Terms & Conditions
The following terms and conditions (“Terms”) apply for all pre-orders. When placing a pre-order you have understood and accepted these Terms.
The completion of our product development process and successful shipping of all pre-buy orders is depended on sufficient backing from our pre-order campaign and fundraising process. Hence, Ambrosia cannot guarantee that the products will be delivered in all cases. If we are unable to deliver, you will be entitled to reimbursement of your payments in accordance with section 2 in these Terms.
These Terms have priority in case of contradiction with any other terms, descriptions, agreements or understandings between you and Ambrosia. Ambrosia explicitly rejects any terms deviating from the following Terms unless otherwise is agreed and confirmed in writing.
1. DESCRIPTION OF THE PRODUCT
Ambrosia strives to provide a complete and accurate description of the products offered. Nevertheless, Ambrosia cannot guarantee a complete resemblance between the illustration material, such as pictures, videos and written descriptions, and the actual products.
Ambrosia also reserves the right to change and modify the product specifications, such as storage capacity, battery capacity, weight, material selection, form, color and other physical dimensions and technical specifications in the period up to the shipping date. An updated and final product specification will be available at least 14 days prior to the shipping date.
2. LIMITATION OF LIABILITY
AMBROSIA SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF ANY PRODUCTS OR SERVICES BY AMBROSIA OR THE USE THEREOF WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHER LEGAL THEORY, EVEN IF AMBROSIA HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITIES OF SUCH DAMAGES. AMBROSIA’S AGGREGATE AND CUMULATIVE LIABILITY TOWARDS YOU SHALL NOT EXCEED THE AMOUNT RELATED TO THE PAYMENT OF THE PRE-ORDER.
YOUR CLAIM FOR DAMAGES MUST BE NOTIFIED TO AMBROSIA WITHIN NINETY (90) DAYS OF THE DATE OF THE EVENT GIVING RISE TO ANY SUCH CLAIM, AND ANY LAWSUIT RELATIVE TO ANY SUCH CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE OF THE CLAIM.
3. INDEMNITIES
YOU AGREE TO INDEMNIFY AND HOLD AMBROSIA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND ADVISERS, FREE FROM ANY AND ALL CLAIMS, INCLUDING BUT NOT LIMITED TO DAMAGES, LEGAL FEES, COST AND EXPENSES, FROM THIRD PARTIES ARISING IN CONNECTION WITH THE PRE-ORDER
4. FORCE MAJEURE
If either Ambrosia or you are prevented from performing any of the obligations under these Terms due to an exceptional event beyond Ambrosia’s or your control, which could not reasonably have been foreseen before accepting these Terms, the non-performing party shall give immediate notice to the other party that a force majeure event has occurred. The non-performing party is not liable for any lack of performance caused by a force majeure event.
A force majeure event may be but is not limited to war, terrorism and natural disasters such as earthquakes, drought and floods.
5. INTELLECTUAL PROPERTY RIGHTS
Ambrosia has the exclusive and worldwide right to all intellectual property rights related to the products included in the pre-order, whether patentable or not and whether registered or not. This includes but is not limited to the construction, methods, concepts, design, source code, software logs, interface design and trademarks.
You are awarded a non-exclusive, revocable and limited license to use the products and accompanying software. The software is for you own personal use. You may not copy, modify, upload, distribute, transfer, sublicense, lease, lend or rent the software to any third party.
6. PERSONAL DATA
Personal data may be subject to collection and processing in accordance with Ambrosia’s privacy policy available on the Ambrosia website.
7. SEVERITY
If any part of these Terms is found to be invalid due to mandatory statutory law or a final legal judgment, it shall only affect those parts found to be invalid. The remaining parts of the agreement will still be enforceable.
8. GOVERNING LAW AND LEGAL VENUE
These Terms are governed by the laws of USA. Any dispute that is not solved amicably shall be resolved by judicial mediation. If judicial mediation fails, you agree to San Francisco District Court as a legal venue.
9. ALTERNATIVE DISPUTE RESOLUTION (FOR EUROPEAN ECONOMIC AREA CONSUMERS ONLY)
If you are a consumer within the European Economic Area (EEA), you may in lieu of law suit file a complaint to an alternative dispute resolution mechanism in your own country through the European Union Online Dispute Resolution portal.
