THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE OWNED AND OPERATED BY SENSIBO INC. ("SENSIBO"), A COMPANY BASED IN DELAWARE, UNITED STATES. BY USING THIS SITE YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND YOU AGREE TO BE BOUND BY THEM, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING USE OF THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
Sensibo reserves the right to make changes to this site and to these terms and conditions at any time. Your continued use of this site will constitute your acceptance of any new or amended terms and conditions.
RESTRICTIONS ON USE
The audio and visual information, documentation, data, software, products, services, material and related graphics available on this site ("Materials") are provided by Sensibo. The Materials contained on this site are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Sensibo alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Materials.
Sensibo grants you permission to display, download or print portions of the Materials posted on this site solely for informational and non-commercial use or to place an order with Sensibo, provided that you do not modify, reproduce, edit, distribute, display or make any other use of the Materials, in any form or by any means without Sensibo's prior written consent and provided further that you retain all copyright and proprietary notices as they appear in such Materials. The permission granted to you herein shall terminate if you breach any of these terms and conditions. Unauthorised use of any of these Materials is expressly prohibited by law, and may result in civil and criminal penalties.
You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement as to Sensibo or any third party referenced in the Materials. You agree to use the site and the Materials accessible via the site only for lawful purposes. You may not use robots, crawlers or similar applications to collect and compile content from the site, for the purposes of competing with any services or products provided by Sensibo, or in such ways that might impair or disrupt the site’s functionality.
WARRANTIES AND DISCLAIMERS
This site and the Materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sensibo disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of any third party intellectual property right. Sensibo does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sensibo does not make any warrantees or representations regarding the use of the Materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall Sensibo be liable for any damages whatsoever, including but not limited to, indirect, special, incidental or consequential damages, whether in an action of contract, negligence or other tortious action resulting from use of, or the inability to use, this site or arising out of the use or performance of the Materials available on this site, regardless of whether Sensibo or an authorised Sensibo representative has been advised of the possibility of such damages. In the event that, notwithstanding the foregoing, Sensibo is found liable to any user of the products for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the maximum aggregate liability of Sensibo to you arising in connection with these terms and conditions shall be limited to the amount paid for the products in the twelve (12) months prior to the accrual of the applicable claim.
SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY WEBSITES
The trademarks, service marks and logos used and displayed on this site are registered and unregistered trademarks and service marks of Sensibo and others. All other registered and unregistered trademarks used on the site are the property of their respective owners. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Sensibo trademark, service mark or logo used or displayed on the site without the prior express written permission of Sensibo. When used with Sensibo's permission, all trademarks must be identified as trademarks of Sensibo using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications.
TRADEMARKS
Sensibo and third parties on its behalf use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. Despite these measures, you should know that Sensibo cannot fully eliminate security risks guarantee that the services will be immune from any wrongdoings, malfunctions, unlawful interceptions or unauthorised access to the information stored therein and to other information security risks. When you place orders or access your personal information, Sensibo offers the use of a secure server. All sensitive information you supply is transmitted via Secure Socket Layer (SSL) technology, ensuring that your data is safe and secure.
TERMS TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the purchase order. These terms and conditions, or any part of them, may be terminated by Sensibo without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability and Jurisdiction and Governing Law, shall survive any termination.
NOTICE
Sensibo may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sensibo.
JURISDICTION AND GOVERNING LAW
These terms and conditions shall be exclusively governed by the laws of the State of Israel, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the district of Tel-Aviv Yaffo, Israel. You agree to waive all defences of lack of personal jurisdiction and forum convenient and agree that process may be served in a manner authorised by applicable law or court rule.
CONTACT INFORMATION
All requests for further information or for permission to reproduce any portions of the Materials in addition to the permission granted above should be directed to: support@sensibo.com
Last Updated: August 18, 2014
Terms Of Sale
The following terms and conditions shall govern the order, sale and delivery of all products and services of Sensibo Inc. (the “Company”) to customers ("Customers"). These standard terms and conditions may be updated by the Company from time to time. Any different, conflicting or additional terms or in any purchase order or other writing from a Customer shall be of no force or effect unless acknowledged and executed by an officer of the Company.
1. SUBJECT MATTER OF THE CONTRACT
The subject matter of the contract is the use of the Company's mobile software applications and the Sensibo Kit for smart control of air conditioning (the "Product"). The mobile applications is made available through the various stores for mobile applications (iOS App Store, Android Play Store, etc.).
The Company's server infrastructure is the central link from the software applications to the Sensibo Kit. The Company shall inform the Customers of any necessary maintenance work in a timely manner.
In order to use the full range of functions offered by the software applications of the Company, a working, always-on internet connection must be available at the place of installation. In order to use all the features of the mobile applications a mobile data connection is required. The availability and functioning of the internet connection shall be the sole responsibility of the Customer.
2. ORDERS
Orders from Customers shall be placed online through the Company's website. No order shall be final until accepted by Company by a separate email confirming the order. After acceptance an order shall not be subject to cancellation. All sales are final. Customers are not authorized to resell any order, in whole or in part, by any means, including online or via e-commerce.
3. SHIPMENT, DELIVERY AND DELAYS
The Company will endeavor to ship Products available on stock, within 60 days after acceptance of orders depending on size of order and number of Products.
Although the Company will make every reasonable effort to deliver by the estimated shipment date, the Company does not guarantee shipment by that date. Further, shipment may be delayed by strike, fire, act of God, transport disruptions, unavailability of materials or components, or any other circumstances not within the reasonable control of the Company that prevents delivery in the normal course of business. Company may elect to ship partial orders.
All Products will be tendered and shipped be Ex-works (INCOTERMS 2010) unless otherwise indicated by the Company. Title to (except with respect to any and all intellectual property rights in and to any Products) and all risk of delay in shipment, loss or damage for any Products will pass to Customer upon tender by the Company of Products to the carrier.
