TERMS OF USE

Welcome to “Ilandguard” application (hereinafter “Ilandguard” and/or the “Application” and/or “App” and/or the “Website”).

ILandguard is an application/website that serves Users as a platform for ordering observation services in the subscriber’s area, using innovative and advanced means, and provides real-time alerts of unusual events in the property in which the observation is conducted, while updating the user through his cell phone.

All of the articulated in these Terms of Use (hereinafter also to be referred to as the “Agreement”) shall be in masculine language solely for purposes of convenience.

Use, entry and connection to the app/website, constitute as an approval that you have read and given your consent to be subject to this agreement and for any notice presented through Ilandguard company.

This Agreement constitutes the valid and binding agreement of the parties. Any prior agreement between the parties, whether written or oral, is void.

You hereby represent and warrant that you are qualified and competent to engage in this agreement, and insofar as to the extent that you engage in this agreement, you hereby represent that you are at least 18 years old. If you do not agree to the aforementioned, you are not permitted to use the app/websiteand/or use its services.

Since these Terms of Use are a legal binding contract, it is recommended that you read it very carefully.

  1. Definitions

 

  • ILandguard” company – The Application and/or the website and/or the “call center”.
  • The “Users” the “Subscriptions”: the users of the app/website who purchased the service from the company.
  • The “Use”, the “Service”: Anything that is offered on the app/website, including services, products, etc.

 

  1. Nature of engagement

 

  • In this agreement, you are engaging with Ilandguard Company No. 114875, mail address: Suite 5, 39 Irish Town GX11 1AA Gibraltar, by email: office@iland-guard.com phone number: +972-50-808-9737 and the website: iland-guard.com.

 

  • It is hereby clarified that company may be assisted by marketing companies or service providers in your area. However, this does not create any connection between you and the assisting companies.

 

  1. License for Limited Use

 

  • Subject to complying with the terms of this Agreement, you are granted with a license to use the app/website’s Services.

 

  • Insofar as to the extent that you are interested in implementing the Use for another, you must update him about the terms of this Agreement.

 

  • You undertake to maintain copyrights and/or intellectual property and/or other rights of the Company according to any law, and abstain from any damage and/or change and/or distort the contents of the app/website or harm any third party rights whatsoever.

 

  • The Company and / or anyone on its behalf does not undertake to maintain and/or backup any information that entered into the Application. You are solely responsible for maintaining the contents and their backups.

 

  • To date, the Company has succeeded in preventing approximately 98% of the exceptional cases in the assets in which the observation was carried out. The Company and / or anyone acting on its behalf do not undertake to detect all the events in the subscriber’s area and will not be liable for any damage caused to the User and / or anyone acting on his behalf due to the use of the app/website, an alter message and / or for any reason, including due to the Company’s oversight.

 

  • Therefore, the User and / or anyone acting on his behalf will not be entitled to apply to the Company for compensation for damages caused to the User as a result of the event that is the subject of the subscription.

 

  • The parties declare that the Company’s services do not fall under the any Guardians Law, and therefore the sections of the law do not apply to its services

 

  • It is hereby clarified that the Company may be assisted by marketing companies or service providers in your area. However, this does not create a commitment between you and the assisting companies.

 

  • The Company and / or anyone on its behalf do not undertake to locate all events in the subscriber’s property.

 

  • The Company and / or anyone on its behalf is permitted to attach the information you provided to the database we conduct in accordance with what has been prescribed in the law.

 

  • It is strictly prohibited to scan/robotically operate the app/website or impose an unreasonable burden on its servers. The app/website does not have an API database and if you are interested in developing interfaces you must receive written approval.

 

  • The Company and / or anyone on its behalf shall be entitled to terminate its activity at any time, and without notice, and there is no obligation to the availability of the app/website.

 

  • You undertake to provide the app/website and its users with correct information, and not to mislead, impersonate, defame, infringe privacy, or act against the law.

