1.1 This agreement regulates the relationship between Sion Medical Ltd., the owners of the website www.sn-medical.co.il (hereinafter: "the website") or their successors (hereinafter: "the owners of the website"), the application of building surgical sets (hereinafter: "The application"), the owners of the application and the browser or user of the site's services (hereinafter: "the browser") in relation to browsing or using the site's services.
Browsing or using the site's services constitutes consent to what is stated in this agreement - if you do not agree to what is said in this agreement or if what is said in it is not relevant to your case, you are required to cease browsing or using the site's services.
1.3 The Introduction to this Agreement and its appendices are an integral part of this Agreement. This agreement exhausts the relationship between the browser and the site owners in everything related to browsing or using the site's services and / or the application.
1.4 What is said in the masculine language is also a feminine language in the meaning and vice versa, what is said in a singular language is also a plural language in the meaning and vice versa.
2.1 The browser is authorized to browse and use the site's services subject to what is stated in this agreement.
2.2 The browser declares that he has legal capacity to contract with the site owners in this agreement, and alternatively, that his contract with the site owners in this agreement has been given the consent of his guardian according to law.
2.3 As long as the browsing and use of the site's services is performed by the browser as a messenger, for any other body, whether individual or a group of people, the browser declares that he has the appropriate permission for browsing and use as stated and that the contract with the site owners in this agreement requires.
2.4 The browser is prohibited from making changes, copying, distributing, transmitting, displaying, reproducing, publishing, issuing a license, creating derivative works or selling an item from the items of information, software or services originating on the site. As a condition of using the site, the browser undertakes to the company not to use the site for any illegal purpose, and for no purpose prohibited under the terms, conditions and notices contained in this agreement.
2.6 The only commercial use permitted on the site is of the purchase of products in the virtual store.
2.7 The website and / or the application may at any time determine which are the services open to the general public free of charge and for which fee charged or if it is necessary to register on the website to receive and use them.
2.8 The browser undertakes to refrain from performing the following actions in relation to the site's services:
2.8.1 Browsing, scanning or using the site's services using computer software designed to collect information or perform actions in the manner of imitating a regular browser, including “Bots or Crawlers”.
2.8.2 Manipulation of the URL of internal pages, in order to reach internal pages to which the browser does not have direct access (URL Hacking).
2.8.3 Uploading content or performing actions that are in violation of the laws of the State of Israel or in general, including refraining from uploading or publishing content that may infringe copyright, trademark or trade secret of another, publishing defamation, profanity, or Invasion of another's privacy.
2.8.4 Performing an action in the design of the site, the source code, elements appearing on the site or the contents of the site, which the right to perform is given exclusively, according to the Copyright Law, 5768-2007 (hereinafter: "Copyright Law"), to the copyright holder, not in accordance with the provisions of this Agreement.
2.8.5 Impersonation of another person, another user or someone on behalf of the company.
2.8.6 Uploading and / or transferring any file that contains a computer virus ("virus") of any kind, including hostile software known as Trojan, Worms, Vandals, Malicious Applications (Malicious) and the like, and not performing any other action contrary to the provisions of the Computers Law, 5755-1995. (Hereinafter: "the Computers Law")
2.9 The owners of the site reserve the right to prevent the services of the site and / or the application and / or some of them, to cancel any registration for the site and / or the application and / or to cancel any access to the site and / or the application and all at the sole discretion of the site owners and without the need for prior notice.
3. Responsibility for adjusting the service and its availability:
3.1 The site and / or the application are not responsible in any way or manner for the accuracy of the content and services appearing on it, for their integrity, legality, reliability, correctness, up-to-date, availability and the like.
3.2 The website services are provided by IS-AS and the website owners do not guarantee the suitability of the website services for the browser or at all. The browser undertakes full responsibility when entering the site to determine whether the information matches his needs or sensitivity
3.3 It is the browsers responsibility to check, before using the site's services, that these are indeed suitable for his needs and the browser will not have any claim due to the site's services not being adapted to his needs or due to reliance on an incorrect figure.
