For this document, the terms below have the meanings are given below (references in the singular also include references in the plural):
Article 1. General provisions
1.1. General information
This document describes the general terms and conditions applicable to the services of Jane provided by NV JANE, with registered office at Rogierplein 11 in 1210 Brussels, registered with the CBE (VAT) under the number BE0699693959, hereinafter referred to as 'Jane'.
By using Jane's services, the Client is deemed to have accepted these terms and conditions and undertakes to comply with them throughout the relationship.
1.2. Object of the agreement
Jane provides the Jane services to the Client.
In this regard, these are the Connected Items sold with the Services:
The Connected Objects operate over an Internet connection not provided by Jane. The location that the Customer chooses for the installation of the Connected Objects must therefore have an internet connection.
The Connected Items are given to the customer in a complete kit with a user manual and useful information. Nevertheless, it is reminded that the Connected Items do not in any way replace human surveillance. It is not a surveillance system, but a support system that has not been developed for children, people with disabilities, animals, or a situation where human supervision is necessary to prevent harm.
1.3. Optional call center for emergencies
An emergency call center service is linked to the alarm buttons if the Customer has activated this service. When the Relevant Person presses an emergency button and the Customer has activated the emergency call center plan, a procedure (in the form of an emergency ticket) is started on the emergency call center side.
In summary, Jane's call center will first attempt to contact the Relevant Person by phone after receiving a notification that an alarm button has been activated.
-If he/she manages to contact the Relevant Person, he/she will be able to validate whether it is a real emergency;
-If it is not a real emergency, the ticket will be closed;
-If it is a real emergency, the call center (in consultation with the Relevant Person) can contact the emergency services. He/she will then also contact the Customer and the Users (next of kin or family members);
-If the call center does not know how to contact the Affected Person or if the call center cannot reach the Affected Person or if there was a real emergency, it will contact the Customer and Users. Several attempts will be made to contact the Customer and Users;
-If the call center is successful in contacting a Customer or User, the call center will report the situation and the actions taken. After that, the call center will close the ticket;
- If the call center cannot reach the Customer or Users, the ticket will be closed;
- At the end of a ticket, the Customer and all Users will automatically receive a short message via SMS & a more detailed message by email, containing information about any emergency situation and the steps that may have been taken.
Article 2. Commencement and duration of the agreement
The agreement commences upon acceptance of these general terms and conditions, which must be submitted by the Customer no later than the purchase of the Connected Items, the installation of the Connected Items, the creation of an account via the Application, and the payment of the first monthly installment by the Customer. to take place. The agreement is concluded for an indefinite period.
In the event of an online purchase (on Jane's website) of the Connected Items when registering for the Services, these items will be delivered within 10 to 15 working days on the order form provided by the Customer on the Jane website given address. The General Terms and Conditions applicable to the purchase of the Connected Objects via the Jane website can be found on our website. When the Connected Items are sold at a point of sale or through an external online purchasing platform, they are either taken by the customer or supplied with the kit containing them.
Article 3. Price
The customer agrees to purchase the Connected items for a single amount (including VAT) specified on Jane's price list, which is also available on Jane's website.
The customer also agrees to subscribe to the Jane Services for a monthly fee (including VAT) which is stated in the price list and in the subscription form. The customer agrees to pay the monthly fee for the Jane Services through the payment methods offered by the application on either the Google Play Store or the Apple App Store.
The customer agrees to exclusively use the payment methods mentioned above, unless a written agreement between parties explicitly states otherwise.
Article 4. Retention of title
Jane remains the owner of the Linked Items until the day of full payment of principal and / or interest (s) and / or lump sum (s). All risks of loss and damage to the Linked Objects pass to the Customer upon receipt of them.
Article 5. Guarantee for the consumer (conformity guarantee)
Connected Items purchased by the customer for private use are covered by a two (2) year legal warranty. If the Connected Objects are used for non-private purposes, this legal warranty does not apply.
Jane warrants that the Connected Items will meet the Customer's order and normal expectations that the Customer may have, taking into account the specifications of the Connected Items and the instructions in the user manual. In the event of any failure or malfunctioning of the Connected Items, the Customer undertakes to notify Jane immediately.
Jane makes every effort to ensure that, within the limits of available supplies, the necessary replacement is carried out as quickly as possible. Jane alone determines the appropriate technical means to perform this replacement. In the event that the repair or replacement of the Connected Items is disproportionate or impossible, or cannot be performed within a reasonable time, the Customer has the right to terminate the agreement.
If the discovery of a defect or malfunction takes place more than six months after the delivery of the Connected Items, the consumer-Customer is obliged to demonstrate the existence of the lack of conformity at the time of delivery.
Defects or damage due to misuse, such as water damage, oxidation, falling or impact, negligence, improper maintenance, use contrary to the instructions in the manual, as well as wear and tear, are not covered by the warranty.
Repairs by third parties other than Jane will void the warranty if the repair is related to this defect.
For more information, please refer to the instructions for use provided with the Connected Objects.