 

  • The Company and / or anyone on its behalf, shall not be liable for malfunctions caused by force majeure, cybercrime, intentional / unintentional malfunction, hostile action, war, terrorist act, natural disasters, malfunctionsin credit clearing companies, and for any reason whatsoever that is not a result of the activity of the Company,in both in deed and in omission.

 

  1. App/website’s services

 

  • Any service, which will be offered for sale on the app/website, will be placed on a purchase page, where information about that service will be provided (“Purchase Page”).

 

  • The Company and / or anyone on its behalf shall not be liable for direct and / or indirect damage caused by the use of the Service.

 

  • It is hereby clarified that the Company is not responsible for the User’s security specifications, and the Company shall not be liable for damages of the User, including damages caused as a result of the reduction of other means of security by the Subscriber or damages of a third party.

 

  • The Company does not provide security services, but rather connects to the existing photographic system and equipment. Therefore, the Company is not responsible for the quality of the equipment and its level of efficiency and shall not be liable in case of damage caused by improper equipment and / or malfunctioning equipment. The Company’s recommendations regarding the change in equipment and the method of guarding are only recommendations and the Company shall not bear any responsibility for its efficiency. Likewise, connecting the Company’s systems to the User’s equipment does not constitute a confirmation of their normality and / or efficiency and / or professional opinion regarding the equipment.

 

  • The observers view the user’s property and warn of an unusual event by sending notifications to the subscriber’s mobile.After the notification is sent, it is the sole responsibility of the subscriber to act at his discretion in accordance with the information received.

 

  • The Company does not provide camera installation services or repair of filming equipment.

 

  • The company connects to the filming equipment available to the subscriber and the subscriber is responsible for maintaining proper equipment and fast and suitable Internet connection.

 

  • The User hereby authorizes the Company to make the necessary changes in the equipment definitions, including changing the alarm settings from the DVR system and from the cameras, in accordance with its requirements.

 

  • The user must provide photography, electricity and internet infrastructures in place of the subscription

 

  • It is clarified that the subscriber must purchase insurance coverage, without subrogation, since the Company does not provide insurance services.

 

  1. Technical requirements for ordering the service:
    • Requirement for 15Mbps upload speed per each 9-cameras screen – You must perform tests with the observation center.
    • A permanent IP address from the ISP.
    • An additional web line for backup.
    • Backup to the electricity system for all the systems required for the observation center.
    • A UPS installation and a router connection, a DVR and all the cameras and equipment required to make sure that the observing services are not interrupted during a power outage.
    • A reasonable lighting, so that the location of the user can be clearly observed – You must perform tests with the observation center during the day and night.
    • A proper Android device with an Internet connection.
    • Make sure that in the location of use, there is a reception that will allow receiving service on the mobile device.
    • The user is responsible for ensuring that he has an internet package that will allow him to receive alerts to the subscriber’s mobile device.

 

  • Before the user orders the services from the company, he must ensure that he has proper cameras with reasonable resolution, as is customary in the market.

 

  • The quality of the photography is the sole responsibility of the user and depends on the number of cameras connected to the user property, the quality of the cameras, the angles of the filming, the number of cameras, the number of places where the observers observe concurrently, according to the category to which the subscriber belongs, etc.

 

  • When the observers at the center will identify an unusual event, they will send an alert to the user’s mobile device, as well as to all the mobile devices that use the name and password of the subscriber.

 

  • The user is responsible for providing the contact details, including of the user whom the call center can call at the time of the event, if the main user is not available.

 

  • The user is solely responsible for ordering the security services and / or medical services, if necessary, upon receipt of the warning.

 

  • The Company and / or anyone acting on its behalf are not responsible for damage caused to a user and / or anyone on his behalf due to the use of the app/website, due to the sending of an alert and / or for any reason whatsoever.

 

  • The user shall ensure that, during the use of the Service, the mobile device from which the user receives the Service is valid, connected to the Internet and directed at maximum volume in order for the user to receive notifications at any time.

