VespaTracker provides a digital solution based on IT hardware and software components to support efficient and effective wildlife telemetry. The following Terms & Conditions of Use clarify the legal relationship between the Customer, the User and VespaTracker as Manufacturer. Please read this document with due diligence. 

By placing an order and upon receipt of the VespaTracker product(s), the Customer and the User agree to be legally bound by these T&C. For all hardware related questions please contact: info@vespatracker.com, for all software related questions please contact: info@hoornaarspotter.be.

1. Definitions

For the purpose of these Terms & Conditions of Use (hereinafter “T&C”), the following definitions apply. 

The VespaTracker ECO-System (hereinafter “Product”) refers to the complete Asian hornet tracking solution composed of modular hardware and associated software.

VespaTracker BV is the manufacturer of the hardware components (hereinafter “Equipment”), while Jobtimist BV is the manufacturer of the associated software platform.

Equipment includes, but is not limited to, the VESPA-NANO TAG, the NANO-CHARGER, the RANGE-PRO and the GRID-PRO, including embedded firmware.

The software platform (hereinafter “APP”) refers to the Hoornaarspotter APP used in connection with the Product.

The Hoornaarspotter APP includes, but is not limited to a Hunting Module and a Registration Module.

The Customer is any natural or legal person, aged 18 years or older, purchasing the Product and/or Equipment.

The User is any person, aged 18 years or older, using or operating the Product, Equipment and/or APP.

For any third-party modules or software components that are not owned, developed or controlled by VespaTracker, VespaTracker assumes no responsibility or liability for their operation, availability, data handling or outputs.

2. Contractual Scope

By purchasing, receiving or using the Product, the Customer and User agree to be bound by these T&C.

These T&C apply to both B2C and B2B transactions unless otherwise agreed in writing. No modification shall be valid unless explicitly accepted by VespaTracker in writing. Any terms proposed by the Customer (e.g. in a purchase order) are hereby rejected unless explicitly accepted by VespaTracker in writing.

The Product may only be purchased by persons aged 18 years or older. The Product is not intended for use by minors.

These T&C are complemented by additional documents, including appropriate usage guidelines, software terms and privacy policies, which form an integral part of the contractual relationship to the extent they are made available to the Customer and User prior to or at the time of purchase or use.

(a) Software - For information about the APP, please review the Software terms & conditions and privacy policy at www.hoornaarspotter.be

(b) Privacy - For information on how VespaTracker processes your personal information and protects your privacy when using the webshop, please review the privacy policy at www.vespatracker.com

(c) Usage – For appropriate usage of the Product, please review the User Manual at www.vespatacker.com.

In the event of conflict of any of the above documents, these T&C shall prevail unless expressly stated otherwise.

If the Customer is a legal entity, the individual accepting these T&C represents and warrants that he/she has full authority to bind the entity.

3. Intended Use and Compliance

The Product is designed exclusively as a technological support tool for tracking invasive hornet species.

Any misuse, including but not limited to use on non-target species, unauthorized modifications, reverse engineering, resale without consent, integration with non-approved devices/systems/software, or use in violation of applicable laws, is strictly prohibited and voids all warranties and to the maximum extent permitted by applicable law excludes or limits any liability on the part of VespaTracker.

Misuse explicitly includes, without limitation, any use of the Product for tracking, monitoring, or surveillance of individuals, vehicles, or property. Such use is strictly prohibited under all circumstances and shall not be authorized by VespaTracker, irrespective of any consent or purported legal basis.

The Product complies with applicable European regulatory requirements; however, no warranties are provided beyond those explicitly stated in these T&C.

The Customer and User acknowledge that the Product is a support tool only and does not warrant or guarantee any specific outcome, at all times under all conditions including detection, tracking or localization of hornets and/or nests.

Performance depends on external factors beyond VespaTracker’s control, including environmental conditions, terrain, weather, signal interference and correct use.

The Product shall not be relied upon as the sole or decisive method for locating hornets or nests.

VespaTracker shall not be liable for any damage, malfunction, or loss arising from misuse of the Product, including any use that is not in accordance with the Usage Manual or the instructions provided by VespaTracker, to the maximum extent permitted by applicable law.

The Product is provided “as is” and “as available” and is not intended to meet any specific purpose beyond the limited intended use described herein. The Customer and User assume full responsibility for evaluating, selecting, and determining the suitability of the Product for their intended use and application.

To the maximum extent permitted by applicable law, no warranty is given that the Product is fit for any particular purpose.

The burden of demonstrating proper use rests with the Customer and User. Proper use must be demonstrated through objective evidence, including but not limited to usage conditions, logs, and compliance with instructions. In the absence of such objective evidence, improper use shall be presumed, to the extent permitted by applicable law.

Nothing in this section shall exclude or limit liability in cases of fraud, wilful misconduct, gross negligence, or where such limitation is not permitted under applicable mandatory law.

4. Operational Risk and Responsibility

The Customer and User assume full responsibility for all operational risks associated with the use of the Product in real-world conditions, and acknowledge that use of the Product is at their own risk, subject to applicable law.

