SAFETY TERMS AND CONDITIONS
1.1 These terms and conditions (“General Conditions”) apply to the use of the KIPPY EVO GPS for pets (“Device” or “Kippy”) produced by Kippy S.r.l. (“Company”), and of its functions, including the tracking and reporting systems (“Services”) by the consumer (“Customer”).
1.2 Unless otherwise and expressly agreed in writing by the authorized representatives of the Company, these Terms constitute the entire agreement between Company and Customer regarding the use of the device, and supersede all prior written or oral representations, agreements, understandings and commitments between Company and Customer.
1.3 These Terms and Conditions shall prevail at all times on different conditions imposed by the Customer from time to time, even if such conditions (i) were notified to the Company prior to the delivery of the General Conditions to the Customer; (ii) expressly exclude the application of the General Conditions and / or (iii) are not disputed by the Company.
2.1 The latest version and other updates of these General Conditions is available on www.kippy.eu. These General Conditions shall be deemed accepted by the Customer at the time of the App registration, as specified in paragraph 4 below.
3. DESCRIPTION OF THE DEVICE PRELIMINARY OPERATIONS
3.1 For the proper functioning of the Device, the required mobile data connection will be supplied via a SIM card, in accordance to conditions specified in chapter 5 below.
3.2 The Device consists of the following components:
- Kippy EVO;
- Velcro for attachment to the collar;
- USB cable with support base;
- SIM data.
3.3 The Company does not assume any responsibility for the malfunction of the Device, nor for the safety of the Customer and third parties, in case the former uses accessories different than those included in the package.
3.4 In order to use the Device, the Customer must first charge the battery. Prior to the first use, it is necessary to charge the battery for no less than 8 hours. The Customer must wait for the charge completion signal before disconnecting the device from the charger.
3.5 Subsequent charges must have an approximate duration of 4 hours each. The Customer must wait for the charge completion signal before disconnecting the device from the charger.
3.6 After the battery has been charged, the Customer must ensure that the Device is on by checking the indicator located at the front of the Device.
3.7 In order to use the Device, the Customer must install the dedicated “App” on his/her Smartphone and follow the instructions.
The app can be downloaded for free from Google Play and iTunes stores, please verify on the stores the compatibility with your device. The app allows registered customers to manage more devices that will require a subscription to work. If the Customer does not have a Smartphone or tablet, he/she can access the app from the tab myKippy on www.kippy.eu.
3.8 After the Device has been fastened to the collar, the Customer must take care to monitor the pet, who must not show signs of discomfort or impatience. Only when the pet gets used to the device, the latter can be used without monitoring by the Customer.
3.9 If the pet shows discomfort, immediately remove the Device and re-apply after reasonable time has elapsed. In any case, it is advisable to periodically remove the Device from the collar.
4.1 To activate the Device, the Customer, at the time of activation, must insert the code listed on the Device. Upon activation, the Customer must enter true and accurate data and keep his/her username and password confidential. The Customer will be solely responsible for the activities carried out on or through his/her account and promptly notify the Company through its Customer Support service in case of unauthorized access or use.
5. TRACKING SYSTEM AND SIM DATA
5.1 The location system uses GPS system, phone cells triangulation and Wi-Fi, offering coverage in Europe (“Coverage Area”). The Customer shall not use the device outside of the Coverage Area.
The tracking system is made possible thanks to the use of a SIM card that provides a mobile data connection under the following conditions: 2G network coverage from the service provider used in a given country.
5.2 The Company assumes no responsibility in the event that the Customer uses the device outside of the Coverage Area and if, even within the Coverage Area, the GPS or GSM/GPRS signals are weak or nonexistent, and, therefore, accurate tracking is not possible.
6. CONDITIONS OF USE AND STORAGE
6.1 The Device can be used only on small-, medium- and largesize domestic animals, but, in any case, it depends on the level of comfort of customer’s pet to have a collar.
6.2 The device has an IP67-certification, resistant to quick immersions with limited depth. We recommend not to leave the Device submerged for prolonged periods of time. Damages caused by water can be easily identified and void the Original Warranty, as further described in chapter 10 below.
6.3 The Customer shall not store the device in dusty areas, on inclined surfaces or other areas that may be exposed to shocks and falls.
