Terms of Sale

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These Terms of Sale (“Terms”) apply to all orders placed by you through Safewave Technology’s mobile app, website, or via phone with Safewave Technology’s customer support (collectively the “Safewave Technology Store”). By placing any order through the Safewave Technology Store, you are agreeing to be bound by these Terms. You represent and warrant that you have the legal capacity to agree to these Terms. If you are under the age of thirteen, or any higher minimum age in your jurisdiction, you represent and warrant that you have obtained parental or guardian consent to enter into these Terms. These Terms are between you and Safewave Technology, and, if applicable, the reseller appointed by Safewave Technology as identified in the Safewave Technology Store or in your order confirmation. In these Terms, “Safewave Technology” and “we” mean Safewave Technology Corporation and/or its affiliates and, if applicable, any such reseller.

 

RETURN POLICY

 

If you are unsatisfied with your purchase of a Safewave Technology-branded device and/or accessory from the Safewave Technology Store for any reason, you are entitled to a full refund if you meet the conditions set forth below. Shipping and handling charges, gift wrap fees, and taxes paid (such as state, customs, or VAT) are not refundable. To qualify for a refund, you must meet all the following conditions:

 

  • request a return authorization within 45 days of your shipment date; provided, however, that for purchases made in November and December the deadline to request a return authorization is January 31st of the following year or 45 days from the date of shipment, whichever is longer;

  • return the device and/or accessory, including all parts included in the original packaging, in good physical condition; and

  • include the return authorization number with your return.

 

If your return fails to meet any of the above conditions, we may, in our discretion, refuse to accept it or charge you a restocking fee of up to 50% of the original price.

 

NOT FOR RESALE

 

The Safewave Technology Store sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.

 

PRICING & PRE-SALES

 

Pre-sales promotion is allowing you to secure your Safewave band for a non-refundable $25 deposit for the $149.99 full price purchase before 5/31/22. Communication will be sent to your email 4 weeks in advance with the an invoice to pay the remaining balance to purchase your band in full. Any price changes including shipping before charging your card for the remaining balance. We will provide a 7-day window for a response to confirm your order. If no response is received after 7 days, we will remove your spot in the first 3,000 orders. Any order purchased starting June 1st will be charged full price and will be considered a pre-order sales agreement. Please read ordering, shipping and delivery below for an EST delivery date.

 

Prices are stated in the applicable currency based on your selected location, and may not include shipping and handling charges or applicable taxes, which, if applicable, will be communicated to you before you place your order. We reserve the right to change the prices for any products or services in the Safewave Technology Store at any time without notice.

 

ORDERING, SHIPPING AND DELIVERY

 

Pre-sales begin June 1st, 2022. By placing an order during pre-sales, you are agreeing to receive your product by September 2022. This date is subject to change based on business conditions. You agree to be charged the shipping fee associated with your order based on location.

 

We may refuse or cancel any order 7 days prior to shipment for delivery. We may also require additional qualifying information prior to accepting or processing your order. While it is our practice to confirm orders by e-mail, your receipt of an e-mail confirmation does not constitute our acceptance of your order or our confirmation of an offer to sell a product or service.

 

If you wish to make a transaction through the Safewave Technology Store, you may be asked to supply certain relevant information, such as your payment and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU CHOOSE TO USE TO COMPLETE ANY SUCH TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

The actual delivery of your order can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. Title to the products will pass to you upon delivery of the products to the carrier; however, risk of loss of, or damage to, the products will pass to you upon delivery of the products to you.

 

In certain regions, although we are the operator of the Safewave Technology Store, the products and services may be sold to you by our appointed reseller, as the seller of record, pursuant to contractual arrangements between us and the reseller. As described above, this means you have a contract with that appointed reseller for the supply of those products and services. In such case, the point of purchase or your order confirmation will include the appropriate contact information for any issues relating to your order. Safewave Technology, Inc. and its affiliates are express third-party beneficiaries of these Terms in cases where these Terms are between you and the appointed reseller.

 

PRODUCT AND SERVICE AVAILABILITY

 

We reserve the right to add or remove products and services from the Safewave Technology Store at any time for any reason. We also reserve the right to change quantities available for purchase at any time, even after you place an order.

 

We make no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any products or services available through the Safewave Technology Store. Such information and the availability of any product or service (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any product or service.

 

COMPATIBILITY

 

You are solely responsible for determining the compatibility of the products and services with any required equipment (e.g., ensuring that you are using a compatible mobile device). You agree that lack of compatibility does not constitute a defective Safewave band/ application/ or product.

 

 

SOFTWARE LICENSE

 

To the extent the products ordered by you contain, consist of, or make available Safewave Technology software in any form, such software is licensed to you and not sold, in accordance with our Terms of Use.  

 

LIMITATIONS ON LIABILITY

 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NEITHER SAFEWAVE TECHNOLOGY, ITS SUPPLIERS, DISTRIBUTORS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SAFEWAVE TECHNOLOGY PRODUCTS AND SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SAFEWAVE TECHNOLOGY PRODUCTS OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAFEWAVE TECHNOLOGY OR ITS SUPPLIER, DISTRIBUTOR, RESELLER, OR LICENSOR, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SAFEWAVE TECHNOLOGY PRODUCTS AND SERVICES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

IN NO EVENT WILL THE AGGREGATE, TOTAL LIABILITY OF SAFEWAVE TECHNOLOGY, OR ITS SUPPLIER, DISTRIBUTOR, RESELLER, OR LICENSOR, OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SAFEWAVE TECHNOLOGY PRODUCTS AND SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SAFEWAVE TECHNOLOGY PRODUCTS OR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID FOR YOUR APPLICABLE PURCHASE.

 

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAFEWAVE TECHNOLOGY AND YOU.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

 

DISPUTE RESOLUTION

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

GOVERNING LAW

Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.

 

INFORMAL DISPUTE RESOLUTION

We want to address your concerns without needing a formal legal case. Before filing a claim against Safewave Technology, you agree to try to resolve the Dispute informally by contacting sales@safewavetech.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Safewave Technology may bring a formal proceeding.

 

GENERAL PROVISIONS

 

The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

 

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between us regarding any orders you make on the Safewave Technology Store, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us relating thereto.

 

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Safewave Technology’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Safewave Technology may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Any notices or other communications provided by Safewave Technology under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to any address you have provided to Safewave Technology; or (ii) by posting to the Safewave Technology Store. For notices made by e-mail, the date on which the message is sent will be deemed the date on which such notice is transmitted.

 

Safewave Technology’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Safewave Technology. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

You will not export or re-export, directly or indirectly, the products or services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.

 

ADDITIONAL TERMS MAY APPLY

 

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.