Datamars Terms & Conditions

Introduction

Please read these terms carefully. When you buy a collar or other hardware or device ("Device") from Datamars, you have the option to download our App (which is available via the website ("Website").You can access Subscription options, seek help about the Device and your Subscription, and learn about how we process your personal data on the Website.

You can purchase the Device without downloading the App, however certain Device features may not be available to you if you choose to do so. You will be able to activate and manage your Subscription and gain more information about the Device if you do choose to download the App.

More information about the Device and App can be found by clicking here. The ways in which you can use our App may be subject to the Apple App Store or Google Play Store (each, an "App Store") rules and policies, and some of the App Store's rules and policies will apply instead of these Terms where there are differences between the two.

This document contains important details about any Device and Datamars Subscription you purchase from us, (“Terms”) such as:

1. The terms and conditions on which we supply the Device to you;
2. How long your Subscription will be;
3. How to pay for and cancel your Subscription.

Some words are capitalised in these Terms. This means that they have a defined meaning, and we have explained words used throughout the Terms in the glossary below for easy reference.

By purchasing a Device and Subscription on the Website you agree to these Terms, which, once you receive a confirmation email from us, creates a binding contract between Datamars and its group companies and you. You are subscribing to Datamars, which allows you, during the term of your Subscription, to access the Datamars Services on Supported Devices.

Glossary and General Terms

“Device Safety Terms” means the safety terms and conditions available https://www.kippy.eu/safety-terms-and-conditions;

“Annual Subscription” means a rolling annual subscription, which is paid upfront;

“App” means the application you can download free of charge via the link on the Website to operate the Device;

“Content” means software, text, graphics, images, video, audio, data and other material are made available to you through the Services;

“Datamars Services” or “Services” means use of the software embedded within the Device, the Subscription service(s) used in conjunction with the Device, and the services, features, Content, App, Website (or other linked pages) or applications offered, from time to time, by Datamars in connection with them.

“Minimum Term” is 4 months from the date on which we accept your order for a Monthly Subscription;

“Monthly Subscription” means a rolling monthly subscription with an initial Minimum Term;

“Order” means the order for the Device made by you through the Website;

“Payment Methods” means the payment methods set out in Section 6.2;

“Refund Period” means 14 days from the day after the date of starting your Subscription;

“Subscription” means your paid for access to the Datamars Services, including a Monthly Subscription and/or an Annual Subscription;

“Supported Device” means Internet-connected mobile devices, desktop computers, and other supported devices; and

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Information About Us and How to Contact Us

Who we are. We are Datamars Digital Solutions, a company registered in Switzerland. Our company registration number is CHE-162.801.564 and our registered office is at Via Industria 16, 6814 Lamone.

Our brands. Datamars is the owner of the brands “Kippy” and “Petlink”.

How to contact us. You can contact us by telephoning our customer service team or by writing to us here.

How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Order.

Terms relating to our Devices

Ordering, Conclusion of Contract and Payment

When you place an order for a Device on the Website, you permit us to charge the credit card, debit card or other payment method you have chosen for your purchase, and as is compatible with the payment terms currently offered in your country, in the total amount of your order (including any shipping charges and taxes).

Your order is not automatically binding for us, and we reserve the right to reject your order. For example, we may reject your order if you do not live in a country from which Devices may be purchased via the Website or if you order more than the permitted maximum number of Devices.

We will send you without delay an email confirming receipt of your Order and an order number that you should refer to if you have any follow-up queries. You should check and amend any errors before submitting your Order to us. Your contract with Datamars becomes effective at the time you place your Order but is subject to the condition that Datamars thereafter sends a second email confirming your Device has been shipped. As mentioned in the section on "Delivery" below, there may be circumstances in which we cannot ship a Device to you. If your Order contains more than one item, not all of which ship at the same time, the contract for those items that have not shipped will also be subject to the condition of our sending an email confirming shipment of the remaining items.

Our Devices

Variations. We have made every effort to display the Device accurately on the Website or App, your Device may vary slightly from those images.

