General Terms and Conditions for the use of Cambridge Mask
Cambridge Mask helps users understand and limit exposure to air pollution around them, either in specific locations or as they move around in their day-to-day lives.
Cambridge Mask is made of:
- a connected Mask which captures and registers breathing metrics using air pressure sensors.
- a mobile website that displays data transferred from the connected Mask.
Cambridge Mask is designed and commercialised by the company CAMBRIDGE ENVIRONMENTAL SOLUTIONS, a UK entity registered at Unit 179, 23 King Street, Cambridge, CB1 1AH, UK.
Cambridge Environmental Solutions can be contacted through any of the following channels:
In writing: Unit 179, 23 King Street, Cambridge, CB1 1AH, UK.
Email: [email protected]
ACCESS TO Cambridge Mask
Cambridge Mask can be used by:
Any person having the full legal capacity to be bound by these terms and conditions of use. Any person who does not have such full legal capacity may only use Cambridge Mask with the agreement of their legal representative;
Any entity acting through a person having full legal capacity to contract for and on behalf of the entity.
ACCEPTANCE OF THE TERMS AND CONDITIONS
Users can accept the terms and conditions by checking a checkbox when purchasing Cambridge Mask on Cambridge Environmental Solutions’ website as provided in article 6.1 or when creating their account on the companion website.
The acceptance of the terms and conditions can only be full and complete. Any qualified acceptance is considered as null and void. Any user who does not accept to be bound by the terms and conditions must not use Cambridge Mask.
WHAT Cambridge Mask DOES
5.1 It measures mask usage
Cambridge Mask helps users understand air pollution around them, either in specific locations as well as to follow the evolution of pollution levels when they move from a place to another.
Cambridge Mask gathers local data related to the concentrations of fine particles, nitrogen oxide and volatile organic compounds. These data are transmitted to the Cambridge Mask website where they are analysed and presented to the user. When combined with use of Cambridge Mask Co’s anti pollution masks the user is then informed of the percentage expiration level of their mask’s filter.
5.2 Usage of pollution measures
Users are expressly informed and accept that all data with regards to the measures of breathing, air quality and pollution treated in the website may be transferred, in an anonymized form, to Cambridge Environmental Solutions’ database and subsequent products, for purposes of product improvement.
5.3 Other services
Cambridge Environmental Solutions reserves the right to propose any other service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said service.
PURCHASING Cambridge Mask
Before ordering Cambridge Mask, users can learn about Cambridge Mask’s characteristics on Cambridge Environmental Solutions’ website www.cambridgemask.com/app
Cambridge Mask is offered for purchase within the limit of available stocks.
Cambridge Mask’s picture and description are as precise as possible. Cambridge Environmental Solutions is committed to these pictures and description only for what is exactly indicated. However, users are informed and accept that some of Cambridge Mask’s characteristics, including its color, may not entirely match with the photographs published on the website, due to technical constraints.
6.2 Ordering Cambridge Mask
6.2.1 Placing an order
Users place a Cambridge Mask order by completing the order form available on the Cambridge Mask website (s) or by purchasing from a retail partner or e-commerce partner.
As part of the ordering process, users are asked to provide their address for the purposes of delivery and invoicing. All fields in the order form marked as being required must be filled in. Orders cannot be validated unless they contain all required information.
Users must ensure that all information they provide in the order form is accurate, up to date and genuine and is in no way misleading or dishonest.
Users are hereby informed and accept that this information acts as proof of their identity and will be binding upon confirmation.
6.2.2 Order Confirmation
Once they have placed their order, users receive an email which confirms the order and indicates the scheduled delivery date. This email contains a copy of the terms and conditions.
Users must make sure the contact details they entered when ordering are correct to ensure they receive the order confirmation email. If users do not receive this email, they must contact Cambridge Environmental Solutions through the channels listed in the paragraph “Contact Details”.
Information contained in the order confirmation should be kept safe.
6.3 Paying for Cambridge Mask
6.3.1 Cambridge Mask’s price
Cambridge Mask’s sale price is indicated on the website, in the local currency and all taxes included (including VAT and other applicable taxes, but excluding potential custom duties).
Cambridge Environmental Solutions reserves the right to propose promotional offers or price reductions, in its sole discretion and according to conditions that it deems appropriate, including when users subscribe to Cambridge Environmental Solutions’ other services or have expressed their interest in Cambridge Environmental Solutions’ activities.
Cambridge Mask’s price does not include the delivery fees, which shall be invoiced in supplement. Delivery cost shall be indicated before the validation of the order by users.
