Avanquest SA
89/91 Boulevard National – Immeuble Vision Défense
92250 LA GARENNE COLOMBES
France

General Terms and Conditions for Online Sales ("Terms and Conditions")

Last Update: 11.05.2015

For consumers only:

For the sale of Equipment alone: you have the right to notify to Avanquest that you withdraw from the purchase, without penalties and without giving any reason, within fourteen (14) calendar days from the day following the delivery of the Equipment, using the form available here: https://www.ioteo.com/gb/withdrawal-form

For the provision of Optional Paid Service alone: you have the right to notify to Avanquest that you withdraw from the purchase, without penalties and without giving any reason, within fourteen (14) calendar days from the day following the conclusion of the Optional Paid Services Contract, unless you activate the Optional Paid Services within this period, in which case you will no longer have the right to withdraw from the purchase, using the form available here : https://www.ioteo.com/gb/withdrawal-form

For the sale of Equipment and the provision of Optional Paid Services together: you have the right to notify to Avanquest that you withdraw from the purchase, without penalties and without giving any reason, within fourteen (14) calendar days from the day following the delivery of the Equipment or the conclusion of the Optional Paid Services Contract, whichever is the latest. You can exercise this right, using the form available here: https://www.ioteo.com/gb/withdrawal-form

Please read these Terms and Conditions and our Privacy Policy ( https://www.ioteo.com/gb/privacy-policy ) carefully before placing an order on our Website. By ticking "I accept the Terms and Conditions" when placing an Order on our Websites, you confirm that you have received in a durable format, read and unreservedly accept our Terms and Conditions and Privacy Policy.


Such acceptance and agreement shall be deemed to be effective and in writing, as if you had signed these Terms and Conditions and our Privacy Policy by hand, and shall be deemed to satisfy the written form requirement and other requirements under any applicable law, regardless of the fact that these Terms and Conditions are submitted and accepted electronically. Our records of your acceptance of these Terms and Conditions and our Privacy Policy, their date, and of all future amendments thereto, shall be regarded as conclusive and written proof of your consent. The parties waive all evidentiary and/or other requirements as to the performance of their contract other than those set forth herein.

1. Scope of these Terms and Conditions


These Terms and Conditions ("Terms and Conditions") constitute a legal agreement between you, either an individual or legal entity, and Avanquest SA, whose registered office is at 89/91 Boulevard National - Immeuble Vision Défense, 92250 LA GARENNE COLOMBES, France.
These Terms and Conditions govern all orders for Avanquest's Equipment and/or Services that you place on the microapp.com website, on the specific section www.ioteo.com of the ioteo.com Website, on the specific section avanquest.com of the avanquest.com Website, or on the specific section smart.avanquest.com/fr of the Smart.avanquest.com Website, and your subsequent Contract with Avanquest. You accept that our Privacy Policy may also include additional contractual provisions regarding the operation of the Equipment and/or Services, which form an integral part of these Terms and Conditions and of our Contract.
The applicability of all other terms or provisions, for example additional provisions indicated by you upon ordering Equipment or Services, is hereby expressly excluded, regardless of whether or not we have expressly rejected any such other terms or provisions.
Avanquest is entitled to amend these Terms and Conditions from time to time. Any amendments to these Terms and Conditions will only become applicable to Orders placed on or after the date of amendment.
You should print or save a copy of these Terms and Conditions on your hard drive when you have decided to place an Order on our Websites. As mentioned below, once the order process is completed, we will send you an email confirming receipt of your order and summarising its details. This email does not constitute our acceptance of your Order.
When you buy a bundle of equipment and services (a "Bundle"), you acknowledge and agree that our Contract as two subject matters, i.e.:

  • i. the purchase and delivery of Equipment, which are subject to these Terms and Conditions (excluding Article 7 which only applies to Services), the Special Conditions set out in Section 6, and all legal provisions applicable to this type of contract, to the extent that this Contract does not validly derogate therefrom; and<
  • ii. the purchase and delivery of Services, which are subject to these Terms and Conditions (excluding Section 6 which only applies to the purchase of Equipment), the Special Conditions set out in Section 7, and all legal provisions applicable to this type of contract, to the extent that this Contract does not validly derogate therefrom.

