Terms & Privacy

 

terms of service

  • welcome to woojer 
    1. Woojer USA, Inc. and Woojer Ltd. (including our affiliates and subsidiaries, "woojer," "we," "us" or "our") is a pioneer in the field of haptic technology.  Our products, including Vest™ , Strap™, and others to be released from time to time (collectively, the “Products”) are for use in conjunction with games, music, and other audio sources deliver high fidelity tactile sensations that reproduce the rich emotion of sound, allowing You to “feel” the sound. 
    2. Through our website managed domains (including, but not limited to, www.woojer.com) and websites, mobile apps, domain names, or any other linked pages, features, content, or application services offered from time to time by woojer in connection therewith (collectively, the “Site”), we are pleased to provide You access to purchase Products, and use software, websites, mobile apps, applications, and related content (collectively, the "Services").

    1. By using or visiting the Site and using the Services, you (“You” “Your,” or “User”) accept and agree to (1) these terms and conditions (the "Terms"); (2) the woojer refund and return policy found at www.woojer.com/pages/return-policy (the “Refund Policy”); and (3) the woojer Privacy Policy found at www.woojer.com/pages/terms-privacy (the “Privacy Policy”), which is incorporated herein by reference.  These Terms apply to all Users of the Services.  

    1. These Terms may be modified, amended, and revised from time to time with or without notice to You.  By continued use of the Services, You agree to be bound by such modified, amended, and revised Terms.  

    1. You acknowledge that You are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, subject to Section 1(H) below.  However, even if You are not competent to enter into a legal agreement, if You knowingly accept and enjoy the benefits of the Services, then You will be deemed bound to the undertakings in the Terms.   

    1. You further acknowledge and affirm that You are over the age of 13, as the Products and Services are not intended for children under 13. If You are under 13 years of age, then You may not use the Services and should immediately stop any use of the Products and Services. 

  • using woojer services and software

    1. To access and use certain features of the Services, You may be required to register for an account. By creating an account, You agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of Your password; and (iii) not share Your password with any other person.

    1. Certain software, including firmware embedded in the Products, may be required to access and use the Products and Services (the “Software”). woojer may need to automatically update some of the Software in the Products and Services or provide You with new software to keep the Services functioning properly, in the form of bug fixes, patches, enhanced features, missing plug-ins and new versions.  By using the Services, You agree to such automatic updating. If You do not maintain the current versions of the Software, the Products may not function properly or optimally.

    1. We hereby grant You a limited, nonexclusive, non-sublicensable license to access, install, and use the Software solely for personal and noncommercial purposes, conditioned on Your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software, except as expressly permitted by woojer or as permitted under applicable law. 

    1. Any unauthorized use of the Product or Services is strictly prohibited and will cause the immediate termination of the license granted in these Terms.  

    1. Our Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We provide access to Third Party Links as a convenience and we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties.  The websites available through Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.

  • ordering products and services from woojer

    1. This section address purchases of Products and Services through our Site. You may only purchase Products and Services for personal, non-commercial use.  You may not resell, distribute, or supply Products or Services to third parties without express written authorization from woojer.  Prices are subject to change without notice in woojer’s sole discretion. Please be aware that actual Products may differ slightly in appearance from images shown on the Site.

    1. To place an order for the purchase of Products or Services (an “Order”), kindly follow the instructions on the Site.   Once we receive Your Order, we will process it accordingly, and if acceptable to us, we will send You an Order acceptance ("Order Acceptance") by confirmation email.  The contract between us in relation to purchase of Products or Services is formed upon delivery of the Order Acceptance.

    1. We will not process payment for Your Product purchases until Order Acceptance.

    1. Our Order Acceptance may contain the estimated shipping date of the Products in Your Order.  Any shipping dates or times provided are estimates only and are subject to change.  The risk of loss in physical goods You purchase and the responsibility to insure the goods passes to You upon delivery of the goods to the carrier.

  • pre-ordering new products and services

    1. Prior to the general commercial distribution of a new Product or Service (collectively, a “New Release”), woojer may offer limited advance ordering for such New Releases through pre-ordering (a “Pre-Order”).  Due to uncertainties regarding timing and volume limits on New Releases, placing a Pre-Order does not guarantee delivery, nor that such Products or Services will be available.  

    1. Except in the case of preordered items, woojer will not charge Your credit card, nor process any payment from You until such New Releases are available and ready for shipment, at which time we will send You a written Order Acceptance. For preordered items, woojer will charge Your credit card and process such payment in accordance with the terms and conditions of the specific preorder campaign.