The applicable price is that indicated on the website on the date of validation of their order by users.
Caution: Outside the European Union, in addition to the price paid to Cambridge Environmental Solutions, duties or local taxes may be pursuant and may be charged to users. These duties and taxes, the amount of which Cambridge Environmental Solutions cannot predetermine and therefore cannot inform users of prior to their order, remain at the users’ charge. Users remain solely responsible for the making of any related declarations and/or the obtaining of any related authorizations.
The price of the Cambridge Mask, including delivery costs, is due when the order is placed.
Payment can be made online by bank or credit card through the secured online payment service indicated on the website, or by any other mean available on the website at the date of the order.
The user guarantees that they have all required authorizations to use the chosen means of payment.
The corresponding invoice shall be sent to users at the time of delivery.
6.3.3 Retention of ownership
Cambridge Environmental Solutions retains full and complete ownership of Cambridge Mask until full payment has been made.
6.4 Cambridge Mask’s delivery
6.4.1 Territories and delivery methods
Cambridge Mask may be delivered to countries mentioned on the website.
Cambridge Mask shall be delivered to the address indicated as the “delivery address” (which can be different from the invoicing address) indicated by users on the date of their order.
Users are informed of all viable delivery methods and their costs before their order validation. They must select the chosen method of delivery and provide all information required for the effective delivery of Cambridge Mask.
6.4.2 Delivery date
Cambridge Mask’s delivery date is indicated in the confirmation email. Delivery date indications are a ‘best guess’ and orders may be subject to delays due to circumstances outside of our control e.g strikes, weather conditions or customs clearance.
Orders can be cancelled by registered letter with acknowledgement of receipt, or by any other written form on other durable medium, if, after the user has requested from Cambridge Environmental Solutions, on the same terms, to proceed with the delivery in a reasonable additional period, Cambridge Environmental Solutions has failed to do so within that period.
The order shall be deemed cancelled upon receipt by Cambridge Environmental Solutions of this letter or written form informing Cambridge Environmental Solutions of this cancellation, unless the delivery was made meanwhile.
In case the order is cancelled, as set out above, users will be refunded of the sums they have paid, including the costs of delivery, within fourteen (14) days from the date of this cancellation.
RIGHT OF WITHDRAWAL
Users benefit from a right of withdrawal for a period of 7 (seven) working days from the date of receipt of their Cambridge Mask, without having to give any reason or incurring penalties, except, if necessary, return costs.
They may exercise their rights by sending to Cambridge Environmental Solutions, through any of the channels mentioned in the paragraph Contact Details, before expiry of the above-mentioned withdrawal period, the withdrawal form, a model of which is attached in the Appendix, or any other statement, devoid of all ambiguity, expressing their willingness to withdraw.
Cambridge Mask must be returned to Cambridge Environmental Solutions in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following the submission by users of their withdrawal. The returned Cambridge Mask must be accompanied by a copy of the corresponding invoice.
Users are deemed responsible in case of deterioration of their Cambridge Mask when returned to Cambridge Environmental Solutions.
Users will be refunded promptly, and at the latest within 14 (fourteen) calendar days following receipt by Cambridge Environmental Solutions of the withdrawal, of all sums paid for their order after deducting the return carrier costs, which remain at their cost. However, Cambridge Environmental Solutions reserves the right to defer refund until the Cambridge Mask’s effective return.
Users benefit from legal warranty as per the applicable local consumer law in the country where Cambridge Mask was purchased. If users notice that their Cambridge Mask has a defect, is non-compliant or damaged, they must inform Cambridge Environmental Solutions, through any of the channels mentioned in the paragraph Contact Details, indicating the nature of the defect, non-compliance or damage found and including any supporting documentation, such as a photography of the defected Cambridge Mask. Cambridge Environmental Solutions will address each claim as per the local consumer law.
In most cases, when local legal warranty is applicable:
Cambridge Environmental Solutions will organize with the carrier of its choice the terms of return and will inform users. Cambridge Environmental Solutions will cover the return carrier costs.
Cambridge Mask must be returned to Cambridge Environmental Solutions in its original packaging. A copy of the corresponding purchase invoice must be sent back with Cambridge Mask.
For Cambridge Mask’s return to be accepted it must be returned following the terms stipulated above.
Cambridge Environmental Solutions will make the necessary verifications and will offer to repair or replace Cambridge Mask if possible.
If repair or replacement of the Cambridge Mask is not possible, Cambridge Environmental Solutions will offer to refund users the full price paid for Cambridge Mask, this including the related delivery charges.