This includes, without limitation, handling of Equipment, attachment of tags, interpretation of signals and data, and any decisions or actions taken based on such information.

The effective use of the Product may require technical understanding, field experience and proper judgment.

All decisions and actions taken by the Customer or User based on the use of the Product are made entirely at their own risk.

The Customer and User expressly acknowledge that any reliance on the Product as a primary or sole decision-making tool is entirely at their own risk.

No statements, representations or expectations outside these T&C shall be binding unless explicitly confirmed in writing by VespaTracker.

VespaTracker shall not be held liable for incorrect interpretation of any of its documents, including the associated documents as mentioned under paragraph 2.

5. Safety Instructions and User Obligations

The Product may contain small components that pose a choking or ingestion hazard. The Customer and User are responsible for ensuring that the Product is kept out of reach of children and is not accessed, handled, or used by persons under the age of 18.

The use of the Product involves interaction with live animals and outdoor environments and may entail inherent risks, including but not limited to insect stings, physical injury, environmental hazards, and unpredictable animal behavior.

The Customer and User acknowledge and agree that:

• The Product is intended for use by individuals who possess, or who have independently acquired prior to use, sufficient technical competence, field experience, and situational awareness.
• The User is responsible for ensuring they are adequately qualified to operate the Product safely.
• The User is responsible for ensuring safe operation at all times.
• Appropriate protective equipment (including but not limited to protective clothing) must be used where relevant.
• The Product must not be used in unsafe conditions, including but not limited to poor visibility, hazardous terrain, adverse weather, or proximity to dangerous environments.
• The User must maintain a safe distance from hornets, nests, and any potentially hazardous wildlife.
• The Product is a support tool, it does not provide any form of safety assurance and must not be relied upon for personal safety, avoidance of wildlife or environmental hazards, or emergency situations.

The Product is not designed or intended for use in situations where failure could result in personal injury, property damage, or environmental harm, and must not be used in such situations.

Failure to comply with these safety obligations constitutes misuse and results in the exclusion of any liability on the part of VespaTracker.

To the maximum extent permitted by law, VespaTracker shall not be liable for any personal injury or physical harm arising from the use or misuse of the Product, except where such liability cannot be excluded under applicable product liability laws.

6. Animal and Environmental Disclaimer

The Product is used in interaction with live animals and natural environments.

VespaTracker shall not be held liable for any misbehavior, injury or bad interaction of hornets or other animals during or after use of the Product.

VespaTracker shall not be liable for any environmental, ecological or agricultural impact resulting from the use or misuse of the Product.

7. Environmental and Disposal Responsibilities

Certain components of the Product, including but not limited to electronic tags and batteries, may be classified as electronic waste under applicable regulations.

The Customer and User are solely responsible, in accordance with applicable laws, for:

• Ensuring proper handling, recovery, and disposal of all Product components in accordance with applicable local, national, and European environmental regulations.
• Minimizing environmental impact during use, including reasonable efforts to recover deployed components where feasible.
• Avoiding any use that could result in environmental contamination or ecological harm.

The Equipment may be considered electronic waste and should be disposed of at appropriate collection points in accordance with applicable local, national and European environmental regulations.

Such collection points may include designated facilities for small electronic devices (e.g. supermarkets, DIY stores, or electronics retailers), where available. The Customer and User shall make reasonable efforts to recover used Equipment and ensure proper recycling. The Product shall not be disposed of in household waste or released into the environment.

VespaTracker shall not be held liable for any environmental damage, contamination, or regulatory non-compliance resulting from the use, deployment, or disposal of the Product after delivery.

8. Sales, Payment and Ownership

The presentation of Products on the VespaTracker website does not constitute a binding offer, but an invitation to place an order.

A contract is deemed concluded only upon confirmation of the order by VespaTracker via email or upon dispatch of the Product, whichever occurs first.

VespaTracker reserves the right to refuse or cancel any order for legitimate reasons, including but not limited to product unavailability, errors in pricing or description, or suspected misuse.

All purchases made via the VespaTracker webshop are considered distance sales governed by applicable Belgian and European legislation and these T&C.

The Customer is responsible for ensuring that all information provided during the ordering process is accurate, complete and correct.

Ownership of the Product remains with VespaTracker until full payment of all amounts due has been received.

VespaTracker reserves the right to require advance or full payment prior to delivery.

In the event of non-payment or breach of contract, VespaTracker may reclaim the Product. The Customer shall fully cooperate and all associated costs, including legal and recovery costs, shall be borne by the Customer.

9. Right of Withdrawal (B2C only)

Consumers have the right to withdraw from the purchase without giving any reason within fourteen (14) calendar days from the day on which they, or a third party designated by them (other than the carrier), acquire physical possession of the Product.

To exercise this right, the Customer must inform VespaTracker of the decision to withdraw by means of a clear statement in registered writing, explaining the reason why.

The Product must be returned without undue delay and no later than fourteen (14) days after the withdrawal is communicated. The direct costs of return shall be borne by the Customer, unless otherwise agreed.

