LEGAL

DISCLAIMER & CONTRAINDICATIONS

DISCLAIMER

THE HUGO AND THE HOCATT ARE NOT MEDICAL DEVICES NOR HAVE THEY BEEN EVALUATED OR APPROVED BY THE FDA OR NDF. THEY ARE NOT INTENDED TO DIAGNOSE, TREAT, MITIGATE, CURE OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

The information on this website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this website is for general information purposes only. HOCATT Enterprises USA LLC and/or its’ distributors, agents, affiliates or subsidiaries, make no representation and assume no responsibility for the accuracy of information contained on or available through this website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH ON THIS WEBSITE.

Prior to, or during the course of your use of our products, health concerns may arise that require medical attention. If at any time during or after the use of any of our products, you experience pain or discomfort immediately desist and seek the necessary medical advice and only continue with use once medically cleared to do so.

Should you choose to rely on any information provided or make use of our products without prior consultation with your healthcare provider, you do so solely at your own risk.

WAIVER

By accepting the Purchase Terms and Conditions, you confirm that you have acquainted yourself with the contraindications and potential risks associated therewith. You hereby and forever release and discharge and hold harmless HOCATT Enterprises USA LLC and/or its’ distributors, agents, affiliates or subsidiaries from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your purchase and/or use of any of our products, including any injuries, loss and/or death resulting therefrom. You understand and are aware that the incorrect use or use with a pre-existing contraindicated condition the products may potentially be hazardous and understand further that it may involve a risk of injury and even death, and that you are voluntarily participating in the use of these products with the knowledge of the potential dangers involved. You hereby agree to expressly assume and accept any and all risks of injury or death. You further declare that you are physically sound and suffering from no condition that would prevent you from participation or use of the product(s). You acknowledge that you have either had a physical examination and have been given a clean bill of health, or that you have decided to use the product(s) without the approval of your Doctor and do hereby assume all responsibility for your participation and activities, and utilisation of the product(s). YOU ACKNOWLEDGE THAT YOU HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND THAT YOU ARE WAIVING ANY RIGHT YOUR SUCCESSORS OR YOU MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST HOCATT ENTERPRISES USA LLC, ITS SUBSIDIARIES, ASSOCIATES, DISTRIBUTORS OR AGENTS.

CONTRAINDICATIONS

The products / technologies / modalities listed below are contraindicated as follows:

HIGH-INTENSITY PULSED ELECTROMAGNETIC FIELDS:

High-Intensity Pulsed Electro-Magnetic Fields (PEMF) are not recommended for people with the following conditions:

  • Pregnancy and/or breastfeeding.
  • Epilepsy and/or seizures.
  • Electrical implants e.g. pacemaker, cochlear implant, intrathecal pump, insulin pump, etc.
  • Elevated blood alcohol or drug levels.
  • Organ transplant recipients and/or those taking immune suppression medication.
  • Known heart conditions e.g. heart failure, heart blockages, recent heart attack, arrhythmias, etc.
  • Active bleeding or bleeding disorders / tendencies e.g. haemophilia, bleeding wound, or menstruation.
  • Grave’s disease.

Do not use High-Intensity PEMF coils / loops / mats or other applicators over or on:

  • The head/neck region.
  • Non-MRI safe IUDs.
  • Breast implants.
  • Non-MRI safe implanted metals e.g. pins, plates, screws, joint replacements, dental implants, mechanical heart valves, metal stents, or staples in blood vessels.

STEAM AND/OR FAR INFRARED SAUNAS:

Steam and/or Far Infrared Saunas are not recommended for people with the following conditions:

  • Pregnancy and/or breastfeeding.
  • Blood clots/DVT’s.
  • Elderly.
  • Children.
  • Dehydration.
  • Taking diuretics.
  • Known heart conditions e.g. heart failure, heart blockages, recent heart attack, etc.
  • Low blood sugar.
  • Recently eaten a heavy meal.
  • Hypotension.
  • Taking blood pressure medication.
  • Uncontrolled and/or malignant high blood pressure.
  • Fever.
  • Little or no sleep the night before.
  • Excessive caffeine intake.
  • Heat Insensitivity.
  • Taking medications that impair sweating and/or increase the health risks from heat exposure.
  • Elevated blood alcohol or drug levels.
  • Bleeding tendencies e.g. haemophiliacs.
  • Active bleeding (from an injury).
  • Menstruation.

CARBONIC ACID SAUNA:

In a CO2 / Carbonic Acid Sauna, all the contraindications of regular saunas apply, with an emphasis on the following contraindications:

  • Hypotension.
  • Taking blood pressure medication

OZONE:

All methods of application:

  • Thyrotoxicosis/ hyperthyroidism.
  • G6PD deficiency (Favism)/ haemolytic anaemia.
  • Organ transplant recipients and/or those taking immune suppression medication.

