Terms & Conditions
THIS LEGAL NOTICE CONTAINS A MANDATORY ARBITRATION PROVISION, CLASS ACTION AND CLASS ARBITRATION WAIVER, AND JURY WAIVER, ALL OF WHICH AFFECT YOUR RIGHTS. PLEASE READ THIS LEGAL NOTICE CAREFULLY
I. SCOPE
- GENERAL SCOPE
This General Terms and Conditions for the Sale of Products (these “Terms”) governs any and all orders (“Order(s)”) of the Products (as defined below) on sale by Munevo Inc. (“Munevo”, “us”, “we”, or “our” as the context may require) on the munevo.com website (our “Site”). Unless otherwise set forth in these Terms, Orders shall also mean pre-orders ordered by you on the landing page of Munevo.com (“Pre-Orders”), to which you are additionally bound by a separate Legal Notice found here.
Our proportional head control device, which connects to an electric wheelchair (“Wheelchair”) to assist with a wheelchair user’s mobility, utilizes Bluetooth and a D-Sub 9 cable (the “Cable”) to connect our Munevo adapter box (the “Adapter Box”) to a Google Glass device (the “SmartGlasses”), in which its software is installed with Munevo DRIVE Control (the “Software”) to control the Wheelchair (collectively, the “Product”). - NOTICE
Please read these Terms carefully before submitting your Order of the Product. By submitting your Order, you assent to, and agree to be legally bound by, these Terms, the General Terms and Conditions, and the Legal Notice (collectively, “Commercial Documents”). The sale of any Product is expressly conditioned on your assent to these Terms. We expressly object to any additional or different terms proposed by you. You may not modify these Terms nor shall any course of dealing between you and Munevo operate as a modification or waiver of these Terms.
When you visit our Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site, including any updates to these Terms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby certify that you are at least 18 years old.
II. ORDERS OF THE PRODUCT
- ORDERS
When placing an Order for the Product, you will receive all units in the Product. In order to ensure delivery of our product, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. We shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Product being shipped by sending an e-mail to sales.usa@munevo.com. - PRE-ORDERS
When placing a Pre-Order for the Product, you will receive all units in the Product, and a Munevo staff member will deliver your Product to you at the designated address you provided. You agree and allow the Munevo staff member to provide for you a courtesy installation of the Product on your Wheelchair (“Installation Process”).
You acknowledge and agree that we may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within fourteen (14) days of our receipt of your Pre-Order, and that you will be entitled to a full refund of the Pre-Order Deposit (defined below).
III. PRICE
- PURCHASE PRICE
The purchase price of the Product is $3,999 (“Purchase Price”). - PRE-ORDER
Upon submission of a Pre-Order, you will be charged an initial deposit of $99 (“Pre-Order Deposit”) of the Purchase Price. The outstanding balance of $3900 (“Pre-Order Remaining Balance”) shall be paid upon delivery and installation of the Product.
IV. DELIVERY
- DELIVERY OF PRODUCTS
You hereby acknowledge and agree that, with the exception of Pre-Orders, all Orders shall be delivered based on an estimated delivery time. Upon such an Order of the Product, you will receive an order confirmation within seven (7) days and will be informed of the estimated delivery time. If there are any delays, we will provide notice to you by written notice within a reasonable time.
You hereby acknowledge and agree that an estimated time of delivery is only an estimate, is subject to change, and we do not represent or warrant that we will be able to ship the Product by the estimated date. Therefore, in the event that a delay arises and the estimated shipment and/or release of the product is not met, we are not responsible for any damages that may occur due to the delay, nor shall it be obligated to provide any discounts, refunds or credits due to any such delays. - PRE-ORDER DELIVERY
You hereby acknowledge that the Pre-Orders will be delivered in two(2) batches in October 2022, and November 2022, depending on the order you made your Pre-Order. You may be provided with a courtesy notice upon your Pre-Order of an estimated delivery date. Notwithstanding, you understand and agree that there may be delays to the delivery of the Product. An estimated time of delivery is only an estimate, is subject to change, and we do not represent or warrant that we will be able to ship the Product by the estimated date. Therefore, in the event that a delay arises and the estimated shipment and/or release of the product is not met, we are not responsible for any damages that may occur due to the delay, nor shall it be obligated to provide any discounts, refunds or credits due to any such delays. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation subject to our Refund Policy set forth in Section V below.