2. Definitions and interpretation

  • "Buyer" (or "you") means the individual or legal entity buying Avanquest Equipment in accordance with these Terms and Conditions;
  • "Bundle" means the combination of Equipment and a Service Contract relating to the Equipment grouped in a single offer, as available in the online store in the specific section www.ioteo.com of Avaquest's ioteo.com Website.
  • "Content" means any video or audio content recorded by the User's Equipment and transmitted and stored within the framework of Avanquest's Optional Paid Services;
  • "Contract" means the contract concluded between you and Avanquest and integrating these Terms and Conditions and Avanquest's Privacy Policy, after acceptance of your Order by Avanquest as indicated in Section 4 of these Terms and Conditions;
  • "IT System" means all IT systems, routers, switches and servers, and all software used by Avanquest to provide the Services;
  • "Documentation" means the user manuals and other technical documents made available by Avanquest to the Buyer/User for the Equipment and/or Services in the form of an electronic online help file or in hard copy;
  • "Equipment" means the physical equipment, i.e. IP cameras, other related equipment, accessories or parts that the Buyer buys from Avanquest to be used with the Services; any software component embodied in the Equipment is licensed to you and not sold; the Buyer understands and agrees that such Equipment may be useless if purchased without to the use of Avanquest Services; the Buyer understands and agrees that some features require the purchase of Avanquest's Optional Paid Services;
  • "Intellectual Property Rights" means all patents, inventions, registered designs, design rights, trademarks, service marks, authors rights, copyrights, associated and related rights, database rights, trade names and business names, know-how, trade secrets, confidential information, models, drawings, software, proprietary marketing materials, and any other intellectual or industrial property rights in all their economic and moral aspects, and any application for this purpose, in the entire world (whether registrable, patentable or not);
  • "Avanquest" ("we", "us" or "our") means Avanquest SA, whose registered office is at 89/91 Boulevard National - Immeuble Vision Défense 92250 LA GARENNE COLOMBES, France;
  • "Order" means an order for the purchase of Equipment, Services or both (Bundle) on the online sales sites of the Avanquest group or of its authorised distributors, in accordance with these Terms and Conditions;
  • "Order Confirmation" means the order confirmation email we send to you indicating acceptance of your Order;
  • "Services" means the services provided by Avanquest to the User that consist in a hosted Video as a Service ("Vaas"), including the recording, encryption, transmission and storage of images and sound recorded by the User's Equipment in an encrypted manner on remote servers in a cloud computing environment ("Content"), and a retrieval system and software, allowing the User to access Content remotely from anywhere via an internet connection, including any updates that may be provided from time to time by Avanquest, and all related written Documentation. Some features such as recording, storage, notification of some information, require the purchase of Avanquest's Optional Paid Services.
  • "User" (or "you") means the individual or legal entity purchasing and using Avanquest's Services in accordance with these Terms and Conditions;
  • "Our Websites" means Avanquest's websites: www.ioteo.com, smart.avanquest.com, avanquest.com and microapp.com; it being specified that these Websites comprise sections specific to certain countries.

The titles of the Sections and paragraphs of these Terms and Conditions are provided for information purposes only, and shall not affect the interpretation thereof.


3. Placing an Order on our Websites

To be able to place orders for Equipment or Services on our Websites, you must meet the following conditions:

  • You have communicated your name and address, telephone number, email address, payment details and other required information;
  • You are at least 18 years old and you are not a minor under any legislation relating to the status of persons;
  • If you pay using a payment card, you must be the owner or authorised holder of a valid credit card to purchase Equipment and Services; and
  • You have accepted these Terms and Conditions and our Privacy Policy.

If you create a personal account, you must also register a personal user name (e.g. your email address) and a password. You must protect your password and not disclose it to anyone. You will be held responsible for all purchases and other activities carried out using your user name and password.

