Enforcing Site Security
The Company may cooperate with system administrators or other network or computing services providers to enforce these Terms and Conditions or any other policy relating to the site. The Company may involve, and will cooperate with, law enforcement if criminal activity is suspected. Actual or attempted unauthorized use of this site may result in criminal and/or civil prosecution. The Company reserves the right to view, monitor, and record activity on the site without notice to you, including without limitation, pursuant to any order by a competent authority.
Terms and Termination
These Terms and Conditions will take effect at the moment you access or use the site, and are effective until terminated. These Terms and Conditions, or part of it, may be terminated by any of these means:
by us and without notice, at any time, and at its sole discretion;
If you violate or fail to comply with these Terms and Conditions;
If you cease using the site;
A violation of this Terms and Conditions by a person having only indirect access to our service through you, will be considered a violation by you, including whether the violation was in with your knowledge or consent. You are responsible for all actions of a person having direct or indirect access and service from us through you.
Termination is effective without notice. Upon termination, you must destroy all copies of any aspect of the site that you have made and remove downloaded software from your possession.
All provisions of this Terms and Conditions which by their nature should survive termination shall do so, including, without limitation, shipping and delivery, return and refund policy, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding your use of Intellectual Property.
Governing Law and Dispute Resolutions
These Terms and Conditions and all disputes or claims arising out of or related thereto shall be governed by the laws of the State of Israel without prejudice to its rules about conflicts of laws.
Any cause of action or claim arising out of use of the site including purchasing of products must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred from being submitted. You and the Company mutually waive all rights to a jury trial and to participation in class action litigation in connection therewith.
We will attempt in good faith to negotiate a settlement to any claim or dispute between us arising out of or about these Terms and Conditions. If we fail to agree upon terms of settlement, either side may submit the dispute exclusively to the competent courts of Tel Aviv. A printed version of these Terms and Conditions will be admissible in judicial or administrative proceedings.
You agree that the Company shall be entitled to seek and be awarded with an injunction or other appropriate equitable relief to restrain any breach of your obligations under these Terms and Conditions. Accordingly, you waive any requirement to deposit a bond or other security to court by the Company, in the event of any injunctive or equitable relief is sought to enforce any provision of these Terms and Conditions. You acknowledge that any such breach, threatened or actual, could cause irreparable injury to the Company that is not quantifiable in monetary damages.
If you have any dispute regarding any outcome concerning this Terms and Conditions, use of the site, services or information, you may submit your complaint to us in writing within fourteen (14) days of incident by email to email@example.com.
You agree that these Terms and Conditions are for the benefit of yourself and us. Therefore, these Terms and Conditions are personal to you and are not assignable. No joint venture, partnership, employment, or agency relationship exists between you and us because of these Terms and Conditions or arising out of your use of the Site.
If any provision of these Terms and Conditions is ruled invalid or otherwise unenforceable by a court of competent jurisdiction, or because of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be construed as amended in order to achieve as closely as possible the same effect as the Terms and Conditions as original drafted.
Pre-Order Terms and Conditions
These Pre-Order terms and conditions govern the placing of pre-orders with Hygear Inc., for its products. Please read these Terms carefully before submitting your pre-order. By submitting your Pre-Order, you agree to be legally bound by these terms.
Some products may not be available in our shop. Therefore, Pre-Order, or a back-order, is placing orders in advance, of products which are not available and/or are currently sold-out in our shop. On pre-ordering, we give you a guarantee to receive the item when it is in stock, and we enlist you on the product reservation list.
You acknowledge and agree that Hygear may decline or delay reservations to avoid oversubscription or as it deems appropriate. In such case, we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase price.
Registration and Information
When placing a Pre-Order for products, 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. The Company 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 firstname.lastname@example.org.
Hygear manufactures products according to the pre-orders that have been received. Therefore, Pre-Order requires payment. You will be charged the full price at the time of placing the Pre-Order. Your placing of a Pre-Order constitutes your express agreement to the Company charging of your provided payment method at such time.
Shipping and Delivery Schedule
Although we will make efforts to begin delivering products as soon as reasonably practicable, you understand and agree that there may be delays. Products are expected to be ready to ship on the estimated time in site’s the product page, subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and the Company does not represent or warrant that it will be able to ship the product by that time. Nevertheless, we will provide you any updates with respect to such delivery schedule. In the event that a delay arises and the estimated shipment and/or release of the product is not met, Hygear is 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.
