Lollipop Baby Caring System Terms and Conditions
All these terms contain a dispute resolution and arbitration clause, including a class action waiver that may affect your rights under these terms with Lollipop. You may opt-out of arbitration and class waiver as provided below.
By accessing and using the services, you are agreeing to all the terms and conditions below. If you do not agree with any of these terms, do not access and use the services.
Therefore please carefully read these General Terms and Conditions.
Last revised: April 2022
1. Contents of Service
Lollipop provides:
- (1) a web site located at www.lollipop.camera and related domains(collectively, the “Sites”), and
- (2) services accessible through the sites(the “Web Service”) and software that may be downloaded to a mobile device(“Mobile Applications”) all for use with Lollipop’s related devices (the “Products”).
Collectively, the Sites, Web Service, Mobile Applications, Products are referred to in these Terms as the “Services”. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual term between you and Lollipop.
2. Additional Terms
Certain additional paid services or features that Lollipop may offer (such additional cloud data storage) have additional or different terms. The Limited Warranty, End User License Agreement (for software embedded in the Product), Privacy Policy, Website Terms of Service may govern your rights and are essential terms of use of the Product and applicable software and are incorporated into these Terms.
3. Prices and Payment Terms
3-1 Prices
Our prices differ from country to country. If you decide to purchase a subscription, the price that counts for you will be shown in the Lollipop App and Official website.
Please check the website third party appstore for current prices/subscription models and for available services. All quoted prices are exclusive of applicable value-added tax.
We reserve the right to change prices at our sole discretion. Any price changes will however have no effect on subscriptions you have already purchased.
3-2 Collection of fees
Fees for a subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through Apple store; in that case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.
3-3 Payment methods
If you book paid Lollipop Services by in-app purchase, you will be charged by the app store. Please inquire with the app store which payment methods are available to you. If you book paid Lollipop Services on our website, you will be shown a list of currently accepted payment methods during the ordering process from which you may choose. If payment is declined for reasons for which you are responsible (e.g., because the amount paid is not covered by funds in your account or because the limit of your credit card has been exhausted), We have the right to charge you for any costs and/or expenses actually incurred by Us as a result. We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.
3-4 Payment default
We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.
3-5 Coupon codes & promotions
To redeem your coupon either (a) apply the code to your order in your cart or (b) your code may be applied automatically in the cart. Any coupon code can not be applied to past orders retroactively, can not be used in conjunction with other discounts or coupon codes and may only be applied to one order. We may at our absolute discretion restrict who may enter into promotions for any reason.
4. Services License & Restrictions
Lollipop provides content through the Service that is copyrighted and/or trademarked work of Lollipop or Lollipop’s third-party licensors (collectively, the “Materials”). Materials may include logos, graphics, video, images, text, software, and other content.
Subject to these Terms, Lollipop grants you a limited, personal, non-exclusive, and non-transferable license to use and to display the Materials and to access and use the Services solely for your personal use.
The following things shall not directly or indirectly be done:
- (1) modify, disassemble, decompile, or reverse engineer any of the hardware or software that constitutes the Service;
- (2) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services to any third-party or use the Services on a time-sharing basis or to provide any security or other services for any third party;
- (3) make any copies of the software used to provide the Services;
- (4) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services;
- (5) delete the copyright and other proprietary rights notices on the Services;
- (6) attempt to access, monitor, or use Products of other customers without permission;
- (7) access the Services in order to build a similar or competitive product;
- (8) upload, transmit, or distribute any computer viruses, worm, or software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, or any other property;
- (9) interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services;
- (10) violate any applicable law or regulation.
5. Registration and User Accounts
To create an account you must submit your information through the registration page as prompted on the Mobile Application or our Sites. You may provide additional optional information during setup which is not required to register for an account but may be necessary to provide you with full Services or might be helpful to Lollipop in providing you with a more customized experience.
You will create a password that will allow you to log into the Services. You are responsible for maintaining the confidentiality of your password and for all activities that occur on your account. You agree not to share your password unless with your permission, let others access or use your password, or do anything else that might endanger the security of your password.
6. Product’s Owners and Members
The individual who first creates an account and sets up the Product is the owner of the Lollipop Product associated with that account and the primary account holder (“Owner”). Individuals who are authorized to access the Owner’s Products and Services by Owners are authorized users (“Members”) and are invited through the Mobile Application. Members may have the ability to use the Services and monitor the Products (for example, Members are allowed to see the live video or event video). Members are responsible for their own actions in connection with the Products and Services, but the Owner also agrees to be fully responsible for all actions taken by a Member relating to the Products and Services.
The owner can also invite other individuals to join the Service as new Members. So Owners should be aware of authorizing only those individuals that you trust to access your account and the Services.
If you transfer your Lollipop device to a new owner, your right to use the Services with respect to that device will automatically terminate. The new owner cannot use the Lollipop Product or Services under your account and will need to register for a separate account with Lollipop.
