Last update: June 27, 2014
Welcome to www.Kolibree.com. The site offered by KOLIBREE SAS, a company whose registered office is located at 36 rue de Turin 75008 Paris, FRANCE.
THESE TERMS AND CONDITIONS OF PRE-ORDER, SALE AND USE (“AGREEMENT”, “TERMS”) SET FORTH THE TERMS UPON WHICH KOLIBREE SAS (“KOLIBREE”, “KOLIBREE SAS”, “US”, “WE” OR, THE “COMPANY”) SELLS, AND YOU PRE-ORDER AND PURCHASE, DIFFERENT VERSIONS OF THE KOLIBREE DEVICES OFFERED BY KOLIBREE THROUGH ITS WEBSITE AT WWW.KOLIBREE.COM (THE “WEBSITE”) (EACH, A “PRODUCT” OR “SERVICES”). BY PURCHASING A PRODUCT, YOU ARE AGREEING TO THIS AGREEMENT, WHICH FORMS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY AND INCLUDES AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. DO NOT PRE-ORDER A PRODUCT IF YOU DO NOT ACCEPT THIS AGREEMENT. THE TERM “YOU” MEANS BOTH THE INDIVIDUAL PLACING THE PRE-ORDER AND THE ENTITY ON WHOSE BEHALF SUCH INDIVIDUAL IS ACTING, IF ANY.
The KOLIBREE Services are available for individuals aged 5 years or older. If you are 5 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Full use of the KOLIBREE Services requires compatible KOLIBREE Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The KOLIBREE Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the KOLIBREE Services.
Any orders for Products placed through the Website are binding. All order quantities are firm, and you may not cancel or modify any order, except as set forth in this Agreement. Pricing and Payment. You agree to pay the price for the particular Product you are purchasing listed on the KOLIBREE website by credit card in accordance with the payment procedures described on the Website. Our team has produced and tested prototypes of the Kolibree and we have started designing the first mobile application dedicated to oral care. Pre-orderers are supposed to be delivered during November 2014 and we have been working with our manufacturing partners to mitigate the risks in volume production and make sure we will execute our operational planning. We have provided our users with a conservative estimate on our website of when delivery of the Kolibree toothbrush and its first app can be delivered, to avoid disappointment. Nevertheless, unexpected challenges may present themselves as we seek health and safety certification approvals and finalize manufacturing. We are committed to keeping our pre-orderers informed of our progress in the following months after the purchase . In the event that unexpected issues arise in the delivery schedule, we will do our best to minimize the impact on our early adopters and fully dedicate ourselves to providing you with new awesome tools reinventing day after day the way you take care of your teeth and experience dental education.
We may make changes to the TERMS from time to time. A link to the most current TERMS will be available on the Kolibree home page and we will indicate the date of the “Latest Update” at the top of the TERMS. We may also place a special notice on the Kolibree Services or communicate significant changes by email. Your continued use of the Kolibree Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.
In order to have access to Services, a user shall create an account by registering via mobile applications provided by KOLIBREE. This account is protected by the user’s login information (user ID and password). The users, per login to the Service using their account, are required to identify themselves using their login information. Costs for accessing the service (computer, mobile device supported by the Service, internet connection) are assumed by the user. Users of KOLIBREE Products and Services are responsible for maintaining the security of their access information (login ID and password). In the case that you suspect that your access information has been compromised you must immediately change your password and contact us at Support
KOLIBREE is not responsible for any unauthorized access of someone else to your account through information that was obtained from you or through the violation of KOLIBREE’s Policy or of this TERMS. The services on www.Kolibree.com are reserved for users 5 years old and above. Minors are not advised to use these services without an adult supervision. KOLIBREE may, in its sole discretion, terminate or suspend access to all or part of the Site, Services or Products, whether temporarily or permanently, without prior notice.
The user of the KOLIBREE’s Services agrees to not to engage in any of the following prohibited actions using unauthorized access to the Services, modifying KOLIBREE provided Products and the Service in any way shape or form, use modified versions, and or access it illegally, using the Services for the purpose of infringing third party rights, using the Service contrary to any current, relevant and applicable regulations, manipulating the Services for the purpose of discovering source code of the application, or doing reverse-engineering, decompiling, disassembling the Services, actions that may, in the company’s judgment, cause an unreasonable or disproportionate increase in the load on our infrastructure, tampering with the Service to cause interruptions and degradation in performance and damage its functions and interfering with the proper functions of the Services.
