The terms that govern your access to and use of the Headovations website. Please read them carefully.
These Terms of Use, together with our Privacy Policy, govern your use of the Headovations Ltd. website. By accessing or using the Website, you agree to be bound by them.
Welcome to the Headovations website, available at www.headovations.com (the “Website”). The Website is owned and operated by Headovations Ltd. (the “Company”, or “we”, “us”, “our”).
Headovations is on a mission to improve comfort, independence, and quality of life for its users in every setting — at home, in transit, and in care environments. We develop innovative dynamic head and neck support solutions. Our product line includes commercial solutions, including the NapUp™ which is intended for everyday travel use, as well as clinical solutions created for children and adults with complex physical needs (the “Products”). The Website provides information about us and our Products, and allows you to contact us in relation to them.
Please carefully read the following Terms of Use, and our Privacy Policy which forms an integral part of them (collectively, the “Terms”). By accessing or using the Website, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Website in any way.
These Terms may be amended from time to time. We will post any change to these Terms on our Website a reasonable time in advance of their effective date, and we will also make reasonable efforts to proactively notify you of the changes if we have your email address.
If you have any questions, comments or concerns regarding the Website or these Terms, please contact us through our online contact form or email us at [email protected].
General. Subject to these Terms, you may access and browse the Website free of charge, for your personal or business purposes. Use of the Website does not require prior registration.
The Website is not intended for users under the age of 18. We do not knowingly permit minors under the age of 18 to use the Website.
Nothing on this Website, including any Product materials, or in any communication from the Company, is intended to constitute medical advice or to replace consultation with a qualified healthcare professional.
Restrictions. When using the Website, you must comply with these Terms and all applicable laws. You must refrain from:
We may employ technological measures to detect and prevent fraudulent or abusive use of the Website. We may block your access to and use of the Website, without prior notice, if we, in our sole discretion, believe that you have misused the Website or breached these Terms.
The Products are intended solely as supportive assistive devices to help promote head positioning, comfort and stability in accordance with their instructions for use. The Products do not provide medical treatment, diagnosis or cure, and are not a substitute for professional medical advice, evaluation, diagnosis, monitoring or treatment by a qualified professional. If you use any of our clinical solutions, we encourage you to first consult with a relevant healthcare professional.
The Company does not represent or warrant that any Product will prevent injury, eliminate medical risks, or be suitable for every user or circumstance. Individual results may vary.
Products are not sold directly through the Website, but rather through authorized platforms, resellers or distributors (each, an “Authorized Seller”). The terms, conditions, return policies and other purchase-related provisions of the applicable Authorized Seller will govern your purchase transaction. All transaction cancellations, Product returns and refunds shall be handled directly by the Authorized Seller, and not by us. Note that clinical Products may not be returned, exchanged or canceled after delivery, due to the nature of such Products and for reasons of safety, hygiene and user protection.
Nothing in this section is intended to limit any non-waivable consumer rights or remedies to which a customer may be entitled under applicable law.
The Company warrants each Product you purchase from an Authorized Seller against technical malfunctions, technical defects and technical failures (but excluding any physical damage to the Product caused due to reasonable use), for a period of twelve (12) months from the date of the original retail purchase, as shown on the applicable proof of purchase (the “Warranty Period”). Note that this Product warranty is a limited manufacturer's warranty only and does not create any right of return, refund or exchange except as expressly stated herein.
During the Warranty Period, if a technical malfunction, defect or failure occurs in a purchased Product, then the Company will, at your choice (but subject to feasibility and availability):
If repair or replacement is not commercially reasonable, the Company may provide a refund or another remedy, in its sole discretion and subject to applicable law.
If a Product has been replaced as described above, the substitute Product will be covered by the Product warranty set out in this section, for the remainder of the original Warranty Period. No further Product warranty shall apply to Products repaired by you.
To obtain Product Warranty service, you must contact the Company and follow the warranty claim instructions then in effect. You may be required to provide proof of purchase from an Authorized Seller and any additional information that the Company may reasonably request. The Company will provide return instructions where applicable.
