Virility Medical LTD. ("Company"), is the developer and rights owner of in2 patch - a
wearable skin patch based on muscle stimulation, scientifically engineered to delay ejaculation ("Product").
These Terms and Conditions of Sale govern the online sale and purchase by consumers ("Customer" or "you") of the
Product through Company's digital assets (collectively the “Website”), and constitute a legally binding agreement between you and the Company regarding such purchase.
Please note that the purchase of Products is limited, and premitted solely to Customers
located in our shipping territories (“Territories”), as detailed in our Shipping, Returns and Refund Policy. We do not accept orders from addresses outside the Territories. IF YOU ARE LOCATED OUTSIDE THE TERRITORIES, PLEASE DO NOT PLACE AN ORDER. ORDERS FROM OUTSIDE THE TERRITORIES WILL BE CANCELLED.
Our Privacy Policy and Shipping Returns & Refunds Policy, are hereby incorporated herein, and together with these Terms and Conditions of Sale, shall be referred to as the “Terms”. Please make sure you review the Terms carefully before you place an order in order to make an informed decision with respect to your purchase.
Please be advised that these Terms governs solely your online purchase of the Product, and not the use of the Product itself, which shall be governed solely by the User Guide. You should carefully review the User Guide prior to making a purchase as well as any use.
ACCEPTANCE OF THE TERMS: BY PLACING AN ORDER THROUGH THE WEBSITE, YOU HEREBY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS, PLEASE DO NOT PLACE AN ORDER AND PURCHASE OUR PRODUCT.
1. COMPANY'S DETAILS
Virility Medical LTD
Address: 24 Hangar St. Hod Hasharon. Israel
Phone number: 1-888-615-4048
Email address: info@in2patch.com
VAT: 515448165
If you have any questions, complaints or comments regarding these Terms, your orders or the Product, please contact us as details above or through our designated Contact Us form available HERE.
We will endeavor to respond your request as soon as we receive it, however, the time-frames for responding your inquiry and/or complaint may vary depending on certain factors, including (but not limited to) their nature and complexity or if any additional information is
need.
2. ELIGIBILITY AND AGE LIMITATION
YOU MUST BE AT LEAST 18 YEARS TO PURCHASE AND USE THE PRODUCT. By placing an order, you represent and warrant that: (i) you are at least 18 years old and you are of legal competence to enter these Terms, and to take binding legal actions in accordance with applicable laws, and you are not prevented, by any applicable law or otherwise, from entering into these Terms. Our Product is offered solely for non- Commercial purchase and use, and we reserve the right to limit quantities.
3. 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 and Conditions of Sale on the Website,
provided however that the updated terms will not apply retroactively to an order you have already placed. The last revision date will be reflected in the "Last Updated" heading. In the event of a material change, we will make our best efforts to provide prior written notice to you before the implementation of such material change.
4. ACCOUNT AND ORDER PLACEMENT
4.1. When placing an order, you may decide to either check out as a guest or create an account (“Account”). The information you provide us through the registration process and at check-out (either as a guest or when creating an Account), such as your full name, shipping and/or billing address and any additional information as required for the payment, will be handled in accordance with our Privacy Policy
4.2. You are fully responsible for maintaining the confidentiality of your credentials and for restricting the access to your Account, and you alone are responsible for any and all activities which occur in connection with your Account. You agree to immediately notify us of any disclosure or unauthorized use or breach of security regarding your account through our Contact Us form available HERE.
4.3. You hereby represent and warrant that any and all information provided by you while placing an order is and will be accurate and complete. Any inaccuracy, including if we will not be able to provide the purchased Products due to such inaccuracy, will be at your sole responsibility.
4.4. All orders are subject to our reasonable and sole discretion which is based on, inter alia: (i) our ability to collect your payment; (ii) availability of the Product; (iii) our knowledge that the order price of the Product description was not correct; (iv) the information you provided through your order placement was not correct, for any reason; (v) your order breached these Terms; or if (vi) we have reasonable grounds to believe your order is fraudulent. Your order will be fulfilled only once you have received an email confirmation with respect to the receipt of your order and its price.
4.5. If we cannot accept your order or where we decide to cancel it following the receipt of an email confirmation, we will contact you to explain this and any payment made through the order placement will be refunded in accordance with these Terms.