Users acknowledge and agree that Services are delivered in full working order regarding their availability. KOLIBREE makes no warranties as to the duration, removal, or requirement to register the communication of a user; KOLIBREE does not guarantee that Services will be uninterrupted, secure, or free from errors; The use of the Services is only at risk to the user, who will be responsible for any damage caused to his or her computer or for any loss of data resulting from downloading or consulting the contents of the service. Users agree to indemnify, protect, and hold harmless KOLIBREE and its subsidiaries, parent companies and affiliates, from and against any and all claims, actions, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, arising out of your breach or alleged breach of this agreement. By reading this TERMS, you agreed you read all details of our “Warranty and Returns Policy” at www.kolibree.com/warranty-returns.
KOLIBREE assumes no liability in the events that interruption occurs leading to the discontinue of the Services; devices used by the User for access is incompatible with the Service; in the event of indirect, special, incidental, exemplary or consequential damages originating out of or in connection with the site or its content, including but not limited to damages resulting from loss of data, profits, whether or not the company has been advised of possibility of such damages, or any other assumption of liability; costs incurred after the purchase of substitute goods or services which occur at the time of use of the Service; any direct or indirect damage incurred after declaration of a third party on the Service KOLIBREE reserve the right to indefinitely suspend or refuse user from accessing the Services in the case that the user does not comply with the TERMS, or for any other reason. Also, the site aside from KOLIBREE Products and the Services may also provide information on oral hygiene, oral care, and well-being, in the form of its Coaching Programs, and other information available through its Products and Services. In this case, the information from its products, sites and services cannot provide a professional medical diagnosis of your oral hygiene, and overall health. The information provided in KOLIBREE literature (in Coaching Programs, mobile application content, and other online information) does not replace a consultation with a dentist, general physician, specialist, or other health professional. You cannot use the information available through KOLIBREE to arrive at a diagnosis or to determine the initiation or termination of medication, without first consulting a dentist or a doctor. You should acknowledge that the information available on the site is neither comprehensive nor exhaustive, and that the information does not address different symptoms, medicines, and treatments for various oral diseases. In addition, KOLIBREE does not absolutely guarantee any outcome as a result of the application of this information and service available online, particularly regarding cavities and gum diseases, also in health and wellbeing. Accordingly, you acknowledge that the responsibility of KOLIBREE cannot be questioned in terms of information and Services available on the site and you agree that the use of such information and Services is under your sole responsibility, control, and management.
Users agree not to resell and reuse the Services and KOLIBREE Products for commercial purposes. The user will not use the sites and KOLIBREE’ services for illegal purposes, including transmitting messages contrary to public order and morality; defamatory messages; elements that violate the privacy of third parties, and other information that could harm in any way the rights of www.kolibree.com and other users. The Site, Products and the Services and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, and other software (collectively “intellectual property”) are protected by copyright, trademark and other laws of international conventions and the laws of other countries, except if otherwise expressed and defined as owned by a third party. The intellectual property is owned and controlled by KOLIBREE or the party credited as the provider of intellectual property. You may not, and agree that you will not, copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of the intellectual property or the site itself, in whole or in part.
The User is responsible for information, messages and in general any content distributed via the community Services, such as the KOLIBREE forum or blog, or the information the user shares with the KOLIBREE registered user community via its online and mobile applications and services. Users accept that KOLIBREE may eliminate, in whole or in part, any content that it distributes through the interactive services if this content is likely to infringe current laws or regulations or public decency.
This Agreement represents the entire agreement governing KOLIBREE’ Product supply relationship with you. This Agreement incorporates KOLIBREE’ Privacy and Warranty policy, which are available here: www.kolibree.com/privacy-policy www.kolibree.com/warranty-returns. Any prior discussions and agreements between you and KOLIBREE and any general purchase conditions or other document issued by you relating to the purchase of KOLIBREE products will not apply, unless KOLIBREE expressly agrees otherwise in writing signed by an authorized representative of KOLIBREE. You may not assign or transfer this Agreement to any third party. APPLICABLE LAW AND JURISDICTION COMPLIANCE All disputes arising out of or relating to these TERMS, shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in Boston, Massachusetts, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the Commonwealth of Massachusetts without reference to principles of conflicts of laws. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. The Company does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Website or the Product shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Boston, Massachusetts, except that, following confirmation of an arbitration award in a state or federal court in Boston, Massachusetts, a judgment arising therefrom may be executed in any court of competent jurisdiction.
If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties. This Agreement shall not be modified, nor compliance with any provision waived, except in writing signed by both parties. KOLIBREE’ failure to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by KOLIBREE of any other provisions of prior, concurrent or subsequent default by KOLIBREE in the performance of or compliance with any of the TREMS set forth herein.