Article 6. Liability
6.1. Force of the majority
In the event of shortcomings under this agreement, the liability of the parties cannot be invoked if these shortcomings are caused by force majeure such as the termination or interruption of the internet connection or the radio frequency connection between the hub and the Connected Objects.
Customer is obligated to use the Connected Items with due diligence in accordance with Jane's guidelines.
Despite all of Jane's efforts, the perfect functioning and performance of the Connected Items cannot be guaranteed as they depend on the technological evolution of the moment. The Linked Objects in no way replace human supervision of the Relevant Person. It is not a surveillance system and these Connected Items are in no way appropriate for children, people with disabilities, animals, or any other situation that requires human supervision to prevent harm and for which Jane declines any responsibility.
In the event of a malfunction of the Connected Objects battery, Jane will do everything to notify the Customer of the (very) low battery level and ask to replace the battery. The Customer must purchase a new battery (standard type 'AA') that he can install in the device himself, following the instructions in the Application and on Jane's website. Likewise, if one of the installed Detectors is no longer Connected to the Hub, the Customer must simply follow the instructions communicated to him to reconnect the Detector and ensure its operation again. If those instructions are not followed, Jane cannot be held responsible for any harm or damage caused by a faulty connection.
Jane is responsible for the proper functioning of its Services provided that the Connected Items and Hub have been properly installed by the Client or the Person concerned and that an internet connection is available. The obligations that Jane takes on are “obligation of means”. The radio frequency link between the Hub and the Connected Items assumes that the Customer is following the instructions given and places the Connected Items at a distance close to the Hub as specified in the instructions provided to the Customer when purchasing the Connected Items. Jane is not liable for the failure or malfunctioning of this radio frequency connection as a result of not following the instructions given or not respecting the maximum distance between the Connected Objects and the Hub. Jane also accepts no liability for any suspension or interruption of the Customer's internet connection.
To the extent permitted by law, it is noted that:
1) Jane's liability can only be invoked in the event of fraud or grave error on the part of Jane. In that case, his liability is limited to the repair of the predictable, direct, personal and certain damage incurred by the Customer.
2) If Jane is held liable, this liability for any damage is always limited to a maximum amount equal to 18 monthly payments under the Jane subscription subscribed by the Customer.
3) Jane does not assume any liability for indirect or immaterial damage or for damage such as interruption of the activity and lost or damaged data.
Article 7. Intellectual property
All intellectual property rights in Jane's services, their content, such as the software, images and data, are and will remain Jane's property. Customer may not make the product available to third parties, nor sell, rent, decompile, reverse engineer or modify it in any other way.
Article 8. Personal data
The Customer acknowledges that he has read and agreed to the content of the privacy charter that can be found on the Jane website.
Article 9. Cancellation
9.1 Cancellation without reason
Each party can terminate the agreement without compensation, provided it takes into account a notice period of 10 working days, either by e-mail to the address email@example.com or by registered letter. The notice period starts on the day after the registered letter was sent. The period starts on the day itself if the cancellation was done by e-mail.
Canceling the agreement means that the Application can no longer be used by the Customer.
9.2 Cancellation for any reason
If one of the parties grossly breaches or fails to do anything about any of its obligations under this Agreement within 30 days of being given written notice, the other Party may terminate the Agreement with immediate effect. So without notice, and without judicial intervention, provided that written notice is given to the other party.
Article 10. Validity
If any of the provisions of this Agreement are held invalid, illegal or inapplicable by any competent judicial authority, then those provisions will be construed in accordance with applicable laws to best reflect the parties' initial intentions. The remaining part of those provisions, as well as all other provisions of the agreement, remain applicable.
Article 11. Communication
The parties agree that any communication between them to be valid must be in writing, either by email or by post, to the following addresses:
For Jane NV : Jane NV, Place Karel Rogier 11, 1210 Brussels, firstname.lastname@example.org
For the Customer / User: the e-mail address or postal address that he has provided on the contact form on Jane's website or in the Application.
Article 12. Distance contract
In the case of a distance contract, the Customer can withdraw within a period of 14 calendar days without having to motivate his decision. That period starts to run on the calendar day of receipt of the Connected Items by the Customer or upon receipt in his name. During that period, the Customer takes the necessary care of the Connected objects and for the packaging.
To exercise his right of withdrawal, the Client must notify Jane in writing (by letter or email) of his decision. If the Customer exercises his right of withdrawal, he will ship the product at his expense to Jane with all accessories supplied, in its original condition and in the original packaging. The amounts paid by the Client will be refunded as soon as possible, no later than 30 calendar days from the receipt of the Connected Items in good condition by Jane. If not, Jane reserves the right to charge the costs of damage to the Client.
Article 13. Applicable law and competent courts
This agreement is subject to Belgian law. In the event of a dispute, the parties will make the necessary efforts to reach an amicable settlement. If an amicable settlement is not reached, the disputes must be submitted to the competent courts of Brussels (the official language is Dutch), to the extent that the legislation allows this.
We will always publish the revision date so that you can clearly find when the last version of these General Terms and Conditions of the Jane services will apply. We will also proactively inform you of any significant changes to these Terms and Conditions.
Last update 10.10.2020