TERMS OF VALTA HOME SERVICES (“TERMS”)
These Terms form a binding agreement (“Agreement”) that has been entered into by LINGCO INTERNATIONAL LIMITED (“LINGCO”, “We”, “Us”) and the user (“Customer”, “You”) that is indicated in the Account for the use of Valta Home Services from LINGCO.
LINGCO INTERNATIONAL LIMITED has been focusing on IoT products and application development since 2011. Valta is a brand owned by LINGCO. Our headquarter is located in the Hong Kong SAR.
Your use of Valta Home Services is subject to the terms of a legal Agreement between You and LINGCO. This document explains how the Agreement is made up, and sets out some of the terms of that Agreement. You must thoroughly read the contents of the Agreement and fully understand the Terms, especially Customer Obligations and Service Restrictions, and Exception Clauses, which are highlighted in bold letters. If You have any question regarding the Terms, please contact LINGCO at email@example.com
By completing the registration procedure, or by having used the Services in any form, You have confirmed your acceptance of the Terms governing your use of Valta Home Services.
These Terms will remain in full force and effect as long as You continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, LINGCO may (i) suspend or terminate your rights to access or use the Services, or (ii) terminate these Terms with respect to You if LINGCO, in good faith, believes that You have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
The following terms when capitalized in these Terms will have the meaning assigned to them hereunder:
1.1. Account means the account that LINGCO will create for Customer to access and use the Services.
1.2. Approved Non-Valta Home Product means the hardware product offered by LINGCO that inter-operates with Valta Home Product but is not branded with “Valta” trademark, and sold by Valta Home web store or LINGCO’s authorized distributors and sellers.
1.3. Authorized User means an individual for whom at the direction of Owner of Account access and use the Services has been granted under an Account.
1.4. Customer means collectively Owner of Account and its Authorized User(s).
1.5. Data means digitally stored information collected, processed, generated and/ or stored by or via the Services.
1.6. Documentation means the documentation provided by LINGCO (or posted on its website) in connection with the Services, including any user manuals and user instructions or other LINGCO Confidential Information. The documentation may be updated from time to time by LINGCO.
1.7. High Risk Applications means applications or activities where the use or failure of the Services could lead to death, personal injury, or environmental damages.
1.8. Network means the IT, internet and telecommunication network, connected to or used to enable the use of the Services.
1.9. Owner of Account means the individual who register an Account. This individual automatically becomes the “Owner” of that Account and can authorize individual(s) (“Authorized User”) to access and use the Services of that Account.
1.10. Product (“Smart Device”) means collectively Valta Home Product and Approved Non-Valta Home Product. Product may be equipped with human-machine interface and capable of transmitting data via a wireless network.
1.11. Services (“Valta Home Services”) means the services delivered to Customer by the Software Application downloaded and installed on authorized mobile phones and tablets (“Mobile Terminals”). These Services also include but not limited to e-commerce, third party services, customer services, marketing (direct and indirect) and administrative services.
1.12. Software Application (“Valta Home App”, “App”) means the access and use rights with respect to Valta Home mobile application that LINGCO will provide to Customer to inter-operate with Products.
1.13. Third-Party Materials means products, software, data, components or services from third party suppliers and service providers, including cloud hosting services and the connectivity and communication services from mobile operators.
1.14. Unapproved Product means any hardware product that is neither Valta Home Product nor Approved Non-Valta Home Product. This type of product will not be offered by LINGCO.
1.15. Valta Home Product means the hardware product offered by LINGCO that is branded with “Valta” trademark and sold by Valta Home web store or LINGCO’s authorized distributors and sellers.
2. Descriptions of Services
2.1. LINGCO grants You the right to use the Services to inter-operate with Products (commonly known as “smart home products”, “smart devices”). These Services perform control and monitoring, data collection and analysis of the Products via LINGCO’s Cloud Platform and inter-operate with Third-Party Materials. LINGCO does not warrant that (a) the Services will be uninterrupted, timely and secure; and/ or (b) the data collected and analysis obtained from the Services will be complete, correct, accurate, secure, reliable, or otherwise meet Customer’s requirements. Customer acknowledges that LINGCO may discontinue, change, suspend and/ or remove functionality and features of the Services. The Services may also be suspended due to routine system maintenance or unexpected system repair.