6.4 The Customer shall not store the Device in hot areas (at temperatures greater than 60°C):
a. the Device can explode if left inside a closed vehicle or in other enclosed environments where the temperature exceeds 60°C;
b. the Device must not be exposed to direct sunlight for long periods (such as on the a vehicle dashboard);
c. the working temperature of Device is suggested to be between 0°C and 40° C.
6.5 The Customer shall not store the device near magnetic fields or near/on or inside radiator, microwave ovens, hot cooking equipment or high-pressure containers, as they may damage the battery or the Device may overheat and cause a fire.
6.6 To preserve battery life, the Customer must:
a. avoid keeping the Device connected to the charger after the charge signal has sounded, since overcharging may compromise the battery performance;
b. recharge the batteries before use after a prolonged period of inactivity; batteries are subject to self-discharge phenomena which implies that batteries discharge slowly even if the Device is not turned on;
c. unplug the charger from the power source when not in use;
d. only use chargers and accessories that comply with European standards or are supplied in the package, since the use of generic chargers could cause serious performance degradation or damage the Device.
6.7 The Customer shall not:
a. put the Device in the mouth, as it may be damaged or cause injury;
b. disassemble or make changes to the Device: any change or tampering will void the Warranty;
c. pierce the Device, as it may cause fire or explosions;
d. paint or affix decals on the Device: paints or adhesives could damage the surface of the Device.
6.8 The Customer must clean the Device and its components and accessories with a soft cloth, avoiding the use of chemicals or detergents.
6.9 The use of the Device by children is not permitted: the Device is not a toy. The Customer must always supervise children if the latter use the Device.
6.10 The Customer shall not use the Device for purposes other than those listed in the General Conditions.
6.11 The Customer shall not use the Device outside of the Coverage Area.
7.1 In order to avoid injuries or damage the Device, the Customer shall comply with the following safety instructions.
7.2 To prevent electric shock, explosions and fires, the Customer shall not:
a. use damaged power cables or plugs, and not pull sockets;
b. disconnect the charger by pulling the cord;
c. touch the power cord with wet hands;
d. bend or damage the power cord;
e. charge the Device while it is still attached to the pet;
f. touch the Device with wet hands while charging the battery;
g. short-circuit the charger or the battery;
h. drop the charger or battery;
i. charge the battery with a transformer (recomended 2.0A or 1.5A minimum);
j. use damaged chargers;
k. use during a lightning storm;
l. Disposal of a battery into fire or a hot oven, or mechanically rushing or cutting of a battery, that can result in an explosion;
m. Leaving a battery in an extremely high temperature surrounding environment that can result in an explosion or the leakage of flabbable liquid or gas;
n. A battery subject to extremely low air pressure that may result in an explosion or the leakage of flabbable liquid or gas.
7.3 The Customer must avoid crushing or subject the Device to high pressures that can lead to an internal short circuit.
7.4 The Device is equipped with a lithium-ion (“Li-ion”), the Customer, therefore, shall not open, puncture, or drop the Device:
a. altered or damaged Li-Ion batteries may cause a fire;
b. while charging the Device, the Customer shall not expose the Device to temperatures below 0°C or above 40°C;
c. during normal operation of the Device, the Customer shall not expose the Device to temperatures below -20°C or above 60°C;
d. the exposure of the Device to extremely hot or cold temperatures may affect battery performance or cause deformation.
7.5 The Customer shall not dispose the Device, the charger or its accessories by throwing them into a fire, but only according to local regulations regarding disposal of electronic devices and batteries.
7.6 The Customer shall follow the instructions on the use of the Device in restricted areas and all regulations that restrict the use of mobile devices in specific areas.
