Terms and Conditions of Use
You have purchased a product from KIWIP TECHNOLOGIES SAS (the “KIWIP WATCH product”), for which we thank you.
Please ensure that you carefully read this contract and its appendices (the “Licence”) between you (the “User”) and KIWIP TECHNOLOGIES SAS, a simplified joint stock company with its registered office at 1 IMPASSE DES PAILLONS – 77700 – BAILLY ROMAINVILLIERS – MARNE LA VALLEE France (“KIWIP TECHNOLOGIES SAS”) before using your KIWIP WATCH product.
Use of the KIWIP TECHNOLOGIES SAS product, as well as downloading, updating and more generally any other use of KIWIP TECHNOLOGIES SAS Software, constitutes acceptance of the Licence by the User.
If the User refuses to accept the terms and conditions of the Licence, the User may not download and/or use, in any manner whatsoever, the KIWIP TECHNOLOGIES SAS Software and consequently may not use the KIWIP WATCH product and its services.
The provisions set forth under the present licence are stipulated without prejudice for the fundamental provisions of legalisation applicable to the User, notably in the domain of intellectual property and consumer law, and likely to lead to the entitlement for the User of specific rights, in particular within the European Union.
- THE LICENCE
KIWIP TECHNOLOGIES SAS grants the User a non-exclusive, non-transferable, revocable Licence to use the software integrated in the KIWIP WATCH Product and the related documents (and in particular, printed documentation or online resources pertaining to it) (hereinafter, collectively referred to as the “KIWIP TECHNOLOGIES SAS Software”), which allows the User to download and use KIWIP TECHNOLOGIES SAS Software, and, thereby, the KIWIP WATCH Product.
The Licence is granted for the legal duration of protection of copyright for strictly private use and in accordance with the terms and conditions set forth herein. Under no circumstances may KIWIP TECHNOLOGIES SAS Software be sold to the User.
- OWNERSHIP OF KIWIP TECHNOLOGIES SAS SOFTWARE
The Licence does not confer any right or title of ownership over the KIWIP TECHNOLOGIES SAS Software, which remains the sole and exclusive property of KIWIP TECHNOLOGIES SAS. It does not therefore lead to any transfer of intellectual property rights pertaining to KIWIP TECHNOLOGIES SAS Software to the User in any manner whatsoever.
The User hereby recognises that all rights pertaining to KIWIP TECHNOLOGIES SAS Software and its components (notably titles, IT codes, concepts, images, photographs, animations, videos, music and text which may potentially be incorporated into KIWIP TECHNOLOGIES SAS Software), as well as potential trademark, patent, design, model, the sui generis right on databases, copyright, expertise, commercial confidentiality and all pertaining requests are the sole and exclusive property of KIWIP TECHNOLOGIES SAS (or its transferors) and are protected by French regulations and/or other laws, treaties and international agreements pertaining to intellectual and industrial property.
- USE OF KIWIP TECHNOLOGIES SAS SOFTWARE
The User is authorised to use KIWIP TECHNOLOGIES SAS Software in accordance with the instructions provided therein. The Licence is granted solely for private use and not for commercial use.
In particular, it is not permitted, subject to any mandatory provisions of applicable law (and in particular Article L.122-6-1 of the French intellectual property code) and/or the authorisation of KIWIP TECHNOLOGIES SAS (of its transferors):
To make copies of KIWIP TECHNOLOGIES SAS Software (with the exception of a backup copy where this is required to preserve the use of the KIWIP WATCH Product and/or KIWIP TECHNOLOGIES SAS Software);
To use KIWIP TECHNOLOGIES SAS Software or any of its components commercially, in any format whatsoever (sale, transfer, rental, licence, leasing agreement, etc.);
To use the Software in any way contrary to public morals and/or the laws in force;
Usage that does not comply with the instructions provided or with the minimum recommended specifications;
To modify the KIWIP TECHNOLOGIES SAS Software or any of its constituent parts or create any derivative work;
To modify, render ineffective or remove the copy protection of KIWIP TECHNOLOGIES SAS Software and/or any of its constituent parts in whole or in part, and of any related digital rights management systems;
To have any potential bugs, errors and faults of the KIWIP TECHNOLOGIES SAS Software corrected by the User or any third party chosen by the User;
The make available or transfer the KIWIP TECHNOLOGIES SAS Software and/or any of its constituent parts, by any means, and in particular through an electronic communication network, such as, but not limited to, telephone, internet, set top box, connected television;
To decompile, reverse engineer and/or disassemble the KIWIP TECHNOLOGIES SAS Software, even for the purpose of rendering it interoperable.
