMITATIONS, INACCURATE, ERRONEOUS OR FALSE ALERTS (INCLUDING FAULTY LACK THEREOF); THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES OR LOSSES THAT MAY OCCUR RESULTING THEREFROM.
14.7. IMPLIED WARRANTIES OF MERCHANTABILITY. THE DURATION OF IMPLIED WARRANTIES RELATED TO MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE OF USE SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION 7 HEREIANBOVE; THERAFTER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THESE WARRANTIES ARE FULLY DISCLAMED.
14.8. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 14.6 UNDER THE TERMS, THE WEBSITE, APPLICATION, SERVICES AND PRODUCT ARE PROVIDED ON AN “AS IS”, “AS AVAILBLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. COMPANY MAKES NO WARRANTY THAT THE SERVICE OR PRODUCT WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM ERRORS, VIRUSES, OR THAT DATA OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SYSTEM IS AT YOUR OWN DISCRETION AND SOLE RISK, INCLUDING, WITHOUT LIMITATION, RISKS RELATED TO ANY DAMAGES TO PROPERTY AND BODY INJURY INCLUDING DEATH.
15. LIMITATION OF LIABILITY
15.1. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF REVENUE OR REPUTATION AND THE LIKE). EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
15.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF NOTWITHSTANDING ANY OTHER LIMITATIONS OR DISCLAIMERS HEREUNDER WE ARE FOUND LIABLE TO YOU, IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GROSS CONSIDERATION ACTUALLY PAID BY YOU TO THE COMPANY FOR THE PRODUCT.
16. INDEMNITY. You agree to indemnify, defend, and hold harmless the Company and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from a third party claim against us based on the following cause or causes: (a) breach of these Terms by you; (b) any claim, loss or damage resulting from your faulty or negligent use or attempted use of (or inability to use) the System; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.
17. CHANGES TO SERVICES AND/OR CESATION OF SERVICES. Company reserves the right, at any time, to cease (permanently or temporarily) providing the Services (or any part thereof) to You or generally to other users with or without prior notice in case of ceasing to conduct its business or changing its line of business. In addition Company may cease providing the services to you immediately upon giving you notice if, in accordance with Company’s sole discretion, your use of the Services has been improper or has not been in accordance with these Terms.
18. CHANGES TO THE TERMS. These Terms may be subject to periodical revisions or amendments, from time to time with or without notice, at our sole discretion; we encourage you to review the Terms regularly. The last revision will be reflected in the “Last Updated” heading. Your continued use of our Website, Services and Product following any such amendments will be considered as your consent to the amended Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.
19. MISCELLANEOUS. These Terms constitute the entire agreement between the parties concerning the subject matter hereof. (The Service and Product shall be provided in accordance with, and these Terms shall be governed by, the laws of State of New York without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the city of New York shall have exclusive jurisdiction over all disputes between the parties related to these Terms. You and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or related to these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein without the express written consent of Company. Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms is found void and unenforceable, it will not affect the validity of the remainder of the Terms, which shall remain valid and enforceable according to its terms. The failure of Company to act with respect to a breach of these Terms by you or others shall not constitute a waiver and shall not limit Company’s rights with respect to such breach or any subsequent breaches.
Bzigo Ltd.
1207 Delaware Ave #2238, Wilmington DE 19806, US
+1-(786)-633-1810
****
