Terms & Conditions for Neos Products and Services
Aviva has partnered with Neos to make Neos Products and Services available to Aviva’s customers. Neos is responsible for its Products and Services and this document sets out the terms and conditions for the Neos Products and Services, excluding Neos Boost which is subject to additional terms and conditions. As part of accepting Neos’ Services, you should now read and familiarise yourself with these Terms & Conditions. For the Neos Boost terms and conditions see here.
The Terms & Conditions for Neos Products and Services include (but are not limited to) terms that inform you that:
- Neos Products include third party sourced devices, which are intended to help you protect your home.
- While Neos has selected these devices based on their reliability, they are intended for the provision of non-time-critical and non-life-threatening information. They are not intended to be reliable or available 100% of the time and are not certified for emergency use and should therefore not be considered a replacement for certified devices.
- Neos Services include the Neos website, Aviva SmartHome App, devices connectivity and (where available) additional related services associated with the Neos Products (e.g. monitoring services or subscription services).
- Neos Services may be subject to sporadic interruptions and failures for a variety of reasons beyond Neos’ control.
- Should you wish to return your Neos Product(s) please refer to Neos’ returns page which can be found at https://shop.neos.co.uk/pages/returns.
The Neos Products and Services and the Aviva Smarthome App are not insurance products and are not regulated by the Financial Conduct Authority or covered by other financial services regulations.
1.1 Acceptance of Terms & Conditions
1.1.1 The Terms & Conditions set out herein relate solely to the Products and Services provided by Neos Ventures Limited relating to the website shop.neos.co.uk (“the website”) and the Aviva SmartHome App (“App”). References to “devices” are reference to “Neos Products” and references to “website” and / or “App” and / or “device connectivity” are references to the “Neos Services” and vice versa. References to “we”, “us”, or “our” are references to Neos Ventures Limited.
1.1.2 We are a company registered in England and Wales (09941700) and our registered office address for correspondence can be found on Companies House https://beta.companieshouse.gov.uk/company/09941700.
1.1.3 References to “Aviva” are to Aviva UK Digital Limited. Where the term “Aviva Group Company” is used, it refers to one or more of the trading companies of Aviva that operate in the United Kingdom. Neos is majority owned by an Aviva Group Company. For information concerning Aviva and for a full list of the Aviva Group Companies, see https://www.aviva.co.uk.
1.1.4 Your use of the Neos Products and Services is at all times subject to these Terms & Conditions. By accessing the Neos Products & Services you agree to our Terms & Conditions set out below. If you do not agree to these Terms & Conditions, you must exit our website and / or App immediately.
1.2 Changes to Terms & Conditions
1.2.1 We reserve the right, from time to time, with notice to you, to change these Terms & Conditions at our sole discretion. The Terms & Conditions applicable to your access to and use of this website and App will be the version that is current and displayed on the website and / or App as at each date you access the website and / or App. Your use of the Neos Products and Services after changes are made means that you agree to be bound by such changes.
1.3 Billing & payments
1.3.1 For billing or payment enquiries please email firstname.lastname@example.org.
1.3.2 Products available for reservation and pre-order are not offered for sale by Neos. Your placement of a reservation and pre-order does not create a contract for sale.
- By placing a reservation and pre-order for a Neos Product that is not yet available for sale, you make an offer to Neos to purchase the Neos Product subject to these Terms & Conditions. We will obtain an authorisation from your bank or credit card company for no charge. An authorisation from your payment card company may stay open for several days or weeks before a charge is actually made.
- Later, when the Neos Product is offered for sale, we may accept your offer to purchase the Neos Products subject to these Terms & Conditions. At that time, we will capture payment on the payment card you provided and ship your Neos Product. We may obtain an additional authorisation from your payment card company to confirm the necessary funds are available to purchase the Products requested.
- We reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled or if additional information is needed to complete and accept your order.
- You may cancel your offer to purchase Neos Products at any time prior to shipment and you will not be charged.
1.3.3. By providing a credit card or other payment method accepted by Neos, you represent and warrant that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Neos account, you can do so at any time by logging into your Account (as defined at section 2.1 below) and editing your payment information.
1.3.4. All Neos Products offered on the website are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Neos Products and/or Neos Services without prior notice. Prices for the Neos Products and Neos Services are subject to change at any time, but these changes will not affect any order for Neos Products you have already placed. In the event that we change the pricing for any Neos Service you have purchased, we will give you advance notice of this change in accordance with section 16 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 4(d) above.
1.4 Additional and related Services
1.4.1 Neos may develop and offer you additional and related services from time to time (e.g. subscription services). In the event such additional and related services do become available, Neos shall seek to contact you with information relating to such services and shall update its website and the App accordingly.
