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    Rules and Regulations for Medtrix Israel Ltd.’s Website, Operating the Sharan Medicine at Home Service

    1. General
      • The website wordpress-987550-3477408.cloudwaysapps.com (the “Website”), is used by the Website Operator’s clients, and therefore any use of the Website is subject to each Website surfer (a “User” or “Customer”) reading and agreeing to the terms of use set forth below in these Regulations (the “Regulations”) as amended from time to time.
      • The Website is operated and managed by Medtrix Israel Ltd., Company No. 51-307003-7, of 5 Kinneret Street, Besser Tower No. 3, Bnei Brak (the “Website Operator”), and is the official website of the Website Operator.
      • The Website Operator is entitled, in its exclusive discretion and without prior notice, from time to time to change the terms of use set forth in these Regulations, as well as the structure of the Website and/or the content appearing on it, including the cessation of Website activity and/or part of it.
      • The terms of use set forth in these Regulations will be binding on the User from the moment they are posted on the Website, and will also apply to the User’s use of other online channels operated by the Company.
      • The validity of the terms of use set forth in these Regulations is indistinguishable from a legal contract for all intents and purposes, and constitutes the only legal basis of relations between the Website Operator and the User in connection with the use of the Website and/or information appearing on it. Any action taken by the User on the Website (including viewing the information and content appearing on the Website) will be subject to the User’s absolute consent to all the terms of use specified in these Regulations.
      • The User hereby declares, that he has carefully read the contents of the terms of use set forth in these Regulations, and that he agrees to all the provisions and terms and conditions of these Regulations, without exception, and the User and/or those on his behalf will have no claim and/or demand and/or legal action and/or claim, directly and/or indirectly, against the Website Operator and/or anyone on its behalf, in connection with the terms of use specified in these Regulations and/or its application to the User and/or in respect of the use of the Website and/or changes made to the Website and/or any malfunctions on the Website. To the extent that the User does not agree to the terms and conditions of use specified in these Regulations and/or is not satisfied with the information appearing on the Website, he is required to cease using the Website and his right to use the Website and/or the information contained therein, shall expire.
      • Some of the contents of the terms and conditions of use set forth in these Regulations are worded in the masculine form, for convenience only, but are intended for both women and men alike.
      • The User declares and acknowledges, that the information displayed on the Website and/or any part of it, is the exclusive property of the Website Operator, that the Website Operator reserves all rights in copyright, ownership of intellectual property, content, Website code, and all the designs on the Website and/or any part thereof, and that the User will use the Website and its contents for his personal use only, and undertakes not to copy, photograph, reproduce, transmit, print, or publish the information appearing on the Website, and not to make any other use of the Website and/or the information appearing on it and/or part thereof, and not to grant any right to any person and/or entity to perform such actions without the Website Operator’s prior written consent. The User is furthermore not authorised to distort or otherwise change the information, or take any action that may harm the accuracy and reliability of the information or the dignity or reputation of the Website Operator and/or any other party.
    2. Actions on the Website
      • Every User will be entitled to perform actions on the Website, subject to the terms and conditions of use specified in these Regulations, and as long as he has an e-mail, an active Internet network, and a valid identity card.
      • The forgoing notwithstanding, the Website Operator will be entitled to prevent any User from accessing and/or using the Website on the occurrence of one or more of the following: (A) The User has intentionally provided false information, or performed any act of fraud, etc. through the Website; (B) If in the Website Operator’s opinion, actions that are not permitted under the terms of use in these Regulations have been performed on the Website and/or the information appearing on it; (C) The User performed actions that harm or may harm the Website Operator and/or third parties; (D) The Website Operator made a decision to cease operating the Website and/or to cease granting any right to use it, in its exclusive discretion. The User will have no legal action and/or claim and/or demand vis-à-vis the Website Operator and/or any agent thereof in respect of operating this licence.
      • The Website Operator is entitled to prevent and/or remove any information contained on the Website, for any reason, including due to the performance of illegal activity, or any action that may damage the Website and/or the Website Operator’s image.
    3. User Details
      • The User’s information will be collected by the Website Operator from the User’s browsing of the Website and/or when the User’s information is entered into the Website by the User, details such as: full name, telephone number, address, e-mail, and ID number.
      • By law, the User is not obliged to enter his details on the Website. Any User who enters his details on the Website does so voluntarily, and with full consent, to be included in the Website Operator’s databases.
      • The User agrees that without prejudicing any other right available to the Website Operator, in the event that the Website Operator fears that the User’s use of the Website does not comply with the terms of use in these Regulations and/or the provisions of any applicable law, the Website Operator may track the User’s use of the Website, and prevent the User’s access to the Website and/or transfer the User’s behaviour patterns on the Website to third parties who will prove, to the Website Operator’s satisfaction, that they are harmed by the User’s infringing conduct. Moreover, the Website Operator may also take any other action that the Website Operator deems appropriate to take in order to protect its property and/or rights, and the User will have no claim and/or legal action and/or demand against the Website Operator and/or any agent thereof regarding such actions.
