Terms and conditions

Clause 3.1

These general terms and conditions apply to every product and service offered on the Alarmira website, to every quotation and purchase order for those products and services and to all deliveries thereof. Every purchase order placed implies acceptance of the general terms and conditions.

Clause 3.2

The general terms and conditions can be consulted at any time on the Alarmira website.

Clause 3.3

Punfyre BV only offers technical services in connection with the transmission of alarm signals via the Alarmira alarm button and the associated application. Punfyre BV does not carry out security activities as defined in the law of October 2, 2017 regarding private and special security. All surveillance and follow-up activities, including monitoring and intervention after an alarm, are carried out entirely by recognized and licensed third parties, such as Securitas Alert Services.

Clause 5.1

The Alarmira products and Alarmira services from Punfyre BV are offered for sale in the webshop of the Alarmira website. The user can choose from a free or a paid subscription.

Clause 5.2

The prices for the Alarmira products and Alarmira services offered for sale in the webshop of the Alarmira website include VAT.

The prices stated on the Alarmira website do not include shipping costs. The calculation of the shipping costs can be consulted at any time on the website. All other taxes and levies of whatever nature relating to the Alarmira products to be delivered or their transport, including new taxes and levies that would be introduced after the conclusion of the Agreement, are entirely borne by the user.

Clause 5.3

The subscriptions are purchased for a specific period of one (1) year. The subscriptions are paid in advance for their entire duration. A subscription automatically takes effect after receipt of payment to Punfyre BV by the user.

If the user wishes to terminate the subscription before the expiry of its duration, the user will owe Punfyre BV a termination fee corresponding to the amount owed until the expiry date of the subscription duration. Since the fees for the Alarmira products and the Alarmira services have already been paid by the user to Punfyre BV before their delivery and commencement, in that case these fees will be definitively forfeited by Punfyre BV without Punfyre BV still having to deliver Alarmira products and/or Alarmira services to the user.

After the first subscription year has expired, the subscription for the Alarmira services will be tacitly renewed for an indefinite period, unless the user cancels the subscription by registered letter addressed to Punfyre BV no later than one (1) month before the end of this first subscription year. After the tacit renewal of the subscription, the user can cancel the subscription for the Alarmira services at any time by registered letter addressed to Punfyre BV, provided that a notice period of two (2) months is respected. The notice period commences on the first day of the month following the month in which the notice was given.

Clause 5.4

Punfyre BV reserves the right to unilaterally change the prices and range of Alarmira products and Alarmira services at any time. The new price and/or the new offer will be notified to the user in writing at least one (1) month before it takes effect. If the user does not accept the new price and/or the new offer, that user has the option to terminate the subscription by registered letter addressed to Punfyre BV. If Punfyre BV has not received this cancellation (in time), the user is deemed to agree to the new price and/or the new offer.

Clause 6.1

Unless expressly stated otherwise in a specific sales offer, the costs for the first purchase of Alarmira products and the Alarmira services (incl. first subscription year) are paid by the user via an online payment. For online payment, the user is referred to the Mollie payment platform. By using this service, the user agrees to Mollie's General Terms and Conditions.

If during the online purchase process the price to be paid cannot be deducted from the user's account (insufficient balance, incorrect account number, technical problems, etc.), the purchase-sale of the Alarmira products and/or the Alarmira services is deemed not to take place.

Offering payment options does not imply any liability on the part of Punfyre BV that the payment system is flawless, without disruptions, interruptions or errors. Punfyre BV is not liable for any damage, direct or indirect, resulting from making a payment.

Clause 6.2

After the tacit renewal of the subscription for the Alarmira services, the user will receive an annual invoice from Punfyre BV. The Alarmira services are only provided after receipt of payment of each annual invoice. The user acknowledges and accepts that in the absence of timely payment, the Alarmira services will be suspended without prior notice of default and without compensation for the benefit of the user.

Clause 6.3

Amounts and/or invoices not paid on the due date will automatically and without prior notice of default incur a late payment interest of 12% per year on the unpaid amount from the due date. A lump sum compensation of 10% of the amount still owed (with a minimum of EUR 50) is also owed by operation of law and without prior notice of default, as a compensation clause, without prejudice to the right of Punfyre BV to claim higher compensation if the actual damage suffered is higher.

Clause 6.4

Any costs and/or fines associated with the interventions of third parties, such as the police, the fire brigade, an ambulance, etc. (non-exhaustive list) resulting from the use of the Alarmira services (including the Alarmira alarm button) are always borne by the registered user and cannot be recovered from Punfyre BV, nor from Securitas Alert Services.