Transdermal applications:

  • Cutaneous porphyria.
  • Vitiligo.

MICROCURRENTS:

Microcurrents are not recommended for people with the following conditions:

  • Pregnancy and/or breastfeeding.
  • Epilepsy and/or seizures.
  • Electrical implants e.g. pacemaker, cochlear implant, intrathecal pump, insulin pump, etc.
  • Known heart conditions e.g. heart failure, heart blockages, recent heart attack, arrhythmias, etc.
  • Blood clots/DVT’s or strokes.
  • Recent surgery (past 72 hours) recipients and/or those taking immune suppression medication.

Do not use Microcurrent electrodes / footplates / patches or other applicators over or on:

  • The head/neck region.
  • Implanted metals e.g. pins, plates, screws, joint replacements, mechanical heart valves, metal stents, staples in blood vessels, etc.
  • Fresh / bleeding wounds.
  • Muscle, bone, tendon, or joint injuries.
  • Broken, injured, swollen, inflamed or infected skin.
  • Sensitive areas (such as the testicles).
  • Cancerous/ malignant tissue.

PURCHASE TERMS & CONDITIONS

1. DEFINITIONS

1.1. In this agreement, unless the context clearly indicates the contrary intention:

1.1.1. “Agreement”– shall mean these Purchase Terms and Conditions and any additional agreement entered into between the Customer and HUSA, whether concluded verbally and / or in writing;

1.1.2. “Commercial Usage” – shall mean the use of any device within a commercial setting in which the use of the device derives an income of any kind;

1.1.3. “Customer” – shall mean such natural or juristic entity entering into a purchase agreement with HUSA in respect of the sale of Products or Services;

1.1.4. “Days” – shall mean calendar days;

1.1.5. “Home Usage” – shall mean the use of any device within a non-commercial setting from which no income of any kind is derived; 

1.1.6. “HUGO Intense” – such unit specifically designed and manufactured for Home Usage and intended for personal and private use;

1.1.7. “HUGO Pro” – such unit specifically designed and manufactured for Commercial Usage;

1.1.8. “HUSA” – shall mean HOCATT ENTERPRISES USA LLC;

1.1.9. “Manufacturer” – shall refer to the Manufacturer(s) of any of the Products sold by HUSA; 

1.1.10. “Party” – shall mean either the Customer or HUSA and “Parties” shall mean the Customer and HUSA collectively;

1.1.11. “Product(s)” – shall mean the new and unused goods as sold by HUSA which shall include, but not be limited to, all assembled devices, unassembled devices, parts, accessories and any Services associated therewith; 

1.1.12. “Purchase Terms” – as used herein shall refer to the terms, conditions and warranties contained in this document;

1.1.13. “Services” – shall mean any services offered by HUSA and/or its distributors, agents, affiliates or subsidiaries either specifically in connection with the purchase of any Product(s) or as after sales service, maintenance or support and shall include any derivate services which can be offered as a consequence of the purchase of any Products;

1.1.14. “Warranty” – shall mean the Warranty offered by HUSA to the purchaser for the Warranty Period applicable to the specific Products for the periods and the terms as set out herein; and

1.1.15. “Warranty Period” – shall mean the period of time in which the Warranty is valid and enforceable which period shall be calculated from date of delivery to the Customer.

2. GENERAL

2.1. The sale or delivery of any Products or Services are expressly conditional upon the Customers express acceptance of these Purchase Terms together with those terms and conditions contained in any additional written agreement concluded between HUSA and the Customer. 

2.2. Any order to purchase, partial payment of any invoiced amount and / or acceptance of delivery shall constitute the Customer’s acceptance of these Purchase Terms. 

2.3. Unless otherwise specified in writing, any quotation issued by HUSA shall expire thirty (30) days from its date of issue and may be modified or withdrawn by HUSA prior to receipt of any payment thereon. 

2.4. It remains the Customers sole responsibility to acquaint themselves with the Product specific contraindications and neither HUSA, its staff or any of its agents, accept any liability for any damages which may result from the Customers omission to do so.

3. DELIVERY AND SHIPPING TERMS

3.1. Shipping and import duties and taxes, where applicable, unless otherwise agreed to in writing by HUSA, shall be for the Customer’s account.

3.2. Delivery times are approximate (8 – 12 weeks from receipt of 50% deposit) and are dependent upon prompt receipt by the HUSA of all requisite payments and information required to arrange delivery.

3.3. While HUSA takes every necessary precaution and measure to ensure that imported items comply with USA import regulations, HUSA shall not be held liable for any delays in delivery caused by customs clearance and inspections and the Customer herewith holds HUSA harmless for any damages or harm which may be resultant from any delays in delivery. 