You can place an Order on our web sites in different languages, depending on the local section of the Website you select. You can place an Order in French in the specific section for France, in English in the specific section for the United Kingdom, in German in the specific section for Germany. The procedure (technical steps to follow) for placing an Order on our Websites and to identify and correct any errors before placing your Order is as follows:

  1. Go to the specific section of the Website corresponding to the country where you have your habitual residence and where the Equipment/Services will be delivered;
  2. Choose and click on the Equipment and on any Optional Paid Services you wish to buy;
  3. Indicate the quantity of Equipment, Services or Equipment/Optional Paid Services you wish to buy;
  4. Click on the "Confirm my order and pay" button to access the Order summary, which will allow you to correct any errors, complete your billing and delivery information and agree to these Terms and Conditions;
  5. Check your Order Summary;
  6. Review and Click to download and accept our Terms and Conditions; you can only click on the button "Confirm my order and pay" if you have agreed to our Terms and Conditions;
  7. Choose a payment method; and
  8. Make the payment.
  9. If the payment is authorised, your Order will be processed as described in Section 4 below.

4.Processing of the Order

Orders placed via our Websites are not binding on Avanquest. They only become binding for Avanquest once your Order is accepted by us. We reserve the right to reject any Order.

After receipt of your Order, we will send an email confirming receipt of your Order and indicating your order number and details of the Equipment, Services or Equipment/Services Bundles ordered. This acknowledgement does not mean that your Order is accepted by us and does not constitute our acceptance of your Order. Your order will only be considered accepted by us and the Contract will only be concluded between us from the time when we ship the Equipment or activate your subscription to the Services covered by your Order. If you have placed your order via our Websites, we will send you an Order Confirmation email when we ship the Equipment and/or when we activate your subscription to the Services covered by your Order, to confirm that we have accepted your Order. The Contract between you and us incorporating these Terms and Conditions and our Privacy Policy is concluded when we send you this Order Confirmation email.

Your Order will be processed upon receipt of payment.


We reserve the right to reject or cancel any Order and/or terminate or dissolve any Contract immediately and as of right, for the following reasons in particular:

  • absence of actual payment in due time or within a reasonable time after the Order is placed;
  • if we have reason to believe that you will not fulfil your payment obligations concerning the Order;
  • a technical or pricing error occurred on our Websites when the Order was placed;
  • the Equipment ordered is not available, in which case we will inform you by email;
  • the billing or payment information is incorrect or cannot be checked; or
  • our security systems indicate that the order is abnormal or may be fraudulent.

In addition, we reserve the right to limit our acceptance of your Order to a commercially reasonable amount and reject orders for quantities that we believe (at our sole discretion) to be unreasonable.

If we reject or cancel an Order for any of the reasons indicated above, to the extent applicable, we will refund any payments made in relation to the rejected or cancelled Order.

Your Contract with us will be electronically archived by Avanquest for the duration of our contractual relationship.

5.Prices, Deliveries and processing fees

Unless stated otherwise, prices indicated on our Websites include VAT. Prices apply only to Orders placed via our Websites. Although we have constructed our Websites with care, descriptions of Equipment and Services, and prices, may contain errors. Any errors will be corrected as quickly as possible and shall not be binding on us.

Separate costs for the delivery of Equipment and processing and applicable taxes will be indicated when you place your Order.

We reserve the right to change the price of our Equipment and Services on our Website at any time, without prior notice. Changes to the prices of Equipment and Services will not affect your Order once we have accepted it and send you an Order Confirmation email.

If we find an error in the prices of Equipment or Services you have ordered, we will inform you as soon as possible by email or telephone and will offer you the choice of either reconfirming your Order at the correct price or cancelling your Order. If you cancel your Order, we will refund or re-credit any sum you have paid.

6. Specific Terms and Conditions applicable to the purchase of Equipment

6.1.Information relating to Equipment

You understand and acknowledge that the Equipment is specifically designed for use in combination with the Services. The Equipment is not designed to be used independently of the Services; it is not fit and will not function for any other purpose or use. Equipment is supplied with the relevant Documentation. You are responsible for installing the Equipment in accordance with the relevant Documentation. Avanquest's obligations in respect of the delivery of Equipment and provision of Services do not include the installation of the Equipment.

6.2.Delivery

Unless otherwise agreed in writing between you and Avanquest, the purchased Equipment will be delivered to the delivery address specified in your Order.

Avanquest does not guarantee that the Equipment is immediately available in stock. If the ordered Equipment is immediately available in our stock, we will make our best efforts to deliver the Equipment within 3 working days (depending on the official calendar in force in the country of shipping and receipt) from acceptance of your Order. If the Equipment is not immediately available in our stock and we need more than 15 working days to arrange delivery of this Equipment, we will notify you without delay.

