FetalPlus Home Terms & Conditions
We encourage you to read the FetalPlus Home Terms of Service (the “Terms”) below.
PLEASE NOTE THAT SECTION 6 CONTAINS A MANDATORY ARBITRATIONPROVISION AND CLASS ACTION WAIVER, WHICH REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US. EXCEPT AS SPECIFIED IN SECTION 6, THIS PROVISION REQUIRES THAT DISPUTES BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND NOT AS A
CLASS ARBITRATION OR CLASS ACTION.
Age: You must be at least 16 years of age to sign up for FetalPlus Home, and by signing up for FetalPlus Home you confirm that you are at least 16 years old. If you are under 16, do not attempt to register for the FetalPlus Home or send any information about yourself to us unless we have received consent from your parent or legal guardian.
Welcome to FetalPlus Home. FetalPlus Home is operated by The Newborn Store NZ Limited. ("we," "our," "us," or "the Company"). These Terms of Service ("FetalPlus Home Terms" or "Terms") apply to your use of any of our products or services including:
(a) the FetalPlus hardware products, including without limitation cameras, smart lock, and base station devices (referred to herein as the "FetalPlus Home System"); and/or
(b) the FetalPlus Home mobile apps, (collectively referred to as the "FetalPlus Home Apps").
((a) and (b) above being collectively referred to herein as the "FetalPlus Home Services")
- Terms of Service
Your registration of the FetalPlus Home System through the FetalPlus Home APPs as well as use of the FetalPlus Home Services is subject to the provisions of these Terms. FetalPlus Home may at its discretion change these Terms from time to time. Any changes made to the provisions of these Terms , we will notify you, e.g ., by sending you an email or displaying a prominent notice in the FetalPlus Home Services. Changes will not apply retroactively and will become effective 30 days after FetalPlus Home provides you with notice of any changes to these Terms. If you are dissatisfied with any changes to these Terms you may cancel your FetalPlus Home Services in accordance with Section 14 of these Terms. Your use of the FetalPlus Home Services on or after the effective date of the change to the Terms constitutes your acceptance of the Terms, as modified. Any software component embodied in the FetalPlus Home System is licensed to you for the purpose of using FetalPlus Home System only, which cannot be sublicensed or transferred. FetalPlus Home Services cannot be used in the comprehensively sanctioned countries Cuba, Iran, North Korea, Sudan, or Syria, and the FetalPlus Home System should not be sold in these countries.
THE FetalPlus Home SYSTEM, WEBSITES AND SERVICES ARE FOR PERSONAL,NONCOMMERCIAL USE ONLY.
- Registration Information
Registration of your FetalPlus Home System is required. To register, you must provide and maintain accurate information, which may include: (i) your name (ii) your system identification number and (iii) an e-mail address. You agree to provide and maintain accurate and complete user information, and FetalPlus Home may terminate your account if you provide FetalPlus Home with inaccurate or incomplete user information. You also certify that you are legally permitted to use and access the FetalPlus Home Services. These Terms are void where prohibited by law, and the right to access the FetalPlus Home Services is revoked in such jurisdictions.
FetalPlus Home may collect, process, and store your videos and other information. Please review our
- Member Account, Password, and Security
You will create a password and account designation during the FetalPlus Home Service's registration
process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to properly protect your account by, for example, exiting from or logging out of your account at the end of each session. You will also immediately notify us of unauthorized use of your password or account.
We will not be liable for any loss or damage arising from your failure to comply with this Section 3. We may refuse registration of or cancel FetalPlus Home account designation in its discretion.
- Third-Party Service Providers
The FetalPlus Home Services give you the ability to access cloud storage platform (“Third-Party Platform”) by third parties ("Third-Party Storage Service Provider") over which we exercise no editorial or programming control. You understand the following:
(a) Third-Party Storage Service Provider may restrict or revoke access to the Third-Party Platform at any time;
(b) To the extent possible under the governing law, we are not responsible for and have no editorial control over Third-Party Platform and Third-Party Storage Service Provider;
(c) We have no control over the operation of Third-Party Platform. You agree that we will have no liability to you or anyone else who uses your FetalPlus Home System with regard to the Third-Party Platform. You also agree and declare that any and all Third-Party Platform accessed or transferred using the FetalPlus Home Services is for personal, non-commercial use and that the FetalPlus Home Services will not be used to illegally copy, illegally display, or otherwise make illegal use of T Third-Party Platform. Generally, authorization from the appropriate rights holder is needed prior to displaying, using, or copying Third-Party Platform. Unauthorized copying or distribution of copyrighted works may constitute an infringement of the copyright holders' rights. We may terminate the accounts of users of any FetalPlus Home service or software who infringe the copyrights, trademarks, or intellectual property rights of others. In addition, steps intended to defeat or bypass security measures designed to prevent intellectual property infringement may be illegal under the laws of New Zealand. We may terminate the FetalPlus Home accounts of users who develop or use methods to defeat or bypass such security measures and may take any other necessary or appropriate action to prevent infringement of intellectual property holders' rights.
