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NapUp – Terms of Use
Welcome to www.mynapup.com (the “Website”), where you can learn more about the NapUp innovative car seat/booster head and neck support (“NapUp” or the “Product”) and order NapUp Products online.
The Website is owned and operated by Headovations Ltd. (“we”, “us”, “our” and the “Company”).
Please carefully read the following Terms of Use ("Terms"). The Terms constitute a binding agreement between you and the Company and explain your rights and responsibilities regarding use of the Website and ordering NapUp Products through the Website.
These Terms are an integral part of any additional terms or policies that apply between you and the Company, such as our Privacy Policy.
By accessing or using the Website or ordering Products through the Website you agree to these Terms. If you do not agree to these Terms, you may not access or use the Website in any way.
About the Website and NapUp
The Website offers information about the NapUp Products and allows you to order NapUp Products online.
NapUp is a head and neck support strap to support a passenger’s head when falling asleep in the car. NapUp is available for adults and children and can be attached to the car seat or to a high-back booster. When the passenger is awake, the head strap is moved up above the person's head without disturbing him/her. When the passenger falls asleep the head strap is lowered to his/her forehead, with a gap of 1cm between head and strap, allowing for the required head support by making gentle contact with the forehead only when the head begins to fall.
Please note that:
Ordering NapUp Products on the Website
You may order NapUp Products via the Website. When making an order, you will be asked to provide personal information such as your contact, billing and shipping information as specified in the Privacy Policy . You have no legal obligation to provide us your personal information; however, if you choose not to provide such details, we will not be able to process your order and provide the Product to you.
You are solely responsible for ensuring that all required information is provided in a correct, up to-date and accurate manner. The Company is not responsible for any issues that may occur as a result of providing inaccurate details. In the event that the Products are returned to the Company due to incorrect details, you will be charged for the shipping and handling fees.
The Company will use your information only in accordance with these Terms and the Privacy Policy of the Website, which is an integral part of and is hereby incorporated by reference to these Terms.
BY SUBMITTING YOUR CONTACT INFORMATION, YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM THE COMPANY OR OTHERS ON ITS BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY THE COMPANY OR OTHERS ON ITS BEHALF.
You are not obligated to register to the Website to order the NapUp Products. However, if you choose to register to the Website, the Company may ask you to choose a username and password and enter them in the space provided on the Website. In the future, if you will wish to make additional orders from us, we will identify you by the username and password you have chosen which will make the order process much faster and easier.
You must keep your username and password completely confidential to prevent abuse of your account on the Website. Be sure to change the password as often as possible and in any case at least once every three months.
The Products and features displayed on the Website and offered on the Website are at Company’s sole discretion. The Company may update the Products and features, replace them, cease their offering, add or remove sizes and/or colors, etc.
Prices. Upon completing the order and providing us with your shipping address, you will be presented with the total price of your order in local currency (ILS/USD). The Company may update the prices of the products on the Website and the shipping rates without being required to provide prior notice of such changes. The binding and final price is the price presented to you at the time of completing the order.
Cancellation and Return Policy
Cancellation of a transaction made via the Website shall be made in accordance with the provisions of any applicable law, including the Israeli Consumer Protection Law, 1981, and the Israeli Consumer Protection (Cancellation of Transactions) Regulations, 2010, and in accordance with the Company's Cancellation policy, according to which you may cancel your order within 14 days from the later of the day of completing the order or of receiving notice of receipt of your order. In any case of conflict between the provisions of the applicable law and regulations and the cancellation policy, the provisions of the law and regulations shall prevail.
The Company reserves the right to change its Cancellation and Return Policy from time to time. Any modification in the Cancellation and Return Policy will take effect seven (7) days after its publication on the Website. By continuing to use the Website you confirm and accept the most up-to-date Cancellation and Return Policy as published on the Website.
If you have purchased a NapUp Product from a reseller or any other third party and wish to cancel a transaction that you have made with such third party, you must contact the third party directly. Cancellation of the transaction will be subject to the cancellation and return policy of the third party with whom you made the transaction. The Company will have no responsibility for transactions not made via the Website and/or with any third party.
Age Restriction
The Website is intended for users who are at least 18 years old. By using the Website and/or ordering Products through the Website, you warrant that you are at least 18 years old. We may request, at any time, additional information in order to confirm your age. If we find that you are under the minimum age, we may cancel orders you have placed via the Website.
Acceptable Use of the Website
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.
While using the Website, you agree to refrain from –
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.
Acceptable Use of the Product
You may use the Products for your personal use only. You may not use the NapUp Products for any commercial purpose. You may not use the Products in any way to develop or create, or permit others to develop or create, a product or service similar or competitive to the NapUp Products.
Privacy
The Company respects your privacy. Click here to read our current privacy policy.
Links and Ads
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find these websites or the information and content posted in them, not compatible with your requirements, or you may object to their content, find it to be annoying, improper, unlawful or immoral.
By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions made between you and such third-party websites.
