1. Acceptance of Terms

These Terms of Use (“Terms“) constitute a legally binding agreement between Medtechnica Ltd. (“Company” or “Medtechnica“) and you, the user (“User“). By accessing the Company’s website located at https://medtechnica.co.il (“Site“), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
If you are under the age of 18, the following content may be complex. You should consult with a responsible adult before using the Site.
The headings used in these Terms of Use are for convenience only and shall not be deemed to constitute a part of these Terms of Use or operate to limit or expand the scope of these Terms of Use
Medtechnica reserves the right, in its sole discretion, to modify or amend these Terms, in whole or in part, at any time, and your use of the Site constitutes your agreement to be bound by such modifications or amendments. You are responsible for reviewing the Terms prior to undertaking any action on the Site and you are responsible for reviewing these Terms from time to time. In the event that Medtechnica, in its sole discretion, determines that updates to the Terms constitute a material change, we may notify you of such changes by a notice posted on the Site. Notwithstanding the foregoing, the Company is not obligated to notify the User of changes to the Terms. Your continued use of the Site following any change or modification to these Terms constitutes your express acknowledgment and acceptance of the amended Terms. All new and/or amended Terms shall be effective immediately upon posting and shall apply to your use of the Site from that date forward, except for material changes that may become effective 3 days after the change is made and identified as material. If you do not agree to the Terms, you hereby agree to refrain from connecting to or using the Site.

2. Access to the Site

It is your responsibility to ensure that the computer you use meets all technical specifications required to access and use the Site. You are responsible for all payments, expenses, fees, and the like, charged by third parties related to your access to and use of the Site. Medtechnica cannot guarantee that the Site will always operate without interruptions, delays, or errors. There are a number of factors that may affect the quality of your communication and use of the Site and may result in your inability to communicate, including, but not limited to, your local network, firewall, internet service provider, public internet, and power supply. Medtechnica shall not be liable for any interruption, disruption, or delay caused by any problem or incompatibility with any of these or other factors beyond Medtechnica’s control.

3. Permission to Use the Site

Subject to your compliance with these Terms, Medtechnica grants you a personal, limited, non-exclusive, and non-transferable right to access and use the Site. You acknowledge that your right to access and use the Site is subject to these Terms and that if you breach or at any time fail to comply with any of these Terms, your right to access and use the Site shall immediately terminate.

4. Terms of Use

You hereby represent and warrant that you have the full right and authority to use this Site and be bound by these Terms. You agree to comply fully with these Terms and to abide by all applicable local, national, and international laws, regulations, statutes, and ordinances in connection with your use of the Site.
You agree not to deceive or attempt to deceive Medtechnica or other users, and that you will not act in bad faith in your use of the Site. If Medtechnica determines that you have acted in bad faith and/or in violation of these Terms, or that your actions are not conducted according to reasonable standards, Medtechnica may, in its sole discretion, prohibit you from using the Site.
In addition to the foregoing, and by way of example and not as a limitation, you consent to not:

1. Access the Site if you are prohibited from doing so under the Terms or any applicable law;
2. Copy, rent, lease, sell, transfer, assign, sublicense, decompile, reverse engineer, or disassemble (unless expressly authorized by Medtechnica or as permitted by applicable statutory law), adapt, or modify any portion of the Site;
3. Upload or transmit (or attempt to upload or transmit) any files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Site or the computers or mobile devices of other Site users;
4. Violate the contractual, personal, intellectual property, or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise publishing any information or material made available through the Site in any manner that infringes on copyrights, trademarks, patents, trade secrets, or any other rights of any party (including rights of privacy or publicity);
5. Create false identities, multiple identities, or use bots or other automated software programs to deceive or otherwise violate these Terms and/or the terms of service of any third party;
6. Prepare and/or present any presentations regarding and/or in connection with Medtechnica that have not been previously approved in writing by Medtechnica. You must obtain Medtechnica’s prior written approval for the content of any marketing material and for any use of Medtechnica’s trade name and/or trademarks and/or designs in connection with the Site;
7. Violate any applicable law or regulation or to encourage or promote any unlawful activity, including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking, or distributing counterfeit software, or committing fraud or hacking the Site;
8. Attempt to intercept, disrupt, or decode transmissions to and from the Site’s servers.

5. Intellectual Property Ownership

Medtechnica and/or its affiliates retain all rights in and to the Site (including without limitation, any applications, software, designs, methods, graphics, text, information, pictures, video, audio, music, and other files, and the selection and arrangement thereof) (collectively, the “Site Materials“). All Site Materials are protected by applicable copyright, trade secret, patent, and trademark laws, international treaties, and other laws protecting intellectual property and proprietary rights. You may not, and you may not permit any third party to, adapt, reverse engineer, disassemble, decompile, copy, transfer, create derivative works of, rent, sublicense, distribute, reproduce, frame, republish, download, display, transmit, upload, lease, sell, or otherwise exploit in any way or by any means, in whole or in part, any of the Site Materials for any purpose other than for your use of the Site in accordance with these Terms or otherwise use any of the Site Materials without Medtechnica’s express prior written consent. Any other use of the copyrighted or trademarked materials, including any derivative use, requires Medtechnica’s express prior written consent. Any reproduction or redistribution of the materials not in accordance with these Terms is expressly prohibited and may result in termination of your access to the Site and may subject you to civil and criminal penalties.