2.2. The Products and the Services shall only be used in home or residential environment. You are prohibited to sublicense, sell, lease, transfer, create derivatives, rent, loan, time-share, operate as a service or to use the Services for commercial purpose. If commercial operation is required, You should obtain prior written authorization and permission from LINGCO.
2.3. The Services shall only be used on authorized system platforms and Mobile Terminals. If You install the Services on other unauthorized system platform or unauthorized Mobile Terminals, it may damage the hardware or affects the proper functioning of the Services.
2.4. LINGCO may modify or upgrade the Services from time to time, and may introduce new functions to the Services. If no separate agreements are accompanied with the aforesaid new functions, You are entitled to use these new functions.
LINGCO excludes (A) the installation, commissioning, maintenance, or other servicing of any Product; (B) variations to the Services to meet any specific or custom requirements; (C) any asset or data configuration, importation, or exportation, including uploading data into or extracting data from the cloud databases; (D) any licenses and associated fees for use of the Network; (E) any review, analysis, validation or warranty of compliance that a system, as designed or installed, complies with any applicable codes, laws, regulations or standard pertaining.
4. Third Party Suppliers and Service Providers
4.1. The Services may include and/ or rely on the availability and correct functioning of Third-Party Materials. If applicable, the terms and conditions of the third party suppliers and service providers will govern Customer’s use of such Third-Party Materials.
4.2. The Services rely on or inter-operate with Third-Party Materials. Third-Party Materials are beyond LINGCO’s control, but their operation may impact on, or be impacted by, the use and reliability of the Services. You acknowledge and agree that: (A) the use and availability of the Services is dependent on Third-Party Materials, (B) these Third-Party Materials may not operate in a reliable manner 100% of the time and they may impact on how LINGCO Services operate, and (C) LINGCO is not responsible for damages and losses due to the operation of these Third-Party Materials.
4.3. LINGCO has no responsibility or liability with respect to Third-Party Materials, including discontinuation, downtime, unavailability, or degradation of the Services due to any failure, update, discontinuation or modification of Third Party Materials or any part thereof, e.g., operator’s shutdown of a connectivity or communication technology/ network. LINGCO will have no support, maintenance or other obligations or liability with respect to Third-Party Materials.
4.4. Customer acknowledge that LINGCO cannot guarantee that Third Party Materials are always provided by the same third party suppliers and service providers in the future.
5. Customer Obligations and Service Restrictions
5.1. Customer shall use the Services only for its intended purposes and use cases and in accordance with all instructions contained in the Documentation. Customer shall not perform (or permit) any activity other than normal use in accordance with the Documentation or with the prior approval by LINGCO. Customer shall not and shall not allow others to rely on the Services or Data for High Risk Applications.
5.2. Customer is solely responsible for the accuracy, reliability, integrity and legality of input data and legality of the way in which You obtain the data, and shall back up data and information from time to time. You shall bear all risks for damage and loss of such data and information.
5.3. Customer is solely responsible and liable for instructions, data or content transmitted, run, used, processed, interfaced, uploaded, transferred or saved via the Services. LINGCO has the right to remove such data or content immediately and/ or suspend the use of the Services, without incurring any liability or obligation.
5.4. Customer must be older than 18 years to act as Owner of Account. Authorized User must be over the age of 13 (or equivalent minimum age in the jurisdiction where You reside), and in the event You are between the age of 13 (or equivalent minimum age in the jurisdiction where You reside) and the age of majority in the jurisdiction where You reside, that You will only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Any use or access to the Services by individuals under the age of 13 (or the equivalent minimum age in the jurisdiction where You reside) is strictly prohibited and is a violation of these Terms. The Services and the Products are not available to any users previously prohibited from using the Services by LINGCO.
