Terms and Conditions

QSENSE-MOTION designs products to inspire you to lead a healthier life together with the support of trustworthy specialists and clinicians. These Terms of Service apply to your access and use of our service, devices, applications, software, firmware, websites, APIs and products (hereon in referred as the “Services”).

These Terms are an agreement between you and QSENSE-MOTION. When the Terms mention “QSENSE-MOTION,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Service.

You must accept these Terms to access or use the QSENSE-MOTION Service. If you do not have an account, you accept these Terms by using any part of our Service. If you do not accept these terms, do not create an account or use the QSENSE-MOTION Service.

The Privacy Notice

For information about our data practices, please see our Privacy Notice, including our Cookie Use statement. By accessing or using our Service, you agree that we can collect and use your information in accordance with the Privacy Notice.

Account Creation

Full use of our Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact our Customer Support if you discover or suspect any security breach related to your account.

You may only use our Service if:

  • you own a device that is manufactured, distributed, or sold by QSENSE-MOTION itself or through its authorized resellers or agents;
  • you installed mobile applications and software, or approved third-party applications, software, website or devices;

You may not connect to our Service with any device that is not manufactured, distributed, or sold by QSENSE-MOTION itself or through its authorized resellers or agents or if you’re using any unauthorized application and third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the QSENSE-MOTION Service.

Equipment

Full use of our Service is dependent upon your use of a computer with adequate (approved) software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.

What you can do with the service

The QSENSE-MOTION Service is intended for your personal, non-commercial use.

QSENSE-MOTION grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the QSENSE-MOTION Service, (2) access and view the QSENSE-MOTION Content, (3) access and use the software and mobile applications provided by the QSENSE-MOTION Service, and (4) use the software that is embedded into QSENSE-MOTION devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the QSENSE-MOTION Service as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content and Service or any portion thereof, except as expressly permitted in these Terms or through further agreements with QSENSE-MOTION itself.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the QSENSE-MOTION Service:

  1. use, display, mirror, or frame our Service, without our express written consent;
  2. use any QSENSE-MOTION proprietary information without our express written consent;
  3. test the vulnerability of any QSENSE-MOTION system or breach any security or authentication measures;
  4. circumvent any technological security measure implemented by QSENSE-MOTION or any of our providers or any other third party (including another user);
  5. access the QSENSE-MOTION Service or Content through the use of any mechanism other than through an Authorized Connection, Service, or API; or
  6. modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that QSENSE-MOTION provides to you or any other part of the Service.

Use Of The Service Is Your Responsability

The accuracy of the data collected and presented through our Service is not intended to match that of medical devices, nor is it intended to diagnose, treat, cure, or prevent any disease. If necessary, depending on your health condition, consult your doctor before using the Service, engaging in an exercise program, or changing your diet. If you engage in any exercise program you receive or learn about through the Service and Content, you agree that you do so at your own risk and are voluntarily participating in these activities.

Our Rights

“Content” includes any data, text, exercise regimes, comments, software, or other materials that are posted, generated, provided, or otherwise made available through our Service. Content and Service, and its underlying technology are protected by copyright, intellectual property, and other laws. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, or other proprietary rights notices incorporated in or accompanying the QSENSE-MOTION Service.

Our Enforcement Rights

We have the right to monitor access or use of the Service and Content, or your Content or to review or edit any Content or Your Content for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements, such as the General Data Protection Regulation (“GDPR”). We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.

We reserve the right (but are not required) to remove or disable access to the Service and Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that Your Content, or your use of the Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the QSENSE-MOTION Service, and in response may take any action we may deem appropriate.

Copyright Policy

QSENSE-MOTION respects the intellectual property of others and expects its users to do the same. It is QSENSE-MOTION’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who infringe the rights of copyright holders.

Sending and Delivery

Delivery time

Within the Netherlands

Orders will be delivered as soon as possible. In principle we strive to deliver all orders placed within 24-72 hours. The delivery time is an indication and therefore no rights can be derived from this.

Within Europe

The delivery period for countries within Europe differs per country. ‘Standard delivery’ takes approximately 7-12 days and ‘priority delivery’ takes approximately 3-5 days.

Outside Europe

‘Standard delivery’ outside Europe takes approximately 10-15 days and ‘priority delivery’ takes approximately 6-9 days.

More sending and delivery details

Availability from our own stock

In principle, all products are directly available. When a product is sold out, QSENSE-MOTION will contact you as soon as possible by e-mail to find a solution.

Delivery time for payment in advance

When paying in advance, please allow 1-3 additional days transfer time. When we receive your payment your order will be sent immediately.

Delivery charges

Delivery charges depend on the size of the order, destination and payment method. Track your order online (Netherlands only) Using the TNT packet-code, you can track your order on the TNT post website. You can find your code in the order confirmation.

Not at home (Netherlands only)

When you’re not at home to receive your order, it will be offered again the next day. If you miss this as well you will be able to pick up your order at the postal office for 3 weeks after this occurs.

Payment & Prices

Prices All prices are in Euros and include VAT. Shipment charges are not included and depend on destination and shipping method. Payments can be made using iDEAL or payment in advance.

iDEAL (Netherlands only)

If you have access to internet-banking (ABN AMRO, ING, Rabobank, SNS Bank or Fortis) then you can make use of iDEAL, an easy and safe method of paying. iDEAL makes use of your own bank account, it is fast, simple, safe and free.