We will try to deliver the Equipment on time. However, Events can occur that prevent us from delivering the Equipment on time and meeting the specified delivery deadline (including, without limitation, situations in which we ourselves are not supplied by our suppliers for any reason).

6.3.Risk - Title

Risk of loss or damage to the Equipment will be transferred to you on delivery as mentioned above, and you will be responsible for insuring the Equipment once the risks have been transferred.

If delivery is delayed due to any act, omission or request on your part, or if, after you have received notice that the Equipment is ready for delivery, you fail to take delivery or provide adequate delivery instructions, Avanquest will be allowed to place the Equipment in a storage facility, delivery shall be deemed completed and the risks will be transferred to you.

The Equipment will remain the property of Avanquest until full and final payment of the price of the Equipment, including all related costs and late interest.

To enable Avanquest to exercise its right of recovery, the User shall ensure that the Equipment subject to retention of title remains at all times identifiable as the property of Avanquest.


7. Specific Terms and Conditions applicable to the Service

7.1.Electricity supply and Internet connection

You are responsible for the electricity supply needed to operate the Equipment, and to connect the Services.

You are also responsible for the Equipment's Internet connection. The quality of our Services depends on the connection of the Equipment to the network, and the required bandwidth for the Equipment (e.g. the Internet connection speed and number/type of IP cameras). You must provide a sufficient and stable bandwidth and Equipment support to be able to use our Services.

As the quality of the Internet connection largely depends on your individual network equipment and Internet Service Providers (ISPs), and due to the fact that our Services largely depend on your Internet connection, you are responsible for your Internet connection, and Avanquest cannot be held liable for any damage caused by the interruption of your Internet connection.

7.2. Accounts and passwords

You must create a personal account to be able to access and use the Services. You must keep your password secure as you are solely responsible and liable for any activity that occurs under your name and account. An encryption key is associated with your account. If you lose your password, the associated encryption key will also be lost. To once more be able to access your Content stored on Avanquest's IT System, you will be able to generate a new password if you so request.

You must provide accurate and up-to-date information when you register for the Services, in particular your name, address and email address, and keep your contact information accordingly. As Avanquest's announcements are sent by email, you undertake to check your emails regularly.

In case of breach of this condition, Avanquest reserves the right to terminate or cancel your user account, without compensation.

7.3.Use of Services

You represent and warrant to Avanquest that: (i) you are of legal age to enter into a legally binding contract; (ii) all information you submit upon registration is accurate and truthful; and (iii) you will maintain the accuracy of this information. You also certify that you are legally entitled to use and access the Services and accept all responsibility regarding the access and use of the Services in accordance with applicable legislation.

You are solely responsible and you assume full liability for any consequences of your use of the Equipment, Services and/or Content and/or the total or partial assignment thereof to any person using the Services or Equipment, whether or not they are authorised to do so. You must ensure that your use of the Services, Equipment and Content complies at all times with the applicable legislation.

In particular, you are responsible for compliance with all requirements and obligations applicable to the processing, storing and deletion of Content (in particular audio and/or video recordings), including any legal requirement applicable to camera-surveillance systems. These legal requirements and obligations may vary depending on the jurisdiction where you are established, the place where the Equipment is installed and the purposes for which you use such Equipment and our Services (e.g., for purely domestic purposes or for other purposes). For an overview of the main obligations applicable to the protection of personal data and surveillance cameras in France, please refer to the legal aspects of video surveillance.

You agree and undertake to hold harmless, defend and indemnify Avanquest and its directors, officers, employees, contractors, and agents from and against all claims, proceedings, damages, expenses, costs and losses (including, without limitation, loss of profit, loss of opportunity, loss of business, loss of data and loss of goodwill, as well as all third party claims) (collectively “Claims”) arising out of, in connection with or otherwise in relation to your use of the Equipment, Services and/or Content, or any use thereof by any third party, including, but not limited to any recipient of such Content, as well as for any other breach of these Terms and Conditions.

The Services are made available to you or to your company, solely for personal or commercial use, which must comply with all applicable laws, rules and regulations and may not infringe or violate the rights of third parties (including Intellectual Property Rights and rights relating to the protection of privacy). In particular, you may not use the Services (i) for the purposes of sending or storing infringing, obscene, threatening, defamatory, abusive, or otherwise illegal, objectionable or unlawful content, including content harmful to children or which violates third party rights, including rights relating to the protection of privacy, (ii) for the purposes of sending or storing any material that contains software viruses, worms, Trojans, or other computer code, file, script, agent or harmful program, or (iii) for offensive, aggressive or illegal purposes.

