Last Updated: November 10th, 2018
These Purchase Terms (“Purchase Terms”) are a legal agreement between you and Kassi Labs Ltd. ( “we”, “our” or “us”) governing your purchase of products ( the “Site“). These Purchase Terms are governed by and incorporated into the Kassi Labs Ltd. Innovations Terms of Service located at http://www.getkassi.com/terms.html (“Terms of Service”). To the extent there is a conflict between these Purchase Terms and the Terms of Service, these Purchase Terms will govern with respect to the purchase of Kassi Labs Ltd. products, and the Terms of Service will control with respect to all other matters
YOUR PURCHASE OF PRODUCTS FROM THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE PURCHASE TERMS, THE TERMS OF SERVICE, AND ANY ADDITIONAL TERMS WE PROVIDE, INCLUDING BUT NOT LIMITED TO THE TERMS OF ANY THE LIMITED WARRANTY INCLUDED IN-BOX WITH ANY PRODUCT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE PURCHASE TERMS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Purchase Terms at any time, so please review these Terms each time prior to making a purchase from the Site. Every time you order Products from the Site, the Purchase Terms in force at that time will apply between you and Kassi Labs Ltd.. The Site is for retail sales to private consumers only.
1.Fees and Payment.
The fees for the Products are posted on the Site. Fees are subject to change without notice. You agree to pay Kassi Labs Ltd. in advance the applicable fees for the Products provided by Kassi Labs Ltd. under these Purchase Terms. Kassi Labs Ltd. will bill your credit card or other agreed upon payment method for all fees. You will provide Kassi Labs Ltd. with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Kassi Labs Ltd. reserves the right to cancel your order for Products in addition to seeking any other legal remedies. Kassi Labs Ltd. is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Kassi Labs Ltd.. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Site. Kassi Labs Ltd.’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Kassi Las Ltd.’s income.
By providing a credit card or other payment method accepted by Kassi Labs Ltd., you represent and warrant that you are authorized to use the designated payment method and that you authorize 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.
All orders on the Site for Products are subject to Kassi Labs Ltd.’s acceptance. If Kassi Labs Ltd. rejects your order, Kassi Labs Ltd. will, as your sole and exclusive remedy and Kassi Labs Ltd.’s sole and exclusive liability, refund the amount you paid for the Product.
3. Reservations and Pre-Orders.
Products available for reservation and pre-order are not offers for sale by Kassi Labs Ltd.. Your placement of a reservation and pre-order does not create a contract for sale. For each reservation and pre-order Product, we will provide our estimated shipping date.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Kassi Labs Ltd. to purchase the Product subject to these Purchase Terms. Kassi Labs Ltd. may require an advance deposit to be made at the time you place the reservation and pre-order (“Deposit”). You may cancel your offer to purchase Products at any time prior to shipment by emailing us as firstname.lastname@example.org and you will be refunded any amounts paid for the Product. Later, when the Product is offered for sale, Kassi Labs Ltd. may accept your offer to purchase Products subject to these Purchase Terms. At that time, Kassi Labs Ltd. will bill you for any additional fees applicable to such purchase.
Kassi Labs Ltd. reserves 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. In the event that Kassi Labs Ltd. cancels an order, it will refund to you any Deposit provided in connection with such order. In the event that Kassi Labs Ltd. accepts your offer but you fail to provide information necessary for the shipment of the Product, Kassi Labs Ltd. will use reasonable efforts to contact you. In the event you fail to provide such information within ninety (90) days following Kassi Labs Ltd.’s commencement of such efforts, your Deposit will be deemed forfeited.
If you have any questions, comments, or concerns regarding Kassi Labs Ltd.’s pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact Kassi Labs Ltd. at email@example.com.
4. Availability and Pricing.
All Products offered on the Site 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 Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
5. Sales Tax.
Kassi Labs Ltd. calculates and charges sales tax in accordance with applicable laws. Any applicable sales tax or similar charges will be added to the prices listed for the Products.
6. Resale and Title Transfer.
Purchases made on the Site are intended for end users only, and are not authorized for resale. Title for Products purchased from the Site passes to the purchaser at the time of delivery by Kassi Labs Ltd. to the freight carrier, but Kassi Labs Ltd. and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
7. Shipping and Delivery.
Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Site from time to time.