You are not required to provide Medtechnica with any feedback or suggestions regarding the Site or any of the Site Materials. However, if you do provide Medtechnica with any comments or suggestions for modification, correction, improvement, or enhancement of the Site, then, subject to the terms and conditions of these Terms, you hereby grant to Medtechnica a non-exclusive, worldwide, irrevocable, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Medtechnica chooses and to display, perform, copy, reproduce, create, make, use, sell, offer for sale, and otherwise dispose of the Site Materials that embody such comments or suggestions in any manner and media Medtechnica chooses, but without any acknowledgement of the source of such comments or suggestions.

Any feedback, suggestions, opinions, and advice as aforesaid, and any other information expressed by any third party on the Site represents solely the views of such third party and not those of Medtechnica. No reliance should be placed on the above feedback, suggestions, opinions, advice, or other information.

6. Limitation of Liability

You agree that your use of the Site is at your sole risk. Subject to applicable law, Medtechnica and its affiliates, its shareholders, directors, officers, agents, consultants, and/or employees shall not be liable for any damages whatsoever, whether express or implied, in connection with the Site and your use thereof.

Any general professional publications presented on the Site are not intended to constitute advice or opinions and do not replace the need to obtain personalized professional advice from a qualified professional regarding the user’s specific personal circumstances. Without limiting the foregoing, Medtechnica is not responsible for the accuracy or completeness of any general medical information presented on the Site, including explanations of tests and risks associated with medical procedures that are not directly related to the user, and it is the User’s sole responsibility to conduct any further or additional examination and obtain appropriate professional advice (medical or otherwise) as necessary.

Please note that there may be typographical errors, errors in formulation, clerical errors, and such, as well as errors caused by the intrusion of unauthorized parties, in the information appearing on this Site. Medtechnica shall not be liable for any damage caused by any such errors, and in particular, Medtechnica shall not assume any liability or responsibility for any:

1. Error, inaccuracy, or inconsistency in any content;
2. Direct, indirect, special, incidental, punitive, or consequential damages, including but not limited to personal injury, property damage, and financial damages, any medical damages of any kind, arising from the use of or inability to use the Site;
3. Disruption or termination of data transmission to or from the Site;
4. Bug, virus, Trojan horse, or other malicious code transmitted to or from the Site by any third party;
5. Outcomes generated as a result of using the Site;
6. The quality of any information or other material obtained by you through the Site;
7. The completeness, accuracy, and reliability of any material posted, displayed, or offered on the Site; or
8. Any error or omission in any content or for any loss or damage of any kind resulting from the use of any content uploaded, posted, transmitted, or otherwise made available through the Site.

Notwithstanding anything to the contrary contained herein, Medtechnica, its shareholders, directors, officers, agents, contractors, partners, consultants and/or employees shall in no event be liable to you or any third party for any special, direct, indirect, incidental, punitive, or consequential damages whatsoever, including any loss of profits or data, arising out of or in connection with your use of the Site or any other materials on, or accessed through, the Site, whether based on warranty, contract, tort, or any other legal theory and whether or not Medtechnica has been advised of the possibility of such damages.

7. Third-Party Materials

You may be able to access, review, display, or use resources, content, information, or links from third parties, to other sites or resources (“Third Party Materials“) through the Site. Third Party Materials are not under the control of Medtechnica, and you acknowledge that you assume sole responsibility and risk for your use of, and reliance upon, any such Third Party Materials. Medtechnica shall not be liable for any damages or losses whatsoever resulting from your access to or use of any Third Party Materials through the Site. You acknowledge and agree that Medtechnica:

1. Is not responsible for the availability, accuracy, completeness, quality, and/or legality of such Third Party Materials and/or the products and/or services available through such Third Party Materials;
2. Is not liable to you or any third party for any damage, injury, or loss resulting from your access to or use of such Third Party Materials; and
3. It does not make any promise to remove the ability to access Third Party Materials through the Site. Your ability to access links to Third Party Materials or Third Party Services does not indicate any sponsorship by Medtechnica of any Third Party Materials or Third Party Services.

8. General Terms

By using the Site, you agree that the laws of the State of Israel, without regard to conflict of law principles, shall govern these Terms and any dispute of any sort arising between you and Medtechnica. Any and all claims or disputes arising out of or relating to your use of the Site shall be resolved exclusively in a court of competent jurisdiction located in Tel Aviv, Israel, and you hereby consent to, and waive any claim of lack of local jurisdiction and inconvenient forum with respect to venue and jurisdiction in the courts of Tel Aviv, Israel. Notwithstanding any statute of limitations to the contrary, you agree that any claim or cause of action arising out of or related to your use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

The failure of Medtechnica to enforce any provision of these Terms shall not constitute a waiver of the right to enforce such provision or any other provision at a later time. If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms shall be deemed the complete and exclusive statement of the mutual understanding of the parties and supersede all prior or contemporaneous communications, representations, or agreements, relating to the subject matter hereof.

9. Contact

If you have any questions regarding these Terms or any other matter related to this Site, please contact us at the following email address: orens@medtechnica.co.il

Last Update: October 2024