Terms of Use

Please carefully read this Terms of Use agreement (the “Agreement“) before using the Services (as defined below) of OHH-MED MEDICAL LTD p.c. 515601200 (hereinafter: “OHH-MED” or the “Company“) of 1 Tziv’onit St., Tiberias 1410002, so that you are aware of your legal rights and obligations with respect to the Company in connection with the use of: (i) the Website (as defined below); and (ii) the OHH-MED app mobile software application (the “App”). The Website and the App are individually and collectively referred to herein as the “Services”.

The Services are an informative and marketing platforms for the Company’s medical equipment that aims to market a home medical device for the treatment of erectile disorders. Use of the Services indicates that you have read and understood the Terms of Use and have given your consent to these Terms. You may use the Services only in accordance with the rules set forth or referred to in this document.

You are requested to review the current wording of these Terms from time to time (hereinafter: “Terms of Use“) at https://vertica-labs.com/en-il/term-of-use/. The Terms of Use are formulated in masculine for convenience only, and they refer, of course, also to women.

If you do not agree to the Terms of Use as an agreement that binds you, please do not use the Services.

 

1. Definitions

In this document, the following terms will have the meanings specified below:

  • The “Website” or the “Site” – the website of OHH-MED and any content or contents contained therein (including the blog appearing on the Website).
  • “User” or “Users” – whoever makes any use of the Services
  • “Use of the Services” – including but not limited to any existing and updated version, change, improvement, update and/or upgrade of the Site or the App.
  • “Content” or “Contents” – includes information of any kind and type, including any verbal, visual, audio, audio-visual, or any combination thereof, as well as their design, processing, editing, distribution and presentation, including (but not limited to): any image, photo, illustration, animation, chart, character, simulation, sample, video, audio and music file, any software, file, computer code, application, format, protocol, database and interface and any character, sign, symbol and icon.

 

 2. The purpose of the Site

  • The purpose of the Services is to make accessible, market and share online relevant information about the Company’s medical equipment.
  • Pictures, illustrations, sketches, diagrams, plans, specifications, designs, and all the details that appear on the Site are for illustration purposes only, and do not in any way obligate the Company and/or anyone on its behalf.
  • The Company hereby clarifies that the information contained on the Site and/or the App is for general and informative purposes only, solely as a service for the User, and does not constitute a substitute for medical advice.

 

3. Limitation of Liability

  • The Company is not responsible either directly or indirectly for the content published on the Site and/or the App and for any damage that may result from Use of the Services. The User hereby declares that he knows that he is solely and fully responsible for any Use of the Services by him and/or Use of the Company’s services by him.
  • Any reliance on statements, expression of opinion, advice or any other information displayed on the Site and/or the App is made at the User’s discretion and sole responsibility.
  • OHH-MED does not guarantee that the Services will not be disrupted, will be provided properly or without interruptions, will take place safely and without errors, and will be immune from unauthorized access to OHH-MED’s computers or from damage, breakdowns, malfunctions or failures – all in the hardware, software, lines, communication systems at OHH-MED or at one of its providers.
  • The Services are provided to you “As Is” and “As Available” without any obligation and/or presentation and/or responsibility of any kind, express or implied, and you will not have any claim, suit or demand towards OHH-MED in respect of the Services, their capabilities, their limitations or their adaptation to your needs. OHH-MED does not guarantee that the Services will meet your requirements or that the operation of the Services will be carried out without interruptions or without errors. To the extent permitted by law, OHH-MED hereby excludes any liability, including liability for the right of property or non-infringement of the right of property, commercial quality and suitability for a particular purpose. OHH-MED is not responsible and does not guarantee the accuracy, completeness, usages or reliability of the results that will be achieved through the Use of the Services. OHH-MED shall not be liable, whether under contract law, tort law (including tort of negligence) or in any other way, to you or to any third party for indirect, special or consequential damages, and any loss or damage to business income, loss of profits or reputation, and lost or damaged data or documentation, caused to any person, which arises and/or relates to and/or is connected to the Use of the Services, even if OHH-MED was aware of the possibility of such damages.
  • You acknowledge that after reading and understanding the Terms of Use in general and the terms of Limitation of Liability in particular, you accept the terms of Limitation of Liability that form part of the Terms of Use, and that you are aware that these terms constitute an essential part of the Terms of Use, and you confirm that this was taken into consideration in your decision to take upon yourself the Terms of Use.
  • For the avoidance of doubt, it is clarified that the terms of acceptance of liability set out in this section 3 in particular or in the Terms of Use in general do not derogate from the liability of the Company under any law.
  • App Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into these Terms of Use by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.