1.5 Other applicable terms
2.1 Your Account. To use certain Neos Services and Products, you must register for a user account (“Account”) and provide certain information about yourself, as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Neos Services and Products will not violate any UK or other applicable law or regulation.
You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your Account and to maintain your password securely to prevent others from gaining access. You agree to immediately notify Neos of any unauthorised use or suspected unauthorised use of your Account, or any other breach of security by contacting us at email@example.com. Neither Neos nor Aviva is liable for any loss or damage arising from your failure to comply with the above requirements.
2.2 The individual who creates an Account is the “Owner” of that Account and is the Owner of the Neos Products and Services associated with that Account. Individuals who are authorised to access an Owner’s Products and Services are “Authorised Users”. Authorised Users may have the ability to use the Neos Services and monitor and control the Neos Products (for example, an Authorised User can turn your camera on or off and download clips that can be shared). Authorised Users may also have the ability to view information (including personal information) and content across all of an Owner’s Neos Products and Services with Neos connections (for example, an Authorised User will receive mobile alerts or can view your video history). Authorised Users are responsible for their own actions in connection with the Neos Products and Services, but the Owner also hereby agrees to be fully responsible for all actions taken by Authorised Users relating to the Owner’s Neos Products and Services and Account. If you are an Owner who invites or enables an Authorised User, you acknowledge and agree that said Authorised User may subsequently invite or enable other Authorised Users with the same access and ability to use your Neos Products and Services set out above. As a result, if you are an Owner, you should only authorise those individuals whom you trust to access your Account and Neos Products and Services.
3.0 Website, app and device use
3.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programmes designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Neos Products and Services. You also agree not to interfere with the servers or networks underlying or connected to this website or Neos Services or to violate any of the procedures, policies or regulations of networks connected to the website and/or App and/or devices.
3.2 All content and programming of the website and / or App is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website and / or App without our written permission. Use of the website and / or App is restricted to personal, non-commercial use only.
3.3 You agree not to impersonate any other person while using the Neos Products and Services, conduct yourself in an offensive manner while using our website and / or App, or use the website and / or App for any illegal, immoral or harmful purpose.
3.4 You may not use the Neos Services for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates and partners (including, but not limited to, Aviva).
3.5 It is your responsibility to ensure your computer system and mobile device meets all the necessary technical specifications to enable you to access and use the website and / or App and is compatible with the website and / or App.
3.6 We may, from time to time, restrict access to certain features of the Neos Services, parts or content of the website and / or App, or the entire website and / or App, to users who have registered with us.
3.7 The information contained in the website is for general information purposes only. We endeavour to keep the information contained on the website up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website and / or App, please contact us at firstname.lastname@example.org.
4.0 Intellectual property rights
4.1 All intellectual property rights in or relating to the Neos Products and Services and the website (including our copyrights, patents, trade secrets, text, graphics, software, photographs and other images, videos, sound, trade marks and logos) (the “Neos IPR”) are owned by us, our affiliates or our licensors.
4.2 You acknowledge that all Neos IPR are owned by Neos or our affiliates or our licensors. Your possession, access to and use of the Neos Products and Services do not transfer to you (or any third party) any rights, title or interest in or to such Neos IPR. Neos and its affiliates and licensors and suppliers, reserve all rights. Neos hereby grants to you a non-exclusive and revocable licence to use the Neos Services in accordance with these Terms & Conditions.
4.3 In the event Neos makes it available to copy parts of the Neos Services (including this website) onto your own computer for your own personal use, you agree not use the content of the Neos Services in any other public or commercial way, nor may you copy or incorporate any of the content of the Neos Services into any other work, including your own website, without the prior written consent of Neos. You must have a licence from us before you can post or redistribute any portion of the Neos Services. Other than with respect to Ideas (as defined at section 4.4 below), Neos retains full and complete title to all content on the Neos Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Neos Services, or any content therein.
4.4 Feedback. You may choose to, or Neos may invite you to, submit comments, suggestions or ideas about the Neos Products or Services, including how to improve the Neos Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited and without restriction, and will not place Neos under any fiduciary or other obligation. Neos 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 Neos does not waive any rights to use similar or related ideas previously known to Neos, developed by its employees or obtained from other sources.
4.5 User Submissions. You hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to access, display or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you with the Neos Services and as directed by you.
5.0 External links
5.1 From time to time this website and / or App may also include links to other websites and / or apps and / or devices and / or services that we do not control. These links are provided for your convenience and information. They do not signify that we endorse the website(s) and / or app(s) and / or device(s). Neither we nor Aviva have responsibility for the content, privacy policies or operation of such linked website(s) and / or app(s) and / or device(s), or for anything provided (or not provided) by the third parties.
6.0 Availability of Services (including website and / or app)
6.1 Although we aim to offer you the best service possible, we make no promise that our website and / or App will be available all of the time, meet your requirements or be fault free. If a fault occurs in the Neos Services, please report it to us at email@example.com and we will correct the fault as soon as we reasonably can.
