MaskCheck Kiosk Sale Terms and Warranty Information
These terms and conditions specify the obligations of RealNetworks, Inc. (“Real”) and you (“Customer”) with respect to the sale and purchase of MaskCheck Kiosk (“Kiosk”).
- Kiosk Terms. These MaskCheck Kiosk sales terms (“Terms”) will be the complete agreement between Real and Customer for the sale of the Kiosk and no additional or alternative terms or conditions proposed by Customer will apply unless they are expressly accepted in writing by an authorized representative of Real. Real represents and Customer agrees that Real is not the manufacturer of the iPad device (“iPad”) included in the Kiosk. With respect to each iPad, in order to take ownership of the same, Customer agrees to accept and assume the license agreements for such iPad supplied by manufacturer.
- Pass-through Terms. iPads are supplied or sold subject to the express warranty terms, if any, specified by the manufacturer or supplier. Customer agrees to accept and adhere to the supplier/manufacturer’s terms and conditions of the iPad and to any “pass-through” terms and conditions applicable to Customer. Real makes no express warranties regarding the iPad and Real hereby disclaims any and all representations, warranties, guaranties, conditions or other terms implied by common law, statute, trade custom, course of dealing or otherwise in connection with the supply or sale of the iPad.
- MaskCheck application terms. Customers will be required to activate the pre-installed MaskCheck application published by Covid-19 International Research Team (“APP”) to use the mask check functionality. Customer agrees to accept and adhere to those APP terms applicable to Customer prior to using the Kiosk.
- Inspection and acceptance. Within (1) week of receipt of the purchased Kiosk, Customer will inspect and will notify Real in writing if any part is missing or was damaged in transit. If Customer fails to notify Real of any damaged or missing parts within one (1) week of receipt, Customer will be deemed to have accepted the Kiosk. Once Customer notifies Real if any part is missing or was damaged in transit, Real will send Customer a return material authorization (“RMA”). Customer must also comply with the terms and conditions set forth in the RMA regarding the return of the Kiosk.
- Non-acceptance/non-warranty returns. Within thirty (30) days of receipt, Customer may return, at his/her own expenses, any unused, undamaged and complete (i.e. in brand new condition) Kiosk for any reason and obtain a full refund for the cost of the Kiosk. For clarity, Real has no obligation to accept returns of Kiosk(s) that are not in accordance with this section 5.
- Limited Warranty. Subject to all the provisions of these Terms, Real warrants to Customer that for a period of one (1) year after purchase of the Kiosk (“warranty period”), the Kiosk will conform in all material aspects related to the applicable documentation. Any claims under this warranty must be in writing and must be received by Real within the warranty period. This warranty is personal and non-transferable.
- Warranty assistance
Warranty claims. Upon receipt of notification of a warranty claim from the Customer, Real will notify Customer whether the warranty claim must be handled directly with the supplier/manufacturer (for example in case of iPad) or through Real. If the warranty claim must be handled directly between Customer and supplier/manufacturer, Real will provide contact information to enable the Customer to contact the supplier/manufacturer. In the event the warranty claim will be handled through Real, then Real will provide the Customer with a RMA for Customer to return the Kiosk to Real (or the supplier/manufacturer), and the Customer will return Kiosk to Real (or the supplier/manufacturer, if so directed by Real) subjected to these Terms, the RMA and the supplier/manufacturer’s policy on returns.
Limitation. If the Kiosk fails to conform with this warranty, then Real will have sixty (60) days following receipt of Customer’s warranty claim to make commercially reasonable efforts to repair or replace the Kiosk (or in case of a warranty claim relating to the iPad to administer such warranty claim through the supplier/manufacturer) at no charge to Customer. If the Kiosk is not repaired or replaced, then Real will terminate this agreement, accept return of the Kiosk and refund to Customer the amounts paid. This section 7.2 states Real’s sole obligation and Customer’s sole remedy for any breach of this warranty.
Return shipping. Customer is responsible for all shipping charges it incurs in returning Kiosk, and for cost of shipping repaired or replacement units to the Customer (unless the supplier/manufacturer’s warranty states otherwise).
Delivery, title and risk of loss. Title and risk of loss will pass to Customer upon delivery of Kiosk to Customer. The shipping dates specified in the applicable order forms are estimates only and are dependent upon prompt receipt of all necessary information from Customer. Real will use commercially reasonable efforts to ship the Kiosk on the date(s) specified in the applicable order form. In the event of any default by Customer, Real may decline to make further shipments without in any way affecting its rights under these Terms.
Changes. Real reserves the right, at its sole discretion and without notice, to discontinue, modify and/or replace or change Kiosk at any time prior to shipping so long as such changes or improvements do not materially affect the Kiosk’s respective performance, operation or reliability. In case a Kiosk is discontinued, Customer sole’s remedy is the full refund of any amount paid for the unshipped goods.
- Limitation of liability
Exclusions. Notwithstanding anything to the contrary contained herein, to the extent permitted by applicable law, in no event will Real or any supplier/manufacturer be liable for any incidental, indirect, special, consequential or punitive damages (including lost profits, costs of delay, costs of cover, failure of delivery, business interruption or lost, damaged or disclosed data or documentation, or liabilities to third parties arising from any source) arising from or relating to these Terms or the fulfillment of purchased Kiosk hereunder, regardless of the nature of the claim, even if Real or the supplier/manufacturer has been advised of the possibility of such damages.
Limitations. The cumulative, aggregate liability of Real and the supplier/manufacturer for all claims arising from or relating to Real’s sale of Kiosk hereunder whether in contract, tort, strict liability, indemnity, or any other legal theory, will not exceed the total amount of fees paid to Real (excluding taxes and shipping) by the Customer for the Kiosk giving rise to the claim. The limitations in this section 8.2 will apply without regard to whether any remedies in these Terms have proven ineffective or have failed of their essential purpose.
- Intellectual property rights. Customer acknowledges and agrees that the Kiosk is the intellectual property of Real and/or their respective suppliers. Nothing contained herein shall be deemed to grant any license, right or title to such intellectual property to the Customer. Customer will not remove, alter or destroy any form of copyright notice, proprietary markings, serial numbers, or confidential legends placed upon or contained within the Kiosk.
- Excuse from performance. Real will be excused from performance and will not be liable for any delay in warranty claim response, delivery or for non-delivery, in whole or in part, caused by the occurrence of any contingency beyond the reasonable control of Real, including but not limited to, supplier/manufacturer delays, war (whether an actual declaration thereof is made), sabotage, insurrection, riot or other act of civil disobedience, actual or threatened act of terrorism or of any other public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms of these terms and conditions or the agreement or otherwise, judicial action, labor dispute, accident, defaults or suppliers, fires, explosion, flood, storm or other act of god, shortage of labor, fuel, raw material or machinery or technical or yield failures.
- Governing Law. These Terms will be governed by and construed in accordance with the laws of Washington State, USA, excluding that body of law known as conflicts of law. Any suit or claim to enforce this agreement must be brought in the King County, State of Washington. These Terms will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
- Any inquiries, legal notices or claims to exercise Customer’s rights under sections 4, 5, 6 and 7 must be sent to:
Mail: MaskCheck Support
1501 1st Avenue South
Seattle, WA 98134