7. System Requirements
You are responsible for having all the required software, hardware, and other system elements and making sure that they are compatible and properly configured. You acknowledge that Lollipop cannot provide the Services properly if requirements and compatibility are not met, and you will not receive notification and event videos from your Lollipop device when the Products’ internet connection or power is lost, not operating properly, cut, or interfered with, or the Product is damaged or destroyed.
You must have a working broadband internet connection and a Wi-Fi router (802.11 b/g/n) near the Products’ location. A supported mobile device (to use the Mobile Application), and other hardware, software, equipment or items specified by Lollipop from time to time. We recommend a high-speed internet connection with at least 1Mbps of upload bandwidth. Lollipop reserves the right to change any of the minimum system requirements at any time.
8. Security
Lollipop cares about the integrity and security of its users’ personal information. And we use industry best practices when it comes to security. Despite that, Lollipop cannot guarantee that unauthorized third parties will never be able to defeat the Lollipop security system. You acknowledge that you provide your personal information and your use of the Services is at your own risk.
9. Privacy
Your privacy matters to us. Learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to read the Privacy Policy carefully because, by using our Services, you agree that Lollipop can collect, use, and transfer your data consistent with that policy.
10. Changes
Our Services are constantly evolving to help us deliver exciting and useful improvement to you. Lollipop may make changes to, suspend, or discontinue the Services at any time in order to provide you these updates. Lollipop is not liable to you or to any third party for any modification, suspension, or discontinuance of the Services. Lollipop may also change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Lollipop website, by providing notice through the Services, or by emailing you of any changes. By using the Services after Lollipop has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must immediately stop using the Services.
11. Termination and Suspension of Services
These Terms continue in effect while you access and use the Services. At any time, Lollipop may
- (a) suspend or terminate your rights to access or use the Services, or
- (b) terminate these Terms if Lollipop in good faith believes that you have used the Services in violation of these Terms, including any incorporated guidelines or terms.
Upon termination of this Agreement, your right to use the Service will automatically terminate. The proprietary rights, disclaimer of warranties, representation made by you, indemnities, limitation of liability, governing law & jurisdiction, and general provisions shall survive any termination of these Terms.
Lollipop may temporarily suspend the Services without notice for security reasons, system failure, maintenance, and repair, or other circumstances, Lollipop does not offer any specific uptime guarantee for the Services.
12. Application Warranty
Lollipop does not warrant that the Mobile Application will be compatible with your mobile device. Other applications may interact with the Mobile Application in unpredictable ways, and Lollipop does not warrant against malfunctions or errors caused by such interactions.
Lollipop grants to you a non-exclusive, non-transferable, revocable license to use any object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you for your personal use in connection with the Services.
The following additional terms and conditions apply with respect to the Mobile Applications:
- You acknowledge that these Terms are between you and Lollipop only, and not with Apple, Inc. or Google, Inc.
- Your use of Lollipop’ Mobile Application must comply with Apple’s then-current App Store Terms of Service and Google’ then-current Google Play Terms of Service.
- Lollipop is solely responsible for our Mobile Application and the Services. You acknowledge that Apple and Google have no obligation to provide maintenance and support services with respect to our Mobile Applications.
- You agree that Lollipop is solely responsible for addressing any claims by you or any third party relating to the Mobile Applications, including, but not limited to: (i) product liability claims; (ii)any claim that the Mobile Applications fails to conform to any applicable legal or regulatory requirement; and (iii)claims arising under consumer protection or similar legislation and that all such claims are governed by these Terms and any applicable laws.
- You agree to comply with all applicable third-party terms of agreement when using the Mobile Applications.
- The parties agree that Apple and Google are third-party beneficiaries to these Terms as they relate to your license of Lollipop’s Mobile Applications.
13. Limit of Liability
Lollipop’s equipment and Services cannot eliminate occurrences of the events they are intended to detect or avert, including Sudden Infant Death Syndrome (SIDS), injuries of infant, fires, floods, burglaries, or other external injuries which has no related with Lollipop. Lollipop makes no guarantee or warranty that the Lollipop product or Services will detect or aver such an incident. You release, waive, discharge, and promise not to sue or bring any claim of type against Lollipop for loss damage, or injury relating in any way to the Product or Services.
Lollipop and its licensors and suppliers make no warranty that defects will be corrected or that the Services (i) will meet your needs or requirements; (iI) will be compatible with your home network, computer, or mobile device; (iii) will be available on an uninterrupted, timely, secure, or error-free basis; (iv) will be accurate or reliable; or (v) will give notifications at any given time or at all. No advice or information, whether oral or written, obtained by you from Lollipop or through the Services shall create any warranty.
Human error is always possible, and the response time of police, fire, and medical emergency personnel is outside the control of Lollipop. You may not receive alarm signals if communication lines or power is interrupted for any reason.
MOBILE NOTIFICATION FROM YOUR LOLLIPOP PRODUCT ARE PROVIDED FOR INFORMATION PURPOSES ONLY.
If any other person, including your subrogation insurer, makes any claim or files a lawsuit against Lollipop in any way relating to the Products or Services, you shall indemnify, defend, and hold Lollipop harmless from claim or lawsuit, including the payment of all damages, expenses, costs and attorney’s fees.
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