1) WHAT DOES THIS PRIVACY POLICY COVER?
This Privacy Policy covers Ambrosia’s treatment of personally identifiable information (“Personal Information”) that Ambrosia gathers when you access or use Ambrosia’s Services. This policy does not apply to the practices of companies that Ambrosia does not own or control, or to individuals that Ambrosia does not employ or manage.
2) WHAT PERSONAL INFORMATION DOES AMBROSIA COLLECT AND FOR WHAT PURPOSE?
The information we gather from you enables us to (i) personalize and improve our Services, (ii) allow you to set up an account and profile that can be used to participate in our Services, (iii) provide you with information, updates, offers and other communications related to our Services, (iv) analyze and report on the results of the Services in an aggregate manner for the benefit of our partners and (v) support your use of the Services. We collect the following types of information from you:
Personal Information You Provide to Us:
We receive and store any information you enter in connection with our Services or provide to us in an authorized way. The types of Personal Information that is collected may include your name, email address, password, phone number, IP address, credit card information, mailing address, gender, age, weight, height, health and well-being related information (including without limitation blood glucose monitor readings and other sensitive medical information), type of glucose meter, insulin pump continuous glucose monitor and exercise device you use, and browser information. If you have purchased the Product and are using it in connection with the Service, we will also collect the Serial number of such Product. You can choose not to provide us with certain information, but then you may not be able register with us or take advantage of all of our Services offerings.
If you complete an online form on AmbrosiaSys.com or you engage with Ambrosia Support, we will ask you to include personal information about yourself in order to help resolve your issue. You understand that providing your personal information over the Internet involves some risk, and understand that in order to receive the support you are requesting, you are accepting that risk.
Personal Information Collected Automatically:
We receive and store certain types of information whenever you interact with our Services. We automatically receive and record information from your browser on our server logs, including your IP address, cookie information, and the page you have requested.
Generally, our Service automatically collects usage information such as the number and frequency of visitors to our Services, and its components, and how you interact with and use the Service. We use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how you use parts of the Services so that we can make the Services useful for as many users as possible, and improve upon those Services. As part of this use of information, we may provide aggregate information to our partners about how our customers use our mobile apps, site and Services.
If you are using the Product in connection with the Services, you understand and acknowledge that when you use glucose monitor, insulin pump, continuous glucose monitor or exercise device in connection with the Product, readings from your monitor will be automatically uploaded to your account with us. These automatically collected readings are considered Personal Information for the purposes of this Privacy Policy. Further, when you seek support from us, you understand and acknowledge that the individual(s) providing you with support may need to access these readings in order to diagnose the problem you are seeking support for; in this case, this information will only be used to help provide you with support.
Location Permission:
Based on the new Android OS, we need to use location in the LinkBluCon app for better connectivity of Bluetooth. Without Location permission, Bluetooth in the NightRider is not able to search nearby BLE devices and unable to pair the LinkBluCon app in case it’s disconnected. In case you have any questions please contact us at contact@AmbrosiaSys.com
E-mail and Text Message Communications:
You may receive emails or text messages from us regarding your use of Ambrosia if your computer or cellular device supports this type of program. If you do not want to receive email, text messages, or other mail from us, please contact us at contact@AmbrosiaSys.com or simply opt-out from each message type. Please note that if you have opted out of receiving email or other messages from us, we may still need to contact you via email, but only with regard to the status of your account (for example, to notify you when your subscription is about to expire); you cannot opt-out of these emails, unless you cancel your account entirely.
What About Cookies and Other Internet Tools?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive, through your browser, to enable our systems to recognize your browser. Cookies tell us how and when pages in our Services are visited and by how many people. Our cookies do not collect Personal Information, and we do not combine the general information collected through these cookies with other Personal Information to tell us who you are or the identity of your screen name or email address.