3.4. If any products to be delivered under this Agreement cannot be shipped to or received by the Customer when ready due to any cause attributable to the Customer, HUSA may, at its sole discretion, ship the products to a storage facility of its choosing.

3.5. Should HUSA place any products into storage as anticipated in 3.4 above, the following shall immediately apply: 

3.5.1. title and risk of loss immediately pass to the Customer, if they have not already passed, and delivery shall be deemed to have occurred;

3.5.2. any amounts otherwise payable to HUSA upon delivery or shipment shall be immediately due; and

3.5.3. all amounts owing for storage and additional shipping shall be for the account of the Customer.

3.6. Any liability of HUSA for non-delivery of any products shall be limited to replacing the products within a reasonable time or adjusting the invoice reflecting such products and / or quantities actually delivered.  

4. SET-UP AND SERVICE CHARGES

4.1. All charges incidental to set-up and service call outs will be, unless otherwise agreed to in writing, for the account of the Customer which charges may include, but not be limited to, travel disbursements, specialised tools and importation of parts required, which costs, shall be paid by the Customer to HUSA within 7 (seven) days of date of invoice. 

5. PAYMENT TERMS 

5.1. 50% of the invoiced amount is payable immediately upon receipt of the invoice after which, the order shall be processed.

5.2. The balance of the purchase price is payable upon notification that the ordered products are ready to be shipped. No product will be shipped until confirmation of payment of the full purchase price is received. 

5.3. Payment shall be made in the in the currency as specified on the invoice.  

5.4. HUSA shall be entitled to suspend the delivery of any products should the Customer fail to pay any amounts when due and such failure continues for a period of thirty (30) days following written notice thereof. HUSA shall then be entitled to deduct from any monies held such damages and or expenses already incurred. 

5.5. The Customer shall not be entitled to withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with HUSA, whether relating to HUSA’s breach, bankruptcy or otherwise.

5.6. Should the Customer dispute any invoice or portion thereof, it shall notify HUSA in writing within 30 (thirty) days of receipt of said invoice, detail the reason for the dispute, and pay all undisputed amounts. All charges not timely disputed in writing shall be deemed to be undisputed and shall be due and payable as set forth above.

6. RETURNS POLICY: THIRTY DAY MONEY BACK GUARANTEE

6.1. A money back guarantee is offered in the event that the Customer is not completely satisfied with the Product(s) purchased, which money back guarantee is offered in accordance with the terms and conditions contained in this clause 6.

6.2. This 30 day money back guarantee is not applicable to special, custom, or made-to-order products, lease arrangements or any pre-owned Product(s).

6.3. The Customer must, within 30 Days of delivery, notify HUSA directly of the desire to return the Product(s).

6.4. Prior to return shipping, the Customer must obtain written consent and an authorization and shipping number from HUSA. No Product(s) will be accepted by HUSA, nor any refunds provided, in the event that the Customer has failed to obtain the prior written consent and authorisation and shipping numbers as set out herein.

6.5. No shipping cartons or packaging is to be discarded within the 30 day return period as these will be required for return shipment.

6.6. All Products must be returned to HUSA not having suffered damages due to misuse, accidents, negligence or abuse and/or alteration or incorrect usage and / or cleaning and in the original supplied packaging with sufficient insurance to cover the return shipment.

6.7. All delivery charges and insurance occasioned by a return shall be for the account of the Customer unless such charges are waived, in part or in whole, in writing, by HUSA.

6.8. Provided that inspection by HUSA reveals that the goods are in a saleable condition, which decision shall solely be at the discretion of HUSA, credit will be passed to the Customer, less a 20% (twenty percent) restocking fee on the purchase price and any bank and / or card processing fees which HUSA has incurred in accepting any card payments from the Customer.

6.9. In the event that a purchase order, excluding any special, custom, or made-to-order products, is cancelled prior to delivery but after a deposit has been paid, the full deposit, less any card processing and / or bank charges which HUSA has incurred in accepting any card payments from the Customer, will be paid to the Customer. 

6.10. HUSA will issue payment upon receipt of the return and verification that these terms and conditions have been complied with.

6.11. No replacement or credit will be given on returned goods in the event that the Customer has not complied with the instructions as set out herein. 

