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NapUp – Terms of Use

Welcome to www.mynapup.com (the “Website”), where you can learn more about the innovative car seat/booster head and neck support for toddlers (“NapUp”). You can also order NapUp through the Website.

The Website is owned and operated by AllDeal Ltd. (“we”, “us”, “our” and the “Company”), the distributor of NapUp.

Please carefully read the following Terms of Use, along with our ("Terms"). The Terms constitute a binding agreement between you and the Company and spell out your rights and responsibilities regarding use of the Website and ordering NapUp through the Website.  

By accessing or using the Website or ordering NapUp 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 presents information about NapUp and its compliance with safety standards. The Website also lets you order NapUp online. Orders for NapUp are governed by the Terms of Sale.

Please note that:

  • NapUp is not a substitute whatsoever for any vehicle safety items such as child safety seat, restraining car seat and seat belt.
  • NapUp is an optional comfort device. Some manufacturers of restraining car seats warn against placing any items or devices in the sear. When you use NapUp, you do so at your own choice.

When you contact us

You may use the “contact us” form on the Website. However, nothing in your submitted inquiries (other than orders placed through the Website) requires us to make any engagements or business arrangement with you, partner with you, provide any products or services, engage in any present or future marketing activities or engage in any discussions or negotiations with you.

Privacy

We respect your privacy. It forms an integral part of these Terms.

Website use

While using the Website, you must refrain from –

  • Breaching these Terms or any other applicable rules and instructions that we may provide with respect to the Website;
  • Interfering with, burdening or disrupting the functionality of the Website;
  • Breaching the security of the Website or publicly identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
  • Sending automated or machine generated queries;
  • Using robots, crawlers and similar applications to collect and compile content from the Website or send data to the Website including for the purposes of competing with the Website, or in such ways that may impair or disrupt the Website’s functionality;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information of or about other users of our Website;
  • Linking to the Website from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination; and
  • Engaging in any activity that constitutes a criminal offense or gives rise to civil liability.

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 the content posted there not suitable to your requirements or objectionable. We are not responsible for such third party websites or content.

Intellectual Property

All rights, title and interest in and to the Website, 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.

Do not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Website or any part thereof, in any way or by any means.

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

We may, at any time and without prior notice change the layout, design, scope, features or availability of the Website. We may also temporarily or permanently discontinue or suspend the operation of the Website and its business. We are not obligated to give any notice prior to such discontinuation or suspension.

These Terms shall terminate upon our permanent discontinuation of the operation of the Website and its business.

Changes to the Terms

From time to time, the Company may change the Terms. Changes will take effect 7 days after their initial posting on the Website, unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.

Disclaimers and Limitation of Liability

OTHER THAN THE WARRANTIES MANDATED BY LAW OR OTHERWISE EXPRESSLY PRESENTED ON THE WEBSITE –

  • THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
  • WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, VALUE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
  • WE DO NOT WARRANT THAT (1) THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; OR (2) THE WEBSITE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE GREATEST EXTENT PERMISSIBLE UNDER LAW –

  • THE COMPANY, AND ITS STAFF SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, COSTS, EXPENSES AND PAYMENTS, whether IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, OR ANY OTHER ASPECT OF these terms, even if the company is advised of the possibility of such damages;
  • the company’s total and aggregate liability to you for damages, losses or causes of action (whether in TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY), ARISING FROM, OR IN CONNECTION WITH THE WEBSITE OR ANY OTHER ASPECT OF these terms, is limited to the amount you actually paid to the company (if any);
  • the company’s liability to you arising from the purchase or use of napup shall be as compelled by applicable law. 

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, or your violation of any right of a third party in connection with the Website.

Governing Law and Disputes

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 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, and purchase of NapUp and with respect to 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

Last Updated: May 3, 2017

 

 

 

 

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