5.5. If LINGCO is required to conduct troubleshooting, (remote) monitoring, maintenance or any other diagnostic review as part of the Services, Customer hereby authorizes LINGCO (and its designees) to make use of and access Customer’s Network, free of charge to the extent required for such purposes. Customer will be solely responsible for providing a Network suitable for properly utilizing the Services. Customer agrees that Network instability or unavailability (whether due to maintenance, internet outages, or other unanticipated circumstances or events), may affect the performance of the Services.
5.6. In the event of any unauthorized actions, LINGCO will determine whether or not You are involved in violation of standards, and suspend or terminate your Services according to determination results or implement restrictions according to the Agreement. The following actions are considered to be in breach of service restrictions:
5.6.1. Transfer, copy, reproduce, distribute, modify, adapt, alter, translate, or create derivative works of the Software Application or the Documentation;
5.6.2. Issue or share computer virus, worms, malicious codes, or software that deliberately damages or changes computer system or data;
5.6.3. Collect information or data of other users without authorization, for example, email addresses or other personal data;
5.6.4. Maliciously use the Services, causing server overload or interfering with web server operations and network connection;
5.6.5. Attempt to access server data or communication data without authorization;
5.6.6. Interfere with or damage the Services of other users;
5.6.7. Reverse-engineer, decompile, disassemble, in an attempt to derive the source code or the algorithm, or to circumvent or neutralize any security measures;
5.6.8. Include contents restricted or forbidden by applicable law, ordinance, rule or other governmental restriction.
5.7. Customer shall indemnify, defend and hold harmless LINGCO, its suppliers and service providers, and their officers, directors, agents, employees, successors, and assigns from and against all losses, liabilities, costs and expenses arising out of or in connection with any claim by third parties for any loss, damage or injury or death caused or alleged to be caused by a breach by Customer of any of the provisions of these Terms, including the negligent use or application of the Services, or any modification of the Services not authorized by LINGCO.
5.8. If LINGCO and its third party suppliers and service providers suffer from any loss caused by a breach by Customer of any of the provisions of these Terms, including the negligent use or application of the Services, or any modification of the Services not authorized by LINGCO, You shall compensate LINGCO and its suppliers for losses and (or) expenses generated therefrom.
6. Customer Account
6.1. To use the Services, LINGCO may provide Customer with an Account. Customer will be solely responsible for:
6.1.1. The accuracy, quality and legality of Customer Information submitted to LINGCO to register an Account;
6.1.2. Maintaining the confidentiality and security of an Account (including passwords) and to prevent unauthorized use of the Services;
6.1.3. Where applicable, setting and allocating different user profiles to its Authorized Users with associated access rights and capabilities for the Services, and to keeping these access rights up to date at all times while using the Services. Customer shall notify LINGCO timely of any changes in access rights and capabilities, including any changes in the role of any Authorized User.
6.1.4. Securely keep your Account information. In case of a security breach of your Account (including but not limited to divulgence of user password), You shall notify LINGCO immediately and LINGCO will assist You to take remedial measures.
7. Intellectual Property
7.1. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Products and the Services are owned by LINGCO or its affiliates or third party suppliers and service providers. Your possession, access to and use of the Products and the Software Application do not transfer to You or any third party any rights, title or interest in or to such intellectual property rights. LINGCO, its affiliates and licensors and suppliers, reserve all rights not granted in these Terms. The Services are licensed to You, not sold, under these Terms. If LINGCO becomes aware of any actual or suspected infringement, misappropriation or misuse by a Customer, LINGCO has the right to take action against such actual or suspected infringer.
7.2. You may not use the content of the Services in any other public or commercial way, nor may You copy or incorporate any of the content of the Services into any other work, including your own website, without the written consent of LINGCO. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services, or any content therein.
