Terms and Condition

TERMS AND CONDITION (“Terms”)

 

  1. Terms of Use

This website is operated by Dr. Sagie Jacob Ltd., an Israeli limited liability company (Company no. 513385971) operating under the business name “Dr. Sagie Bedwetting Clinics” (“Company,” “we,” “us,” or “our”), through our website, https://www.bedwettingtherapy.com (the “Website”), offers for sale a bedwetting solution through a program involving our proprietary products and software (“Program” or “products and services”). Company offers the Program for sale, and the Website for use, subject to these Terms of Use (the “Terms”), which may be updated by us from time to time.

By accessing our Website and/or using our products or services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of products or services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our products or services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our products or services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of products or services. You agree that Company is permitted to access and use any other information provided by you to provide products or services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the products or services we provided to you.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. USE OF THIS WEBSITE IMPLIES THAT YOU AGREE TO THESE TERMS.

 

IF YOU ARE UNDER THE AGE OF 18, YOU MAY USE OUR WEBSITE, AND/OR PURCHASE OR ACCESS OUR PRODUCTS AND/OR SERVICES, ONLY WITH THE INVOLVEMENT AND PERMISSION OF A PARENT OR LEGAL GUARDIAN.

 

  1. Access to the Website and Restriction on Your Use

Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our products and services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of Company’s copyright, trademark and/or other rights.

You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license in or to any patent, trademark, copyright, or proprietary right of Company in connection with your use of the Website and any Materials provided by Company on the Website. Elements of the Website, including custom graphics, videos, images, logos, and others custom elements, are protected by copyright and trade-marks, and may not be copied or imitated, in whole or in part.

In using the Website, you agree that you will not do any of the following:

  1. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
  2. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.
  3. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
  4. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.
  5. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
  6. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
  7. “Frame” or “mirror” the Website or any part.
  8. Use the Website or any Materials for any unlawful purpose.
  9. Spam or flood.
  10. Resell or make commercial use of the Website or Materials; or make any derivative use of the Website or Materials.

 

  1. Privacy Policy

Company’s Privacy Policy, as displayed on our Website, is part of these Terms. Please read it, because you are agreeing that it applies to our collection and use of information from you.

 

  1. Content Disclaimer

 

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL OR HEALTHCARE DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US. EFFECTIVENESS OF THE USE OF OUR PRODUCTS AND SERVICES MAY VARY GREATLY FROM ONE INDIVIDUAL TO THE NEXT, AND WE CANNOT GUARANTEE IT WILL BE EFFECTIVE IN YOUR CASE.

THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE.

  1. Disclaimer of Warranties with Respect to Use of Website and of Products and Services

THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

6. Limitations of Liability and Damages

 

YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE, OR OUT OF THE PURCHASE AND/OR USE OF PRODUCTS OR SERVICES OFFERED THEREON, SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Compliance with Laws

You agree to comply with all applicable laws, regulations, rules and ordinances regarding your use of the Website.

8. Indemnity

You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our products or services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.

YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY IN EVERY CASE, WITHOUT EXCEPTION.

9. Links to Third Party Sites

The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).

10. Ownership of Content

 

Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.

All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. ALL RIGHTS RESERVED.

 

11. Enforcement of Rules and Policies

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

You are solely responsible for the content that you submit on or through the Website.

12. Governing Law; Resolution of Disputes

These Terms, and the relationship between you and Company, shall be governed by the laws of the State of Israel without regard to any conflicts of laws principles. Any disputes arising out of or connected to these Terms, your use of the Website and/or of the products and/or services, shall be adjudicated exclusively before the competent courts of the State of Israel, sitting in the city of Haifa, Israel.

13. Contact Details

For further information, or to contact us with questions, concerns, or comments, please contact us as follows:

 

Dr. Sagie Bedwetting Clinics

Toll free (U.S. & Canada) – 1855-DR-SAGIE (1855-377-2443)

Email: [email protected].

 

14. Miscellaneous

 

These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.

You warrant, represent and agree that, by using the Website and/or the products or services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.

 

15. Conditions of Sale

 

These Conditions of Sale govern the sale of products and services by us to you. When you order or use the products and services, you will also be subject to the terms and conditions set forth above (the “Terms”). If these Conditions of Sale are inconsistent with the Terms, the Terms will control.

Please read these conditions carefully before placing an order for products and/or services. By placing an order for products or services, you signify your agreement to be bound by these conditions.

(a) Our Contract

Your order is an offer to buy our product(s) and service(s) (jointly hereunder: “products”) in your order. When you place an order, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the products ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail”).

 

(b) Money-Back Guarantee

We are so sure you’ll be happy with your purchase that we offer a “30-Day Money-Back Guarantee”, from date of purchase, to ensure customer satisfaction. If for any reason you wish to discontinue using our product, we will promptly issue a refund.

Simply contact us at [email protected] and request to return the product.

We will get back to you within 24 hours with return instructions. Product must be in original condition and packaging.

After receiving back the package, we will refund you 100% of the product’s price – excluding shipping charges.

 

(c) Pricing and Availability

All stated prices are exclusive of legally applicable VAT, unless otherwise stated.

As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

 

(d) Customs

 

You may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

 

(e) Liability

Our liability is limited, as set forth above in the Terms.

 

(f) Limited Product Warranty

Without derogating from the warranty limitations set forth in the Terms, we provide a limited warranty for our products, as follows:

The STOPEE alarm carries a one-year warranty against manufacturer defects in materials and workmanship. The warranty includes failure or damage incurred during normal use. The STOPEE sensor pad carries a three-month warranty. The warranty for both the alarm and pad does not cover misuse or abuse, including opening the alarm’s plastic case. If you notify us of a defective product during its warranty period, we will repair or replace (at our discretion) the product for no charge; this comprises our entire warranty, and we shall have no further liability with respect to the defective product. For alarms not purchased directly from us, a proof of purchase, such as a dated store receipt, must be sent along with STOPEE to be eligible for the warranty. The customer is responsible for shipping and handling costs.
In case of a defect, please email [email protected]

 

(g) Amendments to the Conditions of Sale

We reserve the right to make changes to these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

(h) Minors

We do not sell products for purchase by minors. If you are under 18 you may use our Website, and/or purchase our products, only with the involvement of a parent or guardian.

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