For Product reservations and pre-orders, you understand that the Products are not ready for delivery. The estimated shipping date for such Products will be as described on the Site, but may be substantially later. Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you.
8. Warranties and Disclaimers.
We may provide a Limited Warranty in connection with the Products. The Limited Warranty, if applicable, will be described on the Site or provided with the Product.
As far as permitted by applicable law and except as provided herein, the Site, and all content available on the Site, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Products purchased through the Site are provided on an “as-is” basis unless expressly stated otherwise in writing.
You use any Products at your own discretion and risk. You will be solely responsible for (and Kassi Labs Ltd. disclaims) any and all loss, liability or damages resulting from your use of a Product. Kassi Labs Ltd. does not guarantee or promise any specific results in connection with your use of the Product.
9. Limitation of Liability; Indemnity.
Nothing in these Purchase Terms and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) Kassi Labs Ltd. BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF Kassi Labs Ltd. KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) Kassi Labs Ltd.’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO Kassi Labs Ltd. FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
You agree to indemnify, and hold Kassi Labs Ltd., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Products; (b) your violation of these Purchase Terms or the Terms of Service; (c) your violation of any local, state, or federal law, rule or regulation.
Kassi Labs Ltd. may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Kassi Labs Ltd. account, hard copy, or posting of such notice on the Kassi Labs Ltd. website. Kassi Labs Ltd. is not responsible for any automatic filtering you or your network provider may apply to email notifications.
Kassi Labs Ltd. is located in Tel Aviv, Israel Any questions, comments or suggestions, including any report of violation of these Purchase Terms should be provided to as follows:
By E-mail: firstname.lastname@example.org
By Postal Mail: Meir Yaari 14, Tel Aviv, Israel
11. Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12. Protection of Confidentiality and Intellectual Property Rights.
Notwithstanding the foregoing, Kassi Labs Ltd. may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
If any part of these Purchase Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Purchase Terms will remain in full force and effect.
The obligations in Sections 8 through 17 will survive any expiration or termination of these Terms.
Failure or delay by us to enforce these Purchase Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
16. Applicable Law and Dispute Resolution.
Binding Arbitration. Any dispute or claim arising in any way from your use of the Product, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Product in violation of these Purchase Terms, will be resolved by binding arbitration, rather than in court.
No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Purchase Terms as a court would.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: Yad Harutzim 7, Tel Aviv, Israel. Kassi Labs Ltd. will send any notice of dispute to you at the contact information we have for you.
Format of Proceedings. The arbitration shall be conducted in English and, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Kassi Labs Ltd. will pay all other AAA and arbitrator’s fees and expenses.
Individual Basis. To the fullest extent permitted by applicable law, you and Kassi Labs Ltd. each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Kassi Labs Ltd. each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Limitation Period. Except for disputes relating to the infringement of our intellectual property rights or the access or use of the Product in violation of these Purchase Terms, in no event shall any claim, action or proceeding by you or Kassi Labs Ltd. be instituted more than one (1) year after the cause of action arose.
Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, or if a dispute arising that does not qualify for arbitration hereunder, you and Kassi Labs Ltd. each agree to the exclusive jurisdiction of a State court of competent jurisdiction located in Denver, Colorado, and you and Kassi Labs Ltd. each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
Opting Out. If you do not want to arbitrate disputes with Kassi Labs Ltd. and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you purchase a Product.
These Purchase Terms may not be modified by you except by a writing executed by the duly-authorized representatives of Kassi Labs Ltd.. Except as provided herein, no act, document, usage or custom will be deemed to modify or amend these Purchase Terms. These Purchase Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Purchase Terms and the licenses granted hereunder may be assigned by Kassi Labs Ltd. but may not be assigned by you without the prior express written consent of Kassi Labs Ltd.. Any attempt by you to assign these Purchase Terms without the written consent of Kassi Labs Ltd. shall be null and void. Nothing contained in these Purchase Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. The headings and captions contained herein will not be considered to be part of the Purchase Terms but are for convenience only.