- Changes to Your FetalPlus Home Service
To the extent possible under the governing law, we may, at our discretion and without notice or
user permission, change, add, or remove features and functionality of the FetalPlus Home Services. If you are dissatisfied with any material changes to the FetalPlus Home Services during a subscription, you may immediately terminate your use of the FetalPlus Home Services and be entitled to a pro-rated refund of any of your paid for, but unused, subscription. We are under no obligation to provide any or all features and functionality to your FetalPlus Home System and may, at our discretion, discontinue the provision of software updates to certain FetalPlus Home Systems. Because different FetalPlus Home Systems may support different features and functionality, the level of service we provide may not be the same for each FetalPlus Home System.
- DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER. PLEASE READ THIS PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH AGREEING TO ARBITRATE ALL DISPUTES ON AN INDIVIUDAL BASIS AND ARE THEREFORE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Any dispute, controversy, difference or claim arising out of or relating to this Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one or three determined by both you and us. The arbitration proceedings shall be conducted in English.
EXCEPTIONS TO ARBITRATION. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunction other equitable relief pending a final decision by the arbitrator. For all purposes of this Terms, for any dispute between the parties that is not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the court in Hong Kong located in where we have principal business.
CLASS ACTION WAIVER. The parties agree that they both give up the right to a jury trial, and that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class action lawsuit:
CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER ARE OPTIONAL. You may decline or opt out of this agreement to arbitrate by sending written and signed notice to admin@FetalPlus.com within thirty (30) calendar days of agreeing to these Terms.
- Service Eligibility/Parental Advisory
Use of the FetalPlus Home Services requires that your FetalPlus Home System has access to an always-on, broadband internet connection. To enable the FetalPlus Home Services all FetalPlus Home Systems must be registered FetalPlus Home apps, such as the official FetalPlus Home iOS and Android apps.
System Requirements. The Services will not be accessible without: (i) a Wi-Fi or other communications network in your home that is positioned to communicate reliably with the FetalPlus Homemhardware products; (ii) an FetalPlus Home account; (iii) for some features and functionalities of the FetalPlus Home Service, an enabled and supported wireless device, such as a phone or tablet; (iv) always-on broadband Internet access with bandwidth sufficient to support the FetalPlus Home hardware products you use; and (v) other system elements that may be specified by FetalPlus Home. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. FetalPlus Home is not obligated to make any updates available. FetalPlus Home does not guarantee that it will support the version of the system or device for which you purchased or licensed the software, apps, content, or other products. FetalPlus Home may stop supporting devices or operating systems that it previously supported. THE FetalPlus Home SERVICES ARE INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER.
- Member Conduct
You understand that all information, data, text, software, photographs, video, messages, tags, feedback, comments, questions, other information, or materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content
originated. This means that you, and not us, are entirely responsible for all Content that you capture, upload, post, email, transmit, or otherwise make available via the FetalPlus Home Services. We do not have an obligation to monitor or control the Content posted via the FetalPlus Home Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will we be liable for any Content, including but not limited to the following circumstances:
(a) any errors or omissions in any Content;
(b) any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the FetalPlus Home Services including viewing, copying, or redistribution of the Content;
(c) loss or destruction of Content; or
(d) failure to comply with any and all applicable federal, state, and local laws with respect to use of the FetalPlus Home Services including but not limited to laws related to closed-circuit television
monitoring for any purpose and recording communications. You also understand that we do not guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee the authenticity of any data that users may provide about themselves. We do not control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the FetalPlus Home Services.