Clause 7.1

In case of distance selling, Punfyre BV undertakes to deliver the Alarmira products (i.e. the Alarmira alarm button with personal code) to the user's address. The delivery times on the website alarmira.com are only indicative; they are approximate and are not strict deadlines. The Alarmira products are only delivered by Punfyre BV to the user after receipt of payment in accordance with Article 6 of these general terms and conditions.

Clause 7.2

If the planned delivery date is exceeded due to an error on the part of Punfyre BV, the user can cancel the order free of charge without judicial intervention and with a simple notification to Punfyre BV (by e-mail: info@alarmira.com ), provided that the ordered Alarmira product has not yet been shipped to the user by Punfyre BV. The user will then receive a refund of the amounts already paid from Punfyre BV within thirty (30) days.

Clause 7.3

If an order cannot be delivered to the address specified by the user, Punfyre BV reserves the right to terminate the agreement by operation of law, without prejudice to its other rights under the agreement and the law. Punfyre BV will notify the user of the termination of the agreement.

Clause 7.4

The risk regarding the Alarmira products (i.e. the Alarmira alarm button with personal code) is transferred to the user from the moment of their delivery to the user or their collection by the user. From that moment on, the user bears the risk for loss, theft, and partial or complete destruction of the Alarmira products. Ownership of the Alarmira products is only transferred from Punfyre BV to the user upon full payment of the price by the user.

Clause 7.5

The user undertakes to immediately receive the sold goods upon delivery and to investigate whether the quality of the delivered goods corresponds to what was agreed. Any visible defects regarding the delivered goods must be reported in writing to Punfyre BV immediately and no later than 48 hours after delivery. If visible defects are found, the user is obliged to return the delivered goods in the original packaging to the address of Punfyre BV at his own expense.

Clause 7.6

The user undertakes to activate the Alarmira services in accordance with Article 8.2 of these general terms and conditions within a period of six (6) months after receiving the Alarmira alarm button. Failing this, Punfyre BV is entitled to terminate the subscription without judicial authorization, without prior notice of default and without compensation for the user.

Clause 8.1

To use the Alarmira services, the registered user must have a working Alarmira alarm button and a working mobile phone. The user must download the Alarmira application on his/her mobile phone via the usual route (iTunes or Google Play).

Punfyre BV does not guarantee that the Alarmira application can be downloaded to every mobile phone. The registered user is responsible for informing himself about this in advance. The incompatibility of the registered user's mobile phone with the Alarmira application is not a valid reason for termination of the subscription.

Clause 8.2

To activate the Alarmira application with associated alarm button, the user must complete the registration procedure provided via this application. If this registration procedure is not met, Punfyre BV cannot provide the Alarmira services.

The registered user undertakes to activate the Alarmira services (alarm) only when he/she is in a panic situation.

The registered user undertakes to use the Alarmira alarm button only for the purposes prescribed by Punfyre BV.

Clause 8.3

The registered user must ensure that the Alarmira alarm button is working. The registered user is therefore obliged to check, among other things, whether the battery of the Alarmira alarm button is not empty and whether it is sending a signal.

The registered user acknowledges that he has been informed about the operation of the Alarmira alarm button, in particular that the signal from this alarm button can only be forwarded when:

• (i) the registered user's mobile phone is at a distance of no more than 2 meters from the Alarmira alarm button,
• (ii) the registered user's mobile phone is turned on and functioning normally (battery not empty, mobile phone not broken, mobile phone not affected by viruses, etc.),
• (iii) the Bluetooth is activated on the registered user's mobile phone,
• (iv) there are no obstacles that disrupt the signal,
• (v) mobile internet is installed on the registered user's mobile phone and
• (vi) there is an active internet connection with the registered user's mobile phone at the time of pressing the Alarmira alarm button.

Punfyre BV cannot be held liable for any damage caused by a non-functional Alarmira alarm button.

Clause 8.4

The registered user must ensure that the localization and audio system of his mobile phone is working.

The registered user is responsible for ensuring that his mobile phone is suitable for recording and transmitting an audio recording at the time of pressing the Alarmira alarm button, as well as for locating and transmitting a GPS coordinate.

Punfyre BV is not liable for the incorrect (correct/accurate) functioning of the audio and localization system of the registered user's mobile phone, if this is due to technical problems of this user's mobile phone.

Clause 8.5

The registered user undertakes to report to Securitas Alert Services and Punfyre BV any malfunction or defective operation of the Alarmira alarm button and/or the Alarmira application that may give rise to unnecessary alarms within eight (8) hours of its occurrence.

Clause 8.6

Punfyre BV may release new versions of the Alarmira application at any time, with or without changed functionalities and usage methods. If the registered user does not agree to the changes to the Terms of Use, his/her right to use them ends and the license is terminated. If the registered user does not object to the amended terms of use within a period of seven (7) days after notification thereof to the user, he/she will be deemed to have agreed to these amended terms of use.