V. REFUND POLICY
- REFUND OF PRODUCTS
With the exception of Pre-Orders, you may cancel your Order of the Products within fourteen (14) days of the date you made your Order (“Cancellation Period”) and refund the Product to receive a full refund of the Purchase Price, provided that you cancel your Order within the Cancellation Period by e-mailing us at sales.usa@munevo.com. Unless covered by a warranty set forth in Section VII below, we do not accept returns of the Product after the end of the Cancellation Period. - PRE-ORDER REFUNDS
You may cancel your Pre-Order within fourteen (14) days of the date you made your Pre-Order to receive a full refund of the Pre-Order Deposit by e-mailing us at sales.usa@munevo.com.
You hereby acknowledge and agree that in case you no longer wish to complete the upon the date of delivery and installation by a Munevo staff member, the Pre-Order Remaining Payment shall be cancelled, and the Pre-Order Deposit shall not be refunded to cover our taxes, import costs, and any international and domestic shipping fees. You will own units which include the SmartGlasses, the Cable, and the Adapter Box, but will not possess the Software needed to utilize the Product to control the Wheelchair.
Unless covered by a warranty set forth in Section VII below, we do not accept returns of the Product nor can we refund the full Purchase Price after delivery of the Product.
VI. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MUNEVO SHALL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL,
PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF THE PRODUCT. IN THE EVENT MUNEVO IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.
VII. WARRANTIES
Munevo provides a one (1) year warranty from the date of the delivery of your Product against defects in the materials and in the manufacturing of the Adapter Box. The SmartGlasses are manufactured by Google, and the Cable is manufactured by a third party, and they may be covered by a manufacturers’ warranty. Munevo otherwise provides the SmartGlasses as is, with all faults, and disclaims all warranties of any kind, express or implied, to the fullest extent allowable by law.
Munevo also provides a one (1) year warranty from the date of completion of the Installation Process, solely for the Installation Process, and within that year, Munevo will make reasonable efforts at Munevo’s expense to resolve any problems related to the Installation Process, separate from manufacturing or material defects in the Device and Adapter Box.
Any Wheelchair to which the Cable and/or Adapter Box may be attached is not manufactured, sold, or supplied by Munevo, and Munevo cannot and does not warrant that any such Wheelchair is free from any defect.
MUNEVO MAKES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCT OR THE INSTALLATION PROCESS, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY OF ANY KIND FOR ANY DEFECTS, DAMAGE, OR INJURIES TO ANY PERSON CAUSED BY UNAUTHORIZED REPAIR OR MODIFICATION OF THE PRODUCT.
VIII. INDEMNIFICATION
You (as an “Indemnifying Party”) shall release, defend, indemnify, and hold harmless Munevo (as an “Indemnified Party”) from and against losses, damages, liabilities, deficiencies, claims, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind brought by a third party, on account of personal injury or damage to the third party’s tangible property, to the extent caused by the acts, omissions, or negligence of the Indemnifying Party in connection with the Indemnifying Party’s use of the Product and these Terms.
IX. INSURANCE
You hereby acknowledge and agree that the Product is not currently subject to reimbursement by insurance in the United States. If you’d like to be informed when the Product can be covered by your insurance, please e-mail us at sales.usa@munevo.com.
X. MISCELLANEOUS PROVISIONS
Entire Agreement. These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations, and understandings of the parties.
Modification. We reserve the right to make changes to our Site and Commercial Documents, including these Terms, at any time.
Severability. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Force Majeure. Munevo shall not be liable for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
Governing Law. These Terms shall be governed by and shall be construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
Venue. The venue for any actions relating to the subject matter or enforcement of these Terms shall be in the State of Delaware, and you and Munevo consent the jurisdiction of the state and federal courts in the State of Delaware for any actions relating to the subject matter of these Terms.
Arbitration, Class Action/Arbitration, and Jury Waiver. You agree that any dispute or claim relating in any way to these Terms, or your Purchase or use of the Product, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
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 this Legal Notice as a court would.
We each agree that any dispute resolution proceedings 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.