7. HUSA EXTENDED WARRANTY

7.1. The Warranty Periods shall apply as follows:

7.1.1. HOCATT – two years (one year Manufacturer’s Warranty and one year HUSA extended Warranty).

7.1.2. HUGO  – three years (one year Manufacturer’s Warranty and two years HUSA extended Warranty).

7.2. Parts Covered by the Warranty

7.2.1. HUGO:

7.2.1.1. The driver and all parts within the driver;

7.2.1.2. Mat applicators;

7.2.1.3. Loop applicators; 

7.2.1.4. Rope (long wire) applicators; and

7.2.1.5. Probe connectors.

7.2.2. HOCATT:

7.2.2.1. Electronics which comprise the following:

7.2.2.1.1. Ozone generators;

7.2.2.1.2. CPU and circuit boards;

7.2.2.1.3. Photon lights;

7.2.2.1.4. FAR infrared transformers;

7.2.2.1.5. Steam generator;

7.2.2.1.6. FSM handles excluding the connecting wires;

7.2.2.1.7. Heart rate monitor’s circuit board excluding the cable and sensor;

7.2.2.1.8. Oxygen concentrator; and 

7.2.2.1.9. High and low flow destructor motors excluding the carbon filters.

7.2.2.2. The cabinet / chamber body (shell) shall be covered by the Warranty on condition that the device is utilized in accordance with the instructions as contained in the manuals accompanying the device. 

PLEASE TAKE SPECIAL NOTE OF THE FOLLOWING: 

the seat, footrest and perimeter seals are not covered by the Warranty;

discolouration and/or hairline surface cracks that do not hinder the use of the device shall not be covered by the Warranty; and

• rusting of the steam jet after continued use is normal and as such is not covered by this Warranty.

7.3. Warranty Terms and Conditions

7.3.1. HUSA warrants to the Customer, in accordance with the following provisions, that its Products, purchased by the Customer directly from HUSA, are free from defects in materials, workmanship and design affecting normal use for the duration of the Warranty Period.

7.3.2. This limited Warranty does not cover damage due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by the manufacturer, usage not in accordance with product instructions, failure to perform required preventive maintenance, any alteration to the internal or external structure of the device, and problems caused by use of parts and components not supplied by the manufacturer or HUSA.          

7.3.3. This Warranty covers only the PARTS as specified in clause 7.2 herein above.

7.3.4. The instructions as contained in the user manuals specifically relating to the maintenance, cleaning and use of the equipment require strict adherence. Noncompliance or deviation from the instructions will automatically nullify the Warranty as herein contained. Deviations may include, but are not limited to: 

7.3.4.1. in the instance of the HOCATT, putting pressure on the doors such as using the doors to assist the user in climbing in or out of the device; 

7.3.4.2. in the instance of the HOCATT, using the device to ozonate any oils; and

7.3.4.3. in the case of the HUGO Intense, utilising it for commercial purposes (i.e. in a setting where its use generates an income of any kind). 

7.3.5. Any remedies afforded to the Customer in terms hereof shall be limited to the original purchaser only. Accordingly, any Warranty issued with any purchase is strictly non-transferable and will automatically be void in the event that the unit is resold, transported or relocated, to any location outside of the original delivery destination, without the prior written consent of HUSA being obtained. 

7.3.6. No other guarantee or Warranty, expressed or implied, shall be applicable unless contained herein or reduced to writing by HUSA. 

7.3.7. This Warranty shall be valid solely for the Warranty Period as set out hereinabove.

7.3.8. Any work conducted by an unqualified or unauthorised party shall affect the validity of the Warranty unless such concession is approved in writing by HUSA.

7.3.9. All faults must immediately be reported to HUSA.

7.3.10. The Customer shall immediately upon identification of any defects or faults:

7.3.10.1. notify HUSA in accordance with the Reporting Warranty Request as set out in 7.4 herein below;

7.3.10.2. provide particulars of the fault or defect detected; and

7.3.10.3. supply HUSA with any additional documentation and / or photographic proof as may be required. 

7.3.11. Once the terms and conditions as set out herein have been fulfilled, and HUSA has confirmed the Customer’s claim, the requisite part shall be dispatched to the Customer. In the event of a HUGO Driver Component, the driver is to be returned to HUSA for repair or replacement.

7.3.12. Products falling within the ambit of this Warranty and for which a proper claim is made shall, at HUSA’s sole discretion, be repaired or replaced at HUSA’s expense but shall exclude any costs associated with shipping and / or labour which shall be for the Customer’s account.

