Please read these terms of service carefully. By completing a purchase on this website, or by participating in the Cama Cooler Test Program, you agree that these terms of service are enforceable like any written contract signed by you.
SleepWell Solutions Inc
2197 Douglas Ave. North Battleford SK, S9A 3P2, Canada
PRIVACY & DATA COLLECTION
CHARGES & BILLING
We reserve the right to change our prices, fees, or billing methods at any time.
The following terms and conditions will apply to any physical merchandise you purchase from us or via the Website. We have the right at any time, prior to our acceptance of your order, to withdraw any discount and/or to revise the prices set out on our Website to take into account increases in the costs of manufacturing, handling or shipping the Merchandise available or any increase or imposition of any tax, duty or other levy and/or any variation in exchange rates. Any prices referred to are subject to change, do not constitute an offer and may be withdrawn or revised by us at any time prior to our express acceptance of your order. We reserve the right to notify you of any mistakes in any Merchandise descriptions or errors in pricing prior to dispatching the Merchandise you have ordered to you. In such event if you instruct us to proceed with the delivery of such Merchandise, you acknowledge that such Merchandise will be provided in accordance with such revised description or price.
When you place an order for Merchandise on our Website we will send you an order confirmation email. Our acceptance of your order does not take place until dispatch of the Merchandise you have ordered, at which point we will have agreed to enter into a contract with you for the purchase of the Merchandise you have ordered and you will be charged for the purchase price of such Merchandise.
Once you have received your order confirmation email you will not be able to make any changes to your order so please make sure that everything is correct before completing your end of the transaction.
We will use our reasonable endeavours to ensure that the Merchandise is delivered to the delivery address stated in your order without undue delay, and in any event, within 30 (thirty) days from the date on which you have received your order confirmation email. You hereby acknowledge and agree that: (a) Merchandise is shipped to you from the nearest facility available to Cama Cooler, which may, however, be outside your country or economic region; and (b) you are solely responsible for any and all applicable import duties, customs fees and taxes that are: (i) payable on the Merchandise you have ordered; and (ii) set out on your order.
If you cancel your order, we will without undue delay, and in any event within 14 from the date on which we receive notice of your decision to cancel your order, fully refund to you the purchase price of the Merchandise you have ordered. We will refund you using the same means of payment as you used to make your order. However, if you have received your Merchandise and wish to cancel, you must return your Merchandise to us without undue delay, and in any event within 14 days from the date received [see return policy]. You shall be responsible for the costs of returning your Merchandise to us. You may also be liable for any diminished value of the Merchandise which has resulted from your handling of the Merchandise (other than that which has arisen as a result of any handling of the Merchandise that was necessary to establish the nature, characteristics and functionality of the Merchandise)
You may make payments to Cama Cooler by using the methods available for the particular Cama Cooler and agreeing to the terms and conditions applicable to the payment method you choose. Payment methods may vary by Cama Cooler. When you provide credit card or other payment information to Cama Cooler, you represent to Cama Cooler that you are the authorized user of the credit card or other payment method.
You must provide current, complete, and accurate information for your billing account. Cama Cooler does not receive any confidential payment data from its payment providers, and Cama Cooler is not responsible for their performance. You must promptly update all information with the relevant payment provider to keep your billing account current, complete, and accurate (such as a change in billing address or credit card expiration date etc.). Any separate charges or obligations that you incur in your dealings with the third party payment providers are your responsibility. Cama Cooler reserves the right to change such payment providers at any time.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account under your authorization, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
You acknowledge that pursuant to applicable finance, banking, and currency control regulations, any refunds may only be made to the same payment method (credit card, Paypal or bank account), from which the payment was received, and may in no event exceed the amount of the payment received by Cama Cooler. You hereby acknowledge and accept electronic invoicing. Electronic invoices will be delivered to you through the email address you indicate in your Account.
“Cama Cooler Content” includes (1) software, software updates or patches, or other utilities and tools from Cama Cooler and (2) other text and audio visual material, the design and appearance, the Website or other Cama Cooler Services. The foregoing includes, without limitation, computer code, titles, objects, artifacts, characters, character names, artwork, graphics, designs, animations, sounds, and recordings, audio-visual effects, and methods of operation.
INTELLECTUAL PROPERTY RIGHTS:
Cama Cooler Content is owned by SleepWell Solutions Inc. and is protected by English, US and international copyright, patents, and trademark laws, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Cama Cooler Content unless expressly authorized by us in writing or the Cama Cooler Terms.
You agree not to remove, obscure, or alter any copyright, patents, trademark, or other proprietary rights notices affixed to any Cama Cooler Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Cama Cooler Content. Cama Cooler reserves all rights in Cama Cooler Content that are not expressly granted to you in these Terms of Service. You acknowledge that Cama Cooler remain the owner of all of the Cama Cooler Content, and that you do not acquire any of those ownership rights by downloading any of the Cama Cooler Content. Cama Cooler Content owners may take criminal or civil action against you for unauthorized use of their intellectual property.
SOFTWARE, UTILITIES AND TOOLS
Cama Cooler grants to use the Cama Cooler Software solely for the purpose stated by Cama Cooler at the time the Cama Cooler Software is made available to you. You understand that Cama Cooler’s introduction of various technologies may not be consistent across all platforms and that the performance of Cama Cooler Software may vary depending on your computer and other equipment.
From time to time, Cama Cooler may provide you with updates or modifications to the Cama Cooler Software. You understand that certain updates and modifications may be required in order to continue the use the Cama Cooler Software and or units.
SPECIAL TERMS: PRE-RELEASE TESTING
In its sole discretion, Cama Cooler may contact you to review and evaluate the Cama Cooler unit or online features as part of, or prior to a wider Alpha test, Beta test, or commercial release thereof for the purpose of identifying program errors. You will be asked to provide to Cama Cooler certain feedback and suggestions regarding your experiences while using and evaluating the Pre-Release unit. This process is referred to herein as a “Pre-Release Test.” Your participation as a Tester is subject to the Confidentiality Agreement, in addition to the following terms and conditions which apply to all Pre-Release Tests.
In connection with the Pre-Release Test, Cama Cooler may provide you, on a temporary basis, Pre-Release unit, as well as confidential and proprietary information (collectively, “Pre-Release Materials”). You understand and agree that the Pre-Release Materials are confidential or proprietary information of Cama Cooler. You agree as a condition of participating in a Pre-Release Test to (i) safeguard the Pre-Release Materials and (ii) if applicable, fully comply with the terms and conditions of the Confidentiality Agreement.
Upon request, you agree to immediately return to Cama Cooler all Pre-Release Material which Cama Cooler provided to you.
THE PRE-RELEASE UNITS ARE PROVIDED FOR TESTING ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY TO YOU OF ANY KIND, EXPRESS OR IMPLIED UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
When using the Pre-Release unit, you may accumulate virtual data that may be reset at any time during the testing process, and it may be reset when the particular Pre-Release unit completes a testing phase.
By accepting a Pre-Release unit, you agree that: (i) using Pre-Release unit is at your own risk and you know that the Pre-Release unit may include known or unknown bugs, (ii) any virtual data that you created through using the unit may be erased at any time, (iii) Cama Cooler has no obligation to make these Pre-Release units available for use for any period of time, nor to make them available at all, (iv) you may need to pay a fee in order to access these Pre-Release units once the Pre-Release Test process is complete or at any time in the future; (v) these Terms of Service apply to your use of the Pre-Release unit during the Pre-Release Test
LIMITATIONS ON WARRANTY AND LIABILITY
NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES OUR LIABILITY FOR ANYTHING THAT CANNOT BE EXCLUDED BY APPLICABLE LAW. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE CAMA COOLER UNIT, THE WEBSITE, OR ANY OF THE OTHER CAMA COOLER SERVICES, THE CAMA COOLER SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. CAMA COOLER SERVICES, CAMA COOLER SOFTWARE, CAMA COOLER PRODUCTS AND THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW IN WHICH CASE SUCH WARRANTIES SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CAMA COOLER PROVIDES THE CAMA COOLER SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE CAMA COOLER SERVICES (OR ANY PART THEREOF) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CAMA COOLER WILL HAVE ADEQUATE CAPACITY FOR THE CAMA COOLER SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. USE OF THE CAMA COOLER SERVICES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES AVAILABLE VIA THE CAMA COOLER SERVICES, IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CAMA COOLER, IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY OF THE CAMA COOLER SERVICES OR USE OF THE CAMA COOLER SOFTWARE OR UNITS. IN NO CASE SHALL CAMA COOLER, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY WITH CAMA COOLER) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CAMA COOLER FOR THE CAMA COOLER UNITS OR SERVICES. SAVE AS SET OUT IN THESE TERMS OF SERVICE, NONE OF THE CAMA COOLER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT, GENERAL, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF OR, ARISING FROM YOUR USE OF THE CAMA COOLER UNITS OR SERVICES, THE CAMA COOLER UNITS AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF ANY OF THE CAMA COOLER UNITS OR SERVICES OR YOUR ACCOUNT. 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, THE CAMA COOLER AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. CAMA COOLER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE CAMA COOLER SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF ANY SUCH PRODUCTS OR SERVICES
Upon Cama Cooler’s request, you agree to defend, indemnify and hold harmless each of the Cama Cooler Affiliates and Cama Cooler’s vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service, or any other Cama Cooler Terms, for which you are responsible or in connection with your communication and activity on the use of Cama Cooler units or Services, including, without limitation. Without limiting the generality of the foregoing, you agree to indemnify and hold Cama Cooler harmless for any improper or illegal use of your Cama Cooler unit, including the illegal or improper use of your Cama Cooler unit by someone to whom you have given permission to use your Cama Cooler unit.
UPDATES: POSSIBLE SETBACKS
CAMA COOLER MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO AND USAGE OF THE CAMA COOLER UNITS AND OR SERVICES. CAMA COOLER RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES PROVIDED.
TERMINATION OF CAMA COOLER SERVICES
Cama Cooler may immediately suspend or terminate after notifying you of your breach of these Terms of Service, or any illegal or improper use of or your illegal or improper use of the Cama Cooler Services, products, or Cama Cooler’s Content. If terminated for your breach, no refund will be granted; other credits will be credited to you or converted to cash or other form of reimbursement.
In addition, Cama Cooler reserves the right to terminate for its reasonable business interests and in such case Cama Cooler will issue a refund if Cama Cooler at their discretion deems it as a viable option.