3.4 It is the responsibility of the browser to verify before using the site services the correctness of his connection to the Internet - the owners of the site will not bear any responsibility due to damage that may be caused to the browser due to problems in his connection to the Internet
3.5 The Company may (but does not have to) remove, delete, or add content to the Site, in its sole discretion. The company will not have to justify such removal of any content and / or update the user before and / or after the removal, deletion, or addition of the said content.
3.6 Any service provided on the site and / or the application free of charge may in the future be given against payment at the discretion of the site or application at any time, as well as the site and / or application may add new services, paid or unpaid and cancel existing services without prior notice.
3.7 There is no guarantee for continuous operation of the site and / or the application, for one availability or another and there is no responsibility for any termination of service, initiated or not initiated. It is possible that the activity of the site and / or the application will be stopped, initiated or non-initiated, including for the purpose of performing any actions or for any other purpose that you see to the site's representatives is necessary in the circumstances and browsers and users will not have any claim as a result.
3.8 The Site does not provide program support to users.
4. Lack of responsibility for information:
4.1 The site is intended to provide information and services about products that the company offers.
4.2 The site does not purport to include medical information and does not provide medical advice or is a substitute for a medical opinion.
4.3 The site is intended to assist the public browsing in finding solutions in the areas in which the site deals and the information presented on the site or in the application should not be seen as a substitute for such advice.
5. Limitation of liability for damages:
5.1 The use of the website and its services is the sole responsibility of the browser. Notwithstanding anywhere else in this Agreement, it is clarified that in no event shall the Company be liable for direct or indirect damages, punitive damages, special or consequential damages, or any other damages of any kind and kind, including but not limited to, damages, for loss. The use, loss of data or loss of profits, resulting from or related in any way to the use of the site, delay in use or inability to use the site, delivery or non-delivery of services, or any information and service obtained through the site, or resulting in any other way from using the site.
5.2 The site will not be responsible, directly, or indirectly, for any result and / or damage and / or cost and / or loss of any kind and type caused to any of the users and / or third parties by or due to its use.
5.3 The Site attempts to monitor and test the content appearing on it to prevent the presence of harmful and harmful software such as viruses, Trojans, worms, or other malicious software, however the Site may not be responsible for the absence of such software. The browser is asked to use updated antivirus software when using the site. The site will not be responsible for any such software that causes any damage.
5.4 The Site may not be responsible for the hacking of the site, or the repositories maintained by it, by any hostile elements, beyond the use of reasonable security measures in the circumstances required.
5.5 Without prejudice to the generality of this section and for the sake of caution only, it is clarified that, the site will not be liable in any way or form for any damage, cost or expense caused, directly or indirectly, because of force majeure or any other event beyond the site's reasonable control.
5.6 The browser agrees that in using the website and / or the application, he assumes full responsibility for any damage that may be caused as a result.
5.7 As a precaution, it is hereby clarified that wherever in this agreement exempting the site from liability, the definition of the "site" will also include any manager, employee, shareholder, controlling shareholder, officer, operator, partner, agent and / or representative.
6. non-applicability to external services:
6.1 It is clarified that the website may contain links (Hyper-Links) to certain services, including credit clearing systems, the browsing or use of which is subject to additional terms or different from the terms of this agreement (hereinafter: "External Services").
6.2 In addition to the aforesaid, the website includes links to subsidiaries and / or related companies and / or business partners of the company, but links to other websites may also be included. It is clarified that some of the links may appear on the site as part of some cooperation or payment, but also regarding these links, the site clarifies that it is not responsible for them and that the responsibility for the content contained on those sites rests solely with those sites.
6.3 If the browser encounters a link that violates rights, a link whose content is infringing or a problem that is otherwise problematic - the browser is asked to draw the attention of the site and the matter will be examined. If the browser encounters an inactive link uploaded by the site's system - please notify the site manager.
7. Intellectual Property:
7.1 All rights (and not only the copyright) on the site and / or in the application, logo, name, and any work appearing on it, in any information, software, code, file, image and database belong to the site only and may not be used except with the site's prior written consent, including Not to publish them, reproduce them, change them and the like.
7.2 The trademarks appearing on the website are used by the website owners for the purpose of marking their products and may not be used without their express permission.