7.3.13. All the parts removed from the repaired items shall become the property of HUSA.

7.4. Reporting Warranty Requests

7.4.1. In the event that damage or a fault to any component covered by this Warranty is experienced within the Warranty Period, the following procedure is to be followed:

7.4.1.1. Contact HUSA immediately and provide your name and unit serial number;

7.4.1.2. Submit a clear explanation with supporting documentation such as photos and / or videos of the problem experienced;

7.4.1.3. A technical advisor will evaluate the problem, and may deem it necessary to contact the Customer for further clarification; 

7.4.1.4. The technical advisor will then submit a resolution plan which may include:

7.4.1.4.1. Explanation,

7.4.1.4.2. Local repairs by nominated repair agent, or

7.4.1.4.3. Shipment of replacement components.

7.5. Damages During Shipping

7.5.1. It does not happen often, but shipping damages can occur.

7.5.2. In order to claim a replacement / repair of a device damaged during shipping the following procedure is to be followed:

7.5.2.1. Immediately upon delivery inspect the crates and / or packages for damages.

7.5.2.2. Should there be any visible signs of damage: 

7.5.2.2.1. Do not sign any waybill or delivery sheet and insist that the driver conduct an immediate inspection; and

7.5.2.2.2. Notify the carrier (UPS, Fedex, Trucking Company, etc.) immediately and request them to inspect without delay.

7.5.2.3. In the event that no visible signs of damage are immediately visible, but become apparent after un-crating and after acceptance of delivery, the Customer shall report the damage and / or fault to HUSA within 24 (twenty-four) hours of delivery.

7.5.2.4. No shipping cartons or packaging is to be discarded as these will be required for the submission of a validclaim.

7.5.3. No replacement or credit will be given on returned goods damaged during shipping in the event that the Customer has not complied with the instructions as set out herein.

8. MINIMUM ADVERTISED PRICING POLICY

8.1. HUSA actively supports its Customers in the responsible advertising and promotion through the provision of approved advertising and marketing materials and the nationwide implementation of a Minimum Advertised Pricing Policy (MAPP) for all HUSA Products and Services. Accordingly, the minimum advertised prices will be as follows:

8.1.1. HOCATT Plus sessions shall be no less than $125.00/session;

8.1.2. HOCATT Platinum with internal PEMF sessions shall be no less than $175.00/session;

8.1.3. HUGO Pro sessions shall be no less than $60.00/session.

8.2. Notwithstanding anything contained herein to the contrary, HUSA reserves the right to unilaterally amend the MAPP prices from time to time.

8.3. The MAPP policy does not establish maximum advertised prices. All Customers may offer HUSA Products or Services at any price in excess of the MAPP as set out hereinabove.

8.4. The MAPP policy applies to all marketing of HUSA Products and Services in any print or media format and will include, but not be limited to, flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogues, mail order catalogues, email newsletters, email solicitations, online auctions,  internet or similar electronic media, television, radio, and public signage.

8.5. The MAPP policy will not be applicable to any in-store advertising as long as it remains displayed instore only and is not distributed as set out in hereinabove. 

8.6. The MAPP policy shall not apply to the price at which the Products are actually sold or offered for sale to an individual consumer within the Customer’s premises or over the telephone. HUSA’s Customers remain free to use their discretion and offer discounts as they deem fit so long as those discounts are not advertised in any manner whatsoever. 

9. ADVERTISING & PROMOTIONAL GUIDELINES

9.1. Trademarks, Trade Names, Copyright Materials and Advertising

9.1.1. The names “HUGO”, “HUGO Pro”, “HUGO Professional”, “HUGO Intense”, “HUGO High Intensity PEMF”, “HOCATT”, “HOCATT Classic”, “HOCATT Plus”, “HOCATT Gold”, “HOCATT Diamond”, “HOCATT Platinum”,  “HOCATT Titanium”, “HOCATT Home Wellness”, “Home HOCATT”, “Horse HOCATT”, “Equine HOCATT” and “CyberBaric” or any derivatives thereof and any symbols associated therewith are proprietary trade names and/or trademarks (the “Marks”) of HUSA and / or its affiliates and / or its subsidiaries. 

9.2. Limited License to Use Company Marks

9.2.1. Each Customer is hereby licensed by HUSA to utilise the Marks for purposes directly associated with the sale, distribution or use of the Products.  

9.2.2. All Marks are and shall remain the exclusive property of HUSA.

9.2.3. The license granted herein shall be effective only as long as the Customer remains in good standing and in full compliance with HUSA’s policies and procedures. 

9.2.4. Notwithstanding the license granted, it is prohibited for a Customer to claim any ownership of the Marks in any way, shape or form unless it has been approved in writing by HUSA.

9.2.5. These Marks are of great value to HUSA and are supplied to each Customer for use in an expressly authorized manner only. 

9.3. Promotional Materials

9.3.1. Use of any written, printed, recorded or any other material in advertising, promoting or describing any of HUSA products which is not provided to the Customer by HUSA or which has not been approved in writing by HUSA prior to any use thereof, is strictly prohibited.

9.3.2. In the event that any marketing or promotional material is approved by HUSA, the Customer shall, at no cost to HUSA, make such material available to HUSA for its own use and distribution. 