7.7 The Customer shall:
a. not use the Device near other electronic devices;
b. not use the Device near people who wear pacemakers: the minimum distance from the pacemaker must be 15 cm;
c. not use the Device in a hospital or near medical electronic equipment:
- The Device may cause interference with electronic equipment for medical purposes. If in doubt, please contact your doctor or medical device manufacturer to ensure that the Kippy Device does not interfere;
- The Device may interfere with hearing aids; please contact the manufacturer of the prosthesis to make sure that the Kippy Device does not interfere with it.
d. turn off the Device in potentially explosive environments and comply with the rules and instructions in potentially explosive environments;
e. not use the Device at gasoline stations or near fuels or chemicals;
f. not use the Device within compartments in which are fuels, flammable liquids or explosive gases are located;
g. turn off the Device before boarding an aircraft; the use of the Device in an aircraft is not permitted since it would interfere with EN navigation equipment;
h. turn off the Device when in a blasting area or in areas posted turn off “two-way radios” or “electronic devices” to avoid interfering with blasting operations.
7.8 The Customer acknowledges that electronic devices in a motor vehicle may interfere with the Device.
8. PROPER DISPOSAL OF THE DEVICE
8.1 At the end of its lifecycle, the Device and its electronic accessories must not be disposed with other household waste. To prevent possible harm to the environment or human health from uncontrolled waste disposal, we ask the Customer to separate the Device and accessories from other types of waste and recycle the former responsibly to promote the sustainable reuse of resources. The Device and its accessories must not be disposed of with other commercial waste.
10. WARRANTIES AND LIABILITY
10.1 Devices are protected by warranty for consumer goods (“Warranty”), which protects consumers pursuant to Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) for the period prescribed by the law. The Warranty goes into effect on the day of delivery of the Device.
10.2 The Customer may only exercise his/her right to the Warranty only with respect to the final seller (i.e., the person who sold him/her the product, or the “Reseller”, as defined below, where the defects becomes apparent within a period of two (2) years from delivery, and, in this case, notifying such defect to the seller within two (2) months from the date on which such defect was discovered. The Warranty is reserved exclusively to consumers as defined by the Consumer Code.
10.3 The Warranty does not cover the following:
a. checks, maintenance, repair and replacement of components as a result of natural wear and tear of the Device (e.g., wear and tear of the Device materials or accessories);
b. abuse or misuse, including but not limited to, inability to use the Device for normal purposes or in accordance with the instructions for use and maintenance, as set forth in chapters 6 and 7;
c. software upgrading following changes to the network parameters;
d. use of the Device in conjunction with accessories not approved by the Company;
e. malfunction of the Device due to incorrect installation or use not in accordance with the instructions and General Conditions;
f. force majeure events beyond the Company’s control;
g. unauthorized changes made to the Device to comply with local or national technical standards in force in the countries outside the Coverage Area;
h. damages to battery caused by overloading or use not conforming to the proper maintenance instructions outlined in these Terms;
i. malfunctioning due to repairs performed by unauthorized service centers or personnel;
j. the possibility that the model and/or serial number has been altered, deleted or made illegible;
k. when the batteries have been loaded from a charger that is < 1.5A;
l. in case of tampering with the Device.
10.4 The Company shall not be held liable if it is not possible to track the pet as a result of:
a. failure to comply with these General Conditions by the Customer and, in particular, the conditions of use and storage and the safety provisions;
b. lack of or insufficient satellite or GSM/GPRS signal;
d. loss of the Device or failures caused by the pet’s movements or actions that cause the detachment or breakage of the Device;
e. interference with other equipment;
f. any other cause not dependent upon the Company’s control.
10.5 The Company shall not be liable, except in cases of willful misconduct or gross negligence, concerning:
a. the proper functioning of SIM data and transfer of data into and out of the Coverage Area, including in the case of Internet and telecommunications networks malfunctions that are not caused by or dependent upon the Company;
b. the correct operation of the Customer’s Smartphone, tablet or computer (the Customer is required to update Apps and firmware issued by the manufacturer).
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The name and the brand used by the Company, as well as all industrial and intellectual property rights and/or any other relative right, title, and interest, including rights granted by effect of this document, are the sole property of the Company and/or its licensees. Unless otherwise agreed, the Customer cannot use the name(s) and trademark(s) of the Company in any way without the prior consent of the Company.