7.3 It is prohibited by law to make any use or copy, reproduce, display, distribute, use, or permit the use by a third party of any protected content from the contents of the site and / or the application, including the database about its products. It is clarified that the use of information to create alternative databases is strictly prohibited and constitutes a breach of agreement and copyright.
8. Privacy protection:
8.3 Browsing the site and using it constitutes consent on the part of the user that the company and / or third parties will perform computerized monitoring and monitoring of the user's browsing and use patterns on the site, inter alia through cookies and other similar means.
8.4 'Cookies' are text files, which your browser creates on command from the site's computers. Some cookies will expire when you close the browser and others will be saved on your computer (and not on the site).
8.5 If you do not want to get 'cookies' you can avoid this by changing the settings in your browser. Keep in mind, however, that disabling cookies may prevent you from using some of the services and features on the Site or other sites. In addition, you can delete the 'cookies' on your computer at any time. Do not do this unless you are convinced that you have first recorded all the details needed to use various sites in a safe place.
8.6. The Website may collect about you both information that you provide to the Website on your own initiative and information that will be collected by the Website during your visit to it. However, the site will not plant any code or software on your computer, except for the 'cookies' mentioned above.
8.7. When using the site, information may accumulate about your conduct on the site and the network, about products and services you purchased or requested to purchase, information or advertisements you read, the pages you viewed, the topics that interested you, the means of payment used, the computer you accessed and more. The information will be stored on the site.
8.9.1. To enable you to use the various services on the Site, as offered from time to time.
8.9.2. To improve and enrich the services and content offered on the site, including creating new services and content that meet the requirements and expectations of the users of the site, and to cancel any existing service and / or content.
8.9.3. For the purpose of creating personal areas on the sites, which you can adjust to your preferences, as far as relevant.
8.9.4. For the purpose of purchasing products on the website - including publishing information and content on your behalf.
8.9.5. To match the ads that will be displayed to your eyes when you visit the site to your areas of interest, as applicable.
8.9.6. To contact you if necessary.
8.9.7. For the purpose of any analysis and production of information, statistical or personal for the site as well as for advertisers and other third parties. Notwithstanding the foregoing, the information provided to any third party will be statistical only and will not personally identify you.
8.9.10. The site will not give your personal details to other advertisers.
8.10. According to the Protection of Privacy Law, 5741-1981, every person is entitled to review himself or by his power of attorney as specified in the law the information held on him in a database. You may request that the information be corrected or deleted. This process is defined by law.
8.11. The site complies with the requirements of the law and will respect any request to review, delete or change information, in accordance with the law.
9. Contact for service:
9.1. For questions or problems related to the Website or the App, you can contact the e-mail address: firstname.lastname@example.org or by fax +9728-6898572.
9.2. In order for us to process your request, it must include the following details: accurate details that identify you, accurate identification of the content for which your request is sent, an explanation of the nature of the request, sufficient means of communication that will allow us to contact you if necessary (active email address at least) add a statement that the complaint is true to the best of your knowledge and make sure that the entire complaint is correct and accurate, sign the complaint in your full name and send it to us according to the contact details mentioned above.
10. Change of conditions:
10.1. The Company reserves the right to change this Agreement from time to time. Only the rules contained in this agreement will bind the company towards users and browser of the site.
10.2. It is the responsibility of the browser to enter this page to find out if any changes have been made to this agreement.
11. Suggestions and Comments:
To avoid inconvenience, it should be emphasized that when sending suggestions or comments regarding the functioning of the site and its services, the sender waives all right in these comments and will not have any claim for not receiving, implementing, or transferring them to a third party.
12.3. Due to the special and dynamic nature of a website such as the website, users hereby agree that notwithstanding the provisions of any law, it will not be possible to file a claim against the website after two years (2 years) from the date of crystallization of the cause of action. Any claim filed after this date will be considered as consent as if it has become statute-barred and this waiver is considered as consent under section 19 of the Statute of Limitations Law, 1958.
12.6. Wherever in these terms and conditions where the responsibility of the "site" is specified, the intention is including the company that operates it, its shareholders, site operators, managers, employees, consultants, and anyone on its behalf as well as all services, software, information, data, addresses it allows to operate and any other information or design therein.
