Neo, The smart kids watch terms

Kids Watch (Product ID VKW001) - Terms and Conditions

Your Kids Watch is part of a subscription service which – through the combination of a watch, mobile app and network connectivity – keeps you with your kids, every step of the adventure. These Terms and Conditions apply to the extent your Kids Watch is controlled or managed through our Vodafone Smart App (also known as the V by Vodafone mobile app) (the “App”). Details of the specific services available when using the Kids Watch can be found on the Vodafone web store (the “Services”), and further important information in relation to the Services is set out in clause 3 below.

Your Kids Watch is offered to you by:

(1)   Vodafone Sales and Services Limited (a company incorporated in England and Wales, whose registered address is Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN), for the communication services set out in clauses 3.2 and 3.3; and

(2)   Vodafone Limited (a company incorporated in England and Wales, whose registered address is Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN), for all other terms and services set out below,

(together “We”, “our” or “us”) in accordance with these Terms and Conditions (“agreement”).

In this agreement, “you” means either (as applicable):

(a)   the person responsible for paying the monthly subscription fee for the Services, for setting up the Kids Watch and pairing with the App (the “Administrator”); and/or

(b)   a person communicating with the watch via the App (the “User(s))”,

 

(together the “Contacts”).

We understand that you may or may not be the person using the Kids Watch (the “Wearer”), in which case the Administrator is responsible for ensuring that the Wearer (or if the Wearer is under 18 years of age, that their parent and/or guardian), understands the terms of this agreement, understands how the Kids Watch works, and uses the Kids Watch in accordance with the agreement. You accept these terms on behalf of the Wearer where this provision applies.

See clause 7 (Administrators & Users) for more information in relation to Users.

1.     Requirements for setting up and using the Kids Watch

1.1    In order to use the Kids Watch you must:

a.       purchase the Kids Watch, which may be available via the Vodafone web store, through approved third party retailers and in store;

b.       download the App on your mobile device, sign up with your Vodafone account or register;

c.       connect your Kids Watch to the App following the instructions set out in the App;

d.       purchase and activate a subscription to the Kids Watch (“Subscription”) via the App; and

e.       complete activation and personalisation of your Kids Watch via the App.

Please note, to ensure you can access all features and Services you will need to allow the App certain permissions on your mobile device.

1.2    Please note that in addition to this agreement and the Vodafone Privacy Policy, separate terms and conditions apply to the Vodafone Smart SIM (the “Smart SIM”) used by your Kids Watch, the App, and may also apply to your chosen billing method may also apply to your chosen billing method.

1.3    Your purchase and use of the Kids Watch may be subject to separate terms from your retailer, and hardware terms included with the Kids Watch - for example, in respect of manufacturer warranties and returns policies.

2.     Your Subscription

2.1  The Administrator must have a valid Subscription in order for the Wearer and Users to use the Kids Watch. Subscriptions are subject to the Smart SIM terms and conditions, are activated via the App and will start when you’ve connected your Kids Watch to the App, chosen your plan and provided valid payment details.

2.2  All charges relating to your Subscription will be shown in the App during Subscription activation, and will be subject to your acceptance of the Smart SIM terms and conditions. All other rights related to the Subscription, including payment methods, payment frequency, terms specific to existing and/or non-Vodafone customers, and the right to cancel and terminate, are as set out in the Smart SIM terms and conditions.

2.3  You can link multiple Kids Watches to the same App account, but you will only be able to view one (1) Kids Watch at any one time in the App. Each Kids Watch will require a separate Subscription.

2.4  If your Subscription expires or is terminated, the Wearer may be able to access some Services that do not require a connection to the internet, however, we cannot guarantee this will be the case or that any features will work without fault or interruption. If you later decide to purchase a new Subscription, we will give you instructions on how to reactivate the Services (and reset the Kids Watch, if necessary).

3.     Kids Watch Services

Please note, the Services available to you, any Users and the Wearer will be those advertised at the point you purchase the Kids Watch. This clause may include information on services which are not yet available, but may become available at a later date. We are under no obligation to launch any of the services listed below that were not advertised as Services at the time you purchased.