    1. You understand that at any time prior to Order Acceptance, we may decline or reject Your Pre-Order in woojer’s sole discretion without further obligation or liability.  

    1. order and pre-order cancellations 

    1. You may cancel Your Order or Pre-Order of Products at any time prior to Order Acceptance without charge.  

    1. paying for woojer products and services

    1. We may accept various forms of payment, in addition to credit and debit cards. By submitting an Order or Pre-Order, You authorize us to charge Your preferred payment provider in the authorized amounts. 

    1. woojer may utilize an agent, subsidiary, or affiliate to process payment and shipping. In the event that Your selected payment method is either invalid or has insufficient funds available, we have the right to suspend or cancel Your Order or Pre-Order.

  • product returns

    1. Should You be dissatisfied with our Products, the original retail purchaser of the Product may return all Products purchased in the original transaction, in their original condition, with the original receipt and packaging, to the original retail purchaser, and woojer will exchange it or provide a full refund of the original purchase price.  All customer Product returns shall be handled by woojer in accordance with the Refund Policy.  

     

    1. woojer can only refund orders placed directly through our website, www.woojer.com. If You purchased woojer Products through another party (such as Amazon.com) please contact the retailer for refund instructions.

    1. Once You have submitted Your refund request You will be contacted by the woojer Product support team with instructions on how to return Your Products. Upon receipt, we will verify that all of the Products in Your original order are included with the return and that the Products are in good physical condition. Once the refund has been processed a confirmation message will be sent to You with information on when You should expect the refund. You will be responsible for all costs of shipping and related costs, unless otherwise agreed by woojer. 

    1. If You request a refund for Products purchased directly from Woojer from a third party payment processor, such as PayPal or Your credit card company, You do not have the right to retain the Products after receiving such refund, and You are legally required to return the refunded Products to woojer within thirty (30) days of any such third party refund.  

    1. In the event of a conflict between these Terms and the Refund Policy regarding the return of Products, the Refund Policy shall take precedence and prevail. 

     

  • prohibited conduct and activities
  •  

    1. You agree that You will not: 

    (i) access or use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Services, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; 


    (ii) damage, disable, or impair the functionality of the Services in any manner; 


    (iii) access or use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, or any other terms or policies provided in connection with the Services; 


    (iv) use or attempt to use another user's account without authorization from such user; (e) modify, adapt, hack or emulate the Services; 


    (v) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Services or to extract data; 


    (vi) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services, or third parties; and 


    (vii) infringe upon or violate the rights of woojer, our users or any third party.


  • user content license

    1. Our Services may include interactive features and areas where You may submit, post, upload, publish, email, send or otherwise transmit content, including, but not limited to, text, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, "User Content ").  Unless otherwise agreed to, we do not claim any ownership rights in or to Your User Content.  However, by submitting User Content  through the Services, You grant woojer a worldwide, irrevocable, perpetual non-exclusive, transferable, royalty-free and fully sublicensable right to use, copy, display, store, adapt, publicly perform and distribute such User Content  in connection with the Services. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in Your User Content.

    1. You are solely responsible for the User Content  You make available through the Services and You represent and warrant that (a) You either are the sole and exclusive rights owner of all User Content  that You provide, or You have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to woojer the rights specified in this section; (b) the provision of Your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (c) Your User Content  does not violate our community standards.

    1. woojer does not endorse the opinions, views, advice, or recommendations posted or sent by Users.  woojer has no responsibility or liability for User Content  made available through the Services, and we have no obligation to screen, edit or monitor such User Content. However, we reserve the right, and have absolute discretion, to monitor, remove, screen or block Users or User Content  at any time due to violations of these Terms.   

    1. For marketing and promotional purposes, you may submit videos or photographs of Your use of the Products to woojer.  Similarly, woojer may ask you to try out the Products and record live video or still photographs of your reactions, expressions, and insights related to such usage.  You hereby grant woojer a royalty-free license to use your user name, image, voice, and likeness, and any such videos and photographs. You further grant woojer a royalty-free license to cut, crop, edit, or otherwise modify such videos or photographs in woojer’s sole and exclusive discretion.

    1. You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about woojer and our Services (collectively, "Feedback"). You agree that woojer shall be able to use the Feedback in any way it may choose without any obligation to You.  

  • warnings

    1. Similar to speakers, headphones, and other amplification devices, the Products rely on signals from computers, smartphones, televisions, and other third party sources (the “Sources”) to express their functionality.  You should only connect the Products to Sources that are compatible with the Products.  Carefully follow all instructions for connecting any Sources to the Products.  

    1. woojer is not responsible for damage to any Products due to Your connecting products or equipment that are incompatible with the Products.