Company will select the carrier and ship freight prepaid. Shipping and handling charges will be invoiced to the Customer. In cases where Customer, for any reason, requests deliveries of Products on a basis that is not in conformity with Company’s standard shipping procedures, Customer shall be responsible for all costs associated with premium freight and any overtime required to make deliveries in conformance with Customer’s required schedule. Customer will pay all loading charges and all taxes. Company will not be deemed to assume any liability in connection with its selection of a carrier or its failure to obtain insurance.
4. PAYMENT TERMS AND TAXES
The prices displayed on the website of the Company at the time of placing the order shall apply. If delivery charges are incurred, the Customer will be informed of the amount of delivery charges at the time of placing the order. All prices indicated on the website are exclusive of applicable VAT or other sales taxes.
Unless otherwise stated in Company’s invoice or agreed in writing executed by an officer of Company, payments are to be made prior to the shipment by the Company of any Products. The Company accepts the following payment methods: (i) By PayPal, or (ii) by credit card (after acceptance of such card by the Company). The payment options may vary from country to country. The Company reserves the right to contract third parties with processing for the various payment options. As a general rule, invoices shall be sent to Customers by email.
5. INTELLECTUAL PROPERTY
Any software portion of the Products is provided under a limited license to use only in conjunction with the applicable hardware portion of the Products and not on a stand-alone basis, and is, and shall remain, the property of the Company or of any licensor of the Company, as applicable. The license terms and conditions applicable to any software are set forth in these terms and conditions and on any software license terms document or file that may accompany the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. Customer may use the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. Customer may use the Products only for its own personal use and not for further distribution or resale. Customer shall not, and shall not permit or aid others to, translate, reverse engineer, decompile, disassemble, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Products and shall not remove or obscure any proprietary notices on the Products. Company and its licensors shall retain all proprietary rights of any kind to any intellectual property in and to the Products, including without limitation any modifications made to the Products whether or not on the basis of requests, suggestions or ideas of Customer.
6. DATA PROTECTION
The Company shall carry out all data processing operations (e.g., collection, processing, and transmission) in compliance with statutory requirements. The personal data supplied by the Customer, order data and operating data provided by the Sensibo Kit shall be stored electronically by the Company.
The Company shall be permitted to transmit Customer data (limited to the name, address, email and telephone number) to carefully selected partners. The Company and the selected partners can may use the Customer data to inform the Customer by post or by telephone about products and/or services, which they believe may be of interest to the Customer. The Customer can notify the Company in writing that he does not wish to receive such information.
Further information about the nature, scope, location and purpose of collecting, processing and the use of personal data required to execute the order can be found in the privacy policy of the Company.
7. WARRANTIES
7.1. Company warrants to Customer that, for a period of 12 months following the date of shipment to Customer (the “Warranty Period”) any hardware portion of the Product will be free of material defects in material and workmanship.
7.2. The warranty set out in sub-clause 7.1 does not cover malfunctions, failures or defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than the Company.
7.3. In the event that during the Warranty Period Customer notifies the Company in writing of a warranty claim under the above warranties then Company, at its sole option and as a sole remedy to Customer, shall either (i) supply a replacement Product; or (ii) request return of the defective Product for repair in accordance with Company's then prevailing procedures. In the event that the Company requests the return of the Product, the Customer will pay the freight for the defective Product returned to the Company. If a Product is returned for warranty service and no malfunction is found, the Customer will pay the Company the rate for testing the Product effective at the time, as well as incoming shipping charges. Each Product which is repaired or replaced pursuant hereunder shall be under warranty until the end of the remainder of the Warranty Period, or, if such failure occurs within the last month of the Warranty Period, until thirty (30) days following the end of the original Warranty Period.
7.4. THE WARRANTIES SET FORTH IN SUB-CLAUSE 7.1 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY THE COMPANY WITH RESPECT TO THE PRODUCTS AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED IN THIS CLAUSE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
8. LIABILITY
REGARDLESS OF THE FORM OF ACTION (I) THE COMAPNY SHALL NOT HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, AND (II) THE COMPANY SHALL NOT BE LIABLE FOR AN AMOUNT GREATER THAN THE AMOUNT PAID TO IT BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.
9. GOVERNING LAW, VENUE
These terms and conditions represent the entire agreement between the parties in respect of the subject matter herein, shall be governed exclusively by the laws of the State of Israel, excluding its conflict of law rules (and excluding the application of U.N. Convention on Contracts for the International Sale of Goods or any other international convention or treaty) and any dispute in connection thereto shall be exclusively resolved accordance with such laws in the competent courts in Tel-Aviv, Israel. The provisions of these terms and conditions are severable and shall be interpreted so as to be valid and enforceable to the maximum extent possible under applicable law. Any invalid or unenforceable provision shall be reformed or replaced by a valid and enforceable provision that is as similar in meaning as possible, and the remaining provisions shall remain enforceable to the fullest extent permitted by law. The waiver of any provision by a party shall not be construed as a waiver of any succeeding occurrence or any other provision, nor shall delay or omission of a party to avail itself of any right, power or privilege operate as a waiver of such right, power or privilege. Company may freely assign its rights and obligations under these terms and conditions to any third party. Customer shall not be entitled to assign any of its rights and obligation hereunder without the prior written consent of the Company and any assignment without such prior written consent shall be null and void. the Company and any assignment without such prior written consent shall be null and void.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
SENSIBO INC. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of food/dining.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at twilliams@stonewoodgrill.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures, LLC d/b/a Voxie or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Daytona Beach, Florida before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
SMS/MMS MOBILE MESSAGING MARKETING PROGRAM
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.