9.3.3. A Customer may develop his or her own marketing techniques, as long as they are not in violation of any HUSA policies, any legislative or regulatory codes and regulations.

9.3.4. Unless HUSA’s prior written approval is received, the use, production or sale of any sales aids or materials, other than those specifically provided by or approved in writing by HUSA, is prohibited. 

9.3.5. No disparaging representations about HUSA, its Products, compensation plan or income potentials are permitted.

9.4. Brand Guidelines for Websites

9.4.1. All Customer website marketing and promoting HUSA products or HUSA business opportunities, without online sales, will be permitted so long as they comply with or are modified to comply with HUSA’s relevant Policies. 

9.4.2. No Customer may use any of the Marks, trade names, product names, domain names (URL) or copy or use any HUSA materials from any source that may result in misleading or confusing the user into thinking the Customer’s website is that of HUSA, its affiliates and/or subsidiaries.

9.4.3. The Customer must link their websites to the relevant Product website should they make reference to that specific Product on their website. 

9.4.4. Customer websites must reflect the core values of HUSA and be of good moral content. 

9.4.5. Customer websites must be FDA compliant and must contain a disclaimer that is acquiescent with the guidelines as set out by the FDA should the website promote and / or sell any product to be consumed or utilised by humans.

9.5. Restrictions and Guidelines on the Use of the Marks

9.5.1. Always write HOCATT™ and HUGO™, or any other registered trademark belonging to HUSA, with the trademark (™) symbol; 

9.5.2. HOCATT™ and HUGO™ products must be referred to as “technology” not a therapy.

9.6. Restrictions on the use of Words / Phrases

9.6.1. The following words / phrases may not be utilised when referring to the HOCATT™ and the HUGO™:

9.6.1.1. “therapy”, i.e. do not refer to the HOCATT™ or the HUGO™ as a therapy.

9.6.1.2. “treating”, “curing”, “healing”, “preventing”, “diagnosing” any disease or medical condition.

9.7. Permissible Words / Phrases

9.7.1. The following words / phrases may be utilised when referring to the HOCATT™ and the HUGO™

9.7.1.1. Energy management;

9.7.1.2. Lifestyle management;

9.7.1.3. Weight management;

9.7.1.4. Wellness;

9.7.1.5. Vitality;

9.7.1.6. Detox;

9.7.2. Further to the above, it is permissible to make claims about known benefits of an individual therapy / technology. By way of example:

9.7.2.1. “FIR saunas reduce hypertension”  in this example, the statement / claim is referring to FIR infrared saunas in general, rather than claiming that it is the HOCATT™ that reduces hypertension).

9.7.2.2.  “PEMF therapy enhances cellular metabolism”  in this example, the statement / claim is referring to PEMF therapy/devices in general, rather than claiming that it is the HUGO™ that enhances cellular metabolism). 

9.7.3. HUSA reserves the right to unilaterally amend the advertising and promotional guidelines from time to time.

10. LIMITATION OF LIABILITY

10.1. In no event shall HUSA be liable to the Customer or any third party for any loss of use, revenue or profit or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the Customer has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

10.2. Notwithstanding the above, in no event shall HUSA’s aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to HUSA for the products sold hereunder or, as to services, for the amounts paid to HUSA for services performed hereunder.

10.3. This limitation of liability is a material basis for the parties’ bargain and reflects the bargained-for allocation of risks between HUSA and the Customer, without which HUSA would not have agreed to provide the products and / or services at the price charged.

11. INDEMNIFICATION

11.1. HUSA is hereby indemnified and held harmless by the Customer their subsidiaries and affiliates their directors, officers, agents, employees, patients and clients from and against losses, costs, damage, injuries, liabilities claims and demands or causes of action of any nature whatsoever, arising or resulting from damage to or destruction of property, or death of or injury to persons, whether they be third persons, or the employees of the Customer or the Customer’s contractors or subcontractors as a result of the use or misuse of any of the Products. Notwithstanding anything contained herein to the contrary, it is agreed that HUSA shall not be liable for any amount greater than the purchase price for any Product or Service provided by HUSA to the Customer.

12. COMPLIANCE WITH LAWS

12.1. HUSA shall take reasonable steps to ensure the products are in conformity with applicable laws and regulations. However, the Customer acknowledges that products may be used in various jurisdictions for various applications subject to unrelated regulations and therefore that HUSA cannot warrant compliance with all applicable laws and regulations. 

12.2. HUSA disclaims any representation or warranty that the products conform to federal, state, provincial or local laws, regulations, ordinances, codes or standards, except as expressly set forth by HUSA in writing. 