The Product must be returned complete, unused, and, where reasonably possible, in its original packaging. VespaTracker may deduct any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

The right of withdrawal does not apply if the Product has been used, altered, damaged, or is unsuitable for return due to its nature, including for hygiene, safety, or technical reasons.

10. Delivery and Risk Transfer

For B2B transactions, delivery is deemed complete when the Product is transferred to the Customer or to a carrier designated by the Customer, who shall be considered the Customer’s agent. For B2C transactions, the carrier shall not be considered the Customer’s agent for the purpose of risk transfer.

For B2B transactions, risk transfers upon delivery to the carrier. For B2C transactions, risk transfers to the Customer upon physical receipt of the Product.

Delivery to a third party designated by the Customer shall be deemed delivery to the Customer.

VespaTracker may deliver in separate instalments, each of which may be invoiced separately.

VespaTracker shall not be liable for any loss, damage or delay occurring during transport or delivery.

11. Warranty and Defects

VespaTracker warrants that the Product conforms to its specifications at the time of delivery for a period of two (2) years for B2C transactions and one (1) year for B2B transactions.

For B2B transactions, the Customer must inspect the Product upon delivery and notify VespaTracker in writing within ten (10) calendar days of any defects, shortages or non-conformities, supported by appropriate evidence. Failure to notify within this period shall result in the loss of any right to claim. This inspection and notification obligation does not apply to B2C Customers, whose rights are governed by applicable mandatory consumer protection laws.

Products must be returned within thirty (30) days if inspection is required. Shipping costs are borne by the Customer unless the defect is confirmed.

VespaTracker may, at its sole discretion, repair, replace or reject claims.

Warranty does not apply in cases of misuse, improper handling or unauthorized modification.

12. Limitation of Liability

VespaTracker shall not be liable for any indirect, incidental, consequential or special damages, including but not limited to failure to detect or locate hornets or their nests at any time in any possible condition, loss of time, productivity, ecological or agricultural damage, or financial loss.

The Customer and User acknowledge that the Product relies on wireless communication technologies and environmental conditions that are inherently variable and beyond the control of VespaTracker.

Accordingly:

• No absolute guarantee is provided regarding signal strength, range, reliability or continuity of operation.
• Any performance indicators or ranges communicated by VespaTracker are indicative only and may vary significantly depending on environmental conditions, device compatibility, terrain, interference, and usage.
• Compatibility with third-party devices, including smartphones, operating systems, and applications, is not guaranteed.

The Product does not constitute professional, environmental, or pest control advice.

The Product is not intended to replace professional judgment or specialized services.

Nothing in these T&C limits or excludes rights that you are entitled to under Belgian or European consumer protection law.

Nothing in these T&C limits or excludes liability for fraud, wilful misconduct, gross negligence, or any liability that cannot be excluded under applicable law.

Nothing in these T&C limits or excludes any rights under applicable Belgian or European product liability legislation.

13. Indemnification

The Customer and User agree to indemnify, defend, and hold harmless VespaTracker, its directors, employees, partners, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to, to the maximum extent permitted by applicable law:

• misuse or improper use of the Product;
• use in violation of applicable laws or regulations;
• failure to comply with these T&C;
• any actions or decisions taken based on the use of the Product;
• any harm caused to third parties, animals, or the environment in connection with the use of the Product.

14. Software and Data Disclaimer

VespaTracker is not a party to any third-party software agreements.

VespaTracker does not guarantee continuous availability, compatibility or uninterrupted operation of any software or related services.

VespaTracker assumes no responsibility for third-party software, including data handling, accuracy, availability or integration.

To the maximum extent permitted by law, VespaTracker shall not be liable for any loss, corruption, or unauthorized access to data, except where required under applicable data protection laws.

VespaTracker does not guarantee the 100% accuracy, completeness or reliability of any data generated or processed by the Product or associated software in all kinds of circumstances.

Any support, guidance or assistance provided by VespaTracker shall be considered informational only and shall not create any liability or warranty of outcome.

15. Intellectual Property

All intellectual property rights relating to the Product, Equipment and associated software remain the exclusive property of VespaTracker or its partners.

The Customer or User shall not copy, modify, reverse engineer, distribute or otherwise exploit the Product without prior written consent.

16. Force Majeure

VespaTracker shall not be liable for delays or failure in performance, due to events beyond its control, including supply chain disruptions, regulatory changes or external events.

17. Governing Law and Jurisdiction

These T&C are governed by Belgian law.

All disputes fall under the exclusive jurisdiction of the courts of Leuven, without prejudice to mandatory consumer protection rules regarding jurisdiction

18. Final Provisions

These T&C constitute the entire agreement between the parties and supersede any prior agreements or representations.

Nothing in these T&C shall be construed as creating a partnership, joint venture, or agency relationship between the parties.

VespaTracker reserves the right to amend these T&C at any time. Continued use of the Product constitutes acceptance of such amendments.

Failure by VespaTracker to enforce any provision shall not constitute a waiver of its rights.

If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force.

Any provisions which by their nature are intended to survive termination shall remain effective.

VespaTracker reserves the right to modify or discontinue the Product or any part thereof at any time without prior notice.