6.2 Your access to the website and / or App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can.
6.3 Your access to the website and / or App may be occasionally restricted due a variety of reasons beyond Neos’ control (e.g. internet connection, phone software). You acknowledge these limitations and agree that Neos is not responsible to resolve nor liable for subsequent implications from failure or delay due to reasons beyond Neos’ control.
7.0 Products (including devices)
7.1 Neos has selected devices based on their reliability and performance, however, they are intended for the provision of non-time-critical and non-life-threatening information. They are not intended to be reliable or available 100% of the time and are not certified for emergency use and should therefore not be considered a replacement for certified and/or third-party monitored devices (e.g. smoke detectors that are EN14604:2005 compliant). The third party devices used by Neos are subject to sporadic interruptions and failures for a variety of reasons beyond Neos’ control. Neos makes no warranty or representation that use of the Neos Products or Services will affect or increase any level of safety. For the avoidance of doubt, Neos will not contact emergency services on your behalf in the event of an emergency. You should report all life threatening, safety and emergency events to the appropriate emergency services.
7.2 You acknowledge these limitations and agree that neither Neos nor Aviva is responsible for any loss or damage allegedly caused by failure or delay in the third party devices provided by Neos.
7.3 Automatic Software Updates. Neos may, in its sole discretion from time to time, provide updates, patches, fixes and other modifications to its Product(s), the App or other parts of the Neos Services (collectively “Updates”), but has no obligation to do so. Any Update shall be fully subject to these Terms & Conditions. Updates may be automatically installed without providing any additional notice to, or obtaining any additional consent from, you. Accordingly, you consent to these automatic Updates. If you do not want such Updates, your remedy is to terminate your Account with us and stop using the Neos Services and Products; otherwise, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the App or other parts of the Neos Services and Products and, when applicable, you agree to promptly install any Updates that Neos makes available to you. Neither Neos nor Aviva shall be responsible for any loss or damage allegedly caused by a failure to promptly install any Updates.
8.0 Delivery and return of Products (including devices)
8.1 Devices can only be delivered to addresses within the United Kingdom; this excludes PO Box addresses and BFPO addresses.
8.2 From time to time, we my offer different methods of delivery (e.g. “Express” or “Standard”), the cost and expected arrival delivery dates shall be presented at the point of purchase. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Actual delivery times may vary for you depending on (including but not limited to): stock availability; your delivery address; circumstances impacting delivery by the delivery service.
8.3 You will not hold us nor Aviva responsible for any delays, outside our control, which relate to the delivery of devices.
8.4 It is your responsibility to report all lost or undelivered devices online within 7 days of the estimated arrival and delivery date by contacting us at: firstname.lastname@example.org.
8.5. Refused deliveries will be returned to our warehouse via the assigned courier service. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
8.6 If you are dissatisfied with any device you receive from us, please contact our customer services team email@example.com. We retain the right to request a return of any faulty device to us and the device will be inspected. If we request recorded delivery then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a replacement device will be provided at no charge. Nothing in this section affects your legal rights.
9.0 Product returns for refund and warranty
9.1. Please see our Returns policy which can be found at https://shop.neos.co.uk/pages/returns which provides details of how to request a return and the term and conditions for returning Neos products.
9.2. The return policy described above is in addition to, separate from, and does not substitute your legal rights and remedies under applicable law.
9.3 Neos provides a Product warranty against any material or workmanship defects when a Neos Product it is used in accordance with the purposes for which they are intended, for a period of one (1) year after the date when the product was originally purchased from Neos or an authorised Neos dealer by the original buyer.
9.4 The implementation of the Neos Product warranty is subject to the Customer complying with the following points: (i) informing us by contacting us firstname.lastname@example.org during the period of one  year after the date with the product was originally purchased, providing a detailed description of the presumed fault and confirmation of use of the Product in accordance with the purposes for which they were intended, (ii) Neos acknowledging receipt and providing details for warranty returns process, (iii) upon receipt of Neos acknowledgment, send back the Product concerned together with the proof of purchase of the Product, at the Customer’s expense, so that we can repair or replace it.
9.5 Neos shall be entitled, at its sole discretion and upon submission of a valid Product warranty claim, to (i) replace the faulty Product with new or repaired equipment offering equivalent functions to the Product to be repaired; (ii) refund the original purchase price of the Product in exchange for the faulty Product.
9.6 Any returned or repaired Product shall be covered by the guarantee for the remainder of its term. The Product warranty may not be transferred from the Customer to any other subsequent owner of the Product.
9.7 If we consider, after having examined the returned Product, that the Product is defective for any other reason other than material or workmanship defects (i.e. Product has become defective due to inappropriate use etc), the Product shall no longer be subject to any warranty obligation.