3.1    Once you have connected and activated your Kids Watch in the App and purchased a Subscription, you will be able to use the Services and interact with the device. Information on the current Services can be found on the Vodafone web store, however, please read this clause which provides more detail on some of the key features that may be available.

3.2    Communication Features: Subject to being granted permission by the Administrator (see clause 7), there may be a number of ways Contacts can communicate with the Wearer, including chat, voice calls, voice recordings and emojis.

3.2.1   Chat: Chats can be created by Contacts or the Wearer. The Wearer will not be able to type messages and will only be able to communicate through emojis or by selecting auto-generated messages. Contacts will be able to type messages to the Wearer, but each individual message will have a character limit. Contacts will be able to see in the chat screen whether a message has been sent and/or read.

3.2.2   Group Chat: These can be created by Contacts and allow multiple Contacts to communicate with the Wearer in the same chat screen.

3.2.3   Voice Calling: The Wearer and Contacts can call one another using the watch and the App. Calls are limited in duration to ensure battery optimisation.

3.2.4   Voice Messaging: In chat and group chat, the Wearer and Contacts are able to send voice recordings. Voice messages may be restricted in length.

3.2.5   Pictures & Videos: The Wearer can send pictures and videos taken by the Kids Watch to Contacts.

a)   Videos can only be sent by the Wearer during chat or group chat, and may be restricted in length. Videos will not be stored on the watch but will be accessible to permitted Contacts through the App.

b)   The watch is able to store a number of pictures taken by the Wearer using the camera. These pictures will also be accessible in the App to permitted Contacts.

c)   Once the Wearer has exceeded the number of pictures that can be stored on the watch, the oldest photo will be replaced with the newest photo. Any photos that are replaced will still be accessible in the App to permitted Contacts.

d)   The Wearer is able to delete photos stored on the watch. This will also delete the same photo from the App. Permitted Contacts are able to delete and download photos from the App. Please be aware that downloading photos will require the use of data from your mobile tariff unless connected to Wi-Fi.

e)   If the number of photos stored in the App exceeds the maximum allowed, the camera on the watch will be disabled until additional space is freed following the instructions in the App.

3.2.6   No Emergency Service Access: As all communication takes place through the App or the watch using an internet connection, the Kids Watch does not permit contact with emergency services.

3.2.7   Communication History: Pictures, videos, chat, group chat and voice messages will be stored locally on the App, on your phone. This means that if you download the App on a new phone, you will not be able to view or access any previous communication history, pictures or videos, which were stored on the App on your previous device (and which will remain on this device). In addition, and to preserve memory, communication history may be automatically deleted from the watch after a fixed period. See FAQs for more information.

3.3    Quick Call: By pressing and holding the correct button on the Kids Watch, the Wearer will automatically attempt to voice call permitted Contacts in a pre-defined sequence. If a Contact doesn’t answer the call after a short period of time, the Kids Watch will attempt to call the next permitted Contact in the sequence. By default, the Administrator will be the first Contact the Kids Watch attempts to call, but it may be possible for the Administrator or permitted Contacts to change the calling order (please see FAQs for more detail). The Wearer can still use Quick Call whilst the Kids Watch is in ‘Quiet Mode’ or ‘Power Save’ modes. 

3.4    Calendar: Permitted Contacts can create scheduled events for the Wearer. Contacts can also edit events created by others. The Wearer is unable to edit, add or delete calendar events.

3.5    Location: Permitted Contacts will be able to view the location of the Kids Watch through the App.

3.5.1   The location of the watch will normally update when you visit the ‘Map’ section of the App, however, you can get an up-to-date location by pressing the refresh button.

3.5.2   The GPS accuracy of the location may be affected by external factors, as explained below in these terms. To the extent GPS is not available, you may still be able to view the approximate location of your Kids Watch using other technologies (such as cellular, Wi-Fi or Bluetooth), but please be aware these will not be as accurate as GPS.

3.5.3   By turning on ‘Realtime Tracking’, permitted Contacts can follow the Kids Watch with a greater location frequency for a maximum of 15 minutes at any one time.

Important: The Kids Watch is not a tracker, and will not pro-actively provide you with updates on the location of the watch, provide you with a history of where the watch has been or let you know when the Wearer is in a particular location. It should not be used for the purpose of tracking a child.