You agree not to use the FetalPlus Home Services to do the following: upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or that contains any private or personal information of another person without that person's legally required consent; harm any person in any way; impersonate any person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the FetalPlus Home Services; upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);upload, post, email, transmit, or otherwise make available any Content that infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or that contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content; upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "spam," "chain letters," "pyramid schemes," or any other form of solicitation; interfere with or disrupt the FetalPlus Home Services or servers or networks connected to the FetalPlus Home Services (including without limitation denial-of-service attacks) or disobey any requirements, procedures, policies, or regulations of networks connected to the FetalPlus Home Services; intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ and any regulations having the force of law; "stalk" or otherwise harass another; or use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the FetalPlus Home Services; develop or use any applications that interact with the FetalPlus Home Services without our prior written consent; or use any non-FetalPlus Home branded device with any FetalPlus Home System component unless we have specifically designated it as compatible. Our personnel do not view your private photographs or videos without your permission unless compelled by law, but you agree that the Company and its designees will have the right (but not the obligation) in their sole discretion to screen and/or remove Content that is made, or attempted to be made, publicly available via the FetalPlus Home Services. We may also refuse or remove Content from the FetalPlus Home Services that may violate the Terms, such as those prohibitions listed in Section 8. Without limiting the foregoing, we will have the right at any time to remove any Content that violates these Terms, is illegal, or that we believe may be illegal or inappropriate (including, but not limited to, removal upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. You acknowledge, consent and agree that FetalPlus Home may access, preserve, and disclose your account information and/or Content if required to do so by law or in a belief that such access, preservation, or disclosure is reasonably necessary to
(a) comply with legal process, including without limitation subpoenas and search warrants;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of FetalPlus Home, its users, and the public.
You understand that the technical processing and transmission of the FetalPlus Home Services, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the technical processing and transmission of the FetalPlus Home Services, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the FetalPlus Home Services and software embodied within the FetalPlus Home Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the FetalPlus Home Services. FetalPlus Home may require certain security safeguards in order to use the FetalPlus Home Services, such as two-factor authentication. You may not attempt to override or circumvent any of the usage rules embedded into the FetalPlus Home Services. Any unauthorized or illegal reproduction, publication, further distribution or public exhibition of the materials provided on the FetalPlus Home Services, in whole or in part, is prohibited.
- Content Submitted or Made Available for Inclusion on the FetalPlus Home Services
FetalPlus Home does not claim ownership of Content you submit or make available for inclusion on the
FetalPlus Home Services. Nevertheless, with respect to Content (including all related intellectual property rights) you submit or make available for the FetalPlus Home Services, you grant FetalPlus Home. the following worldwide, royalty-free, nonexclusive, perpetual, irrevocable, sublicensable, and transferable license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, make derivative works of, publicly perform, and publicly display such Content on the FetalPlus Home Services and other third-party platforms solely in connection with providing you the FetalPlus Home Services, as permitted through the functionality of the FetalPlus Home Services and under these Terms. You grant FetalPlus Home the right to maintain a copy of the Content (including all related intellectual property rights) for archival and legal purposes. You also hereby do and shall grant each user of the FetalPlus Home Services a non-exclusive license to access and use your Content through the FetalPlus Home Services, as solely permitted through the functionality of the FetalPlus Home Services and directed by you and under these Terms. When you use a third-party application, the application may ask for your permission to access your FetalPlus Home content and information to enable the application to work as intended. Your agreement with the provider of that application will control how the application can use, store, and transfer that content and information, so be sure to thoroughly read any such application's terms of service and only use applications from trusted providers. For clarity, the foregoing license grants to the Company do not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing.
- Internet Service Provider and Cell Phone Charges
The FetalPlus Home Services require the use of a broadband internet connection. You are responsible for any service charges for your internet connection or data plan incurred as a result of using or accessing the FetalPlus Home Services and acknowledge and agree that you will be solely responsible for all disputes with any internet service or cell phone provider relating to same. In particular, streaming and viewing recorded videos and the use of the apps may incur extra and substantial charges on devices that use a data plan. We are not responsible for and do not make any assurances about the availability, functionality, or cost of any broadband internet connection or other data plan.