    1. The Products rely upon rechargeable batteries to deliver the unique woojer experience to You.   To ensure that You enjoy the optimal woojer experience, the batteries in the Products must be adequately charged prior to use.

    1. woojer Products should never be submerged in water and should only be used in a dry environment.  Exposure to water and other liquids may damage the Products.
    2. woojer Products should never be disassembled or otherwise taken apart or modified, or used to build any other products, equipment, or devices.

    1. woojer Products contain lithium-ion batteries.   Lithium-ion batteries (each, a “Battery”) may get hot, explode or ignite and cause serious injury.  Please follow these safety warnings: 

     

    • Do not pierce the Battery with nails, strike the Battery with a hammer, step on the Battery or otherwise subject it to strong impacts or shocks.

    • Do not expose Battery to water or salt water, or allow the Battery to get wet.

     

    • Remember to turn off the power on the woojer Products when not in use

    • Do not place the Battery in or near fire, on stoves or other high temperature locations.  

    • Do not place the Battery in direct sunlight, or use or store the Battery inside cars in hot weather.  Doing so may cause the Battery to generate heat, explode or ignite.  Using the Battery in this manner may also result in a loss of performance and a shortened life expectancy.

     

    • Do not disassemble or modify the Battery.  The Battery contains safety and protection devices, which, if damaged, may cause the Battery to generate heat, explode or ignite.

     

    • Do not charge the Battery unattended.

     

    • Immediately discontinue use of the Battery if, while using, charging or storing the Battery, the Battery emits an unusual smell, feels hot, changes color or shape, or appears abnormal in any other way.  

     

    • Do not place the Battery in a microwave oven, high-pressure container, or on induction cookware.

     

    • In the event the Battery leaks and the fluid gets into one’s eye, do not rub the eye.  Rinse well with water and immediately seek medical care.  If left untreated, the Battery fluid could cause damage to the eye.
  • HEALTH AND SAFETY WARNINGS

    1. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE USING THE PRODUCTS IF ANY OF THE FOLLOWING APPLY TO YOU, OR IF YOU HAVE OTHER CONCERNS ABOUT YOUR HEALTH: 

    • CHEST PAIN OR PAIN IN THE NECK AND/OR ARM;
    • SHORTNESS OF BREATH;
    • A PACE MAKER OR OTHER MECHANICAL OR ELECTRONIC DEVICE HAS BEEN SURGICALLY IMPLANTED, OR OTHERWISE ATTACHED TO YOU, TO SUPPORT YOUR BODILY FUNCTION;
    • HEART CONDITION;
    • PREGNANCY
    • USE OF DEFIBRILLATORS;
    • IF YOU ARE TAKING ANY MEDICATIONS, ESPECIALLY CARDIAC AND/OR BLOOD PRESSURE MEDICATIONS.

    1. WE MAY UPDATE OR REVISE THESE WARNINGS FROM TIME TO TIME WITHOUT NOTICE.  ADDITIONAL HEALTH AND SAFETY WARNINGS MAY BE PROVIDED BY THIRD PARTIES IN RELATION TO THEIR THIRD PARTY CONTENT.  

  • intellectual property rights

    1. The Products and Services, including the trade secrets, know-how, and other intellectual property subsisting therein, are the property of woojer and are protected by copyright, trademark, patent, trade secret, and other laws of the United States and foreign countries. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Product and Services.

    1. woojer®, woojer edge®, vest™, strap™, vest edge™, strap edge™, All the Feels™, #Allthefeels™, Born to Feel™, Ready. Play. Feel.™, and the woojer logo ("woojer Marks") are trademarks or registered trademarks of woojer.  The woojer Marks and those of its affiliates may not be copied, imitated or used, in whole or in part, without prior written permission.  All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners and may not be used without permission of the applicable trademark holder.  

    1. Confidential Informationmeans woojer confidential and proprietary information, technical data, or know-how, including woojer’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, pricing information, procedures, business and marketing plans or strategies, financial information, and business opportunities, among other woojer property, including in written, oral, or machine readable form.

    1. You agree to treat all Confidential Information as confidential and not to use or disclose such Confidential Information without woojer’s express advance written permission

  • Digital Millennium Copyright Act (DMCA) takedowns

    1. Notification.  If You are a copyright owner and believe that any content hosted on the Site infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our specially designated DMCA copyright agent (the “Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

     

    (i) A physical or electronic signature of a person authorized to act on Your behalf; (ii) identification of all copyrighted works claimed to have been infringed; (iii) identification of the infringing material and information that will allow woojer to locate the infringing material; (iv) Your contact information so woojer can reach You (address, telephone number, and, email address); (v) a statement that You have a good faith belief that use of the material is unauthorized; and (vi) a statement that Your notification is accurate, and under penalty of perjury, that You are authorized to take the action described in Your notification.