Users will be refunded promptly, within 15 (fifteen) days at the latest following the date on which they informed Cambridge Environmental Solutions of their choice.
9.1 Cambridge Mask’s legal warranty does not cover (applicable to all users):
- Any use of Cambridge Mask that does not comply with its expected or recommended use or with safety guidelines
- Damage caused by accident, abuse, misuse, corrosion flood, fire, earthquake or other external causes;
- Damage following poor maintenance of Cambridge Mask by the user or attempt to repair or modify it
- Natural wear and tear;
- The lifetime of the battery;
- Accessories and consumable components (such as strap, batteries, chargers, cables) unless they are the main subject of the order;
- Cosmetic damage, including scratches;
- Damage caused by use with another product;
- The fact that the use of Cambridge Mask will be uninterrupted or error-free.
AGREEMENT IN RELATION TO PROOF
Users expressly acknowledge and accept that:
- Data collected on Cambridge Mask and its website attest to the reality of the transactions performed in the context of this agreement,
- This data is the main means of acceptable proof between the parties
OBLIGATIONS FOR USERS
Users must respect the following obligations.
While using Cambridge Mask, users agree to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Users acknowledge having read information on Cambridge Mask (including the safety guidelines) and understood the characteristics and constraints, technical in particular, of the entire range of services. Each user is solely responsible for their use of Cambridge Mask and of the website. It is their responsibility to ensure these answer their specific needs prior to using them.
Users undertake to use Cambridge Mask and its website themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences. Users agree not to transfer, sublicense, delegate or assign to any third party, in any way, all or part of their rights and/or obligations under these terms and conditions, including their access to Cambridge Mask and the website.
When needed, users must provide Cambridge Environmental Solutions all documents, data, and information necessary for the proper performance of Cambridge Mask and its website and the appropriate fulfilment of Cambridge Environmental Solutions’ obligations under these terms and conditions.
More generally, users agree to actively cooperate with Cambridge Environmental Solutions with a view to ensuring the proper performance of Cambridge Mask and its website and to keep Cambridge Environmental Solutions informed with any difficulty in such performance.
Users agree with the fact that Cambridge Mask and its website provide them with an additional solution, not an alternative solution, for having knowledge of air quality and pollution and that this solution cannot substitute other means that users may dispose of elsewhere to reach the same goal.
Users expressly acknowledge that the use of Cambridge Mask and its website require that they should be connected to the internet and that they are solely responsible for such connection.
Each user undertakes to defend, indemnify, and hold Cambridge Environmental Solutions harmless from and against any claims, demands, actions and/or grievances whatsoever, that Cambridge Environmental Solutions could incur as a result of a breach by this user of any one of its obligations or guarantees under these terms and conditions.
Users undertake to compensate Cambridge Environmental Solutions for any prejudice that Cambridge Environmental Solutions could be subject to, and to pay any costs, liabilities, charges and / or convictions that Cambridge Environmental Solutions could incur, as a result of such a breach.
It is strictly prohibited to use Cambridge Mask and its website to the following ends:
- Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
- Violating public order or any local policy or laws,
- Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security,
- Sending unsolicited emails and / or prospecting or commercial solicitation,
- Tampering with the aim to improve referencing of another site,
- Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
- And more generally, any action that uses Cambridge Mask and its website for any other purpose than that for which they were designed.
Users are strictly prohibited from copying and / or using for their own purposes or those of a third party, the concept, technology or any other component of Cambridge Environmental Solutions’ products.
The following is also strictly prohibited:
- any behaviour that would interrupt, suspend, slow down, or prevent continuity of Cambridge Mask and its website,
- any hacking or attempts to hack into Cambridge Environmental Solutions’ IT systems,
- any hijacking of Cambridge Mask and its website’s system resources,
- any acts that would place a disproportionate load on the Cambridge Environmental Solutions infrastructure,
- any attempts to breach Cambridge Environmental Solutions’ security and authentication structures,
- any acts that could infringe on the rights and financial, commercial, and moral interests of Cambridge Environmental Solutions or of the users of its products and finally, more generally,
- any breach of these terms and conditions.
SANCTIONS FOR BREACHES
In the event of a breach by a user of any of the provisions of these terms and conditions or more generally, of any infringement by the former of any laws and regulations in force, Cambridge Environmental Solutions reserves the right to take any measures it deems appropriate and in particular:
- To suspend, cancel or access to Cambridge Mask and its website for any user who has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
- To publish on the website or on Cambridge Environmental Solutions’ website any related informational message that Cambridge Environmental Solutions deems useful,
- To inform any relevant authorities,
- To commence and prosecute any legal proceedings.