    4. Confidentiality and Privacy
      • The User declares and acknowledges, that when entering his details on the Website, he will be included in the Website Operator’s databases. The Website Operator will be allowed to use the User’s details for the purpose of improving user experience on the Website, adapt the Website to the User’s needs and preferences, as well as to contact the User via regular mail, e-mail, and any other communication method. Entering the User’s details on the Website is evidence that the User has authorised the Website Operator to make any use of the User’s information and/or any information collected in connection with the User browsing the Website, including their publication on any digital and/or other format, by any means of transmission (TV, radio, press), by any means of transmission (Internet and mobile) and on social networks such as Facebook and/or any other media, whether existing or future, all for the Website Operator’s purposes.
      • The User’s provision of details on the Website will also attest to the User’s express consent to receive advertising and/or marketing materials from the Website Operator and/or anyone acting on its behalf, within the meaning of such consent in the provisions of Section 30A of the Communications (Bezeq and Broadcasting) Act 1982-5742. Moreover, by entering the User’s information on the Website, the User gives the Website Operator permission to use his details for the purpose of sending direct mail advertising as defined in the Privacy Protection Act 1981-5741, and the User acknowledges that he has the right, at any time, to withdraw his consent granted under this Clause, and give notice to the Website Operator of his refusal to receive advertisements and/or direct mail advertising (all or of any particular type), by sending notice to the Website Operator in one of the contact methods listed in these Regulations.
      • The forgoing notwithstanding, the Website Operator will not transfer the User’s details to any third party except in the cases listed hereinafter:
        • In the event that the User has committed an act or omission that harms and/or may harm the Website Operator and/or third parties.
        • In the event that the User has made illegal use, or to enable, facilitate, assist, or encourage the commission of such an act.
        • In the event that the User violates one or more of the provisions of these Regulations.
        • In the event that the Website Operator receives a court order and/or a demand from a governmental authority instructing it to provide the User’s details to a third party.
        • In any dispute, claim, demand, or legal proceedings, if any, between the parties.
        • For the purposes of direct mail advertising, within the meaning of this term is in the Privacy Protection Act 1981-5741.
      • Use of the Website will evidence the User’s consent to receive inquiries from the Website Operator and/or any agent thereof via fax, telephone, e-mail, automatic dialling system and/or any other means of communication for any of the purposes specified in these Regulations.
      • Use of Cookies:
        The Website Operator uses “cookies” as part of the Website for the purposes of improving user experience, collecting statistics about the User’s actions on the Website, securing the information on the Website, and for one or more uses of User information set forth in these Regulations. “Cookies” are files that allow one to track the User’s actions on the Website, some of which are stored on the User’s computer even after he leaves the Website. The User’s use of the Website constitutes the User’s consent to the installation of “cookies” as aforementioned on the media used for the User’s activity on the Website. The forgoing notwithstanding, the User may redefine the browser he uses to use the Website so that it refuses to accept “cookies”, but the user experience on the Website may be adversely affected by the User’s refusal to accept “cookies”. The Website’s server may automatically store information generated by the User, information that includes, inter alia, IP address, browser type, the website that referred the User to the Website, etc.
    1. Risks and Liability
      • The User acknowledges that using websites involves many risks, both due to the technology involved in such use, and due to human factors operating on the Internet. The Website Operator and/or any agent thereof, is not responsible and/or liable for any illegal activity that is carried out, if any, by any Website User and/or any other party who is not acting on its behalf. The User will be solely and fully liable for any use he makes and/or will make of the Website and/or the information appearing on it.
      • The information on the Website is intended to enrich the User’s knowledge, and is for his personal use only; however, its use, including any reliance on it, is at the User’s sole risk. Inter alia?, the User declares and acknowledges, that the images displayed on the Website are for illustration purposes only, and that there may be changes between their display on the computer screen and their appearance in reality.
      • The Website Operator invests significant efforts to ensure that the information on the Website is as correct and accurate as possible; however, the information does not purport to constitute a complete, full, or detailed analysis of all the topics listed on the Website. The User acknowledges that the information is displayed on the Website as it is (“As Is”), and that there may be errors in the information appearing on the Website. The Website Operator will not bear any responsibility and/or liability for errors in the information displayed on the Website and/or the information being suitable to the User’s needs, and does not liable to the User due to any inability to use the information for any reason and/or for the information being inaccurate or incorrect for any reason.
      • The information on the Website does not constitute medical advice and/or a medical opinion, and the Website and/or the information appearing is no substitute for medical advice. For any medical inquiries, the User should contact a doctor directly to seek medical advice. The Website Operator will not be responsible and/or liable for any damage, inconvenience, loss, expense, distress, and/or personal injury that may be caused to the User or his property or to any third party, directly or indirectly, due to use of the Website’s content and/or reliance on the information contained therein. The User hereby waives any claim against the Website Operator and/or any agent thereof, in connection with use of the information appearing on the Website, and he alone will be responsible and liable for any use made of such information.