     

    You may direct copyright infringement notifications to our Copyright Agent at email: copyrightagent@woojer.com.   If You do not carefully follow all of these instructions Your DMCA notification may not be valid.

     

    1. Counter-Notification. If You believe that Your content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your content, You may send a counter-notification to the Copyright Agent containing the following information: 

     

    (i) Your physical or electronic signature; (ii) identification of the content hosted on the Site that has been removed or to which access has been disabled and the location of the content hosted on the Site before it was removed or disabled; (iii) a statement that You have a good faith belief that the content hosted on the Site was removed or disabled as a result of mistake or a misidentification of the content hosted on the Site; and (iv) Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in New York, New York, and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

     

    If a counter-notification is received by the Copyright Agent, woojer may send a copy of the counter-notification to the original complaining party informing that person that the Copyright Agent may replace the removed content hosted on the Site or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content hosted on the Site, the removed content hosted on the Site may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at woojer's sole discretion.


    1. Repeat Infringers.  In the case of gross or repeat infringers, woojer will (i) remove or disable access to material made available on or through the Website or Service that woojer believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party; and (ii) remove any User Content  uploaded to the Service by “repeat infringers.” woojer considers a “repeat infringer” to be any User that has posted User Content  to or through the Website or Service and for whom woojer has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. However, woojer reserves the right to terminate the account of any User after receipt of a single notification of claimed infringement or upon woojer’s own determination, with no prior notice.

  • site and services disclaimers

    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WOOJER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

    1. WOOJER DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITE AND SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS; (B) THE OPERATION OF THE SITE AND SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED.  THE FOREGOING DISCLAIMER OF WARRANTIES IS SUBJECT TO APPLICABLE LAW. 

  • product warranty

    1. woojer warrants that the Products (including the Software) will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (the “Warranty Period”). If a defect in the Product arises within the Warranty Period, woojer will, at its sole option and subject to applicable laws either: (a) repair or replace it with a new or refurbished Product; or (b) refund the original purchase price upon return of the defective Product. This warranty does not apply to: (i) cosmetic damage, such as scratches; (ii) rips in textile elements or straps; (iii) consumable parts, such as batteries, unless Product damage has occurred due to a defect in materials or workmanship; (iv) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (v) damage caused by service performed by anyone who is not an authorized service provider of woojer; (vi) damage to a product that has been modified, disassembled, or altered without the written permission of woojer; (vii) damage caused where the instructions for use and activation of the Product are not followed or where the Product is damaged as a result of other causes beyond our reasonable control, including Your violation of any instructions or warnings in these Terms.

    1. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE ABOVE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE HEREBY DISCLAIMED.  

  • limitation of liability

  • WOOJER SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, SOFTWARE, SITE OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WOOJER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PURCHASE OF PRODUCTS OR SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.


    If You are a California resident, You hereby waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.


  • dispute resolution and governing law

  • For Users in the United States and Outside the European Economic Area (“EEA”) and the United Kingdom:  


    1. These Terms shall be governed by the internal substantive laws of the state of New York, U.S.A. without respect to its conflict of laws principles.  Any claim or dispute between You and woojer that arises in whole or in part from the Products, Software and Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York and You agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such claims.

    1. The Site and the Services shall be deemed solely based in New York, U.S.A. and shall be deemed a passive website that does not give rise to personal jurisdiction over woojer, either specific or general, in jurisdictions other than New York. 

    For Users in the EEA and the United Kingdom:  


    1. The Terms shall be governed by and interpreted in accordance with the laws of Ireland, without regard to conflict of law principles.

    1. You and woojer agree that any and all disputes will be brought in the competent courts located in the Republic of Ireland, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. You hereby consent to personal jurisdiction and venue in the courts located in the Republic of Ireland, and consent to service of process by email, text, or other manner of services that is reasonably calculated to provide You with actual notice of any legal proceedings. Woojer may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
  • modifications to the services

    1. woojer reserves the right to change, suspend, remove, discontinue or disable access to the Site and Services or particular portions thereof, at any time and without notice. In no event will woojer be liable for the removal of or disabling of access to any portion or feature of the Services.

    1. We reserve the right to terminate Your right to access and use the Services if You violate these Terms or any other terms or policies referenced herein.

  • miscellaneous

    1. These Terms and the Privacy Policies, together with any other legal notices published by woojer on the Services, shall constitute the entire agreement between You and woojer concerning the Services.  

