Terms of Use

Website Terms & Conditions

 

Welcome to the tēmi website, and thank you for visiting. These Terms and Conditions (hereinafter: the “T&C”) are a legal contract between temi USA Inc. and the User (as defined herein).

  1. General
  2. The temi website with the URL https://www.robotemi.com and all of its web-pages (all together, hereinafter: the “Website”) and owned by temi USA Inc. (hereinafter: the “Company”), is the Company’s website for contact information and product and services descriptions. All provisions in these T&C apply to the Website and any reference herein to the Website means the Website and the Company, jointly and severally.
  3. The purpose of these T&C is to define the relationship between the Company and the Users (hereinafter: “User” or “Users” or “You”) with respect to the Website. Any use of the Website is subject to the conditions set forth in these T&C. Users are held to have consented and confirmed the conditions of these T&C as a precondition for using the Website.
  4. Please read these T&C carefully prior to taking any action on the Website, as it constitutes a binding agreement between You and the Website. It is clarified that by using the Website You are acknowledging that You have read and understood these T&C and that You consent to the conditions set forth herein without reservation.
  5. By visiting this Website, You represent that You are over the age of 16, as the Website is not intended for children under 16.
  6. The Company reserves its right to update, change or replace these T&C from time to time, and the current version of the T&C on the Company’s Website is the version that is binding upon the Company and the User. In any event of discrepancy or contradiction between the provisions of the T&C and other publications on behalf of the Company, including on the Website, the provisions of the T&C shall take precedent. Your continued use of or access to the Website following the posting of any changes to these T&C shall indicate acceptance of such changes.

 

  1. The Company will use reasonable efforts to include up-to-date and accurate information in this Website or on any related website (the “Content”). However, the Company cannot and does not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. The Website and its content are delivered on an “as-is” and “as-available” basis. Occasionally there may be Content provided via the Website that contains typographical errors, inaccuracies or omissions that may relate to the Company’s product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, etc. The Company reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. The Company do not undertake any obligation to update, change or clarify Content, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that the Content has been modified or updated.
  2. The Company disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The Company disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against the Company for dissatisfaction with the site or any content is to stop using the site or any such content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
  3. The User agrees not to use or launch any automated system, including, without limitation, “offline readers”, “robots” and/or “spiders” that access the Website in a manner that sends more request messages to the Company servers than a human using a conventional on-line browser reasonably could.
  4. The Company has the right to terminate any User’s access to the Website, in its sole discretion, immediately and with or without cause.
  5. The Company may collect and use data related to the User’s access and use of the Website. Procedures according to which the Website collects and uses such data are specified in the Company’s Privacy Policy. To view the website’s Privacy Policy go to https://www.robotemi.com. By using the Website, you consent to the processing described in the Company’s Privacy Policy and warrant that all data provided by you is accurate.
  6. Terms of Sale
  7. By placing an order you are offering to purchase a product, subject to the following terms and conditions. By agreeing to these T&C and/or making a purchase via our Website, you represent that you are over 18 years of age, or at least the age of majority in your state, country or province of residence.
  8. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and origin and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with the Company you must be possess a valid credit or debit card issued by a bank acceptable by us. The Company retains the right to refuse any requests made by you. If your order is accepted we will inform you by email.
  9. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
  10. While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If your order is cancelled and you have already paid for the goods, you will receive a full refund.
  11. Delivery costs may be charged in addition; such additional charges are clearly displayed where applicable and included in the total cost.
  12. We reserve the right at any time to modify or discontinue the service(s) and/or the sale of products presented on the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of such service(s) and/or the sale of products.
  13. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
  14. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  15. The Company will do its best to ensure you are happy with your purchase. If you wish to return a purchased product, you may contact us at contact@robotemi.com.

 

  1. Linking to the Website and Third Party Content
  2. You may link to our Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
  3. Certain content, products and services available via our Website may include materials from third-parties.
  4. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  5. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  6. Intellectual property
  7. All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or attached/connected/related to the Website, including without limitation any content and information published on the Website, in the methods of sale, the databases, the Website’s applications and graphic design and any other detail related to its operation, any underlying software, platforms, technology, any information, services, texts, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application “look and feel”, features and related content that may be created in connection with the use of or registration to the Website, any modifications, enhancements, derivatives thereof and all Intellectual Property Rights related thereto are the property of the Company and/or its respective affiliates and/or, advertisers and other licensors which retain all right, title and interest in connection therewith.
  8. Other than as set forth herein no transfer or grant of any rights is made or is to be implied by any provision of these T&C or by any other provision contained in the Website with respect to the Company Intellectual Property Rights or otherwise.