13. AMENDMENT AND WAIVER

13.1. These terms and conditions may only be amended or modified in a writing.

13.2. No waiver or indulgence by HUSA of any of the provisions of this Agreement will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege under this Agreement will constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

14. CONFIDENTIAL INFORMATION

14.1. All non-public, confidential or proprietary information of HUSA and / or any of its affiliates and / or subsidiaries, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, Customer lists, pricing, discounts or rebates, disclosed by HUSA to the Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of fulfilling the terms of  this Agreement and may not be disclosed or copied unless authorized in advance by HUSA in writing. 

14.2. Upon HUSA’s request, the Customer shall promptly return all documents and other materials received from HUSA. 

14.3. HUSA shall be entitled to injunctive relief for any violation of this clause.

15. BREACH

15.1. The Customer understands and agrees that it may be impossible to measure in money the damages that may accrue to HUSA due to any breach of this Agreement, and that any such money damages may be an insufficient remedy for such failure of performance. Therefore, HUSA may pursue equitable remedies, including specific performance and temporary and permanent injunction in such courts of competent jurisdiction as set forth in 18hereunder.

16. FORCE MAJEURE

16.1. HUSA shall not be liable or responsible to the Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of HUSA including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to either Party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

17. GOVERNING LAW AND JURISDICTION

17.1. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the Laws of the State of Texas.

17.2. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the courts of the State of Texas located in the City of Dallas and Dallas County.

18. NOTICES

18.1. All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the issued invoice or to such other address that may be designated by the receiving Party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). 

18.2. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving Party, and (b) if the Party giving the Notice has complied with the requirements of this Section.

19. SEVERABILITY

19.1. Should any term or provision of this Agreement be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

20. SURVIVAL

20.1. Such provisions of this agreement which by their nature should apply beyond their terms will remain in force after any termination or expiration of these terms and conditions including, but not limited to, Compliance with Laws, Confidential Information, Governing Law, Indemnification, Submission to Jurisdiction and Survival.

21. COMPLETE AGREEMENT

21.1. These general terms and conditions constitute the entire Purchase Terms between HUSA and the Customer relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof. 

WEBSITE TERMS OF USE

1. SCOPE OF USE

1.1. These Terms of Use (“Terms of Use”) govern your use of the HOCATT Enterprises USA LLC (“HUSA”) internet properties, including but not limited to, https://hocattusa.com/, mobile  websites associated therewith, social media sites and all other software and services or properties operated or used, from time to time, by HUSA (collectively referred to as the “HUSA Sites”) except to the extent that such Services are the subject of a separate agreement.

1.2. By accessing or using any of the HUSA Sites you agree to comply with and be bound by these Terms of Use, the HUSA Privacy Policy, Cookie Policy, Disclaimer and Code of Conduct (collectively “HUSA User Policies”).

1.3. These Terms of Use will be effective as from the commencement of your use of the HUSA Sites and shall terminate upon your cessation of use of the HUSA Sites. Notwithstanding, the provisions as contained in these Terms of Use shall survive any cessation of use.

1.4. Before utilising or accessing certain parts of the HUSA Sites, you may be asked to indicate your acceptance of certain terms and conditions or the submission of any sensitive or private personal information by indicating your acceptance through clicking a button marked “I Accept”, “I Agree”, “OK”,”I Consent” or other words or actions that similarly acknowledge your consent or acceptance.

1.5. Use of the HUSA Sites is done solely at your own risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations.

1.6. In the event that you do not agree to the terms and conditions contained in these Terms of Use or in the HUSA User Polices, you must immediately desist in using and / or viewing the HUSA Sites.

2. MODIFICATIONS

2.1. HUSA, in its sole discretion and without notice, reserves the right to revise these Terms of Use at any time by posting revised Terms of Use on the HUSA Sites. Your use of the HUSA Sites signifies your acceptance of the Terms of Use posted at the time of your use and it remains your sole responsibility to review the Terms of Use posted at any given time.

3. LICENCE AND OWNERSHIP

3.1. Any and all intellectual property rights (“Intellectual Property”) associated with the HUSA Sites, and its contents (the “Content”) are the sole property of HOCATT Enterprises USA LLC, its subsidiaries, affiliates and / or authorised third parties. The Content and elements on the HUSA Sites, not owned by third parties, are protected by copyright, trademark, trade dress, unfair competition, trade secret and other laws in both the Unites States of America as well as other countries and may not be copied, downloaded, or imitated, in part or in whole without HUSA’s express written authorisation or any express authorisation contained in these Terms of Use.

3.2. The HUSA Sites are owned by HOCATT Enterprises USA LLC, its subsidiaries and / or affiliates.  You are hereby granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the HUSA Sites conditional upon your continued acceptance and compliance with these Terms of Use.

