Tempsafe Terms of Use

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Warranty Period:

One (1) year warranty from the manufacturer for the Customer.

Warranty:

 

Virtech warrants to the Customer, in accordance with the following provisions, that its hardware products, purchased by the Customer directly from Virtech or from an authorized distributor/reseller of Virtech, are free from defects in materials, workmanship and design affecting normal use for a period of one year from the original purchase date. Products for which a proper claim is made shall be, at Virtech's discretion (in those jurisdictions where such decision lies in Virtech's power), repaired or replaced at Virtech's expense. All the parts removed from the repaired products shall become the property of Virtech. Virtech uses parts from various manufacturers to make repairs. The parts may be new or refurbished (except when by law Virtech must use new parts in the repair) and of equivalent or higher quality and technology, with respect to the original product specifications.

Exclusions

This warranty does not apply to defects arising from: 

  • normal wear and tear;

  • suitability of the product for a particular purpose or use;

  • third-party products, such as software, whose warranty shall be delivered to the Customer directly by the manufacturer or licensor of said products;

  • any instruction given by the Customer and performed by Virtech;

  • causes not attributable to defects of manufacture and/or defects of material;

  • product defects which do not cause a discrepancy between what is offered and what is delivered; 

  • replacement of parts, repair or attempt to repair the product by persons not authorized by Virtech; 

  • lack of maintenance or service of the product in accordance with the indications in the instruction manual; 

  • accidents or negligence in use of the product; 

  • abuse or improper use of the product or use other than normal use, or not in accordance with the instruction manual; 

  • bad connection of the product to other products indicated in the instruction manual or connection of the product to any equipment other than those; 

  • presence of sand, spills from liquid substances, water, burns or any foreign element inside the product; 

  • spikes or drops in voltage in the network or connection of the product to networks whose voltage does not correspond to that listed in the instruction manual; 

  • damage caused by floods, earthquakes, fire, electrical storms, impacts, and/or incorrect transport; 

  • any disposable part, for example batteries, unless damage is due to a defect in the materials or workmanship; 

  • if any Virtech serial number or service label has been eliminated or erased; 

  • breakage or cracking of LED or screen; 

  • force majeure or act of God, and, in general, any event that is outside the possible control of Virtech.

 

How to Make a Claim

The type of service for responding to a warranty claim may vary depending on the product and on your choices at the time of purchase. If you are not certain about what type of warranty you have, you must contact your sales representative or authorized Virtech distributor/reseller or check the state of the warranty on the Virtech support web page. If you acquired the product through an authorized distributor/reseller, Virtech will only provide the service when the Customer has transferred ownership ("tag transfer") as part of the online registration process. However, the warranty period starts when the Customer receives the product, and registration is part of the support process if the Customer has not done so before contacting Virtech technical support.

Steps for making a claim:

1. If the product was acquired directly from Virtech go to step #2, otherwise you must complete the registration process:

2. Connect with Virtech Technical support. You may choose the contact method you prefer: e-mail or chat. The contact options appear on the Virtech support web page. (The support numbers for the region can be found at the end of this document; to see the up-to-date list, visit this page www.tempsafesolutions.com/terms)


3. Have the following information ready for the technical support agent: 

  1. Customer information including place and date of purchase. 

  2. Service label on the machine or in its absence the Express Service Code. 

  3. Symptoms at the time of the defect.

  4. Depending on the warranty service that you have acquired (not all types of warranty are available in all countries and/or cities), the Virtech technical support will give instructions on the case to determine if the problem is covered by the hardware warranty and if replacement of parts is required.

Collection and Delivery Service:

  1. The Virtech agent will perform a diagnostic of the problem with your help, giving you instructions by email

  2. The technician will inform you of the steps for preparing your equipment for collection. You will coordinate your preferred time directly with the collection service.

  3. After the repair, the equipment will be returned to the place of your choice.

  4. The registered end user or a responsible person authorized by the end user must be available to deliver and return the product.

General Provisions:

  • The services, when their provision is agreed with the Customer, will be provided by a Virtech authorized service provider and may vary depending on the product. 

  • Response times are estimated and may vary according to the site/location and access to the product and availability of parts. 

  • The service may be provided online as appropriate. 

  • If it is agreed and stated on the Order Confirmation, the Service Offer may include advice, labelling, installation, embedding, removal, training and/or consulting. 

  • Unless otherwise expressly provided in the Order Confirmation, the service does not include: articles excluded from the warranty, work which at Virtech's discretion is not necessary (except products purchased in Chile), electrical environment, data transfer or software, solution of problems caused by virus. 

