By ordering a LeakBot (Leak Detection Device) via LeakBot USA Inc a Delaware USA Registered Agent Corporate Services Company (CSC) with its principal place of business located at 51 Little Fall Dr. Wilmington, DE 19808, you agree to the following Terms and Conditions. Please read them carefully – important terms are highlighted in bold.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A TRIAL BY JURY.
These Terms and Conditions will apply to any contract between us for the order of a Device to you (Contract). If you do not accept these Terms & Conditions, you will not be able to order a LeakBot from our site. We suggest that you print a copy of these Terms & Conditions or save them to your computer for future reference. We may amend these Terms & Conditions from time to time. Every time you order a LeakBot from us, the Terms & Conditions in force at the time of your order will apply to the Contract between you and us.
The Contract
Your right to end the Contract and refunds
6. If you have purchased a LeakBot you can always end the Contract if:
You will have 30 days from the day of delivery to reject the faulty or non-conforming LeakBot. During this 30-day period, you may choose to have LeakBot replaced. If LeakBot is still faulty or non-conforming after a replacement or replacement is not possible within a reasonable time and without significant inconvenience to you, you will be entitled to reject the LeakBot or to a price reduction.
Refunds
7. If you cancel your Contract we will:
a) where relevant, refund you the price you paid for the LeakBot. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the LeakBot if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
b) where relevant, refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the LeakBot within 3-5 days at one cost but you choose to have the LeakBot delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
c) Subject to 7(a) and (b), reimburse all payments received as follows:
i. No more than 14 days after the day on which we were informed about your decision to cancel the Contract; or
ii. If you had already received LeakBot, 14 days after the day we receive back the LeakBot in a resalable condition (i.e. in original box and not tampered), and iii. Using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. If the payment method you used is not available for refunds we shall attempt to reimburse you by such lawful and appropriate mean as you may reasonably advise provided that such means are advised to us within the aforementioned 14 day period. We shall have no liability to refund you in any other circumstances.
8. If you have returned the LeakBot to us because it is faulty or mis-described, we will, if relevant, refund the price of the LeakBot in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Unless the LeakBot is faulty or not as described you will be responsible for the cost of returning the LeakBot to us.
Delivery
Price of products and payment
13. The price, if applicable, of a LeakBot will be as quoted on our site at the time you submit your order. Our prices include Sales Tax. We take all reasonable care to ensure that the price of LeakBot is correct at the time when the relevant information was entered onto the system. If we discover an error in the price of LeakBot(s) you ordered, the following shall apply:
a. where LeakBot’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching a LeakBot to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide LeakBot to you at the incorrect (lower) price; and
b. if LeakBot’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase a LeakBot at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
LeakBot
Installation Criteria: For LeakBot to successfully detect water leaks on the internal fresh water plumbing system, the following criteria need to be fulfilled:
Please see LeakBot packaging and the associated insert that came with your device for full installation instructions.
PLEASE NOTE:
– LeakBot does not detect the following:
17. If LeakBot cannot / does not comply with the Installation Criteria, we reserve the right to deactivate LeakBot and offer you, if applicable, a refund of the price you have paid for the LeakBot.
Manufacturer warranty
18. LeakBot comes complete with a 1 year warranty. If anything does go wrong , we’ll happily replace your old LeakBot for a brand new one and cover any associated shipping costs. If you do need to return your LeakBot please call (833) 532–5268
General
19. We will not be liable or responsible for any failure to perform, or delay in performance (for example delivery) of our obligations under the Contract where this is caused by Event Outside Our Control, meaning any act or event beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms & Conditions, we will contact you as soon as reasonably possible to notify you and we will endeavour to provide you with a LeakBot as soon as reasonably possible. You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish for us to provide a LeakBot.
20. LeakBot is only for domestic and private use. You agree not to use LeakBot outside of the United States or for any commercial, business or resale purposes. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21. To the fullest extent permitted by applicable law, we are not responsible for the following:
22. We may deactivate your LeakBot on 7 days’ notice in writing (including by e-mail) where you harass or use abusive or threatening behaviour towards our staff or where we have reasonable grounds to believe that LeakBot is being used for any commercial, business or resale purposes or otherwise in breach of these Terms & Conditions.
23. We may deactivate your LeakBot with immediate effect where we reasonably suspect fraud or suspect that you have exaggerated or deliberately given us incorrect information relating to this agreement. In this case, you are not entitled to a refund of the price you have paid for your LeakBot.
24. We may deactivate your LeakBot on a minimum of 7 days’ notice in writing (including by e-mail) if you receive a LeakBot free from your insurance provider and:
a. your policy of insurance with that insurer is cancelled or it expires; or
b. our arrangement with your insurance provider comes to an end.
If your insurance provider offered you a free (or discounted) repair(s) with your LeakBot, then following such deactivation you will no longer be entitled to receive such free (or discounted) repair(s). To the extent we are legally able to do so, we will contact you prior to any disconnection under this Paragraph and provide you with the option to continue to receive the benefit of the LeakBot under a separate service plan to be paid for by you.
25. If you received your LeakBot free from your insurance provider you must only install the LeakBot at the property which is insured with that insurance provider. If you move to a new house and stay with the insurance provider through whom you obtained the LeakBot you:
26. If you have purchased the LeakBot directly from us and you install it in a premises which you do not occupy, you must make the occupant aware of the presence of the LeakBot.
27. We may update the software in your LeakBot remotely from time-to-time and without notifying you in advance. Any updates will be to improve the effectiveness, security and / or the performance of the LeakBot. Notwithstanding any such updates, the LeakBot will continue to have substantially the same basic functionality as when you purchased it.
28. Any and all intellectual property rights in the LeakBot belong to us.
29. You agree not to
30. We will also collect data that relates to your water use from your LeakBot from time-to-time to provide you with an Alert. Where LeakBot Limited processes personal data, this will be done in line with its privacy policy which can be found at https://leakbot.io/privacy-policy/.
31. We may transfer our rights and obligations under these Terms & Conditions to another organization. We will always notify you in writing if this happens and this will not affect your rights or our obligations under this Contract.
32. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
33. This agreement does not give rise to any rights that may be exercised by or enforced on behalf of third parties or those not directly bound by this agreement.
34. Each of the paragraphs of these Terms & Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
35. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
36. If you have any questions or complaints, please call us at (833) 532–5268 or email us at help.us@leakbotsupport.com.
37. These Terms & Conditions are governed by the laws of the State of Washington, exclusive of its choice of law principles.
38. To the fullest extent permitted by applicable law, (1) you agree that LeakBot USA Inc and its Affiliates (meaning their respective parents, affiliated companies, successors or assigns), and any Representatives (meaning approved technicians, managers, officers, directors, employees, agents, insurers, contractors and similar parties acting on its behalf of LeakBot USA Inc or its Affiliates) shall not be liable to you or anyone else for: (a) any actual losses or direct damages that exceed $10,000 relating to any repairs performed by or on behalf of LeakBot USA Inc or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenues, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by or on behalf of LeakBot USA
Arbitration or Trial
39. YOU AND LEAKBOT USA INC AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
LeakBot Mobile App
PLEASE READ THESE LICENSE TERMS CAREFULLY
BY INSTALLING THE LEAKBOT APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT INSTALL THE APP.
PART 1 – USE OF APP
Who we are and what this agreement does
We LeakBot Limited, 6th Floor, 60 Gracechurch Street, London EC3V 0HR (registered in England with number 08442778, VAT No: GB438387165) license you to use:
as permitted in these terms.
Play Store / App Store’s terms also apply
The ways in which you can use the App and Documentation may also be controlled by the Google Play Store or Apple App Store rules and policies
(https://www.apple.com/uk/legal/internet-services/terms/site.html and
https://play.google.com/intl/en-GB_us/about/play-terms/index.html) and Google Play Store or Apple App Store’s rules and policies will apply instead of these terms where there are differences between the two. Downloading the App will only be available on supported devices as mandated by Play Store and Apple App Store.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at www.leakbot.io.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@leakbot.io.
UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE WILL COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
When you use the App, we will collect and use technical information about how you use the App and the devices you use the App on to improve our products and provide any Services to you.
WE COLLECT LOCATION DATA WHEN YOU REGISTER AND INSTALL YOUR DEVICE
When you register and install your LeakBot using either an iOS or Android device, we ask your permission to access your location data to help us look up your address and connect LeakBot to your Wi-Fi. Once the registration and installation process is completed, we will not collect your location data any further. You can update your preferences at any time in
your device settings to prevent the App from collecting your location data. However, if you do not provide permission during the registration and installation process you may not be able to receive some or all of the Services.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENSE RESTRICTIONS
You agree that you will:
(Permitted Objective), and provided that the information obtained by you during such activities:
○ is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
○ is not used to create any software that is substantially similar in its expression to the App;
○ is kept secure; and
○ is used only for the Permitted Objective;
ACCEPTABLE USE RESTRICTIONS
You must:
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed 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. 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 your contract with us and receive a refund for any Services you have paid for but not received.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS (OR WE CAN DEACTIVATE YOUR DEVICE)
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way or if we have deactivated your LeakBot device pursuant these Terms and Conditions. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
PART 2 – USE OF LEAKBOT DEVICE
PART 3 – EXTRA TERMS FOR CUSTOMERS WHO ACQUIRED DEVICES FROM NON-AUTHORIZED PARTIES
LeakBot Limited sells and distributes LeakBot from its website and through authorized partners e.g. insurance companies. Only devices obtained through these channels are automatically entitled to receive Alerts.
If you have acquired a LeakBot through any other channel (for example, you acquired it on Ebay or it is second-hand’) you are not automatically entitled to receive Alerts. We may permit you to register a LeakBot and to continue to receive the Alerts for a limited period of time.
We may, at any time, contact you and provide you with the option to continue to receive the benefit of the LeakBot under a new service plan to be paid for by you. If you decline this option we may deactivate your LeakBot on a minimum of 7 days’ notice in writing (including by e-mail).
LeakBot Limited only sells and distributes LeakBot in countries and states where the device has been tested and has been proven to work. If you have not obtained the LeakBot through one of our authorized channels we cannot guarantee the LeakBot will operate correctly where you live.
Version: July 2023