Instructions. Please carefully read any instructions that come with the Device, including Device Safety Terms. Datamars provides the Device for you to track your pet. The Services and any results or Content displayed via the Services, whether provided by us or third parties, are not medical advice and are not intended to substitute advice from a veterinarian.

No substitute for veterinary advice. The Services do not and are not intended to diagnose, prevent, monitor, treat or alleviate animal disease, or diagnose, monitor, treat, alleviate or compensate for an injury to your pet, or perform any other tasks that constitute the practice of veterinary medicine, and all Content available through the Services is for general informational purposes only. Use of the Services, or communication with us via the internet, e-mail or any other means, does not create any veterinarian-patient relationship. If you have any health related questions relating to your pet, please call or see your veterinarian. You should never disregard veterinary advice or delay in seeking veterinary advice because of any Content presented on the Services, and you should not use the Services or any Content on the Services for diagnosing or treating a health problem relating to your pet.

Enhanced functionality. In order to make use of any enhanced functionality of your Device, you have to create a Subscription or open a customer account via the App if you do not yet have one. Further, you agree to comply with any software license agreements applicable to your use of software on the Device. We may also provide software updates/upgrades that you will need to install in order to maintain the conformity of the functionalities of your Device and/or Services, and/or make the best possible use of the functionality of your Device and/or Services on your Device. Use of that software may be subject to additional licensing terms. Where the updates/upgrades are not strictly necessary, please note that you have the right to refuse the update or, where possible, to uninstall it, if the update has a negative impact on your access to or use of the Device and/or Services.

Personal use & gifts. You may only purchase Devices for your personal use. The Device is designed for use on pets only and is not suitable for commercial farming or for human use. You may not commercially resell any Device, but you may give the Device as a gift. Recipients of gifts may need to open and maintain a Subscription in order to receive any support offered by Datamars. These Terms apply to any gift recipient.

Battery life. Battery life for your Device, as described in any Device description page, will depend on Device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary.

Storage capacity. Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity may be less than the memory listed in any Device description page on the App or Website.

Conformity with the contract. We are under a legal duty to supply the Device in conformity with these Terms. Nothing in these terms will affect your legal or statutory rights.

Delivery. We may not be able to deliver to all locations. Please consult our App or Website for locations to which we will deliver your Device. If Datamars does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order. The Device will be your responsibility from the time we deliver it to the address you gave us. The costs of delivery to you or a third party nominated by you, will be set out in your Order or, if delivery costs are not listed in the Order, as communicated to you separately. We are not responsible for delays outside our control. If we are delayed in delivering the Device to you by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay and work with you to rearrange a time period for delivery. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Device.

If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect the Device from the location identified by us, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Device to you. If so, this will have been communicated to you prior to you making your Order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract. We will not be responsible for supplying the Device late or not supplying any part of the Device if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Your Rights when you Buy a Device

This clause only applies to consumers located in the EEA, UK and Switzerland.

Your right to change your mind. Subject to the remainder of Section 4, if you are a consumer based in the EEA, UK or Switzerland and you bought the Device online, you will have a right to change your mind within 14 calendar days of the day after the Device came into your, or your nominee’s, physical possession, and receive a refund.

Customised or personalised products. You do not have a right to change your mind if the Device is customised, personalised, or bespoke to you ("Customised"). Whether your Device has been Customised or not will depend on the individual circumstances of your purchase, but please note that modifications may result in your Device being Customised.

How to tell us you’ve changed your mind. Please contact us using the contact details set out at the beginning of these terms. When writing to us, you can also send us the cancellation form set out at the end of these Terms (although using the form is not mandatory).

Returning the Device. If you change your mind, then unless we agree otherwise, you are responsible for arranging return to us and the associated costs. You must send off the Device within 14 calendar days after the day which you told us that you changed your mind.

How we will refund you. We will refund you the price you paid for the Device including any standard delivery costs (if we delivered the Device to you). However, we may make deductions from the price, as described below.