 

4. The Company’s intellectual property and the customer’s license of use

  • All intellectual property rights (including, but not limited to, computer code, platforms, algorithms, technology, design, information, services, text (including reports and articles), files, video clips, images, applications, sound and music, copyrights, trade secrets, trademarks, patents, etc., and any other proprietary content and any enhancement or derivative work) existing on the Services, and/or attached, linked to or referring to the Services, are the sole property of OHH-MED and will remain its sole property as aforesaid. This Agreement does not transfer to you any right to the Services and/or in connection with it and/or any content or contents related to it, but only a limited right to use it in accordance with the terms of this Agreement. You may not copy, distribute, publicly display, perform publicly, transfer to the public, modify, process, create derivative works, sell or rent any part of the foregoing, whether by you or through or with a third party, in any way or by any means whether electronic, mechanical, optical, means of photography or recording, or by any other means and manner, without obtaining prior written consent from OHH-MED, as the case may be and subject to the terms of the consent (if given).
  • Third-party software and content components, including open code and CC, will be subject to licensing by that third party.
  • Except as expressly permitted in this Agreement, you agree not to: (a) sell, grant license (or sublicense), lease, assign, transfer, mortgage or share your rights under this Agreement to any other person; (b) use the Services for any illegal, immoral, or unauthorized purpose.
  • Insofar as you send OHH-MED comments, suggestions or materials relating to the development, design and/or promotion of the Services, we must make it clear that you will not be entitled to any consideration for any of OHH-MED’s use of them, and you hereby grant OHH-MED a royalty free, irrevocable, worldwide license to use any such suggestion at its sole discretion.

 

5. User’s undertakings

  • You undertake (A) to make only personal, non-commercial use of the Services, subject to the Terms of Use; (B) not to impersonate another; (C) not to sell, grant a license (or sub-license), rent, assign, transfer, encumber and/or share with any third party any part of your rights under the Terms of Use; (D) not to transfer, distribute, copy, make available to the public and/or broadcast the service and/or any part thereof; (E) not to refer to the service by using Deep Linking or Framing; (F) not to use the Services and/or distribute any part of it in jurisdictions where this action and/or any part of the service constitutes a violation of the law, or where this action will subject the Company and/or any of the parties related to it to a registration obligation of such legal jurisdiction or state; (G) not to make, encourage, promote, guide and/or assist another to make any use of the Services that is illegal, offensive and/or harmful; (H) not to use the Services and/or any part thereof in an unauthorized manner and/or use the Services using unauthorized methods and means, including inter alia robots, worms, spiders and/or any other automatic means; (I) not to change, translate, reverse engineer (unless the applicable law expressly prohibits the imposition of such restriction), make any attempt to interpret the algorithms, ideas or methods inherent in the Services and/or discover the source code of any part of the Services and/or any software related to it and/or to create derivative works thereof; (J) not to make any Use of the Services in a manner that may reveal and/or distribute the source code of any part of the Services and/or that may subject the Company to the obligation to reveal and/or distribute the source code of the Services and/or of any part thereof and/or make any use that may give a third party the right to modify or create works derived from the Services and/or source code; (K) not to burden the service and/or server of the Services and/or any User’s access to the Services. The Use of the Services requires an active connection to the Internet. You are solely responsible for arranging and paying for such connection as well as for any service, equipment, or device you may require for access to and use of the Services.
  • You undertake to protect and indemnify the Company and those on its behalf, including and without prejudice all its owners, managers, officers, related parties and employees against any loss, expense, costs, claims, compensation (including expenses due to attorney’s fees, expert rates and all other expense related to litigation and/or collection) arising from and/or in any way related to a breach of the Terms of Use.

 

6. Commercial content

  • To the extent that the Services contain links to external services and resources, the Company does not control the availability and content of those services and resources. Such links are available to you in the service only for your convenience and the Company is not responsible for such links and/or content. If you leave the Services by clicking on a link and/or consuming and/or watching and/or making any use of content that is not on behalf of the Company, know that you do so at your own risk. The Company shall not be liable for any damage, loss or invasion of privacy caused for any reason related to the services, information and/or any content provided by other websites and/or applications. The Company does not make presentations and/or give promises and/or recommendations and will not have any responsibility for any content provided by a third party. We recommend that when you are directed to links, websites, applications and content of third parties, be careful and read in depth and obey the terms of use and privacy policy of such sites, applications and content and make sure that the service is appropriate for your age and the nature of your use of the Services.
  • If the Services and/or works you own are displayed in a manner that you believe infringes on your privacy and/or are offensive and/or constitute libel, you are welcome to contact the Company with a request to remove it at [email protected] with an accurate reference (including URL) to the offensive content as well as contact details, name and identifying details. If the content is indeed found to be offensive, it will be removed by us, and you will be notified.