3.6    Quiet Mode /Power Save: Permitted Contacts are able to toggle this mode on/off as necessary. This will reduce the watch functionality, however, the Quick Call feature will still be available.

3.7    Battery: You will be able to view the approximate battery life of the Kids Watch in the App using the battery iconography. Battery life is dependent on usage. See FAQs for more detail.

3.8    Other Features: We may add or remove services that can be used by your Kids Watch at any time. We will tell you about any changes as far as reasonably possible (see clause 12 (Variations) below)

4.       Third Party Services

4.1    The Kids Watch may display access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under our control – for example weather. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Kids Watch, such as third party applications accessed on the watch or App, are not part of the Services and are not controlled by us, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that the terms of this agreement and the Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding any terms and conditions and privacy policy that apply to your use of any Third-Party Services.

5.       Content and Conduct

5.1    The Kids Watch, App and Services may include videos, audio (for example music and other sounds), graphics, emojis, photos, text (such as comments and scripts), branding (including trade names, trademarks, copyright, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). If you see any Content you believe does not comply with the terms of this agreement you can report it to us.

Our Content

5.2    Our Content includes any photos, images, graphics, video, audio, data, text, music, emojis, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Kids Watch, App or Services (“Our Content”). All of Our Content including its underlying technology are protected by intellectual property laws including copyright, trademark, patent and passing-off, and other laws. We reserve all rights not expressly set forth in this agreement.

5.3    You agree not to remove, change, reproduce, modify, adapt or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Kids Watch, App or the Services. Our logos and any other trademarks that may appear on the Kids Watch, App or the Services, and the overall look and feel of the watch, App or the Services, including layout, graphics, icons, and scripts, may not be copied, reproduced, adapted, modified, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Kids Watch, the App or the Services are the property of their respective owners or of our licensors (“Third Party Content”) and may not be copied, reproduced, adapted, modified, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

5.4    We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to (a) access and use the Kids Watch, App and Services, (b) access and view Our Content, (c) access and use the software and applications provided by the Kids Watch, App and Services, and (d) use the software that is embedded into the watch.

5.5    You will not use, sublicense, copy, adapt, reproduce, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit Our Content, Third Party Content, the Services or any portion thereof (including any third-party software), except as expressly permitted in this agreement. No additional rights are granted to you except for those set out in this agreement.

5.6    You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any trademarks, service marks, trade names or other proprietary rights in Our Content or Third Party Content or any part thereof to you or any third party. You undertake not to do any act or thing which is inconsistent with or which is likely in any way to prejudice such title.

Your Content

5.7    You may be able to upload, post, store, share, send or display Content that you have generated or created, on the App and the Kids Watch (“Your Content”). You must not submit, upload, post, store, share, send or display any Content that does not comply with this agreement or the law. See clauses 5.10 and 5.12 for more details.

5.8    You retain ownership rights in Your Content, except for rights which subsist in Our Content or Third Party Content which is incorporated within Your Content. However, by providing Your Content to the Kids Watch, App or Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use that Content (including to reproduce, distribute, modify, display, translate, create derivate works from, and perform it) for the purpose of operating, promoting, and improving the Kids Watch, App or the Services.

5.9    The licence in clause 5.8 shall apply across all media formats and channels now known or later developed and shall end when you remove Your Content or delete your Vodafone Smart Tech account. Once Your Content has been removed, the licence will terminate except where the operation of the Kids Watch, App or Services or the law requires otherwise.  For example, removal of Content by you does not require us to delete copies we reasonably need to keep for legal purposes.

5.10 You understand that you are entirely responsible for all the Content you upload, create, post, email, transmit, share, send, store, display or otherwise makes available via the Kids Watch, App or Services, and warrant that you own Your Content or have all rights necessary to grant us a license to use Your Content as described in these Terms. We do not proactively and routinely screen or monitor Your Content and, as such, do not guarantee the accuracy, integrity or quality of such Content. However, we may, in our sole discretion, screen and monitor Content and, if we reasonably believe that Your Content is in breach of this agreement or may cause harm to us, other users, or third parties (such harm includes infringement of third party intellectual property rights), we may remove or take down it down, disclose your identity to third parties, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Kids Watch or the App. We may notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for us or our affiliates; (b) would compromise an investigation or the integrity or operation of the Kids Watch, App or Services; or (c) would cause harm to any us, our affiliates, other users or third parties.