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies. Depending on the sophistication of your browser software, your browser may also allow you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you allow cookies to be activated. This is because cookies enable you to take advantage of some of our Services most attractive features. Our advertising partners may also transmit cookies to your computer when you click on ads that appear on our site. This Privacy Policy does not cover the use of cookies by any advertisers.
Other Technologies. We may use standard Internet technologies, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
3) DOES AMBROSIA SHARE THE PERSONAL INFORMATION IT RECEIVES WITH OTHERS?
Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information in personally identifiable form to anyone. We share your Personal Information in personally identifiable form only as described below.
Advertisers: We may allow advertisers to choose the demographic information of users who will see their advertisements. We may also provide information that we have collected from you to an advertiser in non-personally-identifiable form, in order to allow the advertiser to select the appropriate audience for its advertisements. For example, we might use the fact you use a certain brand of blood glucose monitor to show you ads about other products available from that company, but we do not tell that company who you are.
Agents: We employ other companies and people to perform tasks on our behalf and as a result, we may need to share your Personal Information with them to provide these Services to you. Unless we tell you differently, Our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Ambrosia, or substantially all of its assets were acquired, or in the unlikely event that we go out of business or enters bankruptcy, customer information is one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of Ambrosia may continue to use your Personal Information as set forth in this policy.
Protection of Ambrosia and Others: We may release Personal Information when we believe in good faith that the release is necessary to comply with law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, health or safety of Ambrosia, our employees, you, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and you will be able to prevent the sharing of this information.
4) WHAT ABOUT LINKS TO OTHER THIRD PARTY SITES AND SERVICES?
The Services may contain links to or other information regarding other sites or services. We are not responsible for the privacy policies and/or practices of other sites or services. When accessing another site or service you should read the privacy policy stated on that site. This Privacy Policy only governs information collected by us in connection with our Services.
5) IS PERSONAL INFORMATION ABOUT ME SECURE?
Your Ambrosia account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer, mobile device, and browser by signing off after you have finished accessing your account.
We endeavor to protect your Personal Information to ensure that it is kept private. However, we cannot guarantee the security of such information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of your information at any time.
6) WHAT PERSONAL INFORMATION CAN I ACCESS?
We allow you to access certain categories of information about you for the purpose of viewing, and in certain situations, updating or deleting that information. These categories may change as our Services change. Any information that is automatically uploaded from a Product to the Services cannot be later changed or updated. Certain information is required to access some of our Services, so your deletion of certain information, or provision of inaccurate information, may render the Services inoperable, in whole or in part. Please note that we may use aggregate data derived from your information after you have requested it be modified or deleted, but not in a manner that would identify you personally.
7) WHAT RIGHTS AND CHOICES DO I HAVE?
As stated previously, you can opt not to disclose, or allow to be disclosed, certain information to us, even though it may be needed to take advantage of certain Services features or to register with us.
You may opt-out of most communications from us, as set forth above in “What Personal Information Does Ambrosia Collect and for What Purpose?” Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes. If you’ve registered the Product with us as provided in the Product Terms of Sale, you may receive notices from us if the Product and/or the BluCon is ever recalled. Please note that if you subsequently opt out of any communications from us, you will not receive that recall notice. You acknowledge that certain communications between you and Ambrosia are required to provide you the Services and maintain your account.
8) WILL I BE NOTIFIED OF CHANGES TO YOUR PRIVACY PRACTICES?
We may amend this Privacy Policy from time to time. Use of information we collect is now subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement through our Services or by sending you an email or other notification. You are bound by any changes to the Privacy Policy when you use the Services after such changes have been first posted.
9) How do I request access or changes/deletion of/to personal information?
Ambrosia offers email-based and online support tools. You may access support resources or contact our support by visiting https://www.ambrosiasys.com/contactus.
10) How do I request alternate communication methods?
You may contact our support department to make this request by visiting https://www.ambrosiasys.com/contactus/ and clicking on “Contact Support.”
If you have questions or concerns regarding this policy, please contact the Ambrosia Privacy Officer at contact@AmbrosiaSys.com.
APPENDIX
The right of withdrawal form (for European Economic Area customers only)
Fill out this form and return it to Ambrosia If you want to revoke your order, fill out this form and mail it to contact@ambrosiasys.com.