The User may not transfer, sell, resell, sub-licence, rent and/or make available in any way whatsoever the KIWIP TECHNOLOGIES SAS Software that he has acquired by any means (including by download from an electronic communication network), nor any of its constituent parts, including, if applicable the activation code associate with the KIWEIP TECHNOLOGIES SAS Software).
- USE OF KIWIP TECHNOLOGIES SAS SOFTWARE AND THE KIWIP WATCH PRODUCT
The User understands, recognises and accepts that access to certain functions of the KIWIP TECHNOLOGIES SAS Software and, thereby, the KIWIP TECHNOLOGIES SAS Product, including its registration, require internet connectivity for which it is responsible. The User has sole and exclusive liability for payment of all third party fees pertaining to the internet connection, including subscription to an internet service provider or the connection fees from a mobile device.
The operation of KIWIP TECHNOLOGIES SAS Software and, thereby, the KIWIP TECHNOLOGIES SAS Product, may be interrupted, limited or restricted according to the capacities, bandwidth or technical restrictions related to internet connectivity and the internet service provider. The User understands, acknowledges and accepts that internet connectivity for KIWIP TECHNOLOGIES SAS Software and the KIWIP TECHNOLOGIES SAS Product is provided by third parties over which KIWIP TECHNOLOGIES SAS has no control and is governed by the respective terms and conditions of those third parties. The supply, quality, availability and security of internet connectivity, software and services are under the sole and exclusive liability of such third parties. In the same manner, the operation of KIWIP TECHNOLOGIES SAS Software and, consequently, the KIWIP TECHNOLOGIES SAS Product may be interrupted, limited or restricted in the event of maintenance of the KIWIP TECHNOLOGIES SAS Software, which the User hereby accepts.
Finally, the User acknowledges to have read and accepted the additional warnings which may exist in line with the KIWIP TECHNOLOGIES SAS Product concerned, the details of which can be found in Appendix 2.
KIWIP TECHNOLOGIES SAS has no obligation to provide the User with updates, upgrades and/or new versions (hereafter, the “Updates”) of the KIWIP TECHNOLOGIES SAS Software. Nonetheless, in the event that KIWIP TECHNOLOGIES SAS should make an Update available to the User, the latter must be in possession of a valid licence for the previous version in order to use the Update, which shall be provided under the conditions of the present Licence. Furthermore, the User acknowledges that KIWIP TECHNOLOGIES SAS reserves the right, whether or not progressively, to discontinue or limit the maintenance of former versions. The User hereby undertakes to download and use any Update made available in order to fully benefit from the guarantees offered by KIWIP TECHNOLOGIES SAS.
- EFFECTIVE DATE – TERMINATION OF THE LICENCE
The Licence shall enter into force as from the first use of the KIWIP TECHNOLOGIES SAS Software.
It shall be automatically terminated ipso jure by KIWIP TECHNOLOGIES SAS without prior notice in the event of a serious breach of any of the obligations or a breach of any of the essential obligations of the terms and conditions of the Licence by the User. It shall be automatically terminated ipso jure by the User, in the event of the destruction and/or uninstallation by the User of the KIWIP TECHNOLOGIES SAS Software and/or all of its constituent parts. It is hereby reiterated that termination of the Licence may render use of the KIWIP WATCH Product by the User impossible or not in accordance with the User’s wishes.
7.1 COMMERCIAL GUARANTEE
KIWIP TECHNOLOGIES SAS has used all of its expertise in software for connected products to produce this KIWIP TECHNOLOGIES SAS Software to guarantee the User entire satisfaction.
If however, within ninety (90) days of the date of purchase of the KIWIP WATCH Product, the KIWIP TECHNOLOGIES SAS Software should prove to be, under normal conditions of use, defective or non-compliant with the functional and technical characteristics described in the instructions provided, such that using the KIWIP TECHNOLOGIES SAS Product becomes impossible, KIWIP TECHNOLOGIES SAS agrees to replace the KIWIP TECHNOLOGIES SAS Software free of charge if it is available (or, if not, to reimburse the full cost of purchase), under the conditions defined hereafter.