Appendix A - Rules:
Sion Medical Website Rules:
1.1. These Terms and Conditions constitute a binding legal agreement. The provisions of these Terms and Conditions shall apply to any use made by you (hereinafter: "the user / customer /browser") of the Sion Medical website (hereinafter: "the website") and of any purchase made by you through the website, including purchase through an application and / or telephone purchase, and constitute a binding agreement between you and Sion Medical Ltd. (hereinafter: "the operator of the site").
1.2. Read these Terms and Conditions in full and carefully.
1.3. The titles of the regulations and sections are for convenience only. For the avoidance of doubt, these Terms and Conditions will also bind any supplier to the Website Operator, and in any case, will not be construed as an agreement in favour of any third party.
1.4. Browsing the website and / or purchasing products or services offered for sale on it, constitutes your consent to accept and act in accordance with the regulations. Therefore, if you do not agree to the terms of its terms, you are asked not to make any use of the site.
1.5. For any questions and / or inquiries regarding the operation of the website and its activity, you can contact the company's customer service directly (using the contact details listed in these regulations below). The Company will make every effort to address any inquiries as soon as possible.
2. Additional instructions:
2.1. The use of the website is subject to adherence to the rules of the regulations. The responsibility of the operator of the site is limited as specified in this agreement. The operator of the site will not be responsible for actions between third parties.
2.2. The intellectual property rights of the site operator shall not be infringed and no intellectual property rights or any other right of a third party shall be infringed.
2.3. These additional provisions apply, without limitation, and without exception to other provisions, to all users of the site, including suppliers and advertisers, all as specified in sections 3-6, 8-14 respectively, which constitute fundamental clauses in this agreement.
2.4 The Company reserves the right to change the Terms and Conditions from time to time at its sole discretion, without the need to give prior notice and / or notice, subject to any law. The last wording as it appears on the website is the binding wording.
2.5. Without derogating from the aforesaid generality and without detracting from any other remedy or procedure, it is clarified that, the company may at its sole and absolute discretion prevent access by a user who, has performed and / or attempted to perform any action in violation of any law and / or the provisions of this policy and / or That it may in any way harm the company and / or its reputation, and / or the electronic records of the site, including the absorption of the details as entered by the customer, will constitute conclusive and final evidence of the correctness of the actions performed by the customer on the site.
2.6. Sending messages by the site in any way, including email and / or SMS as part of the site's operation and / or as part of providing a service to the site's users such as: sending a verification message, as defined above, reminders to complete an order, etc. does not constitute an "advertising message" The user hereby authorizes the sending of such messages by the site.
2.7. It is clarified that the company's service on the website and / or the regulations will not be considered a non-apartment offer for the sale of products, the user order will be considered an offer and acceptance will be made at the time of actual delivery.
3. Changes in the regulations:
3.1 These Terms and Conditions may be changed at any time by the site operator, at its sole discretion.
5. Violations and Remedies:
5.1 It is agreed that the records of the site and the systems of the site operator constitute an institutional record as defined in the Evidence Ordinance [new version], 1971, and will constitute absolute evidence of the correctness of what is stated therein. If there is a reasonable suspicion of infringement by a user or any third party, in cases of offensive content that infringes the rights of third parties or is invalid for any other reason, the site operator will act in accordance with the "Notice and Remove" procedure and remove the infringing content within a reasonable time.
5.2 Do not copy the contents of the site. Among other things, and without derogating from the provisions of any law, the content appearing on the site may not be copied, reproduced, distributed, published or used in any other way unless the site operator has given its consent, in writing and in advance.
5.3 The rights of third parties shall not be infringed. It is strictly forbidden to copy and / or publish images and / or trademarks and / or specifications and / or videos from the site and / or the site without prior written permission from the site operator or the appropriate rights holder. The operator of the site may initiate a notice and removal procedure in any case of suspicion of infringement of the rights of third parties, including intellectual property rights, copyrights, trademarks and any other right, at its sole discretion. Each party will be responsible for its actions and omissions including in connection with the content published by it. The operator of the site will not be liable for violations by third parties.