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Device if this has been caused by your handling of it in such a way that goes further than is necessary to check the nature, characteristics and functioning of the Device. If we refund you the price paid before we are able to inspect the Device and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount as specified by us; and

If we arranged delivery of the Device to you, and you chose a method of delivery other than the less expensive one, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

When your refund will be made. We will make any refunds due to you within 14 calendar days from the day on which we receive the Device back from you or, if earlier, 14 calendar days from the day on which you provide us with evidence that you have sent the Device back to us. If we have offered to collect the Device, we will refund you through the original method of payment within 14 days of your telling us that you have changed your mind.

If you have another right to terminate the contract. If you have another legal or contractual right to terminate the contract, usually if we have done something wrong, then we will refund you the price of the Device (to the extent paid) and any standard delivery costs to return the Device.

Terms relating to your Subscription

Your Subscription

By purchasing a Subscription, you agree that you are over 18 years old. If you are under 18, please ask your parent or guardian to purchase the Subscription instead.

You can select one of Subscription packages available for customers by Datamars. Information about our Subscription packages is available on the Website.

Your Subscription begins on the date you receive confirmation from us, and will be billed either monthly, if you have purchased the Monthly Subscription, or billed upfront, if you have purchased the Annual Subscription.

The length of your Subscription, the Minimum Term and the renewal period depends on the Subscription package you select.

Details regarding your Subscription term and status can be viewed and managed in your account settings. To use the Datamars Services you must have Internet access and a Supported Device and provide us with one or more Payment Methods as described below in the Payment, Billing, & Price Changes Section below.

Cancellation & Refunds of Your Subscription

You can cancel your Subscription by following the steps set out below.

Unless prohibited under applicable law, the Monthly Subscription has a Minimum Term. Unless you are exercising your ‘Right to cancel’ as set out in Section 6.4 below, the Monthly Subscription cannot be cancelled or terminated by you during the Minimum Term.

Unless you cancel in accordance with the provisions under Section 6.5 below:

your Monthly Subscription will renew each month after the initial Minimum Term;

your Annual Subscription will renew each year.

Right to Cancel your Subscription. You can contact us within 14 calendar days of starting your Subscription to cancel your Subscription and receive a refund as follows: to exercise your right to cancel, you can either: (a) click the ‘cancel subscription’ button on your account settings; or (b) contact us during the same period to let us know you would like to cancel. We will provide with a written confirmation of your cancellation as soon as reasonably possible. You can also send us a completed model cancellation form (example shown at the end of these Terms). The Subscription starts immediately after your purchase as requested by you at the time of purchase (by clicking the relevant box before payment). If you have used your Subscription during the 14-day cancellation period before contacting us to cancel your Subscription, you must pay us the amount proportionate to the services supplied before cancellation.

Cancellation of your Subscription. After you have completed the Minimum Term of your Monthly Subscription, or if you have an Annual Subscription, you can cancel your Subscription by clicking the ‘cancel subscription’ button which can be found in your account settings.

After the Refund Period (except where you are entitled under law) your Subscription fee is non-refundable and Datamars will not provide a refund or credit for partially used Subscriptions. If you have any problems with the Services or your Subscription, please contact us here.

If you cancel your Subscription, your access to the Datamars Service will end on the day before your next billing date.

Service, Device, & Content Limitations

Your Subscription to use and enjoy Datamars comes with some limitations. Datamars content is regularly updated. We may add or remove Content from the Datamars Services, provided that such changes do not materially affect the user experience.

We may suspend or terminate your Subscription if you are in serious breach of these Terms.

General terms applicable to the Device and your Subscription

Payment, Billing & Price Changes

You can pay with your credit card or debit card, which, if you have a Monthly Subscription, we’ll charge each month your Subscription is active.

Payment Methods. You may pay for your Subscription using a valid Visa, MasterCard, or Visa Electron credit card or debit card, PayPal or other online payment system, (each a "Payment Method"). You agree that your selected Payment Method will be charged by Datamars when you subscribe. You agree to pay all amounts due at the time you place your Order. Confirmation of your Order will be sent to the email address on file for your account. If you use an international credit card to purchase a Device, the Device price will be charged and processed in local currency. If the same Device is returned, the refund will also be processed in the same currency. If you use an international credit card to purchase a Device, your credit card company may additionally charge a foreign transaction fee on top of the Device price.