3.3. You are hereby authorised to use the HUSA Sites for your personal, non-commercial use and HUSA hereby reserves their right to revoke, suspend or bar any user’s access to the HUSA Sites and / or to terminate this license at any given time, without reason and without prior notice.

3.4. Unless otherwise expressly stated in these Terms of Use or any prior written consent obtained from HUSA, its subsidiaries and or its affiliates you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer the HUSA Sites or any content therein contained.

4. CODE OF CONDUCT

4.1. By accessing and using the HUSA Sites you agree to the following Code of Conduct. Should you not agree with the Code of Conduct you must immediately desist in use of the HUSA Sites.

4.2. In addition to any other restrictions as set forth in these Terms of Use, you agree that you will not upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:

4.2.1. is false, fraudulent, inaccurate, or misleading;

4.2.2. contains any personal information that is invasive of another’s privacy;

4.2.3. is protected by or would infringe on the rights of others, including but not limited to HUSA;

4.2.4. would infringe on any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary rights, without the express prior written consent of the applicable owner;

4.2.5. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially, ethnically or otherwise objectionable;

4.2.6. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

4.2.7. collects or stores any personal data of any other users of the HUSA Sites;

4.2.8. includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

4.2.9. is intended to cause harm, damage, disable, or otherwise interfere with the HUSA Sites in that it contains any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

4.2.10. intentionally or unintentionally violates any applicable local, state, provincial, national or international law.

5. PRIVACY POLICY AND COOKIE POLICY

5.1. Please refer to the HUSA Privacy Policy and Cookie Policy, which form part of this agreement, to obtain more information on how HUSA, its subsidiaries and its affiliates protect, use, store and discard your personal information. To view the respective policies, please click the relevant links below.

Privacy Policy
Cookie Policy

6. LINKS, CONTENT SHARING AND ADVERTISEMENTS

6.1. Any links to the HUSA Sites as posted by any third parties shall not be construed as an endorsement by HUSA, its subsidiaries and / or its affiliates of the organization, company, products or content from which the link originates.

6.2. Notwithstanding the above, any third party wishing to link to the HUSA Sites from their website must obtain prior written consent from HUSA which consent may be refused without the provision of reasons and may be granted on terms and conditions agreed.

6.3. In the event that the HUSA Sites provide any links, promotions or advertisements to or of any unrelated third parties, such links, promotions and advertisements are placed on the HUSA Sites purely for your convenience and shall not be deemed an endorsement of organization, company or product.

6.4. Any transaction concluded as a consequence of any content sharing or links to or from the HUSA Sites shall be done at your sole discretion and risk and shall be subject to such third party sites terms of use, privacy policy and the like.

7. DISCLAIMER OF WARRANTIES

7.1. HUSA, its subsidiaries and / or affiliates make no representations about the results to be obtained from using the HUSA Sites, any services or products offered and any information or content appearing thereon. The use of same is done at your own risk.

7.2. The HUSA Sites, the services, products, all information, and content are provided on an “as is” basis. HUSA, its subsidiaries and / or affiliates, to the fullest extent permissible by law, renounce all warranties, either express or implied, including but not limited to, the implied warranties of commercial or personal fitness for a particular purpose and non-infringement of third-party rights. HUSA, its subsidiaries and / or affiliates make no representations or warranties concerning the accuracy of the content or any information appearing on the HUSA Sites.

8. INDEMNIFICATION

8.1. To the fullest extent permissible by law, you shall defend, indemnify, and hold harmless HUSA, its subsidiaries and / or its affiliates from and against all claims arising from or in any way related to your use of the HUSA Sites and / or any information or content thereon whether such claim arises directly or indirectly from your use of the HUSA Sites and shall include but not limited to, any liability or expense, losses, damages, actual or consequential, judgments, litigation costs and attorney’s fees.

9. WAIVER AND SEVERABILITY

9.1. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.

9.2. In the event that any of the terms of these Terms of Use are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

10. COMPLETE AGREEMENT

10.1. These Terms of Use together with the HUSA User Policies, any revision thereof or any additional terms and conditions incorporated by virtue of reference, constitutes the entire agreement between you and HUSA regarding your use of the HUSA Sites and all associated actions.

11. WEBSITES AND CONTENT OUTSIDE OF THE UNITED STATES

11.1. Should you use or access the HUSA Sites outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

12. GOVERNING LAW

12.1. These Terms of Use and all matters arising out of or relating to your use of the HUSA Sites, irrespective of the jurisdiction in which you find yourself when accessing the HUSA Site, shall be governed by, construed in accordance with, and enforced under the laws of the State of Texas.

13. CONTACT INFORMATION

Should you have any queries relating to these Terms of Use or the HUSA Privacy Policy, please contact [email protected]