We reserve the right to suspend or terminate the Services immediately if, at our sole discretion, we have reason to believe or find that Services have been used in any unauthorised manner whatsoever.

Any unauthorised use of any Equipment, Service or IT System owned or supplied by Avanquest constitutes a breach of these Terms and Conditions, and, as the case may be, of the applicable law. The unauthorised user may be subject to civil and criminal penalties due to these violations.

7.4.Licence grant

Subject to these Terms and Conditions, Avanquest hereby grants you a non-exclusive, non-transferable, non-sublicensable and non-assignable licence to use and operate all software programs or other Intellectual Property Rights embedded in the Equipment or Services, for use through your web browser on your computers, tablets, smartphones or other personal devices using a web browser, for the sole purpose of accessing and using the Services in accordance with the Documentation, these Terms and Conditions and any other instructions provided from time to time by Avanquest.

The Equipment and Services, their structure, method of delivery, organisation, source code, object code, and Documentation contain trade secrets and other confidential information of Avanquest and its licensors, and you therefore agree not to (and not to allow third parties to): (1) licence or sub-licence, lease, sell, resell, rent, transfer or distribute the Services to a third party; (2) modify, adapt, translate, or prepare derivative works of the Services; (3) decompile, reverse engineer, disassemble, or attempt in any other way to extract any code from the Services, except to the extent where this cannot be excluded under applicable laws; (4) interfere with or affect the integrity of the Services or Content in any way whatsoever; (5) attempt to gain unauthorised access to services or IT networks and related networks; (6) remove, conceal or alter any trademark, copyright/copyright, or other mention of the proprietary rights of Avanquest or third parties affixed to, contained in, accessible in conjunction with or through the Services.

7.5.Changes to the Services

Avanquest reserves the right to make changes, modifications, and improvements to the Services at any time and to discontinue the provision of Services or any part thereof at its sole discretion and without notice.

Avanquest will use commercially reasonable efforts to notify you of any modification, suspension or discontinuance of the Services either by sending an email to the email address you provided upon registering, or by posting a prominent announcement on the Services.

7.6.Installation of Services

Avanquest does not offer installation services. If you perform the installation yourself or use the services of independent resellers or installers, Avanquest may in no case be held responsible for these installations or services.

The installation of the Services does not include the services, hardware, installation, configuration or wiring associated with the User's Internet connection, for which he is solely responsible.

8. Right of withdrawal

If you are a consumer, you have the right to withdraw from the purchase of the Equipment and Optional Paid Services, without penalty and without giving any reason, in accordance with the legislation applicable to distance contracts. In accordance with the legislation in force, your right of withdrawal does not, however, apply to products manufactured according to your specifications, or that have been significantly customised. Any decision to cancel the purchase of Equipment must be notified to us within fourteen (14) calendar days from the day after the delivery of the Equipment using the form available here. Any decision to cancel the purchase of Optional Paid Services must be notified to us within fourteen (14) calendar days from the day after the conclusion of the Service Contract using the standard form available here. However, if you enable an Optional Paid Service before the end of this period, you will no longer be entitled to withdraw from the purchase. Any decision to withdraw from the purchase of Bundled Equipment and Services must be notified to us within fourteen (14) calendar days from the day after the delivery of the Equipment or the conclusion of the Service Contract, whichever is the later. To do so, you can use the form available here. Withdrawal notifications can be made by sending a letter to the address indicated in the aforementioned withdrawal form. Except as otherwise provided by applicable law, you shall bear the cost of returning Equipment to Avanquest. In all cases, we only approve return requests - and they will only be admissible - if the Equipment has not been used in any way (other than as reasonably required to examine and/or test the Equipment) and is returned in its original packaging (as far as reasonably possible). You have an obligation to ensure, for the entire period during which you are in possession of the Equipment, that it is kept safe, secure and in good condition.

9. Warranties

9.1.Mutual warranties

Each party represents and warrants that it has the legal authority to enter into this Contract, incorporating these Terms and Conditions and Avanquest's Privacy Policy.