5.11 You understand that by using the Kids Watch, App or Services, you may be exposed to Content outside of our control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available. You agree to bear all risks associated with the use of any Content available in connection with the Kids Watch, App or Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

5.12 Your Content must not:

5.12.1    infringe, misappropriate, or violate a third party’s patent, copyright, trademark or other intellectual property rights, or any rights of publicity or privacy;

5.12.2    violate, or encourage any conduct that would violate any applicable law or regulation;

5.12.3    be fraudulent, false, misleading, or deceptive;

5.12.4    be defamatory, obscene, pornographic, vulgar, or offensive;

5.12.5    promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

5.12.6    be violent or threatening or promote violence or actions that are threatening to any person or entity; or

5.12.7    promote illegal or harmful activities or substances.

And you must not:

5.12.8    upload any Content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;

5.12.9    use or attempt to use another account (including Wearer, User or Administrator accounts) without permitted authorisation, or impersonate any person or entity;

5.12.10 harvest, solicit, or collect information of other Contacts for any reason whatsoever, including, without limitation, for sending unsolicited communications;

5.12.11 post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or

5.12.12 use the Kids Watch, the App or the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Kids Watch, App or Services, or which may expose us or our users to any harm or liability of any type.

5.13 If Your Content violates this agreement, you may bear legal responsibility for that Content. Your Content will not be subject to any obligation of confidence on our part and we will not be liable for any use or disclosure of any Content you provide.

6.       Limitations of the Services

6.1  The Kids Watch is intended for your personal, non-commercial use. We will provide the Services with reasonable skill and care. However, we do not guarantee that they will be fault free. Please go to the Vodafone web store, read the product FAQs and clause 3 above (Kids Watch Services) to understand how the Services work, and any associated limitations.

6.2  We aim to provide you with the Services at all times. However, you acknowledge and agree that, the nature of the underlying mobile, GPS and other technology involved are such that the Services (or part of the Services) may not be available at all times or in particular locations, and the Services may be adversely affected by physical features beyond our control, including network overload, weather conditions, electromagnetism atmospheric conditions and other causes of interference beyond our control (e.g. failure of GPS or GSM networks or for service maintenance reasons), or if you are using the watch and/or the App in a place inadequately covered by GPS or Vodafone’s GSM networks.

6.3  Kids Watches are dust proof and water resistant, having been tested under controlled laboratory conditions with a rating of IP68 under IEC standards. This means that your Kids Watch is resistant to water splashing; however, it may be damaged in water immersions of more than 10 meter or for periods of longer than 30 minutes. It also does not guarantee protection from submersion in liquids other than fresh water.  Please note the watch is not designed for swimming, diving or prolonged submersion, and that resistance may decrease over time with normal use. Your Kids Watch should be cleaned with fresh water and dried with a lint free-cloth if it comes into contact with anything other than fresh water.

6.4  You acknowledge the Kids Watch is only designed to be used in the ways advertised by us, and that if used in any other way, some Services may not be available or may not work properly. If your Kids Watch is damaged the Services may not be available.

6.5  The Kids Watch is designed for use on land and must not be connected when taken in aircraft. It is not designed to comply with all rules and regulations around the use of connected, battery powered devices on an aircraft, and is not designed for use in baggage stored in aircraft holds. The device can be turned onto ‘Airplane Mode’ during travel, but please check your travel providers’ rules on permissible devices before you travel.

6.6  Use of the Kids Watch may require firmware updates from time to time. These firmware updates are mandatory and, if not completed, the Services will not be available or may be adversely affected. We will notify you in the App when a mandatory firmware update is required and provide you with any instructions on how to complete the update.

6.7  The Kids Watch is not a tracking device, and should not be used or relied upon to track the precise location of Wearers. You will not be provided with updates on the location of the watch, provided with a history of where the watch has been or notified when the Wearer is in a particular location. Our liability to you is as set out in clause 13, and we accept no additional liability if the Kids Watch is not used as advertised and in accordance with these Terms and Conditions.