 

  • After ordering the service, the observing center will connect the user to the services of the center, on the date determined by the Company and / or anyone on its behalf.

 

  • The user must test the service within 72 hours from the date of ordering the service to verify the quality of the cameras and mobile device.

 

  • According to the user’s definitions, the observing center will be observed with the cameras and at the times defined by the user, according to the hours of operation of the center, which will appear in the Company’s app/website.

 

  • The user must ensure that he has received from the observing center an approval of the services. The On / Off status confirmation appears on the app/website screen immediately after you change the status on the app/website.

 

  • When an event is detected, the observing center will send the user an alert via the app/website.

 

  • In the event that the user uses an alarm system connected to the company’s center, the company’s center will monitor with the cameras at the site and will send a warning to the user only if it sees something unusual, at its sole discretion in order not to send multiple false warnings to the user.

 

  • The Company is not liable for any damage caused at the place of subscription and may terminate the provision of the Company’s services at any time, at its sole discretion.

 

  • The agreement between the Company and the user is contingent on the user paying the monthly subscription fees to the Company.

 

  • If a user has not paid the subscription fee, the Company will be entitled to terminate the provision of the user services immediately and without any prior notice.

 

  1. Privacy Policy

 

  • Within the framework of the Service, the video shoots are not being recorded by the App/website and are not being stored. However, the Company may access the user’s video history via the DVR from the user, at any time.

 

  • Subject to the subscriber’s approval, the Company shall be entitled to record videos and / or save screenshots received at the Company’s system.

 

  • You hereby authorize the company and / or anyone on its behalf to send advertising offers as prescribed in the relevant laws in the country in which the service operates, regarding the Service and any other matter. If you are not interested in sending advertising materials, please send a notice to the app/website in the manner specified in the Agreement.

 

  • The Company will transfer any information it received to the competent authority according to the law, insofar as to the extent required or insofar as to the extent a duty is imposed on it according to the law.

 

  • You hereby grant authorization to the Company and / or anyone on its behalf to maintain your details in the app/website’s database in order to send marketing offers for Ilandguard and/or others. In addition, you hereby authorize Ilandguard to trade information and transfer it to the entity that purchased the information from the app/website, provided that the entity will act according to the law.

 

  • Selecting the “Contact Us” button followed by filling out the required user’s details (including name, email and phone number) in the relevant fields will enable the website to contact the user directly through the above details.

 

  • The User acknowledges that in the purchase of the Company’s services he gives the Company access to the user’s recordings, as well as an authorization to create and save copies of the photographs and to use them. “Use” – including for the purpose of controlling and improving the services provided, training in order to maintain the Company’s qualifications, marketing the Company’s services, etc.

 

  • The User undertakes that he acts in accordance with the laws of protection of privacy applicable to his place of activity. In addition, the Subscriber undertakes to update its employees / representatives / customers and all third parties regarding the existence of the cameras and to prevent situations in which third parties will be photographed in a way that violates their privacy and without their knowledge. The Company is not responsible in any way for any violation of the privacy laws

 

  1. Limited Liability

 

  • Any information on the app/websiteis provided”AS IS”and we do not undertake anything with respect to their accuracy.

 

  • The Company and / or anyone on its behalf reserve the right not to approve any engagement with certain Users, in the event that the payment provided by the useris not approved, or that the user does not comply with the terms of use of the app/website, or under any other accepted of law.

 

  • The app/website may include links to other internet sites. Nothing contained in these sites indicates the contents or reliability of the other internet sites. The app/website will not bear any liability in connection with information or services which appear on the other internet sites.

 

  • The Company and / or anyone on its behalf does not undertake to locate all events in the subscriber’s property.

 

  • The Company and / or anyone acting on its behalf are not responsible for damage caused to a user and / or anyone on his behalf due to the use of the app/website, due to the sending of an alert and / or for any reason whatsoever.

 

  • The Company reserves the right to make changes and removals, of any content uploaded to the app/website.