Intellectual Property Rights” means worldwide (a) rights associated with works of authorship, designs and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (d) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

  1. By using the Website and/or confirming the conditions of these T&C, the User grants the Company a royalty free license, worldwide and unlimited in time, to copy, duplicate, distribute, sell, market, disclose to the public, process, edit, translate and use all content uploaded by Users to the Website, and in any other way, according to the exclusive discretion of the Company, on the Website, in printed material, on digital media, including additional websites, and Users shall have no claim and/or argument against the Company in connection with the use of the content uploaded to the Website by them as set forth above. Users shall not be entitled to any consideration for using such content and they shall have no argument and/or demand on the grounds of violation of copyright and/or any demand for payment with respect to using such content. By uploading content the Users represent that they are responsible to make sure prior to uploading content to the Website that they own the intellectual property rights and moral rights in such content and that publishing the content and uploading it to the Website and possible use of it by the Company as set forth above do not constitute a violation of any law, and they shall bear exclusive liability if the aforementioned is not fulfilled.
  2. Use of the Website does not confer to the Users any license or other right to use the intellectual property of the Company and/or any third party. It is prohibited to copy, duplicate, distribute, sell, market, change the design or graphic interface, publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Website, or translate any information from the Website (including trademarks, images, text, methods of sale and computer code) without obtaining the explicit advance written consent of the Company and it is prohibited to act in any way that violates provisions of intellectual property law.
  3. It is prohibited to make any business or commercial use of the data published on the Website and/or use any data published on the Website for purpose of displaying on any website or service or for any other use, without obtaining the advance written consent of the Company and subject to conditions of such consent (if granted). In general, it is prohibited to collect data from the Website using data collection software etc. or distributing such data in public for commercial purposes or in a commercial framework.
  4. The provisions of this Section do not derogate from the provisions of applicable law, and in addition thereto all limitations and prohibitions set forth in law with respect to intellectual property rights shall apply.
  5. Indemnity
  6. The User undertakes to indemnify, defend and hold harmless the Company and any person on its behalf, including their employees, officers, shareholders directors, consultants, agents, affiliates and any other person on their behalf, for any claim, liability, demand, damage, loss, lost profits, payment or expense caused to them – including, but not limited to, attorney’s fees and legal expenses – due to breach of the terms of use of the Website as set forth in these T&C and/or violation of any law in connection with the use of the Website and/or claim and/or demand of any third party in connection with or as result of content uploaded and/or provided for publication on the Website and/or as result of linking to the Website and/or to other websites and with respect to any other violation of the provisions of the T&C.
  7. In no case shall the Company’s directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, bodily harm, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Company’s products procured using the Company’s services, or for any other claim related in any way to your use of any the Company’s product, including, but not limited to, potential harm products sold by the Company may have on other dependent or integrated product, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Company’s products or any Content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  8. Waiver
  9. If you breach these T&C and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
  10. Invalidity
  11. If any part of the T&C is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the T&C will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
  12. Entire Agreement
  13. These T&C constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and the Company. Any waiver of any provision of the T&C will be effective only if in writing and signed by an authorized signatory of the Company. Any ambiguities in the interpretation of these T&C shall not be construed against the drafting party.
  14. Law and jurisdiction
  15. The law that applies to activity on the Website and these T&C is the law of the State of New York, without regard to its conflicts of laws provisions. Any claim under these T&C must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
  16. Exclusive jurisdiction to hear any dispute regarding the Website and/or these T&C and/or use of the Website and anything deriving thereunder is conferred to the competent court in New York, USA.
  17. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
  18. If any of the provisions of these T&C are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these T&C, so that these T&C shall remain in full force and effect.
  19. Contact
  20. For any question and/or problem relating to the Website, please contact the Website’s service center by email: contact@robotemi.com.

 

Last Updated: October 2018