So that the copy of the defective KIWIP TECHNOLOGIES SAS Software may be replaced (or, if applicable, so that the KIWIP WATCH Product can be reimbursed), the User must:
Contact the KIWIP TECHNOLOGIES SAS Technical Support Department. After briefly describing the fault with the KIWIP TECHNOLOGIES SAS Software, KIWIP TECHNOLOGIES SAS shall confirm if it may indeed indicate a fault.
If KIWIP TECHNOLOGIES SAS should make such confirmation, KIWIP TECHNOLOGIES SAS shall authorise the User to download, at no additional cost, a new copy of the KIWIP TECHNOLOGIES SAS Software (or, if necessary, shall reimburse the cost of purchase of the KIWIP TECHNOLOGIES SAS Product as quickly as possible, provided that the User fully complies with the conditions required under the KIWIP TECHNOLOGIES SAS After-sales service Charter).
KIWIP TECHNOLOGIES SAS reserves the right to terminate the activation code associated with the KIWIP TECHNOLOGIES SAS Software in the event that the latter should be returned by the User under the above conditions.
7.2 LEGAL GUARANTEES
Independently of the commercial guarantee granted above, the User is reminded that the seller of the KIWIP TECHNOLOGIES SAS Software remains liable for the applicable legal guarantees, and in particular, for Users residing in France, for lack of conformity of the item that is the subject of the contract and for any latent or hidden defects under the terms of article L.211-4 et seq. of the French Consumer Code and articles 1641 to 1649 of the French Civil Code respectively. Details of these guarantees are provided in Appendix 1.
It is reiterated that when acting under the legal guarantee of compliance, the User consumer:
(1) has a period of two years following issue of the item in which to act;
(2) may choose between repair or replacement of the item, subject to cost for which provision is made under article L. 211-9 of the French Consumer Code;
(3) is exempt from providing proof of the existence of any defect in conformity of the item within six months of delivery of the item. This deadline is increased to twenty four months from 18 March 2016, except for second-hand items.
(4) may decide to implement the guarantee against hidden defects for the sold item as defined under article 1641 of the French Civil Code and under this instance, may choose between termination of the sale or a reduction in the sales price in accordance with article 1644 of the French Civil Code.
It is also reminded that under the legal guarantee of conformity, the item is compliant with the contract:
(i) if it is fit for use in the manner usually expected of a similar product and, where applicable:
– if it corresponds to the description given by the seller and have the qualities described by the seller to the buyer in the form of a sample or model;
– if it has the qualities which a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in an advert or on the label;
(ii) or if it has the characteristics jointly defined by the parties or be fit for any specific use sought by the buyer, which is brought to the seller’s attention and accepted by the latter.
Lastly, it should be noted that the legal guarantee of conformity is applicable independently of the commercial guarantee above.
It is also reminded that the legal guarantee of conformity is applicable independently of the commercial guarantee that may be granted.
- GUARANTEE LIMITATION OF
The KIWIP TECHNOLOGIES SAS Software is provided “as is” and without any guarantee other than that stated in Article 7 of the Licence. In particular, KIWIP TECHNOLOGIES SAS does not guarantee the continuous operation of error-free operation of the KIWIP TECHNOLOGIES SAS Software and/or the correction of errors.
The User expressly acknowledges any Use of the KIWIP TECHNOLOGIES SAS Software which is not compliant with instructions for use, minimum recommended specifications, and in its latest updated version, is undertaken at its own risk and peril. Consequently, if the defect or non-compliance observed by the User is a result of this incorrect use, or from any case of force majeure, none of those guarantees for which provision is made under Article 7 of the Licence will be due by KIWIP TECHNOLOGIES SAS.
Within the limits imposed by applicable law, KIWIP TECHNOLOGIES SAS consequently rules out any guarantee pertaining to the trade value of KIWIP TECHNOLOGIES SAS Software, at the satisfaction of the User, its ability to respond to any particular use or to the lack of any counterfeit.
Finally, the User acknowledges to have read and understood the limitations of additional guarantee which may exist according to the KIWIP TECHNOLOGIES SAS Product concerned.
Under no circumstances whatsoever may KIWIP TECHNOLOGIES SAS be held liable for any direct, indirect, accidental, special, accessory or other prejudice resulting from (1) the use or impossibility of use of the KIWIP TECHNOLOGIES SAS Product, (2) the inadequate use or malfunction of the KIWIP TECHNOLOGIES SAS Product or any old and unsupported version, (3) the loss or alteration of any data or information, and/or (4) the loss of any revenue or business resulting from the possession or use of the KIWIP TECHNOLOGIES SAS Product, and this even if KIWIP TECHNOLOGIES SAS has been duly notified of the possibility of such prejudice.