7.     Administrators & Users

7.1  Please note, this clause only applies to the extent the Kids Watch, App and Services are capable of interacting and communicating with multiple users. The Services and functionality available to you and the Wearer (including the ability for multiple users to interact or communicate with the Wearer, or vice versa) will only be those advertised at the point you purchase the Kids Watch. As such, this clause may include information on functionality which is not yet available, but may become available at a later date. To the extent this functionality does not exist, or was not advertised as existing, at the point you purchased your Kids Watch, we are under no obligation to launch this.

7.2  The Administrator is responsible for inviting Users and setting the level of permissions they may have in the App. The Administrator is only able to add Users with a mobile phone number from the same country as the mobile number used by the Administrator.

7.3  Users must be at least sixteen (16) years of age, but in the event any User is under the age of 18 years:

7.3.1       The User must be the child (or under the guardianship) of the Administrator; or

7.3.2       The Administrator must have obtained the explicit permission of the parent or guardian of the User before inviting them to be a User; and

7.3.3       The Administrator shall remain responsible for the actions and any non-compliance of the User under the terms of this agreement.

7.4  We will collect, use, store or share the information of Users to provide you with the Services in accordance with our Privacy Policy. In the event an Administrator invites a User below the age of sixteen (in contravention of these Terms and Conditions), we are within our rights to assume the Administrator has given their explicit consent (or obtained the explicit consent of the parent or guardian of the User) to the processing of the personal data of the User in accordance with our Privacy Policy.

7.5  To accept an invite, Users will need to download the App and follow the instructions. If Users have already downloaded the App for a different product, they can use the same App and will be notified of any pending invitations.

7.6  Invites will expire after a certain period of time, after which an Administrator will need to re-invite a User.

7.7  Each Kids Watch can have up to 10 contacts (which includes the Administrator plus nine Users) who are able to interact with the Wearer.

7.8  Permissions: At the point the Administrator invites Users to interact with the Wearer, they are able to choose the precise permissions that User will have.

Important: The Administrator is solely responsible for ensuring the appropriate level of permissions for each User and understands that certain permissions will, amongst other things, enable a User to interact with a Wearer (via messages, calls, pictures or videos), view their location, manage their calendar, choose the features and themes accessible to a Wearer, alter the settings of the Kids Watch, and even put the watch into ‘Power Save’ or ‘Quiet Mode’ (meaning the Wearer may be unable to communicate with the Administrator or Users).

8.     Your responsibilities when using the Kids Watch, App and Services

8.1  You and the Wearer must keep to this agreement and our instructions when using the Kids Watch, App and Services.

8.2  You are responsible for maintaining the Kids Watch battery and for completing any Kids Watch firmware updates notified to you by us in the App. You acknowledge that the Services will not be available or may be adversely affected if the Kids Watch has no battery or if you have not completed a firmware update.

8.3  You must not use the Kids Watch, the App or any of the Services for any purpose that is abusive, illegal, fraudulent, a nuisance, harassment or for criminal activities.

8.4  Quick Calls and other forms of communication services are received through the App on your phone. You are responsible for monitoring the activity in your App. Other than where required by law, we will not monitor any communications from the Kids Watch and will not know if a Wearer is requiring assistance, or if any alert is false or genuine.

8.5  You acknowledge that your Kids Watch is not an emergency service, nor can it be used to contact the emergency services. In the event of a Quick Call, the watch will attempt to call Contacts in the order they have been arranged in the App.

8.6  The Services are provided to you for your private and non-commercial use. You must not sell all or any part of the Services and you must not: copy, frame or mirror any part of the App or Services; modify or attempt to modify, decompile, disassemble, reverse engineer, tamper with, or attempt to derive the source code of the Kids Watch, App or Services in any way; test the vulnerability of our systems or breach any security or authentication measures; or circumvent any technological measure implemented by us, our partners or any other third party (including another User) to protect the Kids Watch, App or Services.

8.7  You are responsible for contacting us if you identify a defect in your Kids Watch or the App that prevents you from using the Services.

8.8  You are responsible for informing any Wearer that we will not be able to provide the Services if the device has no battery power or no Subscription, and of the other limitations set out in this agreement.

8.9  To provide you with the Services you will need to enable certain permissions on your mobile device. We may also require some information about you and/or the User (if different). You agree to provide us with true, accurate and up-to-date information and you assume the risk associated with providing any false, inaccurate or out-of-date information.  We will treat this information in accordance with our privacy policy.

8.10        Important: If you are not the Wearer, you are responsible for ensuring that the Wearer (or if the Wearer is under 18 years of age, that their parent or guardian): (i) has consented to using the Kids Watch and has consented to Vodafone tracking the location of the Kids Watch for the purpose of providing the Services; (ii) has been informed that we will not be able to provide the Services if the Kids Watch has no battery power; (iii) understands how to use the Kids Watch, App and Services and is aware of the limitations of the Services, and you accept the terms of this agreement on their behalf.  You must ensure that the Wearer (or if the Wearer is under 16 years of age, the parent or guardian of the Wearer), explicitly agrees to having any required personal information collected and used by Vodafone in accordance with our Privacy Policy, for the purpose of the Services.

9.     Losing your mobile equipment 

If your Kids Watch or the mobile equipment on which you use the App is stolen, damaged, destroyed or lost, we do not have to give you any refund for any Subscription that you have paid for in advance to use the Services, or for the cost of the Kids Watch or your mobile equipment. You should contact us immediately so that we can prevent further activity on your App account.

10.  Connectivity 

10.1        Subject to coverage, the Services are available when your Kids Watch is located in the United Kingdom and in a number of other countries. The list of countries supporting your Kids Watch is subject to change. Please see the Vodafone Smart Tech Charges Guide for inclusive out of country use details. If you are planning on travelling or using your Kids Watch abroad, please check the latest status of this list as it may be updated from time to time.

10.2        Even if you are able to connect to and use your Kids Watch in countries that are not officially supported, this does not imply that all the Services will be available to you in such country or that the Services and the Kids Watch will work as intended. We therefore recommend that you check the list of countries before you travel.

10.3        Please note that accessing and using the App on your mobile device requires an internet connection and so you may incur roaming costs depending upon your mobile tariff.

11.  Suspension and ending the agreement 

11.1        We can suspend, restrict or stop providing the Services (all or part of them) and/or your Vodafone Smart Tech account in the following circumstances:

11.1.1        If we believe your App, Kids Watch or the Services are being used in a way that we do not allow under this agreement or in a way that is not allowed under the Smart SIM terms and conditions.

11.1.2        If we believe that your account or your mobile equipment or your Kids Watch is or has been gained in an unauthorised, illegal, improper or fraudulent way.

11.1.3        If you owe us any money related to your Subscription and you do not pay this when it should have been paid and we are unable to charge you for the due amount.

11.1.4        If you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the Vodafone network.

11.1.5        If you tell us that your Kids Watch has been lost or stolen.

11.1.6        If we are permanently unable to provide the Services to you.

11.1.7        If there is a change in applicable law, regulation or other binding rule that prevents us from providing you with any the Services. In these circumstances, we may also suspend your Vodafone Smart Tech account. We will try and tell you when we suspend, restrict or end your Services, but we do not have to.

11.2        In addition to the cancellation rights listed right above, we may discontinue providing the Services at any time upon 30 days’ prior written notice to you. We will reimburse any payments we have received from you (proportionate to the period of your Subscription you have not used) as soon as reasonably possible.

11.3        You may stop using the Services at any time, but you will still be responsible for paying the Subscription unless terminated in accordance with the Smart SIM terms and conditions.

11.4        If we have to interrupt the Services for maintenance or due to a technical fault on our network, you may be entitled to a partial Subscription credit based on the number of days you are without our Services. To receive a partial credit of your Subscription, you must report to us a severe disruption which we will assess against your typical usage history.

11.5        If the Services are materially degraded for an unreasonable period of time you may be able to leave us and receive a refund of any future Subscription fees already paid. Contact us to discuss your options.

12.  Variations 

12.1        We may add new services to the Kids Watch and make changes to, add or withdraw any of the Services at any time.

