Terms of Sale

Last Revised: May 4, 2018

This is a legal agreement between you (meaning you as an individual if you are acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and Aterica Inc., or any of its affiliates (“Aterica”). Veta Smart Case & App are distributed in the United States by Aterica Digital Health Corp. Wilmington, DE, and distributed in Canada by Aterica Digital Health Inc. Waterloo, Canada. A purchaser in the United States agrees and is deemed to have contracted with Aterica Digital Health Corp.  and a purchaser in Canada agrees and is deemed to have contracted with Aterica Digital Health Inc. By placing an order or making a purchase of a product (“Aterica Product”) from the Aterica website or any other e-commerce site used by Aterica to sell Aterica products (the “Site”), you agree to these terms of sale (“Terms of Sale”) set out below, along with Aterica’s Privacy Policy (https://www.aterica.com/privacy/ and Terms of Use (https://www.aterica.com/terms-of-use/). These Terms of Sale may be updated by Aterica from time to time, and it is your responsibility to review these Terms of Sale each time you make a purchase from the Site. BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT CLICK THE BUTTON TO SUBMIT AN ORDER.

Important: By using Veta and this Site, you acknowledge, understand and agree that in providing the service we rely on a number of third party providers and hereby disclaim any liability with respect to the services provided by such providers.

IMPORTANT: Veta is not a medical device and is not intended, nor should be relied upon, to notify a caregiver, clinician, or emergency services for the immediate delivery of care. If you experience an anaphylactic reaction, administer your auto-injector(s) and contact emergency services.

  1. ORDERING
    1. These Terms of Sale shall apply to all orders for Aterica Product placed by you through the Site, or as otherwise referenced in a written agreement between you and Aterica. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
    2. To place an order, you must:
      • provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your first and last name, institution name, mailing address, phone number and email address;
      • provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
      • be at all times in compliance with the terms and conditions of these Terms of Sale and applicable law, including the requirement to be 18 years of age or older.
    3. You specifically agree that Aterica may rely on the accuracy of the information provided by you to Aterica, and that Aterica will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Aterica.
    4. All Aterica Products available through the Site are intended for end-user customers only. You may not purchase Aterica Products for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.
    5. Except as expressly set forth in these Terms of Sale, you shall not be entitled to change or cancel any order that has previously been accepted by Aterica without the prior written agreement of Aterica.
    6. Subscriptions can be ordered, updated, and cancelled under “My Account” found at https://aterica.com.
  2. DELIVERY AND SHIPPING
    1. All orders are subject to acceptance by Aterica, and any rejection of an order shall be made in Aterica’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by Aterica, Aterica will refund the amount of that order to your credit card.
    2. The estimated delivery time will be specified with your order; however, as we use a third party to deliver orders, it is possible that your order will arrive before or after the estimated delivery time. Aterica will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. Aterica shall therefore not be liable in any way for any delay or damage arising from Aterica’s failure to meet your delivery requirements or any delivery dates.
    3. Please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. In the event we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund in respect of your order. We reserve the right not to offer expedited or other forms of shipping.
    4. All shipments shall be made FCA Aterica’s facilities. Risk of loss for products shall pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
    5. You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify Aterica immediately.
  3. PRICING AND PAYMENT
    1. All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. Aterica reserves the right to change its standard prices without notice. Aterica reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.
    2. Prices are exclusive of, and you will pay: (a) all applicable federal, state, provincial/territorial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided Aterica with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage. Aterica may charge sales tax for sales of Aterica Products through the Site. Any sales tax charged will be indicated during the checkout process.
    3. As you are the importer of record in the destination country, you are responsible for all taxes, fees and charges in relation to importation, customs, duties and brokerage (collectively, “Import Fees”). You are also solely responsible for ensuring that the Aterica Products can be lawfully imported, and for complying with all laws and regulations of the destination country related to importation, shipping and use of the Aterica Products. Aterica may, at its sole discretion, provide an estimate of some or all of the Import Fees that will be levied on the items in your order for shipment (“Import Fee Estimate”) during the purchase process. By placing your order, you agree to allow us to collect the Import Fees Estimate for the applicable items in your order. With respect to each item to which an Import Fee Estimate applies, you authorize us to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, and, if applicable, process and remit your actual Import Fees for such item (the “Designated Carrier”). This Import Fees Estimate amount remitted by you will be used, on your behalf, to reimburse the Designated Carriers for the Import Fees that they have paid on your behalf to the appropriate authorities of the destination country. The Import Fees Estimate may or may not include customs duties. If they do not include customs duties, you will be responsible for making arrangements with the customs authorities for payment of duties. The Import Fees Estimate may be more or less than the final actual amount of Import Fees due and payable. We have no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the Import Fees that may be applicable to your purchase. You agree and acknowledge that (a) the actual Import Fees may be more or less than the Import Fees Estimate and (b) you will NOT receive any refund in the case that the actual Import Fees are less than the Import Fees Estimate; however, if additional Import Fees are owing, you are solely responsible for remitting such Import Fees to the appropriate authorities.
    4. Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection, as well as interest on the amount owing. Interest will be the lesser of 1.5% per month or the maximum rate permitted by law, whichever is less, commencing on the date that your credit card was rejected. Aterica may, in its sole discretion, delay shipment of, or cancel, your Aterica Product order where your credit card is rejected.
  4. RETURNS
    1. An Aterica Product purchased through the Site may be returned to Aterica for a refund of Aterica Product and applicable taxes, excluding shipping costs, within thirty (30) days of delivery. In order to be eligible for refund, returned Aterica Products must not be damaged by misuse, abuse, or disassembly. Shipping of all returns is your responsibility and at your sole expense. Please consult Aterica for details about its return procedures. You acknowledge that this 30 day return policy is considered in satisfaction of applicable statutory “withdrawal rights” or “cooling off periods”, and you waive all such statutory rights.
  5. General Product Terms
    1. These Terms of Sale cover order(s) for Aterica Product(s) made using the Site. Your use of a Aterica Product is subject to the Terms of Use available at https://www.aterica.com/. By using a Aterica Product (ordered through the Site or otherwise), you agree to the Terms of Use.
  6. Miscellaneous
    1. These Terms of Sale constitute the entire agreement between the parties with respect to your purchase of Aterica Products from this Site, and supersede all previous agreements relating to the purchase of Aterica Products from this Site. If any one or more of the provisions of these Terms of Sale is for any reason held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms of Sale. No waiver by either party of a breach or omission by the other party under these Terms of Sale shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party. These Terms of Sale, and all Aterica Product requirements, shall be governed by, and construed in accordance with, the laws of the Province of Ontario. It is the express will of the parties that these Terms of Sale and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
  7. Contact
    1. If you have any questions or inquiries regarding these Terms of Sale or any order or purchase, please contact the Aterica support team through the contact details at https://www.aterica.com/contact-us/. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.
    2. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.