These terms and conditions (“Terms”) apply to the provision by Mitt Wearables (company number 11026507) whose registered office is at C/O BCS, Windsor House, Station Court Station Road, Great Shelford, Cambridge, United Kingdom, CB22 5NE (“we”, “us” or “our”) of our Mitt Prosthetic arm (“Sleeve”) and its associated tools (“Tools”) to you. The Sleeve and its Tools are collectively referred to as the “Product” in these Terms.
These terms and conditions cover:
2 Sleeve and Tools
3 Delivery and Acceptance
4 Defects and Damage
5 Returning the products
8 Limitation of liability
9 Personal Data
"Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
"Agreement" means the contract between us and you for the provision of the Product in accordance with these Terms.
"Force Majeure Event" means an event or circumstance beyond a party's reasonable control.
"Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer Product, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
"Instructions" means any instructions for the use of the Product that are made available or given to you orally, in writing or visually (e.g. video clip) by us or on our behalf.
A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
Any phrase introduced by the terms including, in particular, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
A reference to writing or written includes faxes and emails.
2. Sleeve and Tools
The Sleeve and Tools are described on our website. You understand that the Sleeve and Tools are in the development phases and that we may need to amend their specification at any time. We may also add or remove any Tools from our available range.
A Tool may act as a holder only, in which case you will be responsible for supplying and attaching the appropriate implement (for example, a pen or paintbrush) to the Tool in accordance with our Instructions. Please do not attach implements to a holder that the holder is not designed to hold.
We may also provide a Tool with the implement attached (“Completed Tool”). Our kitchen Knife tool is an example of a Completed Tool. You must not attempt to deliberately disassemble a Completed Tool or attach your own implement to a Completed Tool.
We cannot be held responsible for any injury caused to you or others as a result of your misuse of the Sleeves or the Tools.
We will at all times retain ownership of the Product and you will be required to return the Product at our request and in accordance with clause 5.
3. Delivery and Acceptance
We shall deliver the Product to the location advised to us by you ("Delivery Location") at a time that has been agreed.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Product.
We advise that you inspect the Product on delivery to ensure that the correct Tools have been delivered and that no damage has occurred to the Sleeve and/or the Tools during transit. You must inform us of any problems as soon as possible after receipt of the Product.
4. Defects and Damage
You must not alter or repair the Product without our written consent.
You must inform us in the event that the Sleeve and/or the Tools are damaged in any way. We may ask you to complete a form to describe the circumstances in which the damage occurred. We will not hold you responsible for any damage caused unless such damage has been caused maliciously.
If you identify a defect with the Sleeve and/or Tools then please notify us of this during our feedback sessions or at any other time via email.
We may, at our discretion, provide you with a replacement Sleeve and/or Tools in the event that the Product you receive is defective and/or gets damaged.
You acknowledge and agree that the Product is a prototype only and is provided on an “as is” basis. We do not warrant that the Product will meet your requirements, will be fit for purpose or be without defects.
5. Returning the Products
We may at any time require you to return the Products to us.
We shall provide you with packaging and prepaid postage to enable you to return the Products by post. Please contact us if you require replacement packaging.
You alone are authorised to participate in the trial use of the Products for testing purposes. You may not loan the Products to any other person. You must additionally refrain from disclosing to any other person information disclosed to you by us for the purposes of testing the Products.
Please direct any third party who is interested in our Products to us, either via or via our website.
You agree that you are not employed by a competitor in the prosthetics industry and do not otherwise have a conflict of interest with us, and will not use the information about the Products testing or the Products themselves for any purpose other than performing this product testing for us.
We will ask you to provide feedback on the Product’s performance during feedback sessions (which may be via phone, skype, email or in person). You hereby agree to provide the appropriate feedback within the allocated timeframe. Your feedback will be in the form of responses to questions and can include photos or video. You hereby grant to us your permission to use your feedback for the purposes of subsequent product development and product promotion. By providing feedback, you represent to us that such feedback reflects your good-faith opinion of the Product.
You agree that any feedback you provide that results in enhancements or improvements to the Products (“Improvements”) shall be wholly owned by us and you shall have no rights in or to such Improvements.
8. Limitation of liability
Nothing in these Terms shall limit or exclude our liability for:
1 Death or personal injury caused by our negligence;
2 Fraud or fraudulent misrepresentation;
3 Breach of the terms implied by section 12 of the Sale of Products Act 1979;
4 Defective products under the Consumer Protection Act 1987; or
5 Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to subclauses 1-5 above:
We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
In no event will our total liability arising out of or in connection with these Terms or from the use of or inability to use the Product exceed the amounts you have paid to us for use of the Product or one hundred pounds (£100), if you have no payment obligations to us, as applicable.
9. Personal data
Assignment and other dealings Customer may not assign, subcontract, sublicense or otherwise transfer any of its rights or obligations under these Terms. PhoenixTM may assign, subcontract, sublicense or otherwise transfer all or part of the benefits or all or part of its obligations under these Terms to any party.
Force Majeure. Despite anything else contained in these Terms, neither party will be liable for any delay in performing its obligations under the Agreement if that delay is caused by a Force Majeure Event and the party affected will be entitled to a reasonable extension of time for the performance of its obligations.
Waiver. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
Variation. No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Notices. All notices to be given under these Terms must be in writing (which shall include email) and sent to the address of the recipient set out in this agreement, or any other address which the recipient may tell the other in writing.
Governing Law. The construction, validity and performance of the Agreement shall be governed in all respects by English law, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
phew... that was a lot