Clause 8.7

Punfyre BV's services are provided on an 'as is' basis, without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Punfyre BV does not guarantee that the services will be uninterrupted or error-free.

Clause 9.1

Punfyre BV is not a security company and does not carry out activities that fall under the definition of security activities according to the law of October 2, 2017. The services of Punfyre BV are limited to the technical facilitation of the communication of alarm signals between the user and a recognized security company. The user acknowledges that all tasks relating to monitoring, alarm follow-up, and any interventions following an alarm are carried out exclusively by recognized and licensed third parties, such as Securitas Alert Services or other recognized control rooms, depending on the country and the specific location of the user.

Clause 9.2

The user acknowledges that he/she must enter into an agreement directly with the recognized security company for the performance of security activities. Punfyre BV only acts as a channel for technical signals and is not responsible for the performance of any monitoring services.

Clause 10.1

The user acknowledges that Punfyre BV does not carry out surveillance activities for which a permit is required. These activities are carried out entirely by Securitas Alert Services or other recognized and licensed monitoring centers assigned based on the user's country or location. Punfyre BV limits itself to transmitting technical signals and does not offer monitoring, follow-up or intervention.

Clause 10.2

Securitas Alert Services is fully responsible for the processing and follow-up of alarms after activation of the Alarmira alarm button. Punfyre BV bears no responsibility for these activities and cannot be held liable for any damage resulting from the performance of these services by Securitas Alert Services.

Punfyre BV also accepts no responsibility for the security of the user's data by Securitas Alert Services.

Punfyre BV is in no way liable for the conduct, actions or omissions of Securitas Alert Services.

Clause 10.3

In the context of the alarm follow-up by Securitas Alert Services, the registered user is obliged to comply with the general terms and conditions of Securitas Alert Services. The registered user acknowledges that he has taken note of these general terms and conditions of Securitas Alert Services.

Clause 10.4

The user acknowledges that all obligations relating to monitoring activities, including compliance with legal requirements, are fulfilled by Securitas Alert Services, and releases Punfyre BV from any liability in this regard.

Clause 10.5

Punfyre BV may engage third parties to provide certain services. Punfyre BV is not responsible for the actions, errors, or negligence of these third parties, nor for any damage resulting from them.

Clause 11.1

Punfyre BV is not liable for any direct, indirect, incidental, special, or consequential damages arising from or related to surveillance activities, including but not limited to monitoring, follow-up of alarms, interventions, and any form of enforcement that takes place after activation of an alarm. These activities are carried out exclusively by Securitas Alert Services or other recognized and licensed third parties, with whom the user has entered into a separate agreement.

Clause 11.2

The user acknowledges and accepts that Punfyre BV is not responsible for these activities, nor for any shortcomings, errors, omissions or omissions by Securitas Alert Services or such third parties. The user hereby fully indemnifies Punfyre BV against all claims, demands, costs, damages, and legal expenses arising out of or related to surveillance activities, regardless of the cause or nature of the claim, including but not limited to claims based on negligence, breach of contract, or statutory obligations.

Clause 11.3

In no event shall Punfyre BV be liable for any indirect, incidental, punitive, or consequential damages, including without limitation, loss of profits, revenue, data, or use, whether such damages arise from breach of contract, tort (including negligence), or otherwise, even if Punfyre BV has been advised of the possibility of such damages.

Clause 12.1

The user has the right to cancel the agreement or subscription as determined in article 5.3 of these general terms and conditions.

Clause 12.2

Without prejudice to the cancellation and suspension clauses as determined in Article 5 and Article 6.2 of these general terms and conditions, and the indemnification clause from Article 13.3, Punfyre BV has the right to unilaterally terminate the subscription or agreement without complying with the notice period in the event that:

• the registered user does not use the Alarmira products and/or Alarmira services in the context of the purposes described by Punfyre BV; or
• the registered user does not pay an invoice after prior notice of default; or
• the termination of the cooperation agreement between Punfyre BV and Securitas Alert Services, for any reason, unless Punfyre BV has concluded a new cooperation agreement with a new recognized security company or licensed alarm center that can further guarantee the continuation of the Securitas Alert Services services in the context of the contract concluded between the registered user and Securitas Alert Services regarding the use of the Alarmira alarm button and to which the registered user has not lodged a written objection within a period of eight (8) days after notification thereof to Punfyre BV. In the latter case, the user undertakes to conclude an agreement with this new recognized security company or licensed alarm center.

Clause 12.3

Punfyre BV reserves the right to immediately terminate the provision of services to a registered user if the user acts contrary to these general terms and conditions or if Punfyre BV decides to terminate the service for business reasons. In such a case, Punfyre BV will notify the user in writing and, if applicable, provide a proportionate refund for unused services.

