PRE-ORDER TERMS AND CONDITIONS
These Pre-Order Terms and Conditions (this “Agreement”) constitute a legally binding agreement between you and iFlaot Systems (the “Company”) for the pre-order of the Products (as defined below).
BY ACCESSING, USING OR PRE-ORDERING THE COMPANY’S GOODS OR SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. YOU FURTHER AGREE THAT THE COMPANY MAY COMMUNICATE WITH YOU BY ELECTRONIC MAIL, TEXT MESSAGING OR BY TELEPHONE CALL SUBJECT TO YOUR RIGHT TO OPT OUT OF COMMERCIAL MARKETING MESSAGES.
Company may allow you to place pre-orders for Spydro (the “Product”).
Pre-Order Registration. When placing a pre-order for the Product, Company may require you to provide certain information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept up-to-date. If any of your information changes, please notify us promptly by email to firstname.lastname@example.org. Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct up-to-date contact or shipping information. Upon the placing of a pre-order, Company may verify that any provided payment method is valid, but Company will not charge any payment method except as set forth below.
Estimate Shipping Date. The Company currently estimates that it will begin shipping the Product no later than May 1st, 2018 (the “Estimated Shipping Date”). If the Company does not ship the Product by the Estimated Shipping Date, Company will either not charge your payment method or return any amounts that you have paid in respect of the Product.
Payment; Shipping. Company will charge your account when you place an order, including in respect of applicable shipping charges. The purchase price does not include import duties, taxes and other government charges, which are your responsibility. Company will provide you with an estimated shipping date when you place the order. Such date is only an estimate, is subject to change, and Company does not represent or warrant that it will be able to ship the Product by the estimated Date.
You may cancel any pre-order without penalty for a period of 30 days following the placement of your order via Paypal.
Limited Warranty. The Company warrants its products to be free from defects in materials and workmanship for a period one-year from the date of purchase. This warranty applies when the original owner properly completes the included warranty card and submits it with proof of purchase. Failure to complete and return the warranty card voids the warranty. The Company will at its sole discretion repair or replace any components that fail in normal use. Failures caused by abuse, misuse, alteration, or self-repair are not covered under warranty. The warranty is valid only for the original owner.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF ANY USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE PRODUCT OR ANY THIRD PARTY COMPONENTS, (II) IN CONNECTION WITH THE PRODUCT’S FACTORS OF RISK OR THE REALIZATION THEREOF (III) ARISING OUT OF THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR (IV) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between the Company and you. In no event shall our liability to you exceed the amount of fees You paid to the Company for the Product, within the 12 months preceding the claim.
Indemnification. YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE PRODUCT (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT, PERSONAL INFORMATION AND REGISTRATION DATA; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (IV) ANY ACT OR OMISSION OF YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; AND (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK. The Company will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without the Company’s prior written consent. The Company reserves the right, in itssole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
Remedy. If during the Warranty Period you submit a valid claim under this warranty to Company, Company will, at its option, (i) repair the Product using new or previously used parts that are like new in performance and reliability, (ii) replace the Product with a device that is at least functionally equivalent to the Product and is formed from new and/or previously used parts that are like new in performance and reliability, or (iii) exchange the Product for a refund of your purchase price. Before receiving warranty service, Company may require you to provide proof of purchase.
Consumer Law. This warranty gives you specific legal rights, and you may have other rights that vary according to your jurisdiction. Other than as permitted by law, this warranty does not exclude, limit or suspend other rights you may have. For a full understanding of your rights you should consult the laws of your jurisdiction.
Disclaimer. Except as expressly set out herein, Company does not make any representations or warranties and expressly disclaims all other warranties (including any implied or statutory warranties), including without limitation any warranties of merchantability, fitness for a particular purpose, title or non-infringement or any other warranties arising by statute, operation of law, course of dealing or performance, or usage of trade. Some jurisdictions do not allow disclaimers of implied warranties, so this disclaimer may not apply to you.
Software, Intellectual Property. As between the parties, Company owns all right, title and interest in the intellectual property rights in the Product, including all software therein. You shall not, nor shall it allow any third party to: (a) modify or create derivative works from any software in the Product; or (b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any software in the Product; or (c) circumvent any access protection or security mechanism of the Product or (f) remove, obscure or alter Company’s copyright notices, trademarks or other proprietary rights notices affixed to or contained on or within the Product. If you provide any feedback in respect of the Product, Company shall have the right to use such feedback in any manner and or any purpose, all without notice to, payment of or consent from you. Use of the Product may require a mobile application, to be downloaded separately by you, and which may be subject to your agreement to a separate end user license agreement.
General. If any provision of this Agreement is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the Company but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement. You agree to pay all costs and expenses (including reasonable attorneys’ fees) that we may incur in order to collect any amounts that you owe under this Agreement. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. The Company’s suppliers are third-party beneficiaries of this Agreement. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company to a successor of all or substantially all of its business or assets. This Agreement will be construed in accordance with the laws of the State of Israel, and the parties consent to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel with respect to any disputes arising hereunder. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief to protect its intellectual property or confidential information in any court of competent jurisdiction. Company may provide any notification required hereunder to the email address you provided as part of the pre-order registration.