PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE.
1. THESE TERMS
1.1 These are the terms and conditions, together with any documents referred to herein (“Terms”), on which we supply our products and they govern your use of our website (“Website”).
1.2 In these Terms, “we/us/our” shall mean G.T.P. Computrain Ltd and “you/your” shall mean the customer.
1.3 Our Websites can be found www.my360watch.com owned by G.T.P. Computrain Ltd whose details are given below (“Website”).
1.4 We recommend that you please read these Terms before using our Website as they affect your legal rights and liabilities, and furthermore, the basis upon which we will supply our products to you (“Products”), whether you continue to use the Website as either a registered user or a guest. By using the Website, you accept these Terms and agree to adhere to these at all times.
1.5 Please read these terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms please contact us to discuss.
2. READ OUR PRIVACY POLICY
2.1 We take our responsibilities seriously and we therefore refer you to our Privacy Policy for information on our data practices including our use of Cookies. By using our Website or purchasing our Products, you agree that we may collect and use the information in accordance with our Privacy Policy to fulfil your Order. Privacy Policy
3. INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 We are G.T.P. Computrain Ltd, a company registered in Cyprus. Our company registration number is 143093 and Our registered office is at George Seferi 9, 6017 , Larnaca, Cyprus.
3.2 You can contact us by emailing our customer service team at support@my360watch.com
3.3 If we have to contact you we will do so by email.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4. OUR CONTRACT WITH YOU
4.1 Our Website will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review and amend it. Please ensure that you have checked your Order carefully before submitting it to us.
4.2 Orders shall be accepted at our sole discretion. Our acceptance of your Order will take place when you place an order on our Website www.my360watch.com and we email you to accept it, at which point a contract will come into existence between you and us (“Order”).
4.3 If we are unable to accept your Order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
4.4 If We accept your Order, we shall send you an order acknowledgment email confirming what Products you have agreed to buy, and we will assign an order number to your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
5. OUR PRODUCTS
5.1 Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only.
5.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
5.3 We cannot guarantee that our Products will always be available. Stock indications are provided on our Website.
5.4 Minor changes may, from time to time, be made to certain Products between your Order being placed and us processing that Order and dispatching, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Products and will not normally affect your use of them. However, if any change is made that would affect your use of the Products, suitable information will be provided to you by us.
5.5 We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
5.6 In the event that the price of the Products you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on our Website at the time of placing your Order.
5.7 All prices on our Website don’t include VAT which is added during checkout.
6. DELIVERY INFORMATION
6.1 Unless we specify otherwise or this is amended by you in the Order process, delivery dates shall be within 2-3 Business days from the date of the Order and is delivered at your nearest ACS Store in Cyprus for pickup. For store locations please visit: https://cyp.acscourier.net/en/store-locator
6.2 ACS Store representative will call you based on the information provided during checkout for pickup.
6.3 If you do not collect the Products from ASC store as arranged we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
6.4 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
6.5 The Product will be your responsibility from the time we deliver the Product to the address or the first attempted delivery date.
7. PRODUCT USE
7.1 You can download the relevant app and supporting software to enable the Product to work. Details on the full operation of the Product can be found on either our Website, or the instructions that are found in the box.
7.2 We shall accept no responsibility or liability for any third party provider that we engage to enable us to provide the Service to you in support of the Product.
8. EXCHANGE AND RETURN POLICY
8.1 We hope you are completely happy with your Product but if you are not there is no need to worry. We will be pleased to exchange or have a Product returned to us at our discretion.
8.2 If what you have bought is faulty, misdescribed, the wrong order or you have simply changed your mind you may have a legal right to return the product by emailing our customer service team on support@my360watch.com. Product you may be able to get a refund if you contact us within 14 days of placement of your Order and once we have sent to you confirmation of the Order. Where payment has already been made, this will be refunded to you.
8.3 The Product must be returned in its original condition.
8.4 In all circumstances where you are returning the Product where you are exercising your right to change your mind you must pay the costs of return.
8.5 Please note that we are not responsible for any delays in the Product being returned to us.
8.6 We reserve the right on a case by case basis to refuse return and refund of the goods at our discretion. You do not have the right to change your mind, exchange or return Products where they have been used or damaged and each returned Product will be inspected on an individual basis. Returns should be in the original state, unused and in the original packaging.
8.7 We will refund you the price you paid for the Products by the method you used for payment. However, we may make deductions from the price. Deductions from refunds will be made on the price you paid for the Product to reflect any reduction in the value of the Product if this has been caused by your handling of the Product or the value of the Product has been reduced.
8.8 We reserve the right to withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 7 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided and or suggest replacements.
8.13 You may cancel any Order where we have failed to comply with these Terms (except where we have been subject to a Force Majeure event or any event out of our control) and you do not have to make any payment to us in these circumstances.
9. PRICE AND PAYMENT AND PERSONAL INFORMATION
9.1 The price of the Product will be the price indicated on the order pages when you placed your Order. All prices stated are in EURO.
9.2 We do not take any financial information from you when you purchase your Products with us. For this reason, we use the services of a secure third party payment provider which you will be notified of when you place your Order who will receive all financial information from you.
9.3 All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with our Privacy Policy.
9.4 We will use the personal information you provide us with to:
a. supply the Products to you
b. process your payment for the Products
c. inform you of marketing promotions, new Products and updates.
9.5 We will collect all details on the purchase of a Product with a subscription arrangement to a sim card and upload accordingly. These details including names, addresses and contact details are held securely and in accordance with our Privacy Policy.
10. OUR LIABILITY TO YOU
1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2. We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
3. Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
4. Nothing in these Terms seeks to exclude or limit your legal rights as a consumer.
11. MISCELLANEOUS
11.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
11.2 Nobody else has any rights under this contract. This contract is between you and us.
11.3 If a court finds part of this contract illegal, the rest will continue in force. Each of these paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist Immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Cyprus. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Products designs, the techniques used, the logo are the property of us or our service providers.
12.2 You are not allowed to use the name, logo, etc. of us in its communications or other work, unless we have provided written consent to this.
13. SOFTWARE
13.1 You acknowledge that the Product not only contains hardware but also software necessary for the operation of the watch. This software is installed on a mobile device which controls the watch and which communicates with us. This software may be updated, adapted and replaced.
13.2 This software is owned by us or third parties, and is subject to copyright, may contain valuable trade secrets, and is protected by patents and other intellectual property rights. A license is granted to you, by us, as the end user, to use this software solely for the purpose of using the Product and no more.
13.3 You acknowledge and agree that you will not duplicate, decompile, reproduce or modify the software or its form, or create derivative works from or otherwise modify the software, other than as is required for the normal use of the watch.
14. DISCLAIMER
14.1 Please note that this Product is not a safety device and as with any GPS or mobile phone, the accuracy of information shown on the tracking depends on a number of factors including but not limited to:
• the quality of the connection between the Product and the GPS satellites and the connection with the mobile phone network
• bad weather
• tall buildings
• the Product being indoors
• poor signal/reception areas
• the watch being turned off/taken off
14.2 Such factors can result in information being lost, delayed or unavailable. The Product does not guarantee the safety of your child and is not a safety device and we make no warranties in respect of this. The Product provides a guide as to location but not a guaranteed location. The Product must not be used as a substitute for appropriate child supervision.
14.3 We are not liable for any loss or damage caused by the tracking information on the Product being unavailable or inaccurate.