      • The Website Operator will not be held liable for any illegal activity by any Website User, or any other entity beyond its control.
      • Securing the information on the Website is done to protect the User’s privacy and to protect the information appearing on the Website. The User declares and acknowledges, that the Website operator employs customary precautions to protect, as far as possible, the User’s confidentiality and privacy, unauthorised use of same, and the security of the information on the Website in accordance with applicable law; however, the User acknowledges that there may be faults beyond the Website Operator’s control. The Website Operator and/or any agent thereof will not be responsible and/or liable for any damages of any kind, indirect or direct, caused to the User and/or anyone acting on his behalf, due to use of the Website and/or if User information is harmed due to use of the Website and/or if use of the Website is interrupted and/or impossible, including loss of income and/or deprivation of profit that will be caused for any reason.
      • The Website Operator’s records in connection with the actions performed on the Website by the User will constitute conclusive evidence of their correctness. For the avoidance of doubt, it is clarified, that the Website Operator will not be liable in any event on account of declarations, explanations, presentations, and interpretations by anyone on its behalf, even in the press, on marketing leaflets and/or any other means of advertising or illustration, other than in accordance with these Regulations.
      • The Website Operator will not be responsible and/or liable for the content and nature of the information presented on the Website, in relation to information originating from third parties, and the User will have no claim and/or legal action and/or demand vis-à-vis the Website Operator and/or anyone acting on its behalf with respect to this.
      • The User agrees to compensate and/or indemnify the Website Operator, immediately upon its first demand, for any damages, direct and/or indirect, and/or any expense caused to it in connection with any legal action and/or demand and/or claim by the User and/or any agent thereof, arising from the User’s use of the Website and/or any breach of the terms and conditions of use specified in these Regulations.
      • The Website may contain links to other websites, links intended exclusively for the User’s convenience. The Website Operator is not responsible and/or liable for the links and/or the linked websites and/or the information that appears in them. Every use of and/or entering the links is at the sole responsibility and liability of the User, and the Website Operator and/or anyone acting on its behalf will not be responsible and/or liable for any damages, direct or indirect, financial, or other, caused, or which may be caused, to the User by such use.
      • The Website Operator and/or anyone acting on its behalf will not bear any responsibility and liability for the server on which the Website operates, including that said server be virus-free and/or free of other components that may harm the User’s personal computer while using the Website, and the User will have no claim and/or legal action and/or demand vis-à-vis the Website Operator and/or anyone acting on its behalf in connection with the aforesaid.
    2. Home Lab
    • The service is provided to Clalit HMO [Hebrew – Kupat Cholim] patients, over the age of 5.
    • The patient must be insured under the Clalit Mushlam and/or Active Platinum plans – in order to be eligible for a test costing 20 NIS including VAT (co-pay). 
    • A Clalit patient who does not have Clalit Mushlam and/or Platinum, is entitled to a test costing 150 NIS including VAT. 
    • The patient should have a valid
    • The digital appointment booking (in the diary system) completes with the receipt of confirmation from the Company about the appointment.
    • There may be a deviation of up to two hours from the scheduled appointment time. 
    • Cancellation policy: Up to 17:00, an appointment scheduled for the next day may be cancelled.
    • The patient must present the nurse with an ID card when performing the test at home.
    • Tests will be scheduled for 6:00 – 10:00 in the morning, and will take place at the patient’s home, or some other address provided by him. 
    • The patient can contact the home lab call centre at any time by calling 1-700-500-616, Sundays – Thursdays 7:00 – 20:00, and Fridays 7:00 – 13:00.
    • To receive the service, the patient must consent to his details being stored on the company’s database. However, the patient is under no legal obligation to provide the information, and the provision of the information depends on his will and consent. The information stored will be used for the purpose of providing the service and improving it.
    • The information about the patient will be provided only to the Clalit HMO for the purpose of improving the service.

     

     

    1. Additional Provisions
      • These Terms of Use shall be governed by the laws of the State of Israel, and the exclusive jurisdiction over them shall vest in the competent courts of the District of Tel Aviv, and no other court shall have jurisdiction in the matter.
      • To be removed from the Company’s databases and/or to give notice of User refusal to receiving advertising information and/or to request information regarding the User, which is on the Company’s databases, the User is requested to contact the Company in writing in one of the following ways:
        • By mail: to 5 Kinneret Street, Besser Tower No. 3, Bnei Brak
        • By fax: 03-7545-900
        • By email [email protected] 
      • The Website Operator may transfer and/or assign its rights and obligations under these Regulations, in whole or in part, to any party, without the need for the User’s consent, and without any need to provide notice on this matter. The User may not transfer and/or assign his rights and/or obligations under these Regulations, in whole or in part, to any third party, without obtaining the Website Operator’s advance consent written therefore.

    Paragraph headings were inserted exclusively for convenience of orientation, and will not be used for the purpose of interpreting the agreement.