Liability and guarantee of Cambridge Environmental Solutions
Cambridge Environmental Solutions undertakes to provide its services with diligence and in compliance with trade practice, specifying that it has an obligation to provide due care, but this without any obligation of result, and this is expressly acknowledged and agreed by users.
More specifically, users expressly acknowledge and accept that Cambridge Mask and its website are aimed at providing information on the air quality and pollution in a specific place but are not designed to enable users to prevent pollution or to improve their quality of life.
Cambridge Environmental Solutions does not guarantee to the users that Cambridge Mask and its website, which are subject to constant research to improve their performance and progress, will be totally free of errors, faults or defects. In any event, Cambridge Environmental Solutions reserves the right to interrupt access to Cambridge Mask and its website momentarily for maintenance purposes.
In the same way, Cambridge Environmental Solutions shall not be held liable if the website is ever momentarily difficult (or impossible) to access, the causes of these circumstances being outside Cambridge Environmental Solutions’ control, force major, or due to any disruption in the telecommunications network.
Cambridge Environmental Solutions cannot be held responsible for any failure or delay in the delivery of Cambridge Mask due to users, force majeure or any unforeseeable and unavoidable act of a third party, such as disruption or partial or total strikes of postal services, transport channels or communications.
In any event, any liability that could be incurred to users by Cambridge Environmental Solutions within the context of these terms and conditions is expressly and solely limited to direct actual damages suffered by users.
SUBJECT TO OUR RETURN POLICY, Cambridge Mask AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THEM IS AT YOUR OWN RISK, AND IN NO EVENT WILL CAMBRIDGE ENVIRONMENTAL SOLUTIONS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF Cambridge Mask AND ITS Website, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT CAMBRIDGE ENVIRONMENTAL SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AND CAMBRIDGE ENVIRONMENTAL SOLUTIONS HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL CAMBRIDGE ENVIRONMENTAL SOLUTIONS’ LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO CAMBRIDGE ENVIRONMENTAL SOLUTIONS BY YOU FOR THE PURCHASE OF Cambridge Mask THAT GIVES RISE TO THE CLAIM.
CAMBRIDGE ENVIRONMENTAL SOLUTIONS’ INTELLECTUAL PROPERTY
These terms and conditions do not confer to the users any intellectual property rights relating to Cambridge Mask and its website, which remain entirely and exclusively the property of Cambridge Environmental Solutions. The users only have a license of use of Cambridge Mask and its website within the limits of these terms and conditions.
The systems, software, structures, infrastructure, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by Cambridge Environmental Solutions are protected by all intellectual property rights, or rights for the creators of databases, in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without Cambridge Environmental Solutions’ authorization, is strictly prohibited and could lead to prosecution.
Users who are entities expressly authorize Cambridge Environmental Solutions to cite and use as appropriate a reproduction of their trademark or logo as customer reference, especially at events, in its business documents and on its Internet site, in any form whatsoever.
CANCELLATION OF TERMS OF THE SERVICES
Subscription to the terms and conditions is taken out by users for an unlimited term.
Users can opt out of using Cambridge Mask and its website at any time, by uninstalling the website. Their subscription shall be cancelled immediately.
Cambridge Environmental Solutions reserves the right to amend the terms and conditions at any time.
Users shall be informed of these amendments through any pertinent channel.
Any user who does not agree with the amended terms and conditions must unsubscribe from Cambridge Mask and its website according to the provisions set out in paragraph “Cancellation of Terms of Services”.
Users who continue to use Cambridge Mask and its website after the entry into force of the amended terms and conditions shall be deemed to have accepted these amendments.
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
In the event of any dispute with Cambridge Environmental Solutions, in relation with these terms and conditions, users have the right to seek recourse, free of charge, to a consumer mediator, for free of charge, for purposes of finding an amicable settlement.
LAW AND JURISDICTION
These terms and conditions are subject to UK law and shall be interpreted and governed by such.
Any dispute that may arise in connection with their interpretation, their validity or their enforcement shall fall within the exclusive jurisdiction of the courts of the UK.
Please fill in this form if you wish to exercise your withdrawal right.
Cambridge Environmental Solutions, LTD
Email address: [email protected]
I hereby notify you my withdrawal of the purchase of Cambridge Mask made on:
Ordered / received on:
Date of registration:
Name of the buyer:
Address of the buyer: