Terms of Use and Reservation
Welcome to “Bzigo” – Autonomous devices for a pest-free life. Our website – bzigo.com (the “Website”) is owned and operated by Bzigo, Inc., a company incorporated under the laws of the state of Delaware (“Bzigo”, the “Company”, “we”, “our”), with its principal offices at 33 Yavetz St., Tel Aviv, Israel.
Please carefully read the following terms and conditions (the “Terms“), which constitute a binding agreement between you and the Company and define your rights and responsibilities regarding your use of the Website and the reservation of our Product (as defined herein) made through the Website.
By accessing or using the Website or by making a reservation for our Product through the Website, you signify your acceptance of these Terms. If you do not agree to these Terms, you may not use the Website in any manner.
If you are acting on behalf of a corporation, organization or other legal entity, then you represent and warrant that you are duly authorized to enter into this agreement on behalf of such entity and that you have the proper authority to legally bind the entity to these Terms.
ABOUT THE WEBSITE AND OUR PRODUCT
Informative content on the Website. The Website provides content and information about Bzigo and its unique product, which assists you to get rid of mosquitoes by simply and easily locating them in any room using our advanced precision technology (the “Product”). The Website’s content is presented for informative purposes only.
Our online contact form allows you to submit your contact details, in order to receive further information and updates regarding the Product, or to contact us for any other purpose.
Product reservation. The Website also allows you to reserve a slot (on a first come first served basis) to purchase the Product once it is ready for marketing, against a payment of a minor reservation fee as indicated on the Website. By reserving now, you will also receive a discount for future purchase of the Product you have reserved, at a discount rate as indicated on our Website. You can ask for a refund at any given time before delivery and receive your reservation fee back.
We will do our upmost to provide our Product and begin its marketing at the estimated date mentioned on the Website. however, we cannot guarantee that no delays would occur, and you will have no claim against us if such delays take place. Remember that you can ask for a refund of your reservation fee at any time.
MINORS
The Website is intended only for individuals 13 years of age or older. Children under the age of 13 may not use the Website in any way. If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to use the Website and accept these Terms.
PAYMENT
We accept payment for the reservation fee by PayPal. We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods are processed and handled through relevant third parties, such as PayPal.
Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
ACCEPTABLE USE OF THE WEBSITE
The following terms define the acceptable use of our 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 –
- Breaching theses Terms or any other applicable Website rules and instructions that we may provide;
- Interfering with, burdening or disrupting the functionality of the Website;
- Breaching the security of the Website or 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;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
- 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.
We may employ technological measures to detect and prevent fraudulent or abusive use of the Website.
CONTACTING US
You may contact the Company by using our online ‘Contact’ form, available on our Website.
When using our online form, we will ask you to provide us with certain contact and personal details, such as your full name, email address, the nature of your request, etc. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may impair our ability to contact you. We will explicitly indicate the mandatory fields for completion.
LINKS
Link to other websites. 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 them, or the information and content posted there, not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.
We do not endorse third party websites. 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.
PRIVACY
We respect your privacy. Click here [provide a link to the Privacy Policy] to read our current Privacy Policy. It forms an integral part of these Terms. Given that the privacy policy may change from time to time, we recommend that you periodically read it.
INTELLECTUAL PROPERTY
Our intellectual property. The intellectual property rights associated with the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third-party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, domain name, the Website’s “look and feel”, computer code and any other detail concerning its operation.
Restrictions. Do not copy, duplicate, distribute, sell, make available, market and 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, services 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.
TERMINATION AND SUSPENSION
Operation of the Website. The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and the Website’s business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms shall terminate upon our permanent discontinuation of the operation of the Website and the Website’s business.
CHANGES TO THE TERMS
Changing these Terms. The Company may change the Terms from time to time. We will notify you of the 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 constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products reserved prior to the effective date of the amendments.
Changing the Website. We may, at any time and without prior notice change the layout, design, scope, features or availability of our Website.
DISCLAIMER OF WARRANTIES
Except as provided in these Terms and 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, the Product, and Product descriptions, whether express or implied, arising by 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.
No representation or other affirmation of fact, including, without limitation, statements regarding suitability for use or performance of the Website, its content or the Product, whether made by the Company, a representative or otherwise, which is not expressly contained in these Terms, 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.
The Company does not warrant that the Website will operate in an uninterrupted or error-free manner, that defects or errors in the Website will be corrected, that they will be free from all harmful components, safe, secure, immune from damages, or free of malfunctions, bugs or failures. Such incidents will not be considered a breach of these Terms.
LIMITATION OF LIABILITY
The Company, and its officers, directors, shareholders, employees, sub-contractors and agents, shall not be liable to you, to the maximum extent permitted by applicable law, for any indirect, special, punitive, exemplary, statutory, incidental or consequential damage, or any similar damage or loss (including loss of profit or loss of data), 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, its content, the Product, or any other aspect of 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, or your violation of any right of a third party in connection with the Website.
NOTICES
Notices from us to you, required under the Terms or otherwise necessary, may be given by email communication to the email address of record, if provided, or by posting on the Website. Such notices shall be deemed to have been given in writing.
APPLICABLE LAW AND JURISDICTION
Regardless of your place of residence or where you access or use the Website from, these Terms and your use of the Website will be governed by and construed in accordance with the laws of the State of New York, USA, 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 New York.
The competent courts located in the city of New York, New York, whether state or federal, will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Website and its use, 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 New York, New York 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, has been lodged against the Company.
GENERAL
Whenever used in these 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.
These Terms 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.
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.
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.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
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.
Last Updated: 2019