- Using the FetalPlus Home Services
You may access and use the FetalPlus Home Services only with an FetalPlus Home System that is authorized to communicate with the FetalPlus Home Websites and Apps. You agree not to tamper with or otherwise modify your FetalPlus Home System. The FetalPlus Home Services are provided for your personal, non-commercial use and may not be resold, in whole or in part. Except as expressly provided in these Terms, you may not transfer the FetalPlus Home Services or the right to receive them. By using the FetalPlus Home Services, you agree to receive all software updates and upgrades that FetalPlus Home sends to your FetalPlus Home System. These updates and upgrades may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you disable the automatic update and upgrade feature of the FetalPlus Home System then certain functionality of the FetalPlus Home System may be adversely impacted. Even if you disable the automatic upgrade feature of your FetalPlus Home System, we may still implement critical FetalPlus Home System updates; updates for FetalPlus Home applications running on your iPhone, iPad, Android phone, or tablet; and FetalPlus Home back end service updates. If your FetalPlus Home System accesses the FetalPlus Home Websites and Apps (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the FetalPlus Home Services and are bound by the provisions of these Terms.
- Termination of Service
You may request termination of your account and your right to use the FetalPlus Home Services at any time without limitation. The FetalPlus Home Services will be terminated within approximately 5 business days after your request. Any unused FetalPlus Home Services fees, including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from FetalPlus Home's or its agents' systems, including without limitation log entries, diagnostics, analytics coming from devices tied to the user, transaction details of the account, or information subject to search warrant, subpoenas, or other legal process. Notwithstanding anything to the contrary in these Terms, we retain the absolute right to immediately terminate your account if the subscription charges are refused for any reason, if you breach any provision of these Terms, if you misuse the FetalPlus Home Services, and/or if you alter your FetalPlus Home System or use the FetalPlus Home Services or software in such a manner as to infringe upon the intellectual property rights of FetalPlus Home and/or its subsidiaries and affiliates or any third party. In addition, we may terminate your account and these Terms for any other reason if the following occurs:
We give you at least 30 days advance notice of such termination. Upon any such termination of
your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the FetalPlus Home Services before termination, and we will give you a pro-rated refund of any of your paid for, but unused, FetalPlus Home Services fees that will remain unused because of FetalPlus Home's termination under this method of termination. Termination of the FetalPlus Home Services may result in the forfeiture and destruction of all information associated with your membership, including Content. All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
We may provide you with notices, including those regarding changes to these Terms, by email,
regular mail, text message, postings, or updates to the FetalPlus Home Websites and Apps or other reasonable means now known or hereinafter developed.
- Title to Software and Intellectual Property
You may need to use certain software programs in your FetalPlus Home System to use or have full access to certain features of the FetalPlus Home Services. You are required to accept and use the software included in your FetalPlus Home System at the time of purchase and other software programs that may be delivered to your FetalPlus Home System by FetalPlus Home from time to time. The Company and/or its subsidiaries, affiliates, and licensors retain title to and ownership of all the software for the FetalPlus Home System and certain intellectual property rights in the FetalPlus Home System. We and/or our affiliates also retain ownership of all FetalPlus Home copyrights and trademarks. In the case of third-party software delivered by the Company and/or its subsidiaries and affiliates to the FetalPlus Home System, the applicable third party retains title to and ownership of its software, copyrights, and trademarks. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, sublicense, distribute publicly perform, publicly display, copy, or use for other purposes the FetalPlus Home System or the software of the FetalPlus Home System is strictly prohibited, unless such prohibition is not allowed under the applicable law. If you install any FetalPlus Home software applications on your home computer ownership and the other terms of such use are governed by the applicable End User License Agreement to which you must agree prior to installation.
- Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
We respect the intellectual property of others and we require our users to do the same. FetalPlus Home may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat intellectual property infringers. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property interest that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf. Please mail this information to FetalPlus Home's Copyright Agent designated to receive notifications of claimed infringement:
Copyright Agent - Attention Legal Department,
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FetalPlus Home customer service. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
You may provide a link to your personal FetalPlus Home site. Any link to any FetalPlus Home Service must be to its home or top-level page. The FetalPlus Home Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources you agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
- Special Admonitions for International Use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- No Resale of FetalPlus Home Services
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes any portion of the FetalPlus Home Services (including your FetalPlus Home ID), use of the FetalPlus Home Services or access to the FetalPlus Home Services.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING BUT NOT LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, AND/OR TRADEMARK INFRINGEMENT AGAINST THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES OR THE FetalPlus Home SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF THESE TERMS, YOUR MISUSE OF THEFetalPlus Home SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF FetalPlus Home PRODUCTS OR SOFTWARE.