12. FORCE MAJEURE
12.1 The Company shall not be liable for any damage, loss, claim, cost, charge or expense of any nature suffered or incurred by the Customer arising from or in connection with the malfunction of the Device caused by acts or events beyond the reasonable control of Company, its agents or contractors, or sub agents and sub contractors, which could compromise the performance of the Device and related obligations of the Company, including, without limitation, disasters, fires, floods, earthquakes, acts of God, force majeure events, terrorist attacks (whether actual or threatened), war, sabotage, explosions, riots, civil demonstrations, revolutions and strikes, lockouts or labor disputes, acts of government, accident or failure of plant or machinery, shortage of materials, non-delivery of services by utility suppliers (including electricity, gas and telecommunications suppliers, and any other acts or omissions of third parties, that are beyond the Company’s reasonable control.
13. APPLICABLE LAW - OUT-OF-COURT DISPUTES - ALTERNATIVE DISPUTE RESOLUTION/ONLINE DISPUTE RESOLUTION
13.1 These General Terms shall be governed and construed according to the laws in force in Italy.
13.2 Customers/Consumers whose residence is outside of Italy may apply provisions deemed more favorable and mandatory, if any, in force in the country where they habitually reside, in particular, as it pertains to the deadline to exercise the right to cancel a purchase, and, where such right is exercised, to the terms and conditions of notification of such option and the warranty.
13.3 Any dispute concerning the application, implementation and interpretation of these General Terms shall be under the jurisdiction of the court system where the Customer resides, provided that the latter is a consumer, as defined by the Consumer Code.
13.4 Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, the Company notifies Customers who qualify as consumers, in accordance with Article 3, paragraph 1, letter a) of the Consumer Code, that, in case complaints are submitted to the Company and where such complaints have not been successfully resolved, the Company will provide the information about Alternative dispute resolution bodies tasked with the settlement of disputes related to obligations deriving from these General Conditions (so-called, ADR entities, as set forth in Articles 141-bis et seq., of the Consumer Code), specifying whether or not it intends to make use of such bodies to resolve the dispute. Furthermore, the Company notifies Customers who qualifies as consumers, in accordance with Article 3, paragraph 1, letter a) of the Consumer Code, that a European platform has been designated for the online dispute resolution of consumer disputes (ODR platform). The ODR platform is available at the following address https://ec.europa.eu/consumers/odr/; through the ODR platform, consumers can consult the list of ADR entities, find the link to the website of each of them and start on-line dispute settlement proceedings, as warranted by circumstances. Customers who qualify as consumers shall retain the right to seek redress through an ordinary court system to solve any dispute arising from these General Terms, whatever the outcome of the court settlement procedure may be, as well as the possibility, where it can be justified, to lodge an out-of-court resolution of controversies relating to consumer relations through recourse to the procedures set forth in Part V, Title II bis of the Consumer Code.
13.5 Customers who reside in a European Union Member State other than Italy, may also have access, for any dispute concerning the application, implementation and interpretation of these General Conditions, to the European procedure established for small claims, by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
14. INFORMATION ON PRODUCT SAFETY
14.1 Exposure to Radiofrequency
The device comprises transmitter and receiver. When it is on, it receives and transmits radio frequency energy. When the device is in use, the system managing the connection selects the transmission power.
14.2 Specific Absorption Rate (SAR)
The SAR limit is 2W/Kg and Kippy EVO is COMPLIANT with these requirements. Check the maximum SAR determined on last page.
14.3 Maximum transmitted power:
Check last page.
15. EU - DECLARATION OF CONFORMITY
15.1 Hereby, Kippy srl, declares that the radio equipment type Kippy EVO is in compliance with Directive 2014/53/EU.
The full text of the EU declaration of conformity is available at the following internet address: www.kippy.eu
16. USER MANUAL
16.1 The user manual and the Declaration of Conformity are available online at: www.kippy.eu
Last update 2019/05/31
™ AND ® KIPPY SRL. ALL RIGHTS RESERVED.
Manufacturer: Kippy SRL – Via Cosimo del Fante, 10 – 20143 Milan – Italy
Lithium Polymer Battery
Capacity: 820 mAh
Do not disassemble
Do not short circuit
Do not dispose in fire
Do not expose to high temperature (60°C/140°F)
Please don’t use the battery after immersed in water
Battery model: ZN102634
Made by Foshan Zhaoneng Battery Industrial Co., Ltd.
Made in China
The maximum SAR determined: GSM 1800 1.642 W/kg
Maximum transmitted power: GSM 900 20.50 dBm - GSM 1800 23.41 dBm