OrCam’s Terms of Use and Sale
ORCAM TERMS OF USE AND SALE
[Last Updated: April 2022]
These terms of use and sale (“ Terms ”) constitute a legally binding agreement between OrCam, the operator of this website and the owner of the Devices (as defined below), and you, a visitor of our website or our customer (“ customer ” or “ you “). “ OrCam ” shall mean each company in the Orcam group (or all of them together), which include: OrCam Technologies Ltd. [registration number 514492388] the Israeli headquarters, Kiryat HaMada 3, Jerusalem, Israel; Orcam Inc., Delaware registration number 5419322 1115 Broadway, 11th floor, New York, NY 10010; OrCam UK Ltd ., registration number 98393788 60 Gresham St., London, United Kingdom EC2V 7BB; OrCam GmbH, registration number HRB 98213 Holbeinstraße 6. 50733 Cologne; and any other future subsidiaries or affiliates of the aforesaid companies. When you browse our website and shop our Devices through the website or otherwise, these Terms, as well as our refund policy (collectively the “Terms” ) will govern and apply. It is important and recommended that you take the time to read these Terms carefully as they will provide you with helpful information regarding, among others, the terms that will apply to your purchase. This website is an informative website and e-Commerce website offering OrCam’s devices (and supplementary products) for sale (“ Device(s) ”). Note that in addition to these Terms, the use of the Devices will be governed by their applicable user guide ( OrCam MyEye guide and OrCam Read guide ) and Terms and Conditions of your the relevant to your Device.For any questions or concerns, you may contact our customer service at: support@orcam.com, we will make our best efforts to provide you with the best assistance and any information needed as soon as possible.
Acceptance of the Terms: By accessing or using the website or purchasing any of our Devices through the website, you acknowledge that you have read and understood and agree to be bound by these Terms. The Terms constitute a binding and enforceable legal electronic contract between you and us. If you do not agree to these Terms please do not use the website.
Amendments
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “ Last Updated ” heading. Your continued use of the website following such amendments constitutes your acknowledgement and consent of such amendments to the Terms. In the event of any material change, we will make a reasonable effort to provide written notification within the website or by other means of communication.Eligibility
In order to use our website, including to purchase the Device, you must be at least 16 years old (or above the age defined as “minor” or “child” in your jurisdiction), and of legal competence to enter into these Terms. You further warrant that you are eligible to enter into these Terms and that you are not prohibited by any competent authority, judicial order or law from entering into any agreement; you have all proper authorizations, including if you are acting on behalf of a corporation, to enter into these Terms.Terms of Sale
When placing an order through the website or via our call center, you hereby represent and warrant that any and all information provided by you through the checkout page or over the phone, will be accurate and complete, including the contact details, payment details and the shipping or billing address. Non-complete or inaccurate information will prevent us from processing and delivering the Device, thus, it is your sole responsibility to ensure the details of the information you have provided are accurate. If you find out later that non-complete or inaccurate information was provided, please contact us immediately at: support@orcam.com . Following the completion of an order, you will receive a confirmation email. Please note that all orders are subject to availability. If you have not received the confirmation email or the invoice, there is probably a problem with your order, and we will subsequently get in touch with you with further instructions. In some cases, we will need to refuse or cancel an order (even if we have previously confirmed it). If this happens to you and you think we have made a mistake, please contact us at: support@orcam.com .Payment is made by our third party payment processors, therefore, we have limited control and will not be held responsible for any error occurring during payment. We will make our best efforts to assist in the solving of any such errors, if applicable. The payments do not include local taxes, we are responsible for our income and export taxes, however, any other applicable taxes, fees, and payments are your sole responsibility.
Please note that OrCam may offer customers from time to time additional packages to purchase the Devices (e.g., through its own sponsored plans or third party’s payment plans), as applicable in the relevant territory. In such event, additional and specific terms may apply with respect to the purchase of the Devices in addition to these Terms.