5.4 Exercising rights against the responsible party. In the event of a breach or injury by users, suppliers or third parties allegedly infringing, the site operator may transfer to the injured party the details of the party responsible for the infringing and / or infringing publication (hereinafter: "the responsible party"), at its sole discretion, and will not be raised Against her any claim on the part of the responsible party, including due to the delivery of his details as aforesaid, and on the part of the allegedly injured party, including in connection with any cause and / or claim and / or demand which is evident from a third party act or omission. The allegedly injured party will not take legal action in the cases as stated above against the site operator at least as long as the proceedings against the allegedly responsible party have not been exhausted.
5.5 Conduct Instructions. Without prejudice to any other provision, the following instructions shall apply to any user, including a supplier, as well as to a product or service on the site:
5.5.1 Users are committed to the fair filling in of accurate and correct details. Without derogating from the generality of the aforesaid, it is clarified that the submission of false details is a criminal offense.
5.5.2 Users are strictly prohibited from using offensive, / or obscene language and / or content that may offend and / or defame and / or that may in any way constitute defamation and / or violation of any provision of law. A user who has violated this section, will sue the operator of the site, immediately upon its first demand, including in respect of any demand, claim or appeal that is directed to it by any third party.
5.6 Without derogating from the above, the site operator may, but does not have to, take all legal measures available to it, against users who violate the provisions of any law and / or the provisions of these regulations. In cases of such violation, the site operator may immediately remove any user and / or content and / or product from the site and / or transfer the user's details to any statutory authority and / or any other party, and / or take any other step required in the circumstances at its discretion. The absolute operator of the site.
5.7 It is hereby clarified that the website operator may edit and / or correct and / or add and / or delete and / or not weigh and / or not display any content item or any part of it at all, and all without being obliged to notify in advance or retrospectively
5.8 The operator of the website may publish on the website, or in any other means or media, the contents and / or part of them, including user feedback data or any part of them and / or use them for any other purpose, including advertising the website, and users will have no claim against Such publication.
5.9 The operator of the site has no way of tracing the identity of the users of the site and their motives and has not and will not have any responsibility in connection with them.
5.10 As a general rule, the site operator may display the content or part of it automatically. All contents are presented as is (AS-IS), without checking their veracity and / or accuracy. The operator of the site will not be liable of any kind or type for direct or indirect damages as they are caused to any party, including users, because of and / or in connection with the content.
5.11.1 the perpetrator of the action committed an illegal act and / or violated the provisions of the law.
5.11.2 the perpetrator of the operation violated a condition of the terms of the regulations.
5.11.3 The performer of the operation provided misleading details during the registration and / or afterwards, in writing or by telephone.
5.11.4 The operator of the operation committed an act or omission that could harm the operator of the site and / or anyone on its behalf and / or the proper operation of the site and / or any of the suppliers and / or any third party.
6. Disclaimer and Limitation of Liability:
6.1. Limitation of General Liability. The site operator will not be liable for any damage caused in connection with or because of the use of the site, including in respect of any act and / or omission of the site operator.
6.2. The operator of the site will not bear any responsibility or liability except as expressly stated in this agreement and in accordance with the provisions of the law which must not be conditioned on them.
6.3. The liability of the site operator, in any case, shall be limited to the maximum extent permitted by the provisions of any law. This does not derogate from any binding legal provision, including the Consumer Protection Law, 1981.
6.4. Lack of warranty for products. The operator of the site and / or anyone on its behalf are not responsible for the service and warranty for the products offered and provided on the site after their sale, including the warranty for them, their repair and / or the supply of spare parts.
6.5. Lack of responsibility for technological services. The operator of the site makes every effort to maintain the integrity of the site's operations. However, the operator of the site does not guarantee that the service on the site will not be interrupted, will be provided properly without initiated or other interruptions, malfunctions, or malfunctions - including malfunctions in hardware, software or communication lines, and will not be responsible in any way for malfunctions and / or disruptions Or on Bezeq lines and / or on international communication lines that enable dial-up access services to the Internet. Without derogating from the aforesaid, the operator of the site will not directly or indirectly bear any responsibility for any technical problem that prevents you from ordering a product through the site and / or updating an order and / or performing any action through the site
6.6. Lack of responsibility for actions in violation of the law. The operator of the site will not bear any responsibility for illegal activity performed by participants in the site during sales on it or for any other factor.