 

  1. Ownership of Intellectual Property

 

  • All the rights and/or intellectual property published on the app/website are proprietary to the company, and are protected according to the law, including, invoices, titles, computer code, matters, objects, characters, names, stories, dialogues, key phrases, locations, ideas, artistic presentations, animations, sound, musical creations, picture effects and sound, operation methods, customers’ lists, market segmentation, Users’ lists, graphics and information provided by the Users, etc.

 

  • The contents presented on the app/website are exclusively proprietary to the Company.

 

  • Save for personal use, any reproduction, copy, translation, storage in the database, broadcasting or reception in any manner whatsoever, in any electronic, optic and mechanical measures, or any other measure, unauthorized commercial use, wholly or partially, and/or creating any derivative work of the contents are strictly prohibited, and constitute, inter alia, a criminal offense, civil and contractual wrongdoing.

 

  1. Method of payment and purchase confirmation

 

  • All amounts presented to the user on the purchase pages do not include VAT, since the service order is from a company located abroad. However, if the obligation to pay VAT is imposed, the subscriber will be charged VAT according to the law.

 

  • When making the order for the services and / or products, the user will provide the details of the means of payment, the personal details of the owner of the means of payment, and contact details of the form of payment holder.

 

  • The connection service to the center will be provided to the user at no charge.

 

  • The payment for the monthly service will be made by credit card payment and / or by bank transfer to the Company’s account, as well as by other means of payment, in accordance to what is published on the app/website from time to time according to the sole discretion of the Company.

 

  • The Company’s bank account details are providing additionally by User’s request via email.

 

  • You undertake to use the means of payment according to law, and in accordance with the instructions of the owner of the means of payment and / or the issuer of the means of payment.

 

  • After the purchase, an invoice for the payment will be sent to the subscriber’s e-mail address entered by the user at the time of registration.

 

  • The user undertakes to provide accurate details about him and the means of payment.

 

  • The user undertakes to bear all the payments imposed on him according to the price appearing on the app/website.

 

  • The Company’s listings will constitute evidence that you have made a purchase.

 

  • You undertake to maintain your password and username and make it clear that an activity that included a password will be binding on you.

 

  1. Cancellation of purchase

 

  • The subscriber may cancel his subscriptions at any time. Cancellation will be done using the email address mentioned above and will take effect at the end of the current billing month.

 

  • The agreement between the Company and the User is contingent upon the User paying the monthly subscription fees to the Company. In the event that a User has not paid the subscription fee, the Company will be entitled to terminate the services immediately and without any prior notice. It should be emphasized that termination of the services does not erase the subscriber’s debt towards the Company.

 

  1. Updating the terms of the contract

 

  • The Company reserves the right to periodically update the above terms, at its sole discretion, without giving notice in advance.

 

  • Any changes will be required from the date of publication on the app/website.

 

  1. Indemnity

 

  • You undertake to indemnify the company and/ or anyone on its behalf for any claim, damage, loss, loss of profit, payment or expense incurred by it, including attorney’s fees and court costs, due to your breach of these Terms of Use.
  • All the more so, if you violate these terms of use, the Company will be entitled to disclose your name and details known about you in any legal proceeding and in general, even if no judicial order is given to that effect.

 

  1. Jurisdiction

 

  • Any dispute between the subscriber / user / purchaser will be discussed in the competent court in the state of Romania only, according to the laws applicable only to Romania.

 

  1. Notices to ILandGuard and submission of legal documents

 

  • Any notice to Ilandguard and/or servicing of legal documents to ILandGuard shall be deemed to have been delivered only after 7 business days from the date they were sent by registered mail with confirmation of delivery to the address mentioned in the preamble of the Agreement.

 

  • Delivering documents by registered mail or posting a notice on the entry door to the address registered on the User’s identification card or the address provided to the Application shall constitute service of process according to the law, even if the recipient does not permanently reside in this address.

 

  • Any mail or legal document that will be sent to the recipient’s address registered in his identification card or address provided to the Application shall be deemed to be delivered within 7 business days from the date of delivery.