Welcome to EARWAYS MEDICAL (the “Website”). The Website is owned and operated by EARWAYS MEDICAL Ltd. (the “Company”, “we”, “us” and “our”) – a company registered under the laws of the State of Israel, with its principal place of business at 23 Ha’melacha st. Rosh Ha’ayin 4809173, Israel
These Terms apply to the use of the Website and the services and content included therein by every computer or other communication means (like cellular phones, PDAs, etc.). These Terms further apply to the use of the Website via the Internet network or any other communication networks.
About the Website
The Company was incorporated in order to develop, manufacture and market a full line of ear care products. The Website provides content and information about the Company’s medical devices, including otology and medical conditions, treatments and procedures. The content and information provided on the Website is not medical advice, and therefore should not be treated as such.
YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS PROVIDED FOR GENERAL KNOWLEDGE ONLY. THE CONTENT IS NOT, AND YOU MUST NOT DEEM OR REPRESENT IT TO BE, A SUBSTITUTE FOR QUALIFIED PROFESSIONAL MEDICAL, PARAMEDICAL OR PHARMACEUTICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF AN EAR NOSE AND THROAT SPECIALIST OR ANY OTHER HEALTHCARE PROFESSIONAL FOR ANY MEDICAL OR HEALTH RELATED ISSUES.
The Website also provides information regarding the Company’s business and activities. The Website’s content is presented for informative purposes only. Some sections of the Website allow you to submit your contact details, in order to contact the Company or to receive future information and updates about the Company’s products and activities.
Acceptable use of the Website
The following terms define the acceptable use of the Website and the content available therein. You agree to abide by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
While using the Website, you agree to refrain from, wilfully or carelessly –
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation or functionality of the Website;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with the Company, or in such ways that might impair or disrupt the Website’s functionality;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, professional qualifications, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users, where applicable, without their prior explicit consent;
- Linking to the Website from web pages that contain pornographic content or content that encourages racism, wrong discrimination or other wrongful content or content that its publication is prohibited, or content that encourages prohibited activity;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
You may contact the Company for any purpose (including any suggestion, questions or complaints you may have) by using our online Contact us form
While completing our online form, we will ask you to provide us with certain contact and personal details, such as your full name, email address, etc. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or out dated information may impair our ability to contact you. We will explicitly indicate the fields for mandatory completion.
By submitting your personal details, you provide us with your express consent to receive commercial messages from the Company or others on its behalf. At any time, you may withdraw your consent and notify us that you refuse to receive commercial messages, altogether or of specific kind, by sending a notice of consent withdrawal. The channels though which you may send such notice will be detailed in the commercial messages sent to you by the Company or others on its behalf.
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability, or for any transactions made between you and such third party websites.
The Company may include paid advertisement on behalf of interested vendors on the Website. By clicking the advertisements you may be shifted to a website of the advertiser or receive any other messages, information or offers from the advertiser. The Company is not responsible for the privacy practices of the advertiser, or the content of its website, information, messages or offers. You are fully responsible for all communications with advertisers and to all transactions taking place subsequently.
The intellectual property rights in the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or of third parties by whom the Company was licensed according to law. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s computer code and any other detail concerning its operation.
It is forbidden to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without receiving the Company’s explicit prior consent in writing.
Trademarks in the Website (