KIWIP TECHNOLOGIES SAS in particular refuses all liability in the event of any use of the KIWIP TECHNOLOGIES SAS Product that is contrary to the precautions for use indicated in the instructions for use. The User is responsible for all costs associated with the repair and/or correction of the KIWIP TECHNOLOGIES SAS Product, as well as all risks connected to loss of profits, loss or alteration of data, errors, loss of commercial information or other resulting from possession of the KIWIP TECHNOLOGIES SAS Product or its use.
Finally, the User understands, recognises and accepts that KIWIP TECHNOLOGIES SAS Software is not designed or intended for any use other than with the KIWIP WATCH Product. The User understands and expressly accepts that any other hardware, software, content or set of data may be damaged by installation or use of the KIWIP TECHNOLOGIES SAS Software on any other product than the KIWIP TECHNOLOGIES SAS Product. KIWIP TECHNOLOGIES SAS, its affiliates and third party licence transferors cannot be held liable for such damage. KIWIP TECHNOLOGIES SAS, its affiliates and third party licence transferors cannot be held liable for such damage.
In all instances, the liability of KIWIP TECHNOLOGIES SAS may not exceed the purchase value of KIWIP TECHNOLOGIES SAS Software.
The User hereby acknowledges to have read and understood the additional limitations of guarantee which may exist according to the KIWIP TECHNOLOGIES SAS Product concerned. Details of this are provided in Appendix 2.
PERSONAL DATA – RESPECT OF PRIVACY
KIWIP TECHNOLOGIES SAS respects applicable legislation in terms of protection of personal data and privacy.
The User may be asked to send KIWIP TECHNOLOGIES SAS personal data (such as name, address, IP address, email address , location data or any other personal data as defined under Directive 95/46/EC) when registering or using KIWIP TECHNOLOGIES SAS Software and the KIWIP TECHNOLOGIES SAS Product.
KIWIP TECHNOLOGIES SAS only uses the User’s personal data for the sole and exclusive purposes of performing the functions expected of the KIWIP TECHNOLOGIES SAS Software, as well as for monitoring commercial relations with the User, for security purposes in accordance with applicable legislation and regulations, and to enable improvement and customisation of the products and services offered to the User and information sent to them. KIWIP TECHNOLOGIES SAS may also share this data with its external service providers in a form which does not allow the User to be personally identified, for all the purposes above.
By sending its personal data to KIWIP TECHNOLOGIES SAS, The User is authorising the latter to process and handle these for the aforementioned purposes. If this personal data is identified as being necessary for use of KIWIP TECHNOLOGIES SAS Software and the KIWIP TECHNOLOGIES SAS Product and the User refuses to communicate this data to KIWIP TECHNOLOGIES SAS or refuses that this data be handled in accordance with these terms and conditions, the KIWIP TECHNOLOGIES SAS Software and/or KIWIP TECHNOLOGIES SAS Product may not be used.
In accordance with the French Data Protection Act of 6 January 1978, the User has a right to access, question, correct and contest their personal data sent to KIWIP TECHNOLOGIES SAS. This right may be exercised by the User by writing to KIWIP TECHNOLOGIES SAS using the address appearing at the top of these terms and conditions, and by indicating their surname, forename, address or email address.
KIWIP TECHNOLOGIES SAS has declared processing of personal data for the use of the KIWIP TECHNOLOGIES SAS Product. CNIL FILE number: 2004688
APPLICABLE LAW – JURISDICTIONAL CLAUSE
The Licence is solely and exclusively subject to French law, with the exclusion of any rules of conflicting legal systems. In the event of any dispute concerning the formation, interpretation, performance, default in performance or termination of the Licence, the French courts holding jurisdictional competence shall hold sole and exclusive jurisdiction, even in the event of any emergency or multiple defendants. However, for any User residing in the European Union, where French law offers a lower degree of protection for consumers than that in the country of residence of the User, legislation concerning consumer protection in the country of residence of the User shall prevail.
APPENDIX 1: LEGAL GUARANTEES
Article L.211-4 of the French Consumer Code: “The vendor is bound to deliver a product that complies with the contract and is responsible for defects in conformity existing at the time of delivery. It shall also be liable for any defects in conformity resulting from packaging, assembly or installation instructions if the seller is contractually required to package, assemble or install the product or if the product is packaged, assembled or installed under its responsibility. “.