Your order

How to place your order

Placing an order at QSENSE-MOTIONall.com is quick and easy following the steps indicated by the webshop. Areas followed with an asterix (*) are obligatory. After you have placed your order you will receive the order status via e-mail.

Order confirmation

When your order is received, you will be sent an order confirmation e-mail with an order overview, order number and package code. If you do not receive order confirmation e-mail, please check the spam box in your e-mail account. If you still haven’t received the order confirmation e-mail please contact us using the contact form on our website QSENSE-MOTIONall.com or e-mail us at [email protected].

Payment confirmation

When paying in advance you will receive a payment confirmation e-mail 1-3 days after the payment was placed.

Sending confirmation

When your order has been sent, you will receive a sending confirmation e-mail with a TNT package code (Netherlands only). This code enables you to track your order on the TNT website.

Cancellation or change

If you want to cancel or change an existing order, then please contact us. You can send us an e-mail at [email protected] or use the contact from on our website.

Questions after delivery

If you have questions about the use or maintenance of your QSENSE-MOTION please see the frequently asked questions section. If you can not find the information you’re looking for please don’t hesitate to contact us! You can do this through the contact form on the website Qsense-Motion.com or via [email protected], we will try to answer your e-mail within 24 hours on workdays.

Suggestions and complaints

Suggestions If you have any suggestions about how we can improve our service and/or products, then please let us know. You can find a contact form on our website QSENSE-MOTIONall.com

Complaints

If you are not satisfied with your QSENSE-MOTION, our service or you have ideas for improvements of our products, then please let us know. You can send your complaint in writing or by e-mail, or use the contact form on the website Qsense-Motion.com. We will try to give you a definite answer within 1 week.

Returns & Warranty

Qsense-Motion.com 14 Day Satisfaction Guaranteed Return Policy

If you are unsatisfied with your purchase from Qsense-Motion.com for any reason, you have 14 days from the date of purchase to request a full refund. You may return any product purchased on QSENSE-MOTIONall.com (“Product”).

To qualify for a refund, all the following conditions must be met:

  • A Return Merchandise Authorization (RMA) must be requested from our customer service team within 14 days of your purchase date. To request an RMA, email [email protected].
  • Returned product(s) must be in good physical condition (not physically broken or damaged).
  • All accessories originally included with your purchase must be included with your return.
  • The RMA number must be included along with your returned product.

Additional terms and conditions:

  • Products ordered in December can be returned through January 15 of the following year (or 15 days – whichever is longer).
  • Shipping and handling charges, gift wrap fees, and taxes paid (e.g., state, customs, VAT) are not refundable.
  • You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to the Product while in transit to QSENSE-MOTION.
  • If you return Product to QSENSE-MOTION (a) without an RMA from QSENSE-MOTION or (b) without all parts included in the original package, QSENSE-MOTION retains the right to either refuse delivery of such return or charge you a restocking fee of 15% of the original price of the product or the retail value of the missing accessories, whichever is higher.
  • Refunds will be processed and paid within 2 weeks of QSENSE-MOTION’s receipt of Product.

Limited Product Warranty

2M Engineering Ltd. (“QSENSE-MOTION”) warrants to the original purchaser that your QSENSE-MOTION electronic device (the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the “Warranty Period”).

QSENSE-MOTION does not warrant that the operation of the Product will be uninterrupted or error-free. QSENSE-MOTION is not responsible for damage arising from failure to follow instructions relating to the Product’s use.

This Limited Warranty does not cover software embedded in the Product and the services provided by QSENSE-MOTION to owners of the Product. Refer to the license agreement accompanying the software and the QSENSE-MOTION services terms of use for details of your rights with respect to their use.

Remedies

If a hardware defect arises and a valid claim is received by QSENSE-MOTION within the Warranty Period, QSENSE-MOTION will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by QSENSE-MOTION itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.

How to Obtain Warranty Service

To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by QSENSE-MOTION. In accordance with applicable law, QSENSE-MOTION may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and QSENSE-MOTION will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the QSENSE-MOTION website (www.Qsense-Motion.com).

Exclusions and Limitations

This Limited Warranty applies only to the Product manufactured by or for QSENSE-MOTION that can be identified by the “QSENSE-MOTION” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) QSENSE-MOTION products and services other than the Product, (b) non-QSENSE-MOTION hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product.

This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of QSENSE-MOTION or if the Product is inserted or installed in a casing not provided by QSENSE-MOTION. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-QSENSE-MOTION products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by QSENSE-MOTION or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of QSENSE-MOTION. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.

No QSENSE-MOTION reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Implied Warranties

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.

Limitation of Damages

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, QSENSE-MOTION SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF QSENSE-MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law

This Limited Warranty shall be governed by the laws of the Netherlands, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

National Statutory Rights

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty.

About

QSENSE-MOTION and Qsense-Motion.com are a business initiative of 2M Engineering in the Netherlands.

QSENSE-MOTION-WEARABLE-MOTION-SENSOR

Activ8 offers consumer & medical-grade wearable devices for monitoring activity and sleep for use in consumer lifestyle, sports, research, clinical, therapy and OEM. Solutions that are both easy to use and scientifically validated.

Contact

2M Engineering B.V.

John F Kennedylaan 3

5555XC Valkenswaard

The Netherlands