5.SHIPPING, CANCELLATION, RETURNS AND REFUND
5.1. Prior to the order placement all applicable costs of delivery will be displayed to you through the applicable checkout page. We may offer several delivery methods, each has a different timeframe and cost; therefore, the cost of delivery may vary depending on the delivery option you choose.
5.2. Shipping and delivery shall be as detailed in our Shipping
Returns & Refunds Policy. We will do our best to keep you updated and ensure you can track your delivery’s progress and latest estimated delivery date. Note we are not responsible for delays outside our control. If the Product supply is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 30 days, you may contact us to receive a refund for a Product that has been paid for but not received.
5.3. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, for any reason caused by you, including where you did not provide us your correct contact details, we may cancel your order and you may have to compensate us for the costs we will have incurred as a result. We will not be responsible for supplying the Product late or not supplying any part of it if this is caused by you not giving us the information we need in order to supply your order.
5.4. If you have any questions about delivery of your order, please contact us, as detailed above.
5.5. Our Shipping Returns & Refunds Policy sets forth and governs all of your options with respect to order cancellation.
6. PRICES, PAYMENT AND PRODUCT DESCRIPTION
6.1. The price due and payable by you for the Product shall be as stated on this Website (product pages and at the time you place your order). All featured prices are subject to change at any time, subject to our sole discretion, without notice; however, price changes will not affect confirmed and accepted orders placed prior to the effective date of any such change. In the event a price shown on the Website is obviously wrong, we will not be obliged to provide the relevant Product to you at that price and will give you the option of confirming your order at the correct price or cancelling your order, in which case we will refund any incorrect payments collected in respect of such order in accordance with these Terms.
6.2. Except as required by law, all prices do not include any applicable taxes and you are responsible for any customs and import taxes that may apply. We assume no responsibility for any legal charges as a result of changing local/state laws.
6.3. During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the payment method being used is yours, or that you have the authority to use it. All fields indicated as compulsory must be completed. We use a third-party payment processor when you place an order (“Third Party Processor”) and we have limited control with respect to such payment method and will not be held responsible for any error that occurs via the Third-Party Processor during the order and purchase process. We will however, make our best efforts to assist you with any such errors with Third Party Processors.
6.4. The Products' images and description on the Website may contain certain typographical inaccuracies or incomplete information. We may, at any time, correct any such inaccuracies without prior notice. Furthermore, although we make every effort to display as accurately as possible the description of our Product, we cannot guarantee that the display on your computer will be accurate, and the Company shall not be responsible for such typographical errors. If you are not sure about any of the Product descriptions, you may contact our customer support with any questions you may have and we will be happy to assist you.
7. RESTRICTIONS OF USE
You agree to only use the Website and place an order, as set forth in these Terms and according to applicable laws and regulations. You hereby acknowledge that are solely responsible for any of your actions which could reasonably be construed as a breach or which may result in the breach of these Terms or applicable laws. We reserve the right to investigate any breach or alleged breach of these Terms, to prevent you from using our Website or placing an order, if we believe that you have breached these Terms and if we feel that it is necessary, to report such breach to the relevant law enforcement authorities. You may not use the Website in a way that would disrupt the use of the Website for other users. We reserve the right to limit your use of the Website for any reason, at our sole discretion, including restricting your access to your Account. You hereby further agree that you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative works, circumvent, hack or gain unauthorized access to the Website or its systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Website available to any third party, or any portion thereof; (iii) use the Website in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Website and the content available therein; (v) remove, obscure or alter any notices of proprietary rights, disclaimers or warnings that appear in the Website; (vi) use, access or attempt to access the Website via automated means; (vii) use the Company’s name, logo or trademarks without our prior written consent; or (viii) extract, collect or store personal data of other users without such users' express consent. ANY USE OF THE WEBSITE IN A MANNER WHICH IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
8. WEBSITE'S CONTENT & INTELLECTUAL PROPERTY
8.1.Our Website provide you with comprehensive information regarding our Product and its use, and may include additional related content, including, but not limited to, images, texts, logos, button icons, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). To the maximum extent permitted by applicable laws, we disclaim any responsibility for any decision or action taken based on the Content provided in this Website, all of which are provided "as-is".
8.2.The Website, Product, Product descriptions, and all Content available herein, is owned by the Company or its third-party partners and provided to you for your personal and non-commercial use, all subject to the Terms herein. Except as provided herein, no right, title or interest shall be licensed to you, and we reserve any and all rights, title and ownership of the Website, Products and Content.