9.2. Warranty applicable to Equipment

9.2.1. Avanquest's commercial warranty

Avanquest warrants that the Equipment will perform substantially in accordance with the relevant Documentation provided by Avanquest for a period of 2 years. If you are a consumer, this warranty applies without prejudice to the statutory warranty for consumer goods, as well as the statutory warranty in respect of latent defects, such as described below.

If the Equipment fails to operate in accordance with this warranty, you must notify Avanquest of this fact without delay, before the end of the 2-year warranty period, or in the year following the discovery (whichever period is longer). Avanquest's sole obligation, and your sole remedy in case of breach of this warranty is limited, at the sole discretion of Avanquest, to either (a) the repair or free replacement of the faulty Equipment, or (b) when repair does not appear commercially feasible, as determined by Avanquest, the full or partial refund of amounts paid for the Equipment.

9.2.2. Consumer statutory warranties

If you are a consumer, the above is without prejudice to your statutory rights under applicable law.

Provisions on legal warranties applicable to the French consumer

Article L.211-4 of the French Consumer Code: "The seller is obliged to deliver goods which comply with the contract and is liable for any lack of conformity which may exist upon delivery. It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for this under the terms of the contract or it has been carried out under its responsibility.

Article L.211-5 of the French Consumer Code: "To conform to the contract, the product must:
1° Be fit for the purpose usually associated with such a product and, if applicable:


- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L.211-12 of the French Consumer Code:"Legal action based on lack of conformity lapses two years after the delivery of the good.

Article 1641 of the French Civil Code: "The seller is bound by a warranty on account of the hidden defects of the good which renders it unfit for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have purchased it, or would have offered a lower price for it, if they had been known to him.

Article 1648 1° of the French Civil Code: "Legal action arising out of redhibitory defects shall be taken by the buyer within a period of two years from the discovery of the defect. In the case provided for in Article L.142.1, the action must be brought, under penalty of foreclosure, in the year following the date on which the seller may be discharged for any apparent defects or lack of conformity."

9.3.Warranty applicable to Services

Avanquest warrants (i) that it owns and holds the rights necessary to grant the User the right to use the Services in accordance with these Terms and Conditions, and (ii) that the Services will be provided in a professional manner and with competence, in accordance with generally accepted standards in the sector. Within the framework of the Services, and subject to these Terms and Conditions, including the payment of all applicable fees, Avanquest will use commercially reasonable efforts to (i) ensure that the Services are accessible via normal network connections, with the exception of necessary downtime for maintenance or in case of failure; (ii) maintain the security of the Services, in particular by implementing a Content encryption system, both during transmission and storage on Avanquest's IT System; and (iii) provide support services by email or Chat during normal office hours for any reasonable question concerning the Equipment or Services.

9.4.Warranty disclaimer

The warranties described above are dependent on the proper use, treatment and storage of the equipment and/or Services in accordance with the Documentation and are void in cases where the Equipment and/or Services have been subjected to unusual stress or misuse of any kind, in cases where changes of any kind have been made to the Equipment or Service by any party not authorised by Avanquest, including the unauthorised installation of software or hardware on the Equipment and/or Services.

The warranties described above depend on the proper availability of the Internet connection and servers. You are solely responsible for providing and maintaining the Internet connection needed to operate the Equipment and Services in accordance with the Documentation supplied by Avanquest. Avanquest does not guarantee an uninterrupted or error-free operation of the Equipment and Services, or of any other computer device, network, server, or other systems or services.

Except for the express warranties set out herein, the Services and Equipment (and any third party software and services embedded therein) are provided "as is" without any warranty of any kind. Avanquest and such third parties expressly disclaim, to the fullest extent permitted by applicable law, all express, implied or statutory warranties, including, but not limited to, warranties for latent defects, warranties of merchantability, fitness for a particular purpose, title and non-infringement of intellectual property rights, and all warranties regarding the security, reliability, quality and performance of the Services and Equipment, and third party software or services.

You understand and agree that you use the Equipment and Services, as well as any third party software or services made available in conjunction with or through the Services and/or Equipment, at your sole discretion and at your own risk, and that you will be solely responsible for any damage caused to your computer system or loss of data that results from the download or use of the Equipment and/or Services and of third-party software and services.

