Additional Terms and Conditions for the Breezie Service
Additional Terms and Conditions for the Breezie Service
These additional terms and conditions (Terms) apply to the WightFibre Breezie service (WightFibre Breezie).
We may amend these Terms from time to time
These Terms, and any Contract between us, are only in the English language.
1. How we use your personal information
We only use your personal information in accordance with our Privacy Policy. Please take the time to read these, as they include important terms which apply to you
2. How the contract is formed between you and us
2.1 The sale of a WightFibre Breezie to you is subject to availability. If we are unable to supply you with a WightFibre Breezie, for example because the WightFibre Breezie is not in stock or no longer available or because of an error in the price on our website as referred to in clause 8, we will inform you of this by e-mail or telephone and you will have the option to either wait until a WightFibre Breezie is available or cancel your order. If you have already paid for the WightFibre Breezie and you cancel your order, we will refund you the full amount as soon as possible.
2.2 The images of the WightFibre Breezie on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the WightFibre Breezie.
3. changing your mind and returns
3.1 If on receipt of a WightFibre Breezie, you are not happy and wish to change your mind and get a refund, we may offer you a refund provided you return the WightFibre Breezie to us in accordance with this clause 5.
The WightFibre Breezie remains the property of WightFibre Limited and must be returned to WightFibre upon termination of contract
3.2 The WightFibre Breezie may be used in different modes, namely “normal mode” or “Breezie mode.” We recommend that the WightFibre Breezie is used in “Breezie mode.” We do not accept any responsibility for and give no warranties in respect of the functioning of the hardware or operating system if the WightFibre Breezie is not used in “Breezie mode.”
4. Our liability
4.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
4.2 We only supply the WightFibre Breezie for domestic and private use. You agree not to use the WightFibre Breezie for any commercial, business or re-sale purposes (excluding demo purposes as agreed to by us) and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.3 Please note that you will require an internet connection in order to be able to use the WightFibre Breezie and any of the Applications installed on the WightFibre Breezie. We are not liable for any problems relating to your failure to have an adequate connection.
4.4 We do not in any way exclude or limit our liability for:
4.4.1 death or personal injury caused by our negligence;
4.4.2 fraud or fraudulent misrepresentation;
4.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
4.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
4.4.5 defective products under the Consumer Protection Act 1987.
Additional Terms and Conditions for the Set-Up of the Breezie Service
1. Definitions
1.1 In these Terms & Conditions, we use the word “User” to refer to the person for whom the Breezie has been bought and set up and configured (which may or may not be you) and we use the word “Sponsor” to refer to a person who purchases a Breezie for a User and/or sets up or configures a Breezie for a User.
2. SETTING UP A BREEZIE
2.1 If you are setting up a Breezie for yourself or on behalf of someone acting as their Sponsor, we will require you to choose a password in order to be able to complete the set up process and to access and use the Family and Friends Hub. You will be responsible for the safe keeping of this password and you should not disclose it to any other person.
2.2 If you are setting up a Breezie for yourself or on behalf of someone acting as their Sponsor, we will allocate you a Twilio phone number which we will use for security and recovery purposes. You should keep a record of this number as you may be asked to provide it from time to time to enable you to use the Breezie and access certain Apps. Please note that these numbers are pre-allocated and you will not be able to choose your own.
2.3 If you are setting up a Breezie for yourself as User and wish another person to assist with the set up of a Breezie for you or to make modifications to the Breezie at a later stage, they should register as a Sponsor on the Website or in the Family and Friends Hub. Further details regarding Sponsors and the terms they must agree to, is set out in paragraph 3 below.
2.4 As part of your registration on the Website, you will be required to provide us with certain personal details relating to you and certain personal details relating to the User where you are acting as a Sponsor. These personal details will be used by us in accordance with the terms of our Privacy Policy.
2.5 The Breezie uses Facebook, Google and Skype for sharing photos, sending emails and making calls. We can either set up these services for the User or, if the User has existing accounts, we can connect to these.
2.6 If you wish us to connect to existing accounts, we will require you to provide us with the User’s username and password details for each of these accounts. We will keep these details secure and will only use these details in order to make the existing accounts available on the Breezie.
2.7 Please note that if the User has existing accounts with Facebook, Google and/or Skype but the User does not wish to provide us with his/her username and password details, we will be unable to set these existing accounts up on the Breezie. We will also be unable to create new accounts for the User as Facebook, Google and Skype do not permit the creation of multiple accounts for one person. You will therefore need to set up the User’s existing accounts on the Breezie yourself. If you require any assistance with this you can contact us via the Family and Friends Hub.