6.7. Cancellation of a transaction is an exhaustive and final remedy. The exclusive and exhaustive remedy that the user will have in the event of a fundamental breach of any contract for ordering a product or service will be the cancellation of an order, and the user will have no further claims against the supplier or the operator of the site.
6.8. Lack of liability in case of obvious error. If there is an unusual and obvious clerical error on the face in describing a product or service, such as a price quoted in pennies instead of shekels, this will not obligate the site operator. The product images on the website are for illustration purposes only and there may be differences between the images displayed on the website, some or all of them, and the products sold.
6.9. Lack of liability for indirect or special damages of any kind. Without derogating from the generality of the above, the operator of the site and / or anyone on its behalf will be responsible for only direct and tangible damages caused to the user or third party, because of use or purchase through the site, and will not bear any indirect, consequential or special damage, including loss of income That will cause for any reason
7.2 Information. Information about a particular user or in general will include, among other things, all the information provided, directly or indirectly, to the site operator at the time of registration to the site and / or thereafter and / or details related to and / or resulting from his activity on the site, including information collected about the user and performing operations on the site.
7.3 Retention and transfer of information. The user is aware, and he hereby agrees that all information about him will be stored in the databases of the site operator.
7.4 Without derogating from the generality of the aforesaid, in registering on the site, the user authorizes the site operator to store such information and to transfer, as required, such information to related parties, including companies held by the site operator (subsidiaries) and / or holding the site operator (parent company) and / Or are held by the same owners (sister companies) and / or any company associated with the operator of the site in business activity or in any other way, all, alone or with others (hereinafter: "related parties").
7.5 Consent to receive advertisement. At the time of submitting the user's details, including registering on the site and / or submitting an email address and / or when placing an order, the user agrees and authorizes the site operator and / or related parties to send him any means of communication and at its discretion messages of any kind regarding his activity and / or site activity and / Or to other website activities from the website operator group, including websites operated and / or managed by the website operator and / or related parties, including offers to purchase a property or service and / or advertising mailing of any kind and / or system messages and / or service messages and / Or other messages to customers
7.6 Request for removal under the Communications Law: You may, at any time, request to be removed from the site operator's mailing list, including by clicking on the removal link at the bottom of any email sent to you by the site operator, in which case
7.7 Request for removal under the Privacy Protection Law: Alternatively, you may request your deletion from the website operator's database, in which case all entries concerning you except the deletion request itself and data about actions performed by you on the site including orders will be deleted.
7.8 The username and password must be kept confidential. The username and personal password are for personal use only. In no event will the operator of the site be liable for any breach of privacy or any other breach caused due to unauthorized use of the username and personal password.
7.9 Permission to transfer user information to third parties. The user hereby authorizes the operator of the site to transfer his details to third parties, including related parties, as defined above, inter alia for the purpose of providing the services, and to courier companies and / or similar product providers and / or service providers, including for the delivery of the product or service ordered on the site.
7.10 Transmission of information without identifying details. The operator of the site may use the information you provide for the purpose of analysing statistical information and submitting it to related parties and any other party for the purpose of examining the number of visitors to the site, segmenting shopping habits, generic segmentation, adjusting advertising ads according to browsing habits and any other purpose, among other things. at him. In this case, the data will be anonymous and will not refer to you personally or identify you, and it will be possible to make any use of the information and transfer it without restriction.
8. The interpretation and enforcement of these Terms and / or any action or dispute arising therefrom, shall be done in accordance with the laws of the State of Israel, and will be clarified if necessary, by a lawyer (arbitrator) knowledgeable in the fields of Internet, technology and computers. If there is no agreement between the parties within 30 days from the date on which such appointment is requested, the arbitrator will be appointed by the head of the Computer Committee of the Bar Association and in his absence, by the Head of the Tel Aviv District of the Bar Association. The arbitrator will give reasons in writing, will be subject to the substantive law in the State of Israel without the provisions of international law, but will not be subject to the evidentiary law. This section constitutes an arbitration section for all intents and purposes under the Arbitration Act.