 

7. changes, termination of Services and support

  • OHH-MED has no obligation under this Agreement to provide support, maintenance, upgrades, modifications or new versions of the Services.
  • OHH-MED may change the Services from time to time, including the structure of the Services, its scope, availability and any other aspect involved, including the removal of an existing service and addition of other services – such change will not require any notice be given by OHH-MED. Such changes will be made, inter alia, taking into account the dynamic nature of the Internet, the technological and other changes that take place in it, due to an upgrade of OHH-MED’s system, adding or removing content or any change that OHH-MED deems appropriate to make. By their nature, such changes may involve malfunctions or initially cause discomfort, etc. You will not have any complaint, claim or demand towards OHH-MED in relation to such changes, or malfunctions that may occur in the course of their implementation.
  • OHH-MED makes efforts to maintain the integrity of the Services for you to enjoy and benefit greatly from the Use of the Services. If you become aware of any error or mistake on the Services, please notify us by email at [email protected]/en-il. OHH-MED cannot guarantee that every fault will be resolved, and OHH-MED is at your disposal for any individual problem.

 

8. Termination of the engagement

  • OHH-MED will be entitled to terminate the engagement with a User or block the User from performing actions if there is fear of a violation of the Terms of Use or unauthorized use. OHH-MED is not required to give prior notice but will notify the User immediately upon blocking via the Services or email.
  • OHH-MED is entitled at any time to stop the provision of the Services or make changes to it, in whole or in part.
  • OHH-MED’s current Privacy Policy is available at all times at https://vertica-labs.com/en-il/privacy-policy/ and is an integral part of these Terms of Use.

 

9. Sundries

  • This Agreement and its interpretation shall be governed solely by the laws of the State of Israel (without giving effect to the rules of choice of international law set forth therein). The competent courts in the Tel Aviv-Yafo district shall have exclusive jurisdiction in any dispute or disagreement that may arise between the parties as a result of this Agreement.
  • This Agreement represents the entire agreement regarding the service and in respect of the subject matter of the Agreement. If it is determined that any provision contained in this Agreement is not enforceable, then such provision will be reworded but only to the extent necessary to make it an enforceable provision.
  • OHH-MED shall be entitled, at any time, to change the Terms of Use or cancel parts of them, in which case, they will be valid in respect of the Users upon their inclusion on the Services. OHH-MED shall publish a notice of any material change as stated on the Services. It is your responsibility to keep up to date with any changes that may occur, if any, to the Terms of Use. All new features that will be made available to you on the Services as of the date of the Services’s last update will be automatically subject to this Agreement. Your continued use of the Services after any change as aforesaid, shall constitute a sign of your agreement to that change.
  • OHH-MED shall be entitled to transfer and/or assign, at any time, its rights and obligations in respect of the User to a third party.
  • Any conduct, waiver, avoidance of action and/or delay on the part of the Company in exercising its right under this Agreement and/or the law shall not be considered a waiver of any right or consent to any breach or non-compliance with the terms of this Agreement or as giving a postponement or extension or as a change, cancellation or supplement of any condition, unless made in writing and expressly.
  • The provisions of Articles 3, 4, 6, 7 and 9 of this Agreement shall continue to apply upon termination of this Agreement, for any reason.
  • Failure to exercise OHH-MED’s rights under the Terms of Use shall not be deemed a waiver by OHH-MED to such rights.
  • The Company may endorse this Agreement, in whole or in part, subject to its sole discretion. You may not endorse and/or transfer this Agreement to a third party without obtaining the Company’s prior written consent.
  • This Agreement does not confer any rights on anyone who is not a party to it, and this Agreement does not constitute a contract in favor of a third person within its meaning in the Contracts Law (General Part), 5733 – 1973.

 

10. Contact details

  • OHH-MED MEDICAL LTD, 1 Tziv’onit St. P. O. Box 98, Tiberias 1410002 [email protected]

 

Last updated: May 2024

 

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