Clause 13.1

A party is only liable for damage caused by proven shortcomings attributable to it within the limits of this article. If a party violates its obligations, it will be declared in default by the other party. The notice of default must be in writing and describe in reasonable detail the nature of the shortcoming. The notice of default must give the defaulting party a reasonable period to remedy the shortcoming. If possible, Punfyre BV will repair the error at its own expense, for example by supplying a new Alarmira alarm button. In that case, the registered user will not be able to claim compensation.

Clause 13.2

The liability of Punfyre BV is in any case limited to the value of an annual subscription taken out by the registered user. The right to compensation for errors attributable to Punfyre BV expires six (6) months after the alleged error occurred.

Clause 13.3

The registered user undertakes to fully indemnify and hold Punfyre BV and its directors, employees, representatives and affiliates harmless from and against all damages, losses, claims, liabilities, fines, costs, and expenses (including reasonable legal costs and expenses) arising out of or in connection with:

• (i) the use of the Alarmira products and/or Alarmira services by the user or a third party;
• (ii) any act, omission or default of Securitas Alert Services or other recognized and licensed third parties involved in the performance of surveillance activities;
• (iii) all third party claims arising from or related to the monitoring activities, including but not limited to monitoring, alarm follow-up, and interventions;
• (iv) any violation by the user of these terms and conditions or of any applicable law or regulation;
• (v) any claim by third parties regarding intellectual property rights, privacy rights, or other rights arising from the provision of the Alarmira products and/or services; unless these damages or claims are the result of fraudulent intent or gross negligence on the part of Punfyre BV. This indemnity remains in effect after the termination of the agreement between Punfyre BV and the user.

Clause 13.4

It is possible that the Alarmira website contains links that refer to other websites that may be interesting or informative for the visitor to the Alarmira website. Such links are purely informational. Punfyre BV is not responsible for the content of the website referred to or its use.

Clause 14.1

The user has the right to withdraw from the distance contract within fourteen (14) days of the purchase order, without giving reasons.

Clause 14.2

To exercise the right of withdrawal, the user must inform Punfyre BV of the decision to withdraw from the distance contract by means of an unambiguous statement by registered letter. To comply with the withdrawal period, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Clause 14.3

If the user revokes the distance contract, the user will receive back all payments he/she has made up to that time, including delivery costs (with the exception of any additional costs resulting from the choice of a method of delivery other than the cheapest standard delivery offered by us) without delay and in any case no later than fourteen (14) days after Punfyre BV has been informed of the decision to revoke the distance contract. Punfyre BV will refund the user with the same payment method used for the original transaction.

Clause 14.4

The costs for returning or collecting a product will be borne by the user in the event of an appeal to the right of withdrawal.

Clause 15.1

Force majeure includes all external causes, foreseen or unforeseen, over which a party has no influence, but which prevent a party from fulfilling its obligations, including: electrical, IT, internet or communications disruptions, natural disasters, pandemics, cyber attacks, war and military operations, national or local emergencies, acts or omissions of the government, economic disputes of any kind, actions of employees, fire, “bugs” in third-party software, flooding, lightning, explosions, cave-ins, unexpected legal or regulatory changes, delays or errors by suppliers, price increases by the suppliers of goods or services, as well as any act or omission of any person or entity beyond the reasonable control of a party.

Clause 15.2

In the event of force majeure, the obligations of the party concerned will be suspended. In such a case, the parties will make all reasonable efforts to limit the consequences of the force majeure situation. If the force majeure lasts longer than two (2) months, the other party is entitled to terminate the agreement or subscription without judicial intervention, without any obligation to pay compensation in that case.

Clause 16.1

Punfyre BV grants the registered user a temporary, revocable, non-exclusive and non-transferable license to use the entire Alarmira application for his personal, non-commercial use in accordance with these general terms and conditions. This license may not be shared with any other person. The license is not transferable to third parties, unless with the prior written permission of Punfyre BV.

Clause 16.2

All intellectual property rights to the Alarmira website, the Alarmira alarm button and the Alarmira application and its contents, including software, images, databases, brands, logos, drawings, data, product or company names, texts, are and remain the property of Punfyre BV or rightful third parties. The registered user may not make the Alarmira application available to third parties, sell, rent, decompile, reverse engineer or otherwise modify it.

Clause 16.3

All intellectual property rights to the Alarmira website, application, products, and the underlying technologies are and remain the property of Punfyre BV or its licensors. Users may not reverse engineer, decompile, or otherwise attempt to derive the source code of, copy, or otherwise use any technology, software, or other materials provided by Punfyre BV other than as permitted under these Terms.

Clause 16.4

The license to use the Alarmira application and products is strictly limited to the technical support of the communication of alarm signals. The use of this license does not include surveillance activities, as defined in the law of October 2, 2017, and Punfyre BV does not grant a license for such activities.