- Warranty and Warranty Disclaimer
TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN OUR LIMITED
HARDWARE WARRANTY FOR THE FetalPlus Home DEVICES, YOU UNDERSTAND AND
AGREE THAT THE FetalPlus Home SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT THE FetalPlus Home SERVICES WILL
MEET YOUR REQUIREMENTS OR THAT USE OF THE FetalPlus Home SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE NOR DO WE MAKE ANY
WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE FetalPlus Home SERVICES (INCLUDING THIRD PARTY CONTENT),
THAT ANY DEFECTS IN THE FetalPlus Home SERVICES WILL BE CORRECTED, OR THAT THE
FetalPlus Home PRODUCTS OR FetalPlus Home SERVICES WILL BE COMPATIBLE WITH ANY OTHER
SPECIFIC HARDWARE OR SERVICE. FURTHER, WE DO NOT WARRANT THAT THE
FetalPlus Home SERVICES OR THE FetalPlus Home SERVERS THAT PROVIDE YOU WITH DATA AND
CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO
ASSUME NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR FetalPlus Home BASE STATION, COMPUTER SOFTWARE, OR OTHER HARDWARE.
YOU AGREE THAT WE ARE NOT AN INSURER AND THAT WE ARE NOT PROVIDING YOU WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY US FOR THE FetalPlus Home SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR PROPERTY, ANYONE ELSE'S PROPERTY LOCATED IN YOUR PREMISES, OR ANY RISK OF LOSS AT YOUR PREMISES. IF YOU WANT INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS, DAMAGE, OR INJURY, YOU WILL NOT LOOK TO US TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR INSURER ALL SUBROGATION AND OTHER
RIGHTS TO RECOVER AGAINST THE COMPANY ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE, OR INJURY. OUR EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL PROBLEMS. FetalPlus Home MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE FetalPlus Home EQUIPMENT AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. THE COMPANY DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT THE COMPANY.OTHER THAN AS STATED IN OUR LIMITED HARDWARE WARRANTY FOR FetalPlus Home DEVICES, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE FetalPlus Home SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT APPLY TO YOU. FetalPlus Home HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE, OR LOCAL LAWS. OUR LIMITED HARDWARE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, FetalPlus Home DOES NOT EXCLUDE, LIMIT, OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT.
FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY. FOR OUR AUSTRALIAN CUSTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED.
- No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there will be no third- party beneficiaries to these Terms.
- Limitations of Our Liability
Under no circumstances will we be liable in any way for any Content, including, but not limited to, the loss of Content, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the FetalPlus Home Services. Subject to the exceptions stated at the end of this section, our liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of the Company. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on willful or grossly negligent breach of contractual duty or obligation on the part of FetalPlus Home, the preclusion and limitation of liability mentioned in the preceding sentences will not apply. The preceding preclusion and limitation of liability will also not apply to claims for
damages arising out of loss of life, bodily injury, or health impacts for which the Company may be liable, or for non-contractual liability. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit our liability in the event of our willful or intentional misconduct. Moreover, if we mistakenly or wrongfully overcharge your account, this section does not limit our ability to refund such mistakenly or wrongfully overcharged amounts.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OUR LIABILITY FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE FetalPlus Home DEVICES OR FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT OF COMPANY.
- General Information
Entire Agreement. These Terms, any additional terms we provide for any particular FetalPlus Home Services, and the applicable End User License Agreement, constitute the entire agreement between you and the Company and govern your use of the FetalPlus Home Services superseding any prior agreements between you and FetalPlus Home with respect to the FetalPlus Home Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other FetalPlus Home Services, affiliate services, third-party content, or third-party software. Those additional terms will control in the event of a conflict with these Terms only to the extent of the conflict.
Choice of Law. To the extent possible under your local law, these Terms and the relationship between you and FetalPlus Home will be governed by the laws of New Zealand without regard to its conflict of law provisions. Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your FetalPlus Home account is nontransferable and any rights to your FetalPlus Home ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The following entity is responsible for delivering the FetalPlus Home Services depending on where you are
using the FetalPlus Home System, and if you have any questions, complaints, or claims with respect to the
FetalPlus Home Services, you may contact us at: admin@FetalPlus.com