Updating your Payment Methods. You may update your Payment Methods in your account settings. Following any update, you authorise us to continue to charge the applicable Payment Method(s).

Monthly Billing Cycle. Monthly Subscription fees, and any other charges you may incur in connection with your use of the Datamars Services, will be charged to your Payment Method on a monthly basis.

Device Prices. The Device price displayed on the Website does not include any shipping charges, nor does it include any Subscription fee. All prices include applicable VAT and/or sales taxes.

Taxes. Applicable taxes will be included in the price of the Device and may not be separately presented at checkout or on the Device description page before you place your order and may not be separately itemised on the purchase confirmation of the email confirming receipt of your order.

Price Changes. We can update the price of the Subscriptions from time to time. If we do so, we will provide you with at least 30 days’ notice of the change. If you are not happy with the change and you would like to cancel your subscription, please follow the steps set out in Section 6.5 above.

Our Liability & Responsibility to You

As a consumer, you have certain rights under law and nothing in these Terms can, or is intended to, limit or remove these rights. We will always be responsible to you for the following: (a) death or personal injury arising as a result of our negligence; (b) fraud; or (c) any other liability that cannot be excluded or limited under applicable law, such as wilful misconduct or gross negligence.

Other than explained in this Section 9 we are not responsible to you for any damages, losses or costs relating to your use of the Device or Datamars Services in a way that isn’t permitted under these Terms.

Otherwise, we are only responsible to you for any damages, losses or costs which result from us not performing our obligations under these Terms and which could have been reasonably foreseen by us and you when entering into these Terms.

In particular, Datamars and its subsidiaries and affiliates, including suppliers, shall not be liable (whether under contract, tort (including negligence) or otherwise) for:

losses that were not caused by our breach of these Terms;

any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Datamars breaching these Terms; or

loss of data stored on the Device, or inability to access data.

We have taken every reasonable care in the provision of the Services.

Data Privacy, Collection & Use

We will collect, process, and use your personal information in accordance with our privacy notice which can be accessed here.

You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Datamars for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to us. We will not be responsible for any use or disclosure of any data that resides on a Device. If you tell us that you have not received your Device, the Device is defective, or it has been lost or stolen, we may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.

Device Features Outside of Datamars Control

You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider (each, a "Wireless Carrier") or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your Wireless Carrier for compatibility and mobile data plan availability.

If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a WiFi access point as described in the Device technical specifications.

You agree that, unless specifically provided in any Device description page, Datamars has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that we do not control.

You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Datamars makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.

Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).

Promotional Offers

We can offer you special deals or promotions for Datamars. Through the Datamars Services, we may from time to time provide you with promotional offers, plans, or subscriptions for additional products or services from Datamars. If a Datamars-provided offer mistakenly lists an incorrect price or offer term, Datamars can refuse or cancel any orders placed for the offered product or service, whether or not the order has been confirmed and whether or not you have been charged for such offer, product, or service.

Customer Support

1. To find more information about the Datamars Service and its features, or if you need assistance with your account, please visit here.

Changes to these Terms

1. We may occasionally need to update these Terms. We will provide you with at least 30 days’ notice before the new Terms become effective, unless a change is needed by law or for emergency reasons. If you are not happy with the updated Terms, please do not continue to use or access your Subscription. If you have any questions about any changes to these Terms, please contact us here.

Other Important Terms

Each section of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.

We can transfer our contract with you under these Terms to another company, provided that this does not affect the standard of the Datamars Services which are provided to you.

These Terms are governed by Swiss substantive law (under exclusion of the UN CISG) and the courts in Lugano, Switzerland, shall have exclusive jurisdiction in case of any dispute. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms affects your rights as a consumer to rely on such mandatory provisions of local law. You may bring any dispute which may arise under these Terms, at your discretion, either to the competent court in Switzerland, or to the competent court of your country of habitual residence. Further, nothing in these Terms may be interpreted as limiting or avoiding the application of articles 86 to 91 and 114 to 116 of Spanish Royal Legislative Decree 1/2007, on the Defense of Consumers and Users, those articles prevailing at all times in case of conflicts.

Last Revised: November 1, 2024

Model withdrawal form