The Product warranty does not apply in any of the following circumstances:
THE PRODUCT WARRANTY AND REMEDIES SET FORTH IN THIS SECTION CONSTITUTE THE EXCLUSIVE WARRANTIES PROVIDED BY THE COMPANY TO YOU WITH RESPECT TO THE PRODUCTS, AND THEY COME IN LIEU OF ALL OTHER PRODUCT-RELATED WARRANTIES, REMEDIES AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY THE COMPANY, ITS EMPLOYEES OR REPRESENTATIVES. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES REGARDING THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT THE COMPANY CANNOT, AS A MATTER OF LAW, LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS PRODUCT WARRANTY, ALL SUCH IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS PRODUCT WARRANTY.
If your jurisdiction does not allow certain limitations on implied warranties or the exclusion of certain remedies, some of the above limitations may not apply to you.
All rights, title, and interest in and to the Website and the Products, including all content therein or related thereto, and all patents, copyrights, trademarks, trade secrets, and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the Website, are the exclusive property of the Company or our licensors. This includes our databases and the design, graphics, computer code, algorithms, and “look and feel” of the Website (collectively, “Proprietary Content”).
You may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the Proprietary Content or any part thereof, in any way or by any means.
You may not use any name, mark, logo or domain name that is similar to our marks, logos and domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
We respect your privacy. To better understand how we collect and use your information when you use the Website, please read our Privacy Policy.
THE WEBSITE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND ITS CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY DAMAGE, LOSS, OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACT, OR UNDER ANY OTHER FORM OR THEORY OF LIABILITY) IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY IN THE 3 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE, LOSS, OR CAUSES OF ACTION. NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY UNDER LAW RESULTING FROM OUR WILLFUL MISCONDUCT, FRAUD, BODILY INJURY, OR OTHER HARM CAUSED BY UNSAFE PRODUCTS.
Nothing in these Terms shall limit any consumer rights applicable to you, where applicable. Your statutory rights as a consumer cannot be limited or waived by these Terms.
To the extent permitted by the laws applicable to you, you agree to indemnify and hold the Company and our Staff harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney's fees and legal expenses) in connection with your breach of these Terms, your use of the Website and/or the Products, or your violation of any right of a third party in connection with the Website.
The Website may contain links to third-party websites. We do not operate or monitor these websites or their content. By linking to a certain webpage, we do not endorse or sponsor its operator or its content, or confirm the content's accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no liability for such third-party websites, their content, or their availability and reliability. Use of third-party websites is subject to their own terms of use and privacy policies, and not to our Terms or Privacy Policy.
We may, from time to time and in our sole discretion, change our Website, including its design, layout or features, or discontinue the Website altogether. Such changes may be required to improve the Website, reflect changes to our agreements with third parties and our service providers, comply with legal, regulatory, security or operability issues, or prevent abuse of our Website and enforce these Terms.
Changes of this type may, by their nature, result in glitches or cause inconvenience of some kind. Although we make efforts to have the Website available and operate without errors, the availability, quality, and functionality of the Website depend on various factors, which are beyond our control. These factors are not fault-free, and we do not warrant that the Website will operate without disruption, errors, or interruptions, or that it will be accessible, or available at all times or immune from errors, glitches, or unauthorized access.
In addition to any remedies that may be available to us under applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your order or your use of the Website, if we have reason to believe that —
Governing law and jurisdiction. These Terms and your use of the Website will be exclusively governed by and construed in accordance with the laws of Israel. Any dispute, controversy or claim arising out of or in connection with these Terms or the Website, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts in the Tel-Aviv District.
Relationship. These Terms do not create any agency, partnership, employment, trustee, or other types of legal relationship between you and us, other than that of two independent contractual parties.
Completeness. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements regarding the Website.
Assignment. You may not assign or delegate these Terms or any of your rights, duties, or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a change in the Company's organizational structure, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, duties, liabilities, and obligations hereunder, to a third party. Upon such assignment, transfer, and delegation, we will be irrevocably and fully released from all duties, liabilities, and obligations under these Terms.
Questions about these Terms? Contact us at [email protected] or via our contact form.