Article L.211-5 of the French Consumer Code: “in order to comply with the contract, the product must: Be fit for use in the manner usually expected of a similar product and, where applicable: – correspond to the description given by the seller and have the qualities described by the seller to the buyer in the form of a sample or model; – have the qualities which a buyer can legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in an advert or on the label; 2° Or have the characteristics jointly defined by the parties or be fit for any specific use sought by the buyer, which is brought to the seller’s attention and accepted by the latter”.
Article L.211-8 of the French Consumer Code: “The buyer is entitled to demand that the product conform to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself.”
Article L.211-9 of the French Consumer Code: “In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.”
Article L.211-10 of the French Consumer Code: “If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price. He has the same option: 1. If the solution requested, suggested or agreed pursuant to Article L.211-9 cannot be implemented within one month of the buyer making his claim; 2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use. The sale shall not be cancelled, however, if the lack of conformity is minor”.
Article L.211-11 of the French Consumer Code: “The provisions of Articles L.211-9 and L.211-10 shall be applied at no cost to the buyer. Those same provisions shall not impede the awarding of damages.”
Article L.211-12 of the French Consumer Code: “Legal action concerning a product defect must be taken within two years of delivery of the product”.
Article 1641 of the French Civil Code: “The seller is bound to a guarantee on account of the latent defects affecting the item sold which render it unfit for the use for which it was intended, which impair that use such that the buyer would not have purchased the item, or would have paid less for it, had he been aware of the defects”.
Article 1643: “The seller is liable for hidden defects, even if he was not aware of them, unless he expressly excluded this liability in the contract”.
Article 1644 of the French Civil Code: “In the case of Articles 1641 and 1643, the buyer may choose to either return the item and receive full reimbursement of the purchase price or keep it receive a partial reimbursement”.
Article 1648, paragraph 1: “Any action resulting from hidden defects must be brought by the buyer within two years of discovery of the defect. “.
APPENDIX 2: ADDITIONAL INFORMATION
The present Appendix 2 outlines, for each type of KIWIP TECHNOLOGIES SAS product, the additional notices, limitations and guarantees and liabilities and information concerning personal data.
To determine its position, the [KIWIP WATCH] uses data from GPS satellites. Environmental conditions (in particular, weather, atmospheric and magnetic) are likely to have an effect on the availability of satellite systems. Functions of the [KIWIP WATCH] may be affected and consequently temporarily unavailable without notice.
The User understands, acknowledges and accepts that satellite connectivity for KIWIP TECHNOLOGIES SAS Software and the [KIWIP WATCH] is provided by third parties over which KIWIP TECHNOLOGIES SAS has no control and is governed by the respective terms and conditions of those third parties. The supply, quality, availability and security of satellite connectivity, software and services are under the sole and exclusive liability of those third parties, so as KIWIP TECHNOLOGIES SAS may not be held liable for any interruption to the service related to the satellite systems.
The User understands, acknowledges and accepts that access to certain functions of the KIWIP TECHNOLOGIES SAS Software and, consequently the [KIWIP WATCH], requires a SIM card and telephone number so that the [KIWIP WATCH] can send alerts to the number(s) chosen by the User via the application. Transmitting GPS positions in real time enables you to use the product’s geolocation services and to receive and make voice calls if, and only if, the SIM card plan includes a subscription to the KIWIP “voice & data” service.
Every call from the watch shall be limited to 5 (five) minutes for safety reasons related to use of the watch.
Every voice chat message shall be limited to 20 (twenty) seconds to optimise the use of the watch by children.
The Europe zone included in the Kiwip services shall be limited to 40 non-consecutive days per year.
This Europe zone included in the Kiwip services is delimited to the following countries only: : Germany, Belgium, Spain, Ireland, Italy, Luxembourg, the Netherlands, Portugal + United Kingdom, Switzerland and Monaco. Other countries will be billed outside of the plan according to usage and a scale specifically for the country in which the watch will be used.
The User accepts and acknowledges that it is solely and exclusively liable for this SIM card and for payment of all third party fees related to its purchase and use for [KIWIP WATCH], and that KIWIP TECHNOLOGIES SAS has no control over the supply, quality, availability and security of the SIM card and associated services provided by third parties and under their liability, such that KIWIP TECHNOLOGIES SAS shall not be held liable for any interruption to the service due to GSM/GPRS systems.