9. CUSTOMER CONTENT
9.1. Customers might be able to submit certain content regarding our Products and its use of our Product, either when it wishes to receive customer support, or when providing feedback and reviews, including, among other images, texts, etc. ("Customer Content"). You hereby acknowledge and agree that you have all the rights, power and authority necessary to submit any such Customer Content, and will not: (i) violate any applicable law; (ii) contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory, adult and pornography content, alcohol-related or illegal drugs content; (iii) contain any content which is copyrighted, protected by trade secret or may infringe third party intellectual property or content which may infringes the right to privacy or create a risk to an individual’s safety or health; or (iv) content which has been generated by fake or unidentified users.
9.2. Further, by submitting, posting, or displaying the Customer Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of and make available to the public any part of the Customer Content including without limitation for promoting our Products and other services (in any media formats). We have the sole and absolute right and discretion to decide whether to publish any Customer Content and we may, without prior notice, monitor, censor, edit, remove, delete, any and all Customer Content, at any time and for any or no reason. Notwithstanding the above, we have no responsibility and liability with respect to Customer Content, which you may find inaccurate, offensive, indecent, or objectionable.
9.3 Privacy
We are committed to protecting the privacy of our users.
Please review our Privacy Policy to learn more regarding our privacy practices.
10. DISCLAIMER OF WARRANTIES
EXCEPT AS PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGRADING THE PLACEMENT OF ORDERS, OUR WEBSITE AND CONTENT, INCLUDING, BUT NOT LIMITED ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED, WHICH ARE PROVIDED “AS-IS” AND ON AN "AS AVAILABLE" BASIS. YOUR USE OF THE WEBSITE AND YOUR RELIANCE ON ANY OF THE INFORMATION OR CONTENT PROVIDED THEREIN SHOULD BE DONE SOLELY AT YOUR OWN RISK. THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES WHICH MAY OCCUR (TO YOU OR A THIRD PARTY) AS A RESULT OF YOUR USE OF THE WEBSITE AND PLACEMENT OF ORDERS. WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), 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, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR PLACE AN ORDER, EVEN IF THE COMPANY 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 THE COMPANY GROUP'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT OF THE APPLICABLE PURCHASED PRODUCT. THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR THE PRODUCT AND ITS USE, INCLUDING PERSONAL INJURY OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12.INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company Group from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (i) your use of the Website, Account or any order placement, in a way that does not comply with these Terms including any negligence or wrongful act on your part; (ii) your abuse or infringement of third party rights; or (iii) your breach of these Terms or any applicable law and regulation.
13. CHANGES TO THE WEBSITE AND CONTENT & ACCOUNT DELETION
13.1.1.You may request us to close and delete your Account at any time, by contacting us through our Contact Us form available HERE. Once your Account will be deleted you will not be able to recover it and if you wish to place an order, you will need to either sign in as a guest or create a new Account. We therefore recommend, that you not delete your Account if you believe that you will want to place an order again in the future.
13.1.2. We may change, modify, suspend, or discontinue any aspect of the Website and Content at any time without notice to you and without any liability to you whatsoever in connection therewith, including to cease our offering to place orders.
14. CUSTOMERS' RIGHTS
Without derogating with any of your rights detailed in these Terms, as a Customer, you have additional rights, such as the right to receive products of a satisfactory quality. Further, you have certain legal remedies if we breach any of these rights. Nothing in these Terms is intended to affect these legal rights or other rights to which you may also be entitled.
15.DISPUTE RESOLUTION
For any dispute, you have with us, you agree to first contact us through our Contact Us form available HERE and attempt to resolve the dispute with us informally. If, however we were unable to resolve the dispute informally, then each party agrees that these Terms shall be exclusively governed by the Laws of England and Wales, without regards to its conflict of laws principles. Any dispute arising from these Terms shall be brought before the competent courts of England and Wales.
16.MISCELLANEOUS
These Terms constitute the entire understanding between the parties with respect to the
sale of the Products through 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 any circumstances. Failure by the Company to enforce any rights or to take any 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 the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Company shall not be liable to Customers for any failure, delay or interruption in the performance of any of the terms or conditions contained in this Terms due to causes entirely beyond the control of the Company, including, without limiting the generality of the foregoing, strikes, boycotts, labor disputes, embargoes, acts of God, acts of public enemy, acts of governmental authority, floods and riots or rebellion.