The above is without prejudice to your statutory rights as a consumer under applicable law.

10. Limitation of liability

To the fullest extent permitted by applicable law, Avanquest, its directors, employees, suppliers, dealers, partners, or their respective affiliates shall not, under any circumstances, be liable for any indirect, special, incidental or consequential damage (including loss of profit, loss of savings, loss of revenue, loss of data or third party claims) arising out of or in connection with the Services or Equipment, whether based on a claim (including latent defects), contract, tort (including negligence and gross negligence, to the extent permitted by applicable law) or otherwise, even if Avanquest has been advised of the possibility of such damages.

Notwithstanding the above, the total aggregate liability of Avanquest, its directors, employees, suppliers, dealers, partners, or their respective affiliates arising out of or in connection with this Contract shall not exceed 250 €. The above limitations of liability shall apply whether the damage arises from the use or misuse of the Service or Equipment or their reliability, the inability to use the Service or Equipment, or the interruption, suspension or termination of the Service.

No provision of this Article, of these Terms and Conditions or of any contract between you and Avanquest excludes or limits its liability in case of fraud, or for any other liability to the extent that it cannot be excluded or limited under applicable law.

The limitation of liability contained in this Article 10 shall apply without prejudice to your statutory rights as a consumer under applicable law.

The Services are not intended for use in connection with nuclear, aviation, transportation or medical applications that could result in death, personal injury, major damage or mass destruction, and the beneficiary of the licence agrees that the licensor will incur no liability of any nature whatsoever as a result of any use of the Services.

11. Payment

We accept most means of payment by card, including Maestro, Visa, Visa Debit and Master Card. Payments must be made in the currency specified in the Order before it is submitted.

If you pay by credit or bank card, you must provide your card details when you place an Order. Your payment card will be debited for the total value of your Order when it is received by us. We will not accept your Order, or provide any Equipment or activate your subscription and access to Services until the issuer of the credit card or bank card has authorised the use of your card to pay the Equipment and/or Services ordered. If we do not receive such authorisation, we will notify you. We reserve the right to verify the identity of the credit card or bank card holder by requesting appropriate documentation.

We take all reasonable precautions to prevent fraud and make our Website secure. We use the SSL128 bits (Secure Socket Layer) encryption standard, currently one of the most widely used and reliable standards on the Internet. Your credit card number is encrypted. We do not sell your banking information; it is deleted once your order is complete. Please note that we may, at any time and at our sole discretion, restrict shipping to some countries or places where we believe there is a high risk of fraud.

We will send the Equipment to the shipping address specified in your Order Confirmation, and provide you with information on access to the Service by email to the address you provided when placing your Order.

12. Consent to the collection and processing of Personal Data and non-personally identifiable data

By providing us with your Personal Data, for example, when placing an Order, registering for the Services, or using the Services, you consent to the collection and processing of your Personal Data, and of your non-personally identifiable data, for the purposes and in the manner described in Avanquest's Privacy Policy, which forms an integral part of these Terms and Conditions.

When you capture or manipulate data through the Services, you agree that we, along with our service providers, may copy and store this data within the framework of the Services, for a reasonable period in accordance with the requirements of applicable law.

13. Intellectual Property

You acknowledge that Avanquest or third parties hold all rights, titles and interest in the Intellectual Property rights incorporated in the Equipment and Services, or portions thereof, software or content provided through or in conjunction with the Equipment and Services. Except for the limited licence granted under these Terms and Conditions, all Intellectual Property Rights in or on the Equipment and Services are reserved, and Avanquest grants no implied licence.

14. Term and Termination

14.1.Term of the Service Contract

The initial term of the Service Contract between you and Avanquest is defined in the Service Order Confirmation email sent by Avanquest, according to the type of Services or Bundle you have ordered. Following this initial period, the Service Contract will automatically end, unless you re-order one of the Services made available to you on our Website.

14.2.Termination

Without prejudice to Sections 14.2.1. and 14.2.2. below, each party will be entitled to terminate the Service Contract, without prior judicial review, in case of breach by one of the parties of its obligations under these Terms and Conditions, which is not remedied within 30 days of receiving notice of such breach and of the obligation to remedy it by the other party.