Additional limitations related to guarantees and liabilities
Like all electronic equipment, [KIWIP WATCH] may not work as expected and may not transmit a GPS position. In such an instance, the liability of KIWIP TECHNOLOGIES SAS may not exceed the reimbursement of the purchase price of the [KIWIP WATCH], as stated in Article 9.
The User acknowledges that [KIWIP WATCH] is not only an assistance tool for communication and location tracking for which it is responsible and may, under no circumstances whatsoever, replace direct supervision by the User of such users.
Consequently, KIWIP TECHNOLOGIES SAS may not be held liable for any direct, indirect, accidental, special, ancillary or other prejudice caused to the User and/or supervised persons, resulting from the use or the impossibility of use of the [KIWIP WATCH].
Furthermore, the User hereby declares that it will only use the [KIWIP WATCH] for strictly private purposes and excluding any professional use, and in accordance with the applicable laws. More generally, location of third parties by the User via [KIWIP WATCH] is therefore undertaken under the sole and exclusive liability of the User and subject to the applicable laws.
KIWIP TECHNOLOGIES SAS reserves the right to terminate the Licence, ipso jure and without notice, should the User use the [KIWIP WATCH] in breach of laws and regulations which are applicable to the User.
In accordance with the regulations in force, KIWIP TECHNOLOGIES has made a declaration to the National Commission on Information Technology and Civil Liberties (CNIL) regarding the collection and processing of personal data conducted via the KIWIP TECHNOLOGIES website at the following URL: http://www.kiwip.fr
CNIL FILE number: 2004688
2.1 DATA AND COLLECTION AND PROCESSING – Users of the Site have the possibility of subscribing to an information periodical from KIWIP TECHNOLOGIES. The information collected in this regard enables KIWIP TECHNOLOGIES to send out said periodical to subscribers. The personal data collected for this is for the exclusive use of KIWIP TECHNOLOGIES.
2.2 RIGHT TO ACCESS, CORRECT AND DELETE PERSONAL INFORMATION – In accordance with Article 34 of legislation no. 78-17 dated 6 January 1978 related to data processing, files and civil liberties, users of the website have the right to access, correct and/or delete any information that concerns them. To exercise this right, they must write to KIWIP TECHNOLOGIES: firstname.lastname@example.org
Termination of Service
KIWIP TECHNOLOGIES SAS provides users with a paying service with or without commitment.
If the user wants to stop making payments for the Kiwip service. He must comply with the rules below.
Cancelling a rolling contract or a contract that is past the end of the commitment period
You are free to terminate your contract at any time by giving one month’s notice. To do that, you must send a registered letter with acknowledgement of receipt, together with details of your surname, forename, user account number and the telephone number of your watch on a separate sheet of paper so that we can process your request.
Contract within the commitment period
Your contract has not reached the end of the commitment period.
Your early cancellation entails the payment of compensation (outstanding monthly instalments until the end of the minimum contract period) and cancellation fees. These charges correspond to the bank fees and the total sum of the outstanding monthly instalments.
The request for termination must normally be made in writing and send by recorded delivery with acknowledgement of receipt. The content of the letter and reason given must be justified.
Termination by Kiwip Technologies SAS:
Reminder: By selecting the Operator Free offer, the user must choose a new telecommunications provider and number portability will not be possible.
In case of non-compliance with the terms and conditions of use of the Kiwip Technologies service and/or despite notice, if there are late or missing payments, then Kiwip Technologies may terminate the user’s service within 24 hours maximum and claim payment of any outstanding sums, including bank charges.
Notwithstanding the provisions in force, the Company may terminate Subscriptions immediately and without notice, in case of serious or repeated breach by the Customer of its obligations under the terms and conditions of sale and use, in case of non-payment of its Subscription, irrespective of the chosen Subscription formula, or upon request of the competent administrative authorities.
The balance of any Subscription fees due up to the end of the current contractual period must be paid in full by the Customer to the Company and become immediately payable.
Any fraudulent use of the Kiwip SIM card in a device other than the KiwipWatch shall result in immediate termination of all Kiwip Technologies services.
Additional costs that may be incurred as a result shall be borne by the customer
All charges related to calls, data or SMS messages sent to numbers other than those pre-registered in the watch and within the authorised coverage zone, shall be automatically charged to the customer as well as any penalties related to such fraudulent use.