2.8 As part of the set up process, we will ask you some questions so that we can suggest some Apps based on the User’s interests. As part of the support that we provide via the Family and Friends Hub (and provided that you have paid the relevant support charges), you can request additional Apps to be installed on the Breezie at a later stage. If you request any particular Apps that we don’t currently offer, we will endeavour to obtain these Apps and to make them available on the Breezie but we cannot guarantee that we will be able to do so.
2.9 Please note that some charges may be payable for certain Apps but we will notify you of these charges prior to you incurring them.
2.10 Any Apps or services that you request that we install on the Breezie may have terms and conditions governing use of those services or Apps which we will be required to accept on the User’s behalf. You grant us express consent to install the Apps and create accounts for the services and to accept the relevant terms and conditions on the User’s behalf.
2.11 When we install Apps on the User’s behalf, we will be asked to provide a username and password. The User may choose their own username and password for this purpose, but the User will be responsible for the security of any usernames and passwords it provides to us. Certain Apps may have specific requirements as to the characters comprised in a username and/ or password with which we must comply. If the username and/ or password provided by the User is not acceptable to the App in question, we shall select alternative login details.
2.12 If you provide us with the details of any contacts to add to an address book, you confirm to us that you have the authority from the relevant contacts to provide us with their details.
3. ACTING AS A SPONSOR
PLEASE NOTE THAT THE TERMS OF THIS PARAGPAPH 3 WILL APPLY WHERE YOU ARE SETTING UP AND CONFIGURING A BREEZIE FOR ANOTHER PERSON.
3.1 If you wish to purchase a Breezie on behalf of another person and/or to set up and configure a Breezie for another person (whether now or in the future), you will be deemed to be a Sponsor for that User. As a Sponsor you accept the provisions of this paragraph 3 confirming that, amongst other things, you have the express authority of the User to pass that person’s details to us and to set up and configure a Breezie for that person.
3.2 As a Sponsor, you confirm that you have express authority from the User to:-
3.2.1 pass the contact details of the User (including name, email address and other personal details) to us that are required in order to set up the Breezie for the User;
3.2.2 configure the Breezie on behalf of the User which includes selecting options as to the Apps to be made available on the Breezie and options for the literacy level;
3.2.3 authorise us to set up accounts with Facebook, Google and Skype on behalf of and in the name of the User and to accept the relevant terms & conditions of Facebook, Google and Skype on behalf of the User;
3.2.4 provide us with any username and password details of existing accounts that the User has with Facebook, Google and Skype and that you submit to us or for new accounts;
3.2.5 authorise us to sign up to Apps chosen by you on behalf of the User and to pass the User’s contact details to the third party owners of the selected Apps;
3.2.6 authorise us to accept on behalf of the User the terms & conditions of the Apps selected by you to be installed on the Breezie;
3.2.7 make modifications to the Breezie on behalf of the User.
3.3 You agree to notify us immediately if you do not have any of the above authorities and/or if the User removes any of the above authorities at any time.
4. WIGHTFIBRE SETTING UP YOUR BREEZIE
PLEASE NOTE THAT THE TERMS OF THIS PARAGPAPH 3 WILL APPLY WHERE WIGHTFIBRE ARE SETTING UP AND CONFIGURING A BREEZIE THE USER
4.1 If you purchase a Breezie on behalf of another person and ask WightFibre to set up and configure a Breezie for the User (whether now or in the future), you will be deemed to be a Sponsor for that User. As a Sponsor you accept the provisions of this paragraph 3 confirming that, amongst other things, you have the express authority of the User to pass that person’s details to WightFibre so that WightFibre can set up and configure a Breezie for that person.
4.2 As a Sponsor, you confirm that you have express authority from the User to:-
4.2.1 pass the contact details of the User (including name, email address and other personal details) to WightFibre that are required in order to set up the Breezie for the User;
4.2.2 authorise WightFibre to set up accounts with Facebook, Google and Skype on behalf of and in the name of the User and to accept the relevant terms & conditions of Facebook, Google and Skype on behalf of the User;
4.2.3 provide WightFibre with any username and password details of existing accounts that the User has with Facebook, Google and Skype and that you submit to us or for new accounts;
4.2.4 authorise WightFibre to sign up to Apps chosen by you on behalf of the User and to pass the User’s contact details to the third party owners of the selected Apps;
4.2.5 authorise WightFibre to accept on behalf of the User the terms & conditions of the Apps selected by you to be installed on the Breezie;
4.2.6 make modifications to the Breezie on behalf of the User.
4.3 You agree to notify us immediately if you do not have any of the above authorities and/or if the User removes any of the above authorities at any time.