RefundYou can return your undamaged Device for a refund within the period required by local law or as agreed between you and OrCam at the time of purchase. Training fees are non-refundable. Please contact your local representative or OrCam support to initiate a return process. When you return the OrCam Device, please follow OrCam support instructions carefully. The Device must be in the same condition that you received it and undamaged in any way. Your refund and how it is issued may differ based on how the Device was purchased, its condition and how long you’ve had the Device. OrCam will process your return only after the carrier has received your Device and delivered to OrCam. It usually takes up to 3 weeks for OrCam to receive (for international shipping involving local customs it may take longer) and process your return. Note that we may charge certain fee for shipping costs when you return your Device, in accordance with applicable laws. Once OrCam issues your refund, it may take additional time for your funds to be made available in your account by your financial institution. As the parcel remains your responsibility until it arrives back with us, ensure that you get proof of postage in case you need to contact us about your return. For credit card payments it may take 5 to 10 business days business days. If you have any question, please feel free to contact OrCam support team.
Promotions
OrCam may offer you periodically special offers and discounts on our Devices including by using promotional codes (“ Promo Codes ”) that you can use to get a discount or other benefits. Remember, it is up to you to enter the Promo Code at the checkout! If you do not use the Promo Code at checkout, you will unfortunately not be able to claim any discount at a later stage. Each Promo Code has its own terms, which will be clearly communicated at the time it is issued to you. If we believe, at our sole discretion, that there is or there has been a misuse of a Promo Code in any way, we can cancel your Promo Code. You can only use one Promo Code per order. Special offers, Promo Codes or discounts offered by OrCam are subject solely to its discretion, limited to a specified period of time, and are subject to the number of Devices.Intellectual Property
The website (including any content therein), and the Devices’ descriptions, user guide, pictures, videos, symbols, icons and all the content available therein (“ Content ”), are owned solely and exclusively by OrCam or its licensors. No right, title or interest shall be licensed to you (unless explicitly stated in this Terms), and we reserve any and all rights, title and ownership of the Content.Restrictions of Use
You agree to use the website as set forth in these Terms and according to all applicable laws and regulations. You shall not, nor agree, authorize or encourage any third party to: (a) use the website in a non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (b) circumvent, disable or otherwise interfere with security-related features of the website and or prevent others from using it; (c) modify, create a derivative work of, reverse engineer, disassemble the website; (d) remove, deface, obscure, or alter the website; (e) use the website to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activity, including without limitation, deceptive impersonation in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (f) use any robot, spider, other automated device, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the website; or (h) otherwise use the website in any unlawful manner or in breach of these Terms. We may prevent you from using the website and our Services if we become aware of any action which breaches or which can reasonably be construed as a breach of the Terms.
Privacy
Our Privacy Policy describes how we process, use, store and share your information when you access the website or purchase through the website. The Privacy Policy is incorporated in these Terms by reference. We encourage you to periodically review our Privacy Policy.Disclaimer of Warranties
OrCam is not a medical organization and this website is not designed to provide diagnosis or medical advice. The content and the information on the website are provided for general information, education and use and as an overview of intended use of our Device and should not be regarded as medical advice, a diagnosis or substitute for professional advice. The use of the Device and reliance on the information provided herein is at your own risk.
Except as provided herein, the website and the content therein are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. OrCam does not warrant that the website will operate error-free or free of viruses or other harmful code. You agree that OrCam will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers. We make no representation or warranties that the website is or will be available for use in any particular location or at specific time. Your access to the website and is at your own risk and responsibility. Applicable laws may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. For more information regarding our disclaimer of warranties related to Devices, please refer to the Terms and Conditions.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, ORCAM (INCLUDING, WITHOUT LIMITATIONS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “ ORCAM AFFILIATES ”), AS WELL AS ITS DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE EVEN IF ORCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL ORCAM’S AND ORCAM’S GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE PRICE OF THE PURCHASED DEVICE(S). IndemnificationYou agree to defend, indemnify and hold harmless Orcam and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the website that does not comply with these Terms or Privacy Policy, including negligence and wrongful act; (ii) your abuse or infringement of third party rights through the website; and (iii) your breach of any applicable law and regulation. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the website.
TerminationYou are free to stop using this website at any time. We may terminate your access to all or any part of the website at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the website.
MiscellaneousThese Terms and the Privacy Policy constitute the entire understanding between the parties with respect to the use of the website. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. OrCam’s failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of OrCam. OrCam may assign its rights and obligations set forth herein at any time, at its sole discretion. These Terms are governed by the laws of the State of Israel without regards to its conflict of laws principles and shall be brought exclusively before the courts of Tel-Aviv Jaffa, Israel.
Contact Us
If you have any questions or concerns regarding these Terms, please contact us at : support@orcam.com, or send us a letter to one of our address (as indicated above) – as applicable to you.