We are Askey Computer Corporation, a company registered in Taiwan and our registered address is 10F, No. 119, Jiankang Rd., Zhonghe Dist., New Taipei City, Taiwan (R.O.C.). (Referred to as "We" or "Us" or "Our" or “Askey”).
The Terms of Service apply to all the software and hardware components as well as the services of Askey (jointly referred to as the “Products” or “QBee Cam”).
The Terms have been translated into German, French and Italian. In the event of any dispute concerning translated texts, the provisions of the English version shall prevail.
2.Services Provided by Askey
QBee is an app-based monitoring system for residential Customers provided by Askey. Information on the Scope of the Products offered by Askey as well as the specific Terms and Conditions of Use can be found on the website http://www.qbeecam.com as well as in the latest brochures and manuals.
The Customer is not entitled to a certain configuration of the Askey infrastructure or to having the accessible services kept available. Askey is entitled at any time to change or cancel a service by giving appropriate advance notice thereof and without paying compensation therefor.
Askey may engage certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or parts of the Service, and you hereby agree that such involvement by those Service Providers is acceptable.
Askey is responsible for maintaining its cloud service and is entitled to interrupt or restrict operations for the purpose of fault rectification, maintenance work, the introduction of new technologies etc. Askey shall rectify faults which lie within its sphere of influence within a reasonable period of time during operating hours.
2.3 Remote access for monitoring and update
Without the Customer’s prior consent, Askey will not – for the purposes of management, configuration, updating and similar – access the Customer’s infrastructure used for the service and view, change, update, delete or otherwise manage the technical data and software available there. In the context of remote access, Askey will be able to view the Customer’s technical data directly associated with the hardware and software configuration and the services of Askey.
Support queries must be submitted to Askey via the web form on the website www.qbeecam.com
3. Customer's Responsibilities
3.1 Equipment Required by the Customer
In order to be able to use the services of Askey, the Customer needs to have either Askey’s Standalone QBee Cam App or another carrier’s App as part of Askey’s service offering.
The Customer is personally responsible for the acquisition, installation, functioning and legal compliance of this infrastructure. Askey does not provide the Customer with investment protection.
If you wish to use the QBee Cam system from Askey, you must register yourself correctly on the QBee Cam standalone App or via the Swisscom Internet-Box Application.
3.3 Legal and contractual use
The Customer is responsible for the legal and contractual use of the connections and the purchased services. Any illegal use of Askey Products and Askey servers is prohibited.
The Customer is responsible for every use of the Products even by minors living in his household and/or other third parties. Please note that the QBee Cam is not relied upon for life safety. Nevertheless, Askey will provide a monitored security service.
Askey shall comply with the applicable regulations when handling data. Askey shall only collect, store and process data required for the service provision, the finalization and maintenance of the Customer relationship, namely guaranteeing a high level of service quality, for the security of operations and the infrastructure as well as for billing.
The Customer agrees that Askey
– may obtain information regarding the Customer in connection with the conclusion and finalization of the service
– may pass on the Customer’s data to third parties for debt collection purposes
– may process the Customer’s data for marketing purposes, namely for the organization and development of its services as needed and for customized offers and that the Customer’s data may be processed for the same purposes. The Customer may restrict or prohibit the use of the data for marketing purposes.
– stores Customer data and data generated during the usage of the service in Germany at a hosting Center.
4.2 Service provision jointly with third parties
If a service is provided by Askey together with a third party, Askey may communicate Customer data to third parties to the extent this is necessary for the provision of such services.
5. Intellectual Property
Askey is the owner or the licensee of all intellectual property rights on the Website and in the material published on it, including, without limitation, trademarks, logos, graphics, photographs, animations, signage, livery, get-up, videos, stationery, publications, reports and text.
The Customer’s use of the Website and its contents does not grant the Customer any rights to Askey’s intellectual property or the intellectual property of third parties in the Website and its contents.
Unless expressly permitted in the present Terms of Services, the Customer may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website. However, the Customer may download or print insubstantial extracts of the content of the Website to Their own hard drive for the sole purpose of viewing it, provided that no more than one (1) temporary copy of any information is made. The Customer may also print one (1) copy or extract of any page from the Website for Their personal reference or non-commercial use and the Customer may draw the attention of others within Their organization to materials posted on the Website, provided always that the Customer acknowledges Askey’s status (and that of any identified contributors) as the authors of materials on the Website.
Askey endeavors to provide its services with high availability. Askey cannot, however, guarantee that its infrastructure and services will function without disruption and faults.
As this is an IP-based system, no warranty can be given against malfunction.
6.2 Risks when using the service; measures taken by Askey
Askey shall take precautions to protect its infrastructure from third-party access. It cannot, however, warrant that the infrastructure is fully protected from unauthorized access and that malicious software may compromise the service
6.3 Networks and third-party services
Askey cannot give any assurances or warranties in respect of availability and the quality of operations and support for data traffic on third-party networks or with connections of third-party networks.
6.4 Links to Websites and Third-Party Services
The Askey website may contain links to third-party websites, which are not under the control of Askey. Askey is not responsible for the content of those websites and for any Products that may be offered by a linked website, as well as for any links on the linked website and any changes or updates to such websites. Askey provides those links to the Customer for informational purposes only and the inclusion of such links does not mean that Askey supports, guarantees or assumes responsibility for the content or the Products on the third-party websites.
Warranties only apply to Askey Products sold and purchased in Switzerland and that are new on the date of purchase from Askey or other authorized local carriers. Please keep the original purchase invoice and warranty card directly to such authorized local carriers for future service requests.
To the fullest extent permitted by law, in no event will Askey, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Askey has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. Askey’s aggregate liability for all claims relating to the services, the website, the agents and the forums will at all times be limited to a maximum of the value of the service purchased during the last contractual year of property and pecuniary damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Askey and the Customer.
8. Duration and Termination
We reserve the right to suspend or cease providing the Services, at any time, with or without cause. We may suspend or terminate the Customer’s use of the Service if the Customer is not complying with those Terms, or if the Customer uses the Services in any way that could cause Askey legal liability or disrupt others’ use of the Services. If Askey suspends or terminates the Customer’s use, Askey will try to let the Customer know in advance. If the Customer wants to terminate the Services at any time, the Customer may do so by (a) notifying Askey and (b) closing Their account for the Services that They use.
Askey may amend the Terms of Services at any time. All such changes will take effect once they have been posted on the Website and The Customer will be deemed to have accepted any such changes by Their use of the Website from such time.
Askey reserves the right to transfer or assign any rights or obligations under those Terms at any time.
11. Place of Jurisdiction and Applicable Law
If any dispute shall arise pursuant to any provision of the present Terms of Service, the plaintiff must choose the place of performance or residence of the defendant as the place of jurisdiction. If any term or provision of the present Terms of Service shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated and the remainder of those Terms of Service shall remain in full force and effect, according to the terms.