7.3. You may choose to or LINGCO may invite You to submit comments, suggestions or ideas about the Services, including how to improve the Services (“Ideas”). By submitting any Ideas, You agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place LINGCO under any fiduciary or other obligation. LINGCO may use, copy, modify, publish or redistribute the submission and its contents for any purpose and in any way without any compensation to You. You also agree that LINGCO does not waive any rights to use similar or related ideas previously known to LINGCO, developed by its employees or obtained from other sources.
9. Exception Clauses
9.1. LINGCO will do its best to ensure the security, validity, accuracy and reliability of the Services with due care, skill and ability, and in accordance with industry best practices and standards. We warrant that the Services shall substantially perform as specified in the Documentation, when used in accordance with the Terms of Agreement. We do not warrant that the Services will achieve your intended results, nor that the Services have been developed to meet your individual requirements.
9.2. LINGCO will not be liable for any breach or failure to perform resulting from a Force Majeure event. If a Force Majeure event occurs, LINGCO’s performance will be suspended for the period of such Force Majeure event. In the event that Force Majeure event extends (or is reasonably expected by LINGCO to extend) for a period of three (3) consecutive months, LINGCO will be entitled to cancel all or any part of these Terms without any liability towards Customer.
9.3. You are responsible for the installation and proper use of the Services pursuant to the applicable manual and instructions. IF A PRODUCT IS NOT PROPERLY INSTALLED, IT MAY NOT PERFORM AS EXPECTED (FOR EXAMPLE, IF A PRODUCT OR ANY OF ITS SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES). It is your responsibility to test the Services to be sure that the Products are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.
9.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINGCO, ITS AFFILIATES, ASSOCIATES, DISTRIBUTORS, SELLERS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR:
(A) ANY LOSS OR DAMAGE TO YOUR HOME OR RESIDENTIAL ENVIORNMENT, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, YOUR PRODUCT AND PERIPHERALS (WHETHER OR NOT CONNECTED TO A VALTA HOME PRODUCT), COMPUTER, COMMUNICATION NETWORK, MOBILE TERMINAL, AND ALL OTHER ITEMS AND PETS IN YOUR HOME; AND
(B) ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR (i) LOSS OF PRODUCTION, BUSINESS, REVENUE, OR PROFIT OR DIMUNITION IN VALUE, (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OF VALTA HOME SERVICES; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (iv) HARDWARE, INCLUDING ANY LABOR COSTS ASSOCIATED WITH UNINSTALLING OR REINSTALLING HARDWARE; (v) CLAIMS BY THIRD PARTIES OR THE PUBLIC; (vi) PERSONAL INJURY, DEATH, OR LOSS OF PRIVACY; (vii) ANY OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, ATTORNEYS FEES, COURT COSTS, OR ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES. REGARDLESS OF WHETHER BASED UPON A CLAIM OR ACTION OF TORT, CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
9.5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINGCO AND ITS AFFILIATES’ AGGREGATE LIABILITY TO CUSTOMER AND/ OR ITS AFFILIATES OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR ACTIONS ARISING FROM OR RELATED TO THESE TERMS WILL IN NO EVENT EXCEED FIFTY US DOLLARS (US$ 50.00).
9.6. In order to be entitled to make a valid claim, Customer shall notify LINGCO of any such claim within thirty (30) days of the date of the event giving rise to the claim, and any lawsuit relating to a claim must be filed within six (6) months of the date of such notification. Claims that are not brought or filed in accordance with the preceding sentence will be null and void.
10. Limited Product Warranty
10.1. This Limited Warranty is valid only for purchases made by You from Valta Home web stores or authorized distributors or sellers.
10.2. The Limited Product Warranty shall apply to the Products supplied under the Agreement, and LINGCO warrants to Customer that the Product (A) will be new (when first delivered), (B) will be free from defects in materials and workmanship, (C) will be manufactured and delivered in compliance with all applicable Laws, and (d) will conform in all respects to Product Specifications.
10.3. This Limited Warranty lasts for one (1) year (unless otherwise stated in the user’s manual/ warranty card packaged with the Product), starting on the date as marked on the original receipt (the “Warranty Period”).