  • Third-party products will be repaired under the warranty of the manufacturer or licensor. 

  • Replacement parts not critical for operation of the product (e.g. hinges, ports, decorations, frames) may not be substituted in the period of the service offer.

  • Virtech has no responsibility for loss or recovery of data, software and other existing programs. Virtech is not responsible for any of your confidential, patented or personal information; for lost or corrupted data; or for the damaged or lost removable media. The Customer is responsible for making and keeping a backup copy of all their data. 

  • Virtech or its authorized service providers are not authorized to copy materials protected by copyright or to copy or use illegal data. Consequently, Virtech cannot be liable for breach of copyright of files installed directly by the Customer.

Legal Rights and Limitations

The liability of Virtech in damages (including special, indirect or consequential damages, which damages will be deemed to include loss of revenue. loss of profit and opportunity loss) in respect of any act or omission of Virtech will not exceed the recommended retail price of the Virtech product. You fully indemnify and hold harmless Virtech from any unauthorised use of the Virtech product or any use of the Virtech product other than in accordance with the instruction manual. Virtech shall not be liable for the consequences of an occurrence of any event beyond its control.

Pursuant to section 64A of the Australian Consumer Law (“ACL”), liability for breach of a guarantee conferred by the ACL is limited to any one of the following as determined by Virtech: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired. Any condition or warranthy which would otherwise be implied in this Agreement is excluded.

You may not assign, in whole or in part, the benefit of this Agreement or any rights or obligations hereunder, without the prior written consent of Virtech. This Agreement is governed by and construed in accordance with the laws for the time being in force in Queensland and you agree to submit to the jursidiction of the courts and tribunals of that State.

 

Virtech Software License Agreement

This is a legal agreement ("Agreement") between you, the user, and Virtech. In consideration of payment of the Licence Fee, Virtech grants to you a non-transferable, non-exclusive licence to use the Virtech Tempsafe Software (“Software) under the terms of this Agreement. The Licence will continue for one (1) year (“Term”) and unless notice of termination is received from you not less than thirty (30) days prior to the end of the Term, will be renewed on a yearly basis, for which you must pay the Licence Fee. The Software must only be used on equipment in accordance with the instruction manual and Virtech may provide updates or new releases for the Software from time to time. Virtech is not liable to provide services or support in respect of installation under this Agreement. Virtech retains ownership of the Software whether in its original form or as modified during the Term. All intellectual property rights in the Software remain with Virtech, and nothing in this Agreement affects the ownership of moral rights in the Software.

You may not copy the Software, in whole or in part. You must notify Virtech immediately on becoming aware of any unauthorised use or copying the of the whole or any part of the Software. You must not modify the whole or any part of the Software or the Virtech product or combine or incorporate the whole or any part of the Software with any other program or system. You agree to fully indemnify and hold harmless Virtech against any liability incurred if unauthorised modifications infringe the intellectual property rights of a third party. You must not reverse assemble, reverse engineer or reverse compile the Software or any part of the Software. You are responsible for protecting the Software and the Virtech product at all times from unauthorised use, access or damage.

The liability of Virtech in damages (including special, indirect or consequential damages, which damages will be deemed to include loss of revenue. loss of profit and opportunity loss) in respect of any act or omission of Virtech will not exceed the recommended retail price of the Licence Fee. You fully indemnify and hold harmless Virtech from any unauthorised use of the Software or any use of the Software other than in accordance with the instruction manual. Virtech shall not be liable for the consequences of an occurrence of any event beyond its control.

Virtech can immediately terminate the Licence in the event of a breach or threatened breach by you of your obligations under this Agreement; the appointment of any type of insolvency administrator; the entry or proposed entry by you into any scheme, composition of arrangement with any creditors; or the permanent discontinuance of use of the Software or any part of the Software by you. Any termination of the Licence will not affect any accrued rights or liabilities of Virtech, nor shall it affect any provision of this Agreement which expressly or by implication intended to continue in force after termination.

Open Source Software

A portion of the Software may contain or consist of open source software, which you can use under the terms and conditions of the specific license under which the open source software is distributed.

THIS OPEN SOURCE SOFTWARE IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS,IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL VIRTECH, THE INTELLECTUAL PROPERTY OWNER, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

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Disclaimer

This technology is not designed or intended to diagnose medical conditions, it is an early warning indicator which will help to identify people with general symptoms, so that they can be further assessed by medical experts, potentially preventing the spread of some conditions to others.

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