12.2        Some new services may be made available to you as add-on options that can be purchased in addition to an ongoing Subscription (“Add-ons”).

12.3        We may also make further improvements to the App, Services or Kids Watch, and change or introduce new terms to this agreement at any time. If possible, we will give you reasonable notice of these changes. The changes will apply when we publish details of them in a way which we consider is reasonable, for example by sending a notification via the App or when you enter a new Subscription or purchase an Add-on.

12.4        We may change our charges or introduce new charges. If we increase our charges, we will give you at least 30 days’ notice in a way which we consider is reasonable, for example by sending a notification in the App. If we believe any change in our charges will not disadvantage you, we may include it without telling you. Any change to your Subscription will be governed by the Smart SIM terms and conditions.

12.5        By continuing to use the Kids Watch, you agree to these changes. If you are not happy with any of these changes, you do not have to purchase any additional Subscription beyond your minimum term, or any Add-on, or use the Services.

13.  Liability and Exclusions

13.1        We will not be liable to you for any loss of income or profit, loss of use of the Services, the App or the watch, lost business, damage to property, or missed opportunities or loss or damage that: (a) is not directly caused by us: (b) which we did not reasonably expect at the time we entered into this agreement: (c) that are caused by your failure to comply with this agreement, the separate terms and conditions that apply to the Smart SIM or the App: or (d) any reasonable instructions provided to you in the App.

13.2        We will not be liable to you if we cannot provide the App or the Services because of something outside of our reasonable control.

13.3        Unless our negligence causes death or personal injury, our liability to you, for each claim or a series of related claims, will not be more than the value of the hardware and the then current Subscription costs, from the point when the liability arose or when the interruption to the Services occurred.

13.4        Except for any claim in relation to death or personal injury caused by our negligence, you have the sole right to bring a claim under this agreement.

13.5        The terms of this agreement will not affect any rights which you may have as a consumer under any law and which we cannot exclude by agreeing it with you.

14.  Personal Information

We will collect, use, store or share your information to provide you with the Services in accordance with our Privacy Policy.

15.  General 

15.1        We may transfer this agreement to anyone else at any time provided doing so does not adversely impact your rights under this agreement. If you want to transfer your agreement with us, you can if we agree. We will not unreasonably refuse the request. If we agree, we will treat you as having accepted this agreement and being responsible for any debt connected with it.

15.2        Except as stated in clause 13.4, this agreement is not intended to be for the benefit of, and will not be enforceable by, any person other than the Administrator (on behalf of themselves, Users and the Wearer) and us.

15.3        If you or we fail to enforce rights under this agreement, it will not prevent you or us from taking further action.

15.4        We will send you notices by post, voicemail, text, with the App or by email.

15.5        This agreement is governed by the laws of England and Wales. You or we may bring legal proceedings in a court in England or Wales to sort out a dispute under this agreement.

15.6        You can find additional information regarding the Kids Watch, the Services and the App in the Kids Watch FAQs.

15.7        Any problems using the Kids Watch, the Services or the App should be reported to our support team who will endeavour to help resolve the issue – please contact us on 191 from your Vodafone phone or 0333 3040 191 (from UK landlines or other mobiles). Alternatively, you may contact us by using the App or v.vodafone.com. If we cannot fix your issue, you may:

• ask that the matter is referred to an independent ombudsman under our Customer Complaints Code available on our website or by contacting us; or
• if you have an issue with goods or services bought online you can refer to the EC Online Dispute Resolution website at http://ec.europa.eu/odr. Further information on this complaints process is available on our website at http://www.vodafone.co.uk/vodafone-uk/forms/complaints/#

Contact us

If you need to speak to us or have a complaint, please contact us:
From a Vodafone mobile: please call 191
From UK landlines or other mobiles: 0333 3040 191 (from UK landlines or other mobiles).
Post: Vodafone House, The Connection, Newbury, Berkshire RG14 2FN; or
Website: http://www.vodafone.co.uk/vodafone-uk/forms/complaints/#

Vodafone Limited, The Connection, Newbury, Berkshire, RG14 2FN

Date: 12th November 2020