December 28, 2020
These are the Pre-Order Terms and Conditions (“Terms”) that govern the placing of pre-orders (“Pre-Order”) with Soovu Labs Inc (SLI) for Our Soovu Pain Relief System Product. Please read these Terms carefully before submitting Your Pre-Order for the SLI Product. By submitting Your Pre-Order, You agree to be legally bound by these Terms.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Company (referred to as either "the Company", "We", "Us", "Our", or “SLI” in this Agreement) refers to Soovu Labs Inc, 2439 8th Ave N, Seattle, WA 98109.
- Pre-Order refers to the reservation, dispositioned by the Company, placed by You to purchase the Product at a Discounted Price predetermined by the Company.
- Pre-Order Discount refers to the predetermined discounted price (relative to the full retail price) of the Product (also referred to as “Price”, “Discounted Price”, or “Pre-Order Price”).
- Product refers to the Soovu™ Pain Relief System component kit including pods, charging cradle, adhesive rings, AC adaptor, USB cable, and carrying case. Product also refers to the Soovu™ Mobile Application which is downloaded by customer once the Pain Relief System component kit has been purchased.
- Pod refers to the Soovu™ Heatwave Therapy Pod that pairs with the Application
- Terms and Conditions (also referred as "Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding Pre-Order reservation and subsequent purchase of the Product.
- You (and Your) means the individual placing the Pre-Order reservation for the Product.
When placing a Pre-Order for the SLI Product, You will be required to provide certain information, such as Your name, address, and billing information. You represent and warrant that all such information is accurate, and You shall ensure that such information is kept current. SLI shall have no responsibility or liability for inaccurate information or information that later becomes outdated. SLI 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.
You acknowledge and agree that SLI may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that We will make efforts to inform You within two (2) weeks of Our receipt of Your Pre-Order. Additionally, if SLI has collected payment from You, then You will be entitled to a full refund of the Pre-Order price.
SLI will charge all Pre-Order candidates a Discounted Price for the Product that will be revealed at the time the Pre-Order reservation is placed. At time of Pre-Order, You may be charged the full Discount Price, or a deposit on the Discount Price with any amount due charged at time that Product is shipped to You.
When SLI builds the Product, it will allocate and deliver the Product according to the sequence in which the Pre-Order is received. If You cancel or forfeit Your Pre-Order reservation in accordance with these Terms, the Product will be allocated to the next person on the Product reservation list. Notwithstanding the foregoing, You acknowledge and agree that We may need to build and use the Product for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Pre-Order reservations. Please consult Our website for more information regarding initial release and sale of Our Product.
Although SLI will make efforts to begin delivering the Product as soon as reasonably practicable, You understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and SLI does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, SLI is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts (beyond Pre-Order Discount), refunds or credits due to any such delays. We will provide You periodic updates with respect to such delivery schedule. If for any reason You decide that You do not wish to continue to wait for the Product, You may cancel Your reservation as provided for in the Cancellation section below.
The Pre-Order purchase price does not include taxes and other government charges, which are Your responsibility.
You or SLI may cancel this reservation by terminating the Pre-Order reservation at any time for any or no reason prior to Our notice to You that the Product is ready for delivery. If You choose to cancel Your Pre-Order reservation prior to Our notice of delivery, and You have paid the purchase price for the Product, You will obtain a full refund of the purchase Price. If SLI cancels Your reservation after You have been notified of allocation, and SLI has received your payment, You will receive a full refund of the purchase Price without interest (and You will not be charged any processing fee).
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SLI BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT. In the event SLI is held liable for any damages arising out of, or related to, this agreement, Your sole and exclusive remedy will be Cancellation of your Pre-Order reservation. If You have already purchased the Product under this Pre-Order agreement, then You will receive the full refund of Your purchase price without interest.
Age and Residency
You acknowledge that You are at least 18 years old, are a resident of the Unites States, and will take delivery of Your Product in the United States. You acknowledge and agree that SLI will initially focus its service efforts on certain geographical areas, and may expand to other areas as the Company grows.
Terms and Conditions of Sale
SLI DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT DISPLAYED BY SLI WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will make reasonable efforts to provide at least 10 days' notice prior to any new terms taking effect.
By continuing to remain on the Pre-Order wait list for the Product after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, Your sole and exclusive remedy will be to cancel Your Pre-Order reservation as described earlier in these Terms.
If you have any questions about these Terms and Conditions, You can contact Us by email at: email@example.com