    1. Any notices that we may be required to provide to You, may be delivered by any method reasonably calculated to provide You with actual notice of the matter described therein, including through email, or other accepted method of electronic or other communication.  You expressly agree to the receipt of such communications and notices in such manner.

    1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and woojer's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  

    1. The paragraph headings contained herein are for the purposes of reference only, are not intended to define, limit, or interpret the contents of any such paragraphs or the Terms, and shall have no legal effect, impact, or import whatsoever.  

    1. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by woojer without restriction.

    1. woojer is not Your employer and You are not our employee.   woojer is not entering into a fiduciary relationship with You.  You have no authority to enter into contracts, expend monies, or otherwise act on behalf of woojer.   Nothing in these Terms shall limit or prevent woojer from providing any services or entering into an business relationship with any other company or individual.

    1. YOU AND WOOJER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS, SOFTWARE, OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  YOU HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST WOOJER. 

    1. note to California residents 

    Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: If You have a question or complaint regarding the Site, please send an email to info@woojer.com.  You may also contact us by writing to Woojer USA, Inc. at 4290 Bells Ferry Road, Suite 134 #3034, Kennesaw, Georgia 30144, or by calling us at (917) 819-1613. California Users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their web site is located at: http://www.dca.ca.gov.





    #  #  #

    Last Updated: December 15, 2021

     

     

    woojer privacy policy 

    Woojer USA, Inc., and Woojer Ltd. (including our affiliates and subsidiaries, the "Company", "we", "us" or "woojer") know that you (“You,” “Your,” or “User”) care about how Your personal information is used and shared, and we take Your privacy seriously.  Please read the following to learn more about our privacy policy, which is incorporated to woojer’s Terms of Use.  

    By visiting the woojer managed domains (including, but not limited to, www.woojer.com) and websites, mobile apps, domain names, or any other linked pages, features, content, or application services offered from time to time by woojer in connection therewith (collectively, the "Site"), submitting information, or using any of our services, You acknowledge that You accept the practices and policies outlined in this privacy policy (the "Privacy Policy").

    what does this Privacy Policy cover?

    This Privacy Policy covers woojer's treatment of information that woojer gathers when You are accessing woojer's Site (the "Information").  This Privacy Policy does not apply to the practices of third parties that woojer does not own or control (such as third-party websites that You may access from the Site), or to individuals that woojer does not employ or manage.

    what Information does woojer collect?

    The Information we gather from Users enables woojer to improve our services and to allow our Users to set up accounts on the Site. 

    In some cases, how we treat and use information will depend on the type of information. Some of the information we collect through Your use of our Services or communications with us, such as Your name, address, phone number, e-mail address, or billing information associated with Your account may personally identify You. We describe this information as “Personally Identifiable Information.” We will also treat as Personally Identifiable Information any non-identifiable information that is combined with Personally Identifiable Information.

    Information You provide to us:

    We receive and store any Information You enter on our Site or provide to us in any other way. The types of Information collected includes Your full name, email address, mailing address, phone number, IP address, browser information, password, contact information, credit card or bank account information (which is also used by our third party credit card and payment vendors), transactional information based on Your activities on the Site, and media consumed on the Site including, but not limited to, media viewed, played, downloaded, uploaded, and shared.  You can choose not to provide us with certain information, but then You may not be able to take advantage of many of the Site’s special features.

    Information collected automatically:

    • We receive and store certain types of Information whenever You interact with our Site or services. woojer automatically receives and records Information on our server logs from Your browser including Your IP address, woojer cookie information, the page You requested, and the media You have consumed (e.g., viewed, played, downloaded, uploaded, and shared).
    • Generally, our service automatically collects usage Information, such as the numbers and frequency of visitors to our Site and its components, similar to TV ratings that indicate how many people watched a particular show. 
    • The Site may use customer experience analytics services. These services help us analyze how visitors use our Site. We do not collect through these services or transfer to such services any personal identifiable Information. We only use these services to record, on an anonymous basis, information such as mouse clicks, mouse movements, scrolling activity as well as non-Personally Identifiable Information text You type in this website. 

    what about cookies?

    • Cookies are alphanumeric identifiers that we transfer to Your computer's hard drive through Your browser to enable our systems to recognize Your browser and tell us how and when pages in our Site are visited and by how many people. woojer cookies do not collect Information, and except as necessary to investigate claims of fraud or other misconduct or as otherwise necessary to track purchases for purposes of calculating credit under affiliate programs, we do not combine the general information collected through cookies with other personal Information to tell us who You are or what Your screen name or email address is. 
    • Most browsers have an option for turning off the cookie feature, which will prevent Your browser from accepting new cookies, as well as allowing You to decide on acceptance of each new cookie in a variety of ways.  Cookies enable You to take advantage of some of our Site's most attractive features.
    • This Privacy Policy covers the use of cookies by woojer and does not cover the use of cookies by any advertisers or other third parties with whom woojer may work. woojer does not access or control such third party cookies; please refer to those companies' privacy policies.

    how does woojer use my Information?

    The Information You provide is used for purposes such as responding to Your requests for certain products and services, customizing the content You see, and communicating with You.

    woojer may use all of the Information that we collect from our Users to understand usage trends and consumer and customer preferences, to improve the way the Site works and looks, to improve our marketing and promotional efforts, and to create new features and functionalities.

    woojer may use automatically collected information and cookies information to: (a) remember Your Information so that You will not have to re-enter it during Your visit or the next time You visit the Site; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of our marketing campaigns; (d) provide You with newsletters and updates regarding new product launches or ways to improve Your user experience; (e) provide you with notifications regarding products in your on-line shopping cart or incomplete order placing; and (f) monitor aggregate usage metrics such as total number of visitors and pages viewed. 

    woojer may use Your email address or other Personally Identifiable Information provided by You for promotional and marketing purposes or to communicate with You with information about a specific program or feature You have elected to participate in or receive information about.

    will woojer share any of the Information it receives?

    We will not sell Your Personally Identifiable Information or share Your Personally Identifiable Information with third parties, except with:

    • our service providers and subcontractors to the extent reasonably necessary to enable us to operate and provide our Services to You;
    • a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personally Identifiable Information held by us about our Users is among the assets transferred;
    • You, upon Your written request;
    • other third parties with Your express consent.

    We may also disclose Your Personally Identifiable Information:

    • to comply with any court order, law or legal process, including to respond to any government or regulatory request;
    • to investigate potential unauthorized access or misuse of our Services or otherwise enforce our Terms, or other agreements;
    • to protect our assets or rights, including for billing and collection purposes;
    • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of woojer, our Users or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and
    • for any other purpose disclosed by us when You provide the information.

     

    is Information about me secure?


    Your woojer account Information is protected by a password for Your privacy and security. You need to protect unauthorized access to Your account and Information by selecting and protecting Your password appropriately and limiting access to Your computer and browser by signing off after You have finished accessing Your account.

    woojer attempts to ensure that User Information is kept private; however, woojer cannot guarantee or ensure the security of User Information. Not even the U.S. government appears capable of securing highly sensitive personal and national security information from unauthorized access, use, and exploitation. Unauthorized entry or use by third parties, hardware or software failure, and other factors may compromise the security of User Information at any time, including Your Information.

    how long do we keep Your Information?

    We keep Your personal information to enable Your continued use of woojer, for as long as it is required in order to fulfil the relevant purposes described in this Privacy Policy, as may be required by law such as for tax and accounting purposes, or as otherwise communicated to You. For example, we retain Your transaction history so that You can review past purchases (and repeat orders if desired) and what addresses You have shipped orders to, and to improve the relevancy of products and content we recommend.

    what Information can i access?

    woojer may allow You to access certain Information about You through the member dashboard and/or customer accounts, for the purpose of viewing, and in certain situations, updating that Information.

    what are my choices?

    You may have the opportunity to receive certain communications from us related to our Services. If You provide us with Your e-mail address in order to receive communications, You can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting Your e-mail preferences. Please note that certain e-mails may be necessary for the operation of our Services. You will continue to receive these e-mails, if appropriate, even if You unsubscribe from our optional communications.

    Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that You do not wish to be tracked across different websites You visit. Our Services do not currently change the way they operate based upon detection of a Do Not Track or similar signal.

    Please note that we cannot control how third-party websites or online services You visit through our Services respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.

    The accuracy of the information we have about You is very important. Users may update their information at any time on the account registration page. Otherwise, to review or correct Your Personally Identifiable Information, You may contact us at privacy@woojer.com.

    how do we secure Your Information?

    The security of Your information is important to woojer, and we have established reasonable administrative, technical, and physical safeguards designed to protect Personally Identifiable Information against loss, alteration, unauthorized access, theft, misuse or disclosure. We evaluate these safeguards on an ongoing basis to help minimize risks from new security threats as they become known. Unfortunately, no system can guarantee complete security of Your information. As a result, woojer cannot ensure or warrant the Your information, including Your Personally Identifiable Information, is secure from unauthorized third parties. Thus, Your use of the Services and communication with us about them is at Your own risk.

    You are responsible for protecting Your User credentials (username, ID, and password) and for the security of information that You transmit to us over the internet.

    changes to this Privacy Policy

    woojer may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of Your Information and will always be available at http://www.woojer.com/pages/terms-privacy.  You and all Users are bound by any changes to the Privacy Policy when You or they use the Site after such changes have been posted.

    Children

    Consistent with the federal Children's Online Privacy Protection Act of 1998 ("COPPA"), we will never knowingly collect Personally Identifiable Information from anyone under the age of thirteen (13) without requiring parental consent in accordance with COPPA.  

    note to international users

    This Privacy Policy is governed by New York law.  If You are a customer or client accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from New York laws, then please note that the collection of personal data under New York law is different from requirements in the EU and other regions.

    By providing Your personal data to woojer through the Site, You consent to:

    • the use of Your personal data for the uses identified above in accordance with the Privacy Policy; and
    • the transfer of Your personal data to third party credit card and payment providers as indicated above.

    note to users based in the European Economic Area (“EEA”) 

    Woojer Ltd.  (1 Shenkar Arie Street, 1st Floor, Herzliya, Israel 4672501) is the data controller for the personal data collected in connection with use of the Services in the EEA. The processing and transfer of Personally Identifiable Information of Users based in the EEA is governed by the General Data Protection Regulation (“GDPR”). As used in this section, “personal data” means any information relating to an identified or identifiable User, including p Personally Identifiable Information.

    data controller

    We are the data controller in connection with the Services. Our contact information can be found at the end of this Privacy Policy.

    transfer of personal data outside of the EEA

    We are based in the United States, as is our third party data processor, Shopify. If You are accessing the Services from the EEA or other regions with laws governing data collection and use, please note that Your Personally Identifiable Information will be transmitted to Shopify’s servers located in the United States as necessary to provide You with the Services, administer our agreement with You, or to respond to Your requests as described in this Privacy Policy. The United States has data protection laws that are different than the laws in effect in the country in which You are located. Where we transfer Your Personally Identifiable Information out of the EEA, we will take steps to ensure that Your Personally Identifiable Information receives an adequate level of protection and Your rights continue to be protected.

    lawful basis for processing personal data

    We process Your personal data on the following legal bases:

    • Your consent (which You may withdraw at any time);
    • To perform under a contract with You, like the Terms or any contract in connection with the provision of the Services; or
    • For our legitimate interests, such as to improve our Services.

    Your rights

    • You may request to access Your personal data at any time; to have Your personal data corrected, restricted, or erased; to object to our processing of Your personal data; and to request that we provide You with a portable copy of Your personal data. To exercise any of these rights, please use the contact information found at the bottom of this Privacy Policy.
    • In addition to the rights listed above, You have the right to lodge a complaint with Your local supervisory authority if You believe that our processing of Your personal data infringes the GDPR. To find the relevant supervisory authority, please refer to this list: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

    data protection officer

    You can contact our Data Protection Officer using the following contact information:
    privacy@woojer.com.

    European Union (“EU”) and United Kingdom representative

    We value Your privacy and Your rights as a data subject and have therefore appointed Prighter as our privacy representative and your point of contact.

    Prighter gives You an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If You want to contact us via our representative Prighter or make use of Your data subject rights, please visit the following website: https://prighter.com/q/19052319817

    note to California users

    If You are a California resident, the information below also applies to You.  Certain terms used in this section have the meanings given to them in the California Consumer Privacy Act (“CCPA”).

    categories of Personally Identifiable Information woojer has collected from or about its users in the preceding twelve (12) months:

    • Identifiers (e.g., name, mailing address, email address, phone number, credit/debit card number)
    • Characteristics of protected classifications (e.g., gender, age)
    • Commercial information (e.g., products or services purchased, purchase history)
    • Internet or other electronic network activity (e.g., browse or search history)
    • Geolocation data (e.g., latitude or longitude)
    • Audio, electronic, visual, or similar information (e.g., recording of User service calls)
    • Inferences drawn from any of the above (e.g., preferences or characteristics)

    categories of sources from which woojer has collected Personally Identifiable Information about users (for more information, see the “how does woojer use my Information?” section of the Privacy Policy): 

    • Consumer Directly
    • Advertising Networks
    • Data analytics providers
    • Government Entities
    • Social networks
    • Woojer subsidiaries

    business or commercial purposes for which woojer has collected or sold Personally Identifiable  about users in the preceding twelve (12) months (for more information, see the “how does woojer use my Information?” section of the Privacy Policy): 

    • Performing services, including: providing customer service, processing or fulfilling orders and transactions, providing notifications regarding incomplete orders, providing personalized advertisements, content, and information, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;
    • Auditing related to a current interaction with You and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
    • Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
    • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
    • Debugging to identify and repair errors that impair existing intended functionality;
    • Undertaking internal research for technological development and demonstration; and
    • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

    categories of Personally Identifiable Information sold: 

    • Internet or other electronic network activity (e.g., “cookies” or other tracking tags)

    categories of third parties to whom Personally Identifiable Information was sold: 

    • Advertising networks
    • Payment processors

     

    WOOJER DOES NOT KNOWINGLY SELL PERSONALLY IDENTIFIABLE INFORMATION OF MINORS UNDER THE AGE OF 16.

     

    categories of Personally Identifiable Information woojer has disclosed for a business purpose: 

    • Identifiers (e.g., name, mailing address, email address, phone number, credit/debit card number)
    • Characteristics of protected classifications (e.g., gender, age)
    • Commercial information (e.g., products or services purchased, purchase history)
    • Internet or other electronic network activity (e.g., browse or search history)
    • Geolocation data (e.g., latitude or longitude)
    • Audio, electronic, visual, or similar information (e.g., recording of User service calls
    • Inferences drawn from any of the above (e.g., preferences or characteristics)

    categories of third parties to whom Personally Identifiable Information has been disclosed for a business purpose: 

    • Advertising Networks
    • Internet Service Providers
    • Data Analytics Providers
    • Government Entities
    • Operating Systems and Platforms
    • Social Networks
    • Data Brokers

    At Your direction or request, or when You otherwise consent, we may share Your Information with third parties (e.g., if a User provides explicit, opt-in consent to the linking and use of data with a specifically identified third party partner, such data may be linked and may be used by woojer and/or the third party partner as described at the time consent is obtained, including for woojer advertising or advertising measurement purposes).

    how does woojer protect You from discrimination?

    woojer will not discriminate against You because You exercise Your rights. For example, woojer will not deny You goods or services or charge You a different price or rate for goods or services if You make an access, deletion, or do not sell request.

    what are Your rights under the CCPA?

    • Right to request woojer disclose Personally Identifiable Information, or categories of Personally Identifiable Information, it collects, uses, discloses, and sells
    • Right to request woojer delete Personally Identifiable Information we have collected from You
    • Right to request woojer opt You out of the sale of Your Personally Identifiable Information

    what is our process to verify access and/or deletion requests? 

    If You are a woojer User, You will be required to submit sufficient information demonstrating your identity, including Your name, address, email, and phone number. woojer will use this information to search our systems and determine if we have Information about You. If we are able to locate Information about You, we will fulfill Your access and/or Your deletion request. If we are not able to match the information You submit, we may provide You with a report that includes the categories of Personally Identifiable Information we collect, use, disclose, and sell.

    Users will receive two emails when Your access report is ready. These emails will be sent to the email address You provided at the time You submitted Your request. One email will contain a link to Your report and a second email will contain a password needed to access the report. 

    If You are an authorized agent, You will be required to submit Your name, address, email, and phone number as well as the name, address, email and phone number of the User You are making a request on behalf of. woojer will use the User’s Information to search our systems and determine if we have Information about the User. If we are able to locate Information about the User we will fulfill the access and/or deletion request. As an authorized agent You will receive an email confirming that we have received the request along with a second email asking You to fill out a certification form confirming Your Information and certifying You have the right to make this request on behalf of the User. Once the report is ready, it will be sent to the email or physical address You have given us, depending on the delivery method You choose.

    how can You submit a verifiable request? (requests can be made no more than twice in a 12-month period)

    You can submit a request using the methods listed below

    • Access Requests: Contact us at (917) 819-1613 or click here.
    • Deletion Requests: Contact us at (917) 819-1613 or click here.
    • Do Not Sell My Personally Identifiable Information Requests: Click here.

    All requests will receive a response within seven (7) business days. 

    how can You contact woojer?

    Mail:

    Woojer USA, Inc.

    4290 Bells Ferry Rd

    Ste 134 #3034

    Kennesaw, GA 30144

     

    Woojer Ltd. 

    1 Shenkar Arie street.

    1st floor, Herzliya,

    Israel, 4672501

    Phone:

    (917) 819-1613 

    Email: 

    privacy@woojer.com

    #  #  #

    Last Updated: December 15,  2021

    ×
    Vest Edge™
    $429.00 USD

    $249.00 USD

    Strap Edge™
    $159.00 USD

    $99.00 USD


    Selling-out fast. Secure yours now!


    30 Days
    Money-Back

    12 Months
    warranty

    Installment
    options

    Shipped within 2 business days