Each part will be entitled, as of right and without prior judicial recourse, upon simple written notice to the other party, to terminate these Terms and Conditions, immediately vis-à-vis the other party, if such party:

14.2.1. commits a serious or persistent breach of any of its obligations under these Terms and Conditions and, when such breach can be remedied, fails to correct such breach within 30 days of receiving notice to do so; or

14.2.2. has an administrator or receiver (including any court-appointed administrator or manager) appointed over all or part of its assets, or an order handed down or decision adopted for its liquidation (otherwise than for a bona fide scheme of solvent amalgamation or restructuring) or when circumstances arise which authorise the Court or a creditor to appoint a receiver or manager or which authorise the Court to appoint an administrator or hand down a winding-up order, or when the other party has entered into a composition with its creditors, or if an event similar or analogous to any of the events listed in this Article 14 occurs.

15. Force Majeure

Notwithstanding any contrary provision in these Terms and Conditions, Avanquest will not be liable for any loss or damage you may suffer due, directly or indirectly, to the fact that the delivery of Equipment or the provision of Services by Avanquest is prevented, hindered, delayed or rendered more difficult economically, because of circumstances or events beyond the reasonable control of Avanquest, including (but not limited to) in case of war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of equipment or machinery, fire, flood, storm, interruption of telecommunications or electronic storage systems, or restrictions or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable raw materials, including fuel and electricity ("Force Majeure Event").

Avanquest's obligations under these Terms and Conditions will be suspended for the duration of the Force Majeure Event. If the Force Majeure Event continues for a continuous period of more than 120 days, you will be entitled to send written notice to Avanquest for the termination of the Service Contract. Force Majeure Events shall not excuse payment obligations.

16. Links to other websites

Use of our Websites is subject to the Terms of Use of our Websites: https://www.ioteo.com/gb/terms-of-use

Our Website or Services may provide links to other websites for your convenience and information. These websites operate independently from us. To the extent the websites you visit are not owned or controlled by us, we are not responsible for the content, use or practices of these websites.

17. Miscellaneous provisions

You acknowledge and agree that the Equipment and Services subject to these Terms and Conditions may be subject to export controls. You agree to comply with all applicable export laws and regulations. You assume sole responsibility for obtaining any necessary export approvals and/or licences, as well as all for all related costs, and shall assume all liability in case of violation of any applicable export law or regulation. If you are located in a country subject to embargo by the European Union or the United States government, you are not authorised to buy the Equipment or to use the Services.

The fact that Avanquest does not exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, unless acknowledged and agreed in writing by Avanquest.

If, for any reason, any provision or portion or these Terms and Conditions is held invalid, illegal or unenforceable, the parties will then be released from all rights and obligations under such provision, but only to the extent that such provision is recognised invalid, illegal or unenforceable, and provided that such provision is amended to the extent necessary to make it valid, legal and enforceable, while preserving the intent of the parties. All other provisions of these Terms and Conditions will be considered fully valid and enforceable, unless proved otherwise.

You may not assign or transfer your rights and obligations under these Terms and Conditions to any third party without the prior written consent of Avanquest. Avanquest may, at any time, assign, transfer, subcontract or treat in any other way, all or part of its rights and obligations under this Contract, provided that such transfer or assignment does not deprive consumers of their rights .

All notices and claims in connection with your contract with Avanquest must be made in writing to the attention of our customer service, whose contact details are provided below.

Your contract with Avanquest, including these Terms and Conditions, shall be governed by and construed in accordance with French law. Any dispute arising out of or related to your Contract with Avanquest, these Terms and Conditions, or the Services or Equipment, shall be subject to the exclusive jurisdiction of French courts.

18. Disclaimer

The Equipment is not a device designed for the medical supervision of a person or animal. This is not a safety device. The use of the Equipment to monitor children does not replace the responsibility of those in charge of the minor(s) or their vigilance. Human presence in the vicinity of the child remains necessary.

Make sure you use the Equipment in accordance with the instructions in the product description to avoid overheating.

19. Contact

If you have questions or remarks concerning Avanquest's Equipment or Services, or for any claim concerning the Equipment or Service, please contact our customer service at:

Avanquest SA
Attn: Customer Service
89/91 Boulevard National – Immeuble Vision Défense
92250 LA GARENNE COLOMBES
France
Email: support@ioteo.com