10.4. If a defect in the Product arises and a valid claim is received by LINGCO within the Warranty Period, LINGCO will, at its option and to the extent permitted by law, either (A) repair the Product at no charge, using new or refurbished replacement parts, or (B) exchange the Product with a new or refurbished product that is the same or similar to the Product You purchased. LINGCO provides no assurance, representation or warranty that any replacement product will be identical to, or will offer the same functionalities as, the Product You purchased. Technological advances and availability of the Product may result in your receiving a replacement with a lower selling price than the original Product. In all cases, comparability of the replacement Product with the original Product will be determined by LINGCO in its reasonable discretion. If LINGCO determines it is not reasonable to repair or replace the defective Product, LINGCO may refund to You the purchase price You paid for the Product. In the event of a product defect, to the extent permitted by law, these are your sole and exclusive remedies. You will ship your Product to LINGCO’s repair service location in accordance with LINGCO’s instructions. You must arrange for the shipping and packaging of your Product to designated LINGCO’s repair service location. Once the repair service is complete, the repaired Product or a replacement product will be returned to You. The return freight cost will be borne by Customer. Any replacement or the repaired Product will be warranted for the remainder of the original Warranty Period.
This Limited Warranty does not apply to any: (A) damage to Product caused by use of Unapproved Product; (B) damage to the Product caused by accident, abuse, misuse, spillage of food or liquid or other external causes, including but not limited to fire or an act of God (such as a flood); (C) damage to the Product caused by operating the Product outside the permitted or intended uses described by LINGCO; (D) damage to the Product caused by failure to follow instructions relating to the use of Product, or use of improper voltage or power supply; (E) damage to the Product caused by services performed by someone who is not a representative of LINGCO; (F) cosmetic damage to the Product, including but not limited to scratches or dents; or (G) defects or parts requiring replacement due to ordinary wear and tear, corrosion, rust or stains, scratches, dents on the casing or paintwork of the Product.
11. Breach of Agreement and Agreement Termination
11.1. You should use the Services in accordance with “Descriptions of Services” in Section 2. You are required to conform to “Customer Obligations and Service Restrictions” as described in Section 5. Failure to do so is considered as a material breach by You under the Agreement.
11.2. In case of termination of an Account, (A) all applicable rights and licenses granted to Customer will immediately cease and Customer’s access to use the Services in the Customer’s Account will cease immediately; (B) Customer shall, upon the request of LINGCO, return, delete (including from all hard disks and memory) or destroy (and a duly appointed officer shall certify to such destruction) all information disclosed to Customer, including software, and all copies thereof; (C) all Prices and any reasonable costs and expenses incurred by LINGCO for any activities related to work performed by LINGCO prior to such termination will become immediately due and payable.
12. Modifications/ Amendments
LINGCO reserves the right to modify these Terms at any time. Customer’s continued use of the Services will constitute Customer’s consent to such modifications.
13. Governing Law and Severability
13.1 The laws of Hong Kong Special Administrative Region (“HKSAR”) will govern the Agreement, without regard to conflict of law principles. The Parties agree that any legal action or proceeding with respect to Terms will be brought in courts of HKSAR. Each party hereby consents to the jurisdiction of the aforesaid courts solely for the purpose of adjudicating its rights with respect to these Terms.
13.2 These Terms constitute the entire Agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all prior, written or oral agreements, proposals or understandings. If any one or more of the provisions of these Terms should be ruled wholly or partly invalid or unenforceable by a court or other government body of competent jurisdiction, the validity and enforceability of the remaining provisions of these Terms will not be affected.
14. Contact Us
For Customers in Asia:
Lingco International Limited
6D Leapont Centre,
18-28 Wo Liu Hang Road,
Fo Tan, New Territories,
Hong Kong SAR
If you have any question regarding this Privacy Statement, please feel free to send your inquiry by email to firstname.lastname@example.org
Policy last updated on 10 August, 2022
Policy active as of 10 August, 2020