Intellectual Property
All rights, title and interest in and to the Website and the NapUp Products, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are the exclusive property of the Company and our licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other element concerning its operation.
you may not copy, duplicate, distribute, sell, make available, market or translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company's explicit prior and written consent.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.
Changes and Availability
The Company may, from time to time, change the Website’s structure, layout, design or display, as well as the scope and availability of the information, Products, and content therein - all without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from glitches or any kind of failure resulting from their introduction.
These Terms shall terminate upon our permanent discontinuation of the operation of the Website.
Termination and Suspension
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website, its business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms, as well as any additional terms and policies. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.
In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your order or your use of the Website, if we have reason to believe that –
Changes to the Terms
The Company may change these Terms from time to time. We will notify you of such changes by posting them on our Website or by some other means of notification. Your continued use of the Website after the effective date of the amended Terms have been brought to your attention constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.
Product Warranty
The Company’s Product warranty obligations are limited to the terms set forth in this section and are subject to all other provisions of these Terms (the “Product Warranty”).
The Company warrants each Product you purchased through the Website against technical malfunctions, technical defects and technical failures (but excluding physical damage to the Product), for a period of one (1) year from the date the Product you purchased on the Website leaves our facility for shipment to you (the “Warranty Period”).
If a technical malfunction, technical defect or technical failure occurs in a purchased Product, then the Company, at its choice and option, will:
If a Product has been repaired or exchanged as per options a or b above, the repaired or replacement Product will be under the Product Warranty set out in this section, for the remaining Warranty Period of the original Product.
If a Product or part is replaced as per options a or b above, the replacement Product or part becomes your property and the replaced Product or part becomes our property. When a Product credit is issued to you as per option c above, the Product being credited becomes our property.
To obtain our Product Warranty service, simply ship the Product to our facility, as per the instructions provided on the Website. We will cover the cost of shipment and will make efforts to repair, replace or credit you (as per options a-c above), as quickly as possible, normally within a few business days of receiving the Product at our facility.
Product Warranty does not apply in any of the following cases:
THE PRODUCT WARRANTY AND REMEDIES SET FORTH IN THIS SECTION ARE THE COMPANY’S EXCLUSIVE WARRANTIES TO YOU WITH RESPECT TO THE PRODUCTS AND IN LIEU OF ALL OTHER PRODUCT-RELATED WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY THE COMPANY, ITS EMPLOYEES OR REPRESENTATIVES. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES REGARDING THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT THAT THE COMPANY CANNOT, AS A MATTER OF LAW, LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS PRODUCT WARRANTY, ALL SUCH IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS PRODUCT WARRANTY.
Disclaimers and Limitation of Liability
OTHER THAN THE WARRANTIES SPECIFICALLY SET OUT IN ANY NON-WAIVABLE WARRANTIES PURSUANT TO MANDATORY LAW, THE WEBSITE, ITS CONTENT AND THE NAPUP PRODUCTS ARE PROVIDED HEREUNDER "AS IS", “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY OTHER KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT THE WEBSITE, ITS CONTENT, PRODUCTS, AND PRODUCT DESCRIPTIONS WHETHER EXPRESS OR IMPLIED, ARISING BY COMMON LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, COMPATIBILITY, PERFORMANCE, SECURITY AND DATA SECURITY, ACCURACY, TITLE OR NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, ITS CONTENT OR THE PRODUCTS, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE, AND ITS CONTENT ARE ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA, COSTS, EXPENSES AND PAYMENTS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE PRODUCTS, OR ANY OTHER ASPECT OF THESE TERMS, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY DAMAGE, LOSS OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY), IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY IN THE 3 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE, LOSS OR CAUSE OF ACTION. NOTHING IN THESE TERMS SHALL LIMITS OUR LABILITY UNDER LAW RESULTING FROM OUR WILLFUL MISCONDUCT, FRAUD, BODILY INJURY OR OTHER HARM BY UNSAFE PRODUCTS.
NOTHING IN THESE TERMS SHALL LIMIT ANY CONSUMERS’ LEGAL RIGHTS APPLICABLE TO YOU. YOUR STATUTORY RIGHTS AS A CONSUMER CANNOT BE CHANGED BY THESE TERMS.
Indemnification
You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of these Terms, your use of the Website and/or the NapUp Products or your violation of any right of a third party in connection with the Website.
Governing Law and Jurisdiction
Regardless of your place of residence or where you access or use the Website from, these Terms, your use of the Website and purchase of NapUp Products will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Website and its use, the Products, and any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company, each hereby expressly consents to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, was lodged against the Company.
Contact Us
You may contact us with any questions or comments, at info@mynapup.com
Miscellaneous Provisions
Interpretation. Whenever used in the Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and all "i.e." and "such as" notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
Entire Agreement. These Terms, including the additional documents referenced explicitly herein, constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Severability. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
No Waiver. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
Assignment. You may not assign, transfer or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities and obligations herein.
Survival. The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification and Governing Law and Jurisdiction.
Last Updated: September 21, 2020.