10.0 Product installation
10.1. The Products (including devices) have been selected on the basis that they can be easily self-installed by you.
10.2. There may be laws regarding on how and where you install and use a particular Neos Product (i.e. ensuring you do not use a recording device in any public place). You should check that you are in compliance with all relevant laws. Neither Neos nor Aviva shall be responsible for any loss or damage allegedly caused by a failure to comply with relevant laws.
10.3 Neither Neos nor Aviva is responsible for any injury, loss or damage caused by self-installation.
11.0 Limitations on liability
11.1 Aviva does not accept any liability to you in respect of the Neos Products and Services. Neither Aviva nor any Aviva Group Company makes any representation (express or implied) that the Neos Products and Services are of a particular nature or standard or are suitable for your purposes. To the extent Aviva has introduced you to the Neos Products and Services, that introduction does not constitute a recommendation or referral. Neither Aviva nor any Aviva Group Company will be liable to you for any costs, charges, liabilities or losses sustained, incurred or payable by you which arise (directly or indirectly) from your relationship with Neos and/or your purchase, installation, download, and/or use of the Neos Products and/or Services.
11.2 Nothing in this section 11 or otherwise in these Terms & Conditions shall exclude or in any way limit our liability for: fraud or fraudulent misrepresentation; death or personal injury caused by our negligence; breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; under Part I of the Consumer Protection Act 1987; or any other liability to the extent the same may not be excluded or limited as a matter of law.
11.3 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
11.4 Subject to section 11.1, in no event shall we be liable to you for any losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant Neos Products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
11.5 You acknowledge that your use of the Neos Services is at your own risk.
11.6 Except for liability which we cannot limit, restrict or exclude by law we shall have no liability to you or any third party for any direct, indirect or consequential losses or damages (including loss of profits), or any other damages of any kind whether that were not foreseeable to both you and us at the point of sale or use of the Neos Services.
12.0 Applicable law
12.1 Your use of this website and / or App is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of the Products and Services we provide are subject to the exclusive jurisdiction of the courts of England and Wales.
13.0 Assignment by us
13.1 You agree that we and/or Aviva may assign any of our rights and/or transfer, sub-contract or delegate any of our rights and obligations under these Terms & Conditions. These Terms & Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms & Conditions.
14.0 Accounts are non-transferable
14.1 Accounts with Neos Ventures Limited are not transferable and therefore cannot be sold or traded.
15.0 No waiver
15.1 If we and/or Aviva delay exercising or fail to exercise or enforce any right available to us under these Terms & Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms & Conditions.
16.0 Force majeure
16.1 Neither Neos nor Aviva will be liable to you for any lack of performance, or the unavailability or failure, of this website and / or App or Neos Services, or for any failure by us to comply with these Terms & Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
17.0 Third party rights
17.1 Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
18.0 No warranty of Services
18.1 The Neos Products are covered by the Warranty for any manufacturer defect. Neos Services (including website and / or App and our communications, and their content) are provided as is.
18.2 Neither Neos nor Aviva accept liability for the content of and functions contained on the website and / or App and / or devices or in our communications.
18.3 We make no warranty that the Neos Services will operate uninterrupted or error-free.
18.4 We make no warranty that the website and / or App is compatible with all computer or mobile device software and equipment.
18.5 We take internet security seriously, although we cannot warrant that the website and / or App and its server is free of errors, viruses, worms, Trojan Horses or any other malicious software. Neither Neos nor Aviva shall be liable for any damage you may suffer as a result of such destructive and unintended features.
18.6 Neither Neos nor Aviva will be deemed to be in breach of contract or of these Terms & Conditions as a result of any failure to perform our obligations or any delay in our performance if that failure or delay is due to any circumstance beyond our reasonable control.
18.7 We warrant that the products will be of satisfactory quality and fit for purpose.
18.8 This warranty is in lieu of all other warranties, expressed or implied.
19.0 Validity of provisions and remedies
19.1 If any provisions of these Terms and Conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
20.0 Waiver and breach
20.1 No waiver by Neos and/or Aviva or breach of the Terms & Conditions shall constitute a waiver of any other form.
20.2 No failure by Neos and/or Aviva to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
21.0 Web links and advertising
21.1 Links to our website and / or App from other websites or publications (including, but not limited to, magazines, newspapers, newsletters and flyers) (other than websites owned by us or publications commissioned by us) are for information only. They have not been reviewed by us and as such, neither Neos nor Aviva have any responsibility for the content of such websites or publications and accept no liability for any loss or damage whatsoever that may be incurred as a result.
22.0 Contacting us
22.1 Please submit any questions you have about these Terms & Conditions you have registered for by email to email@example.com or write to us through using our registered address, which can be found on the Companies House Website.