Estimated Date of Arrival
Estimated date of arrival, is based on the shipment method you have chosen when completing the Pre-order, but it may not be accurate. This may take a little longer than expected, so please manage your expectations when it comes to ETA. For customers who cannot conform with the pre-order timeline, we recommend not to place order, to avoid frustration and misunderstanding.
We can assure a maximum of 60-days arrival, or your money-back guarantee. Usually products arrive on time. If and when delays (that are due to circumstances beyond our control) are greater than 60-days, we will provide full refund of payment made.
Cancellations and Refunds of Pre-Orders Policy
Since Hygear manufactures products according to the pre-orders that have been received, all pre-ordered items are considered SOLD and they are FINAL. There are no cancellation and no refunds after payment is made in a Pre-Order.
Changes to these Pre-Order Terms and Conditions
These pre-order terms and conditions are subject to change by us without prior notice and for any or no reason. We will provide notice for you of any material changes, and if you are unhappy with such changes, notwithstanding the Cancellations and Refunds of Pre-Orders Policy, your sole and exclusive remedy will be to cancel your reservation wherein you will receive a full refund of the Pre-Order.
Updated May 2018
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
THIRD-PARTY VENDOR POLICIES
To help us improve our services to you, Hygear may engage third-parties to help carry out certain internal functions such as payment solutions provider, account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business, and may used shared information for such purpose. Shared information may also be used to provide professional, legal, or accounting advice to Hygear. The use of shared information is strictly limited to the performance of the above and is not permitted for any other purpose. All third parties with which Hygear shares personal information are required to protect such personal information in accordance with all relevant legislation and in a manner similar to the way Hygear is. Hygear will not share personal information with third-parties which it considers will not afford its clients the required level of protection.
INFORMATION WE COLLECT AND HOW WE USE IT
When you use or connect to the site through your computer or a mobile device, the owners and publishers of the site collect certain information from and about you in a few ways: directly from our web server logs, voluntarily from you (see below), with the aid of cookies, with web beacons, and through the use of website analytics through a third-party service provider. We collect personal identifiable information necessary for transactions and for internal marketing purposes based on user activity, registration and billing from customers who purchase our products or services online.
When using our site for reference or purchases of products, you may provide us with certain personal data, such as your name, e-mail address, telephone number, location, language preference, gender, age, etc. We may also ask you for information when you report a problem with our site. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
we may record web server logs such as the referring site, the date and time of each visit, the length of visit, your IP computer address, traffic data, the number of links you click within the site, the name of your Internet service provider, the resources that you access, operating system and browser type information, and information contained in or relating to any communications that you and your computer send to us or send through the site. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
We may record information that you provide by filling in forms on our site, subscribing to our services, posting material or requesting further products or services. If you contact us, we may keep a record of that correspondence. We may keep any other personal information that you choose to send to us and other relevant information.
We may also retain details of transactions you carry out or any purchases you make of our products and/or services through the site and of the fulfillment of your orders. Your historic trading track-record, and information about any trades from the point you start reporting them to us, whether this is required for our own billing purposes or otherwise.
If you are purchasing a product, we will request financial information. Any payment transactions will be encrypted using SSL technology. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be needed in order to provide online technical support and troubleshooting.
HOW THE GATHERED INFORMATION IS USED
We use information provided by you in the abovementioned ways in the following manners:
Ensure that content from our site is presented in the most effective manner for you by your computer.
Provide you with information, by email or otherwise, about products or services that you request from us, or which we feel may interest you. If you are an existing customer, we will only contact you with information about our products similar to those which were the subject of a previous sale to you. When you are no longer our customer, we continue to use your information as described in this policy.
Carry out our obligations arising from any contracts entered into between you and us.
Allow you to participate in interactive features of our products or services, when you choose to do so.
Notify you about changes to our products or services.
Send statements, invoices and payment reminders to you, and to collect payments from you.
Keep our site secure and prevent fraud.
Disclose information as necessary to credit card agencies as reasonably required in order to provide the products and services to you.
From time-to-time, Hygear may release non-personal-identifying information by publishing a report on trends in the usage of the site.
If you send Hygear a request (for example via a support email or via one of its feedback mechanisms), Hygear reserves the right to publish it in order to help Hygear clarify or respond to your request or to help Hygear support other users.
Other relevant and reasonable uses.
Any financial information we collect is used only to bill you for the products you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.
We may disclose your personal information to any member of our group, which means our subsidiaries, sister-companies, holding company, and to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy. Some of those employees, contractors and affiliated organizations may be located outside of your home country, and by using the site, you consent to the transfer of such information to them.
PROTECTION OF PERSONAL INFORMATION
Any personal information you provide us will be treated as confidential and shared only within Hygear and will not be disclosed to any third-party except under this policy or any regulatory or legal proceedings.
The personal information that you provide in connection with registering yourself as a user of the site is protected in many ways. You can access your registration information through a password selected by you. This password is encrypted and known only to you and shall not be revealed to anyone else. Registration information is safely stored on secure servers that only authorised personnel have access to via password. Hygear encrypts all personal information as it is transferred to Hygear and thus makes all reasonable effort to prevent unauthorised parties from viewing any such information.
USE OF WEB BEACONS OR GIF FILES
This site may contain electronic images known as “Web Beacons” (also called single-pixel gifs) that allow the owners and publishers of the site to count users who have visited those pages and to deliver similar products or services. The owners and publishers of the site may include Web Beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
Some Web Beacons may be placed by third-party service providers to help us determine the effectiveness of our advertising campaigns or e-mail communications. These Web Beacons may be used by these service providers to place a persistent cookie on your computer, for the benefit of Hygear. This allows the service provider to recognize your computer each time you visit certain pages or e-mails and to compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and e-mails bring you to our site and how you use the site. Hygear prohibits Web Beacons from being used to collect or access your personal information.
INFORMATION SUBMITTED BY THE USER
Registered site users may have the opportunity to submit feedback and information regarding their interaction with the site, which will be subsequently displayed on the site on an anonymous basis. Such information is submitted on a voluntary basis.
NOTICE ON DISCLOSURE OF USER PERSONAL INFORMATION
Hygear reserves the right to share aggregated site statistics with affiliates, to help enhance its service offerings, but does not sell or forward personal identifiable information to third-parties without your permission, unless such information: (i) has been submitted by you to fulfill your products or services’ requests; (ii) is required to be disclosed by law, regulation, legal process, law enforcement or government regulatory authorities, in which case we shall give you as much advance notice as is reasonably practicable in order to allow you to limit or restrict such disclosure; (iii) in order to enforce or apply our Terms & Conditions and other agreements; (iv) is required to be disclosed in order for us to protect our legal rights or defend for safety and against liability, of Hygear, its costumers, its site users, or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit card misuse protection); (v) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information; or (vi) in connection with a merger, acquisition, or liquidation of Hygear, or if Hygear sells or buys any business or assets, in which case we may disclose your personal identifiable data to the relevant party, as one of the transferred assets.
Although you are not required to provide Hygear with any of the personal information that we may request, please note that failure to do so could result in Hygear not being able to open your account, provide you with the products or service you require, or enable your engaging in certain website-related activities.
If you wish, you may choose not to receive emails, newsletters or other communications from the site by clicking the “Unsubscribe” link in the email communication sent to the email account which was registered with the site. You can also request not no receive marketing communications at any time by contacting us at email@example.com.
INTERNET BASED DATA TRANSFER
Using the Internet to collect and process personal data necessarily involves the transmission of data. Therefore by browsing this site and communicating electronically with us, you acknowledge and agree to our processing of personal data in the manner of internet transferring of information.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do all reasonable efforts to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use reasonable procedures and security features to try to prevent unauthorised access.
UNDER 18 POLICY
People under 18 years of age are not permitted to use the site.
ACCESS TO INFORMATION
You can ensure that your personal identifiable information in your web account file is correct and up to date by contacting our support attendants via our support desk at firstname.lastname@example.org.
In case you have the right per the local law to access information which Hygear holds about you, your right of access can be exercised in accordance with the law. We may determine from time to time to charge fees to meet our costs in providing you with details of the information we hold about you. Note that we may withhold personal information that you request to the extent permitted by law.