1.1. These terms and conditions (the "Terms and Conditions") set out the contractual basis on which Taiwan SECOM provide the smart home security monitoring and automation services. Taiwan SECOM, individually and collectively with their affiliated companies, shall be referred to herein as "us", "we", and "our". "You" and "your" refer to you, the person accepting these terms and conditions, and anyone using or benefiting from your access to our service and products (including compatible products) purchased or owned by you or contained in your residence.
1.2. These Terms and Conditions apply to the smart home security monitoring and automation services (the “Service") provided by us, which use one or more Taiwan SECOM wireless home security and automation products (the “Products") that you have purchased from Taiwan SECOM and any Taiwan SECOM-compatible third party devices that have been approved by Taiwan SECOM to work with Taiwan SECOM (the “Taiwan SECOM-compatible Products"). You should note that Taiwan SECOM accepts no responsibility for the Taiwan SECOM-compatible products and their functionality and these Terms and Conditions provide you with no additional rights from us as it relates to Taiwan SECOM products or Taiwan SECOM -compatible products. Your Taiwan SECOM products and Taiwan SECOM -compatible products should be covered by the appropriate warranties, terms, and conditions supplied by the devices' manufacturers and any warranties, return policies, or contracts, if any, with your retailer.
1.3. Please read these Terms and Conditions carefully before using any Taiwan SECOM product, any Taiwan SECOM -compatible product or the Taiwan SECOM service. By clicking a button or link marked "I agree" or using any Taiwan SECOM product, Taiwan SECOM -compatible product, or the Taiwan SECOM service you are indicating your agreement to be legally bound by these Terms and Conditions.
1.4. We reserve the right to change these Terms and Conditions at any time. We will treat your continued use of the Taiwan SECOM service as your acceptance of the then-current Terms and Conditions.
2.1 To use the Taiwan SECOM service you will need (i) to buy the appropriate products from Taiwan SECOM, (ii) to have a wired Ethernet connection to an always on and always working broadband Internet connection and (iii) access to a web browser to install, configure and use the service. In practice this means that you`ll likely need a spare socket on your broadband router - if you don`t have one then you`ll need to buy a small Ethernet hub or switch which will give you some additional sockets. You may use your home PC as your web browser for installation and configuration, but there`s no need to leave the PC switched-on for the Taiwan SECOM system to work, unless it is required to maintain your Ethernet connection and broadband Internet connection. You must leave your broadband router powered at all times, have a working broadband Internet connection, and power to all the necessary devices for the Taiwan SECOM service to operate.
2.2 Once your system is registered online and working, we may need to access your Gateway/Control panel or devices/sensors to upgrade the firmware. These upgrades should not interfere with your service and will be completed at our discretion to ensure we can maintain the agreed level and quality of service. You agree that we or our service providers may access your Gateway/Control panel, Taiwan SECOM products, or Taiwan SECOM -compatible products as part of maintaining them, their connectivity to Taiwan SECOM’s Server, or the Taiwan SECOM Service.
Taiwan SECOM products are supplied by Taiwan SECOM and other approved retailers to help enable you to monitor and control certain aspects of your home. The key component is the hub and you are free to add and remove different Taiwan SECOM products and Taiwan SECOM -compatible products that work with the hub to suit your particular needs. Only those products that are certified to work with Taiwan SECOM should be used and Taiwan SECOM accepts no responsibility for any failures as a consequence of attempting to register or use non-approved products. Taiwan SECOM uses open standards and can support some ZigBee Home Automation devices. However, when you attempt to register such uncertified devices on the Taiwan SECOM platform, we accept no responsibility for their operation and reserve the right to disconnect your equipment from the Taiwan SECOM platform and terminate your service without any notification or compensation or liability to you if we, at our sole discretion, believe their operation causes an issue.
4.1 We will manage and maintain the Taiwan SECOM platform to provide the Taiwan SECOM service you have selected to function with your Taiwan SECOM products and Taiwan SECOM -compatible products.
4.2 The Taiwan SECOM system is designed to minimize incremental charges to us so all normal use is covered within the applicable charges for each service. However, we reserve the right to levy additional charges or terminate service without liability or notice to you if, in our sole discretion, the service is being used beyond what we consider to be fair and reasonable, beyond the intended service or product design parameters, or in an otherwise abusive, illegal, immoral or inappropriate manner.
5.1 The Taiwan SECOM system needs to have power and operate over broadband Internet connection or cellular service to send and receive information from your home, including to use any alarm event or alert functions, so it is important that you have a reliable "always on" and always working broadband internet.
5.2 If power to the home is lost, the back-up battery will ensure your system continues to operate in the home, but if your router does not have back-up battery, the hub will not be able to send data to the platform and your Taiwan SECOM service will not operate normally or may be inoperable. In the event you have set up your Taiwan SECOM system and preferences to send your emails to a working device (such as a smartphone with a data plan), in the event of such outage you will receive notification by email from us that your panel is offline. This should highlight the problem and allow you to respond appropriately but we will not be able to identify the cause of the failure.
You agree to pay all charges for the service and any applicable federal, state, or local taxes that may apply. You should note that we accept no responsibility for the delivery of messages by your chosen service provider and we accept no responsibility for any additional charges they may levy in association with the use of the Taiwan SECOM service.
7.1 Cancellation. If you cancel this service, your cancellation will be effective as of your next cycle date.
7.2 Effect on Products. Please note that cancelling your service won`t affect your ownership of any Taiwan SECOM products that you`ve purchased from us, or your obligation to pay for them, and we`ll be under no obligation to accept their return, or provide any credit or refund for them.
7.3 Failure to Pay; Breach of the Terms and Conditions. If you fail to make any payment when due, or if you breach any of these Terms and Conditions, Taiwan SECOM may immediately disconnect your equipment from the Taiwan SECOM platform and terminate your service without any notification or compensation or liability to you.
7.4. Other Termination. You agree we may terminate your Taiwan SECOM service for any reason at any time and for any reason at our sole discretion, including but not limited to your actual, suspected, or alleged use, abuse, or misuse of Taiwan SECOM service, Taiwan SECOM products, or Taiwan SECOM -compatible products contrary to any law or regulation or right of any third party.
9.1 The Taiwan SECOM service may be suspended temporarily without notice in the case of attempts at denial of service, system failure, maintenance or repair, or circumstances beyond our reasonable control. No credit or refund will be provided for any period during which the Taiwan SECOM service is suspended or unavailable. In addition, we will not be responsible for, nor provide a credit or refund for, loss or interruption in Taiwan SECOM service of the benefits of Taiwan SECOM service to you caused by third parties, including your internet broadband service provider, cell phone service provider, or utility providers.
9.2 Your ability to receive - and your receipt of - notifications sent to you by the Taiwan SECOM service depends on your various devices and service providers. We cannot and do not provide any guarantees for the availability or security of these products and services. We cannot and do not provide any guarantees for your ability to receive notifications sent to you by the Taiwan SECOM service. You must test the Taiwan SECOM service to ensure compatibility. You should also check with your mobile operator and test your system when travelling, particularly when beyond your home region, including for any additional charges that may apply or issues with use of the Taiwan SECOM service.
9.3 Your Taiwan SECOM service includes important email and text messages relating to alerts, system status and important account updates. These are a core part of the Taiwan SECOM service and separate from the other marketing services Taiwan SECOM offers. You can elect not to receive these messages by not clicking on the accept email promotion and messaging during registration. It is recommended that you do not block this messaging. This does not affect your rights under the Privacy Statement below.
9.4 You acknowledge that data transmitted between you and us may be intercepted, lost or compromised by others and we accept no liability for the interception, loss or compromise of such data. For example, please be aware that emails in particular are not secure.
9.5 You acknowledge that you alone are responsible for protecting your computer hardware, software, data, Taiwan SECOM products, and Taiwan SECOM -compatible products from unauthorized access, viruses, spyware and all other types of malicious code.
9.6 You acknowledge that you are responsible for keeping any passwords and PIN numbers used for accessing the Taiwan SECOM service confidential, and for keeping remote control and tags (as applicable) under your control and secure. You are responsible for notifying us immediately if you believe that the security of your account may have been compromised in any way.
9.7 The Taiwan SECOM Privacy Notice is incorporated into these terms and conditions as if fully set forth herein, and by accepting these terms and conditions, you also accept and acknowledge receipt of the Taiwan SECOM Privacy Notice.
10.1 Limited Warranty. This limited warranty gives specific legal rights. We warrant to you that all Taiwan SECOM services sold by us to you will perform in accordance with these Terms and Conditions with respect to their specifications as set out on our website at the time of purchase for twelve (12) months from the later of the date of purchase or delivery/activation (the "Warranty Period"). If, during the Warranty Period, you find any Taiwan SECOM products to be defective you may notify us at your own expense and, if we confirm that there is a defect that originated with us, we will repair it, replace it, or offer a refund or credit, at our discretion. This limited warranty is for your benefit only and may not be transferred to or enforced by any other person.
10.2 Exclusive Warranty; Disclaimer of Other Warranties. Except where prohibited by law, the Limited Warranty contained herein is the sole warranty provided to you by us and all other warranties, express or implied, including the warranty of merchantability and warranty of fitness for particular purpose, are hereby disclaimed by us.
11.1 Limitation of Liability. This section explains our limited liability to you. In accepting these Terms and Conditions you are acknowledging that the sole purpose of the Taiwan SECOM service is to provide a personal monitoring and automation service for your property. We accept no liability for the failure of the system and you should not use the system in applications where any such failure could result in hazards, damage or losses of any description. You acknowledge that we are not insuring you against any losses that may result from any failure of the Taiwan SECOM services.
11.2 Home Security/Protection Use/Care. You may choose to use the Taiwan SECOM service and certain Taiwan SECOM products or Taiwan SECOM -compatible products to provide self-monitored, alert-based security or protection for your home. You may also choose to use the Taiwan SECOM Service and certain Taiwan SECOM products or Taiwan SECOM -compatible products to provide you additional assistance in your efforts to provide care to another, or others in providing care to you. However, this is not an emergency response service and it cannot be connected directly to the police or other public services. It is your responsibility to monitor your system, or have another you trust to monitor your system, and respond appropriately to information and events. You acknowledge that we cannot be responsible for, and accept no responsibility for, the security or care of you, those you provide care to, your family, your home and your possessions. You agree that we will not be responsible for any security breaches or losses under any circumstances. All life threatening and emergency events should be directed to the appropriate response services.
11.3 Limitations. Taiwan SECOM equipment and services cannot eliminate occurrences of events including, but not limited to, fires, floods, burglaries, robberies, and medical issues. Other than the limited warranty set forth in Paragraph 8.1, we make no guaranty or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the Taiwan SECOM products, Taiwan SECOM compatible products, equipment, and services provided will detect, avert or minimize such incidents or their consequences. We do not accept any risk that you or your property, or the person or property of others, may be subject to damage, injury or loss if such an event occurs, and we accept no liability for any such damage, injury or loss. The allocation of such risk remains with you and not with us. In accepting these Terms and Conditions, you release, waive, discharge and promise not to sue or bring any claim of any type against us for any damage, injury or loss relating or alleged to relate in any way to the equipment or services provided by us.
11.4 IN NO EVENT WILL WE BE LIABLE TO YOU (AND IN NO EVENT WILL YOU ATTEMPT TO HOLD US LIABLE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AGGRAVATED, EXEMPLARY OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OPPORTUNITY COSTS AND ANY SUCH DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS) WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that we are not providing insurance of any type. Our fees for services and products are not related to the value of your property, anyone else`s property located in your premises or any risk of loss at your premises. They are based solely upon their own inherent value and reflect the limited liability that we assume under these Terms and Conditions. You should protect against any risk of loss at your property with the appropriate insurance coverage. In the event of any loss, damage or injury, you must look exclusively to your insurer, and not to us, for compensation. In accepting these Terms and Conditions, you release and waive for yourself and your insurer all subrogation and other rights to recover against us arising as a result of the payment of any claim for loss, damage or injury.
Indemnity. If any other person or entity, makes any claim or files any lawsuit against us in any way related to the equipment or services provided by us or on our behalf, you agree to indemnify, defend and hold us harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorneys` fees. Your duty to defend is separate and distinct from the duty to indemnify and hold harmless and arises upon the assertion of a claim or demand against us and regardless of whether we have been found liable or incurred any expense.
14.1 Our failure to exercise any of our rights under these Terms and Conditions shall not be deemed to be a waiver of such rights or a waiver of any breach of these Terms and Conditions. We may assign any of our rights or delegate any of our obligations under these Terms and Conditions without your prior consent. You shall not assign any of your rights, nor delegate any of your duties, under these Terms and Conditions without our prior written consent.
14.2 If any term or provision hereof should be held to be invalid, unenforceable, or illegal, such holding will not invalidate or render unenforceable any other provision hereof, and the remaining provisions will not be impaired thereby.
14.3 These Terms and Conditions will be governed by and interpreted in accordance with the laws of Taiwan ROC, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. You agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to these Terms and Conditions shall be a federal or state court in Taiwan ROC, and you consent to such jurisdiction and venue.
Taiwan SECOM respects your concerns about privacy. This Privacy Notice applies to personal information we collect on Taiwan SECOM Portal. The term "Site" refers to the areas of Taiwan SECOM that are covered by this Privacy Notice.
This Privacy Notice describes the types of personal information we collect on the Site, how we may use that information and with whom we may share it. The Privacy Notice also describes the measures we take to protect the security of the personal information.
15.1 Information We Collect You may choose to provide us with personal information (such as name, contact details and payment information) through our Site. Here are the types of information you may submit:
15.2 Information We Collect by Automated Means Web Analytics. When you visit our Site, we may collect certain information by automated means, using technologies such as cookies, Web server logs and Web beacons. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site.
In conjunction with the gathering of information through cookies, our Web servers may log information such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record information such as the address of the Web page that referred you to our Site and the IP address of the device you use to connect to the Internet. They also may log information about your interaction with this Site, such as which pages you visit. To control which Web servers collect information by automated means, we may place tags on our Web pages called "Web beacons", which are small files that link Web pages to particular Web servers and their cookies.
We may use the information collected through automated means for market research, data analytics and system administration purposes, such as to determine whether you`ve visited us before or are new to the Site, and for compliance with our legal obligations, policies and procedures. We also may use this information to target custom content and ads to you on this and other websites, including as described below.
Service Delivery. When you connect devices to Taiwan SECOM they transmit data directly or indirectly to the Taiwan SECOM platform. This data is collected, stored and analyzed to deliver the various Taiwan SECOM services. In some cases, we use third-party analytics and pass relevant data to other service providers to support and deliver the services we offer. Where we do this, we have contracts with partners restricting how this data can be used. In particular, where we pass any personal data this will only be done where it is needed to enable the delivery of specific services or benefits and this will be subject to your specific agreement when requesting the particular service or benefit.
15.3 How We Use the Information We Collect We may use the information we collect to: Operate and support the Taiwan SECOM services
15.4 Sharing of Information We may share personal information we collect on the Site with our service providers who perform services on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share your information among our affiliates and joint marketing partners, who may send you marketing information. In addition, we may share personal information we collect on the Site at your request.
We may disclose information about you (i) if we are required to do so by law, regulation or legal process, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; or (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; (iv) in connection with an investigation of suspected or actual unlawful activity; or (v) to assist in collecting debt owed by you. We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice.
15.5 How We Protect Personal Information We maintain administrative, technical and physical safeguards to protect the personal information you provide on our Site against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing.
15.6 Updates to Our Privacy Notice This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices or relevant laws. We will post a prominent notice on the Site to notify you of any significant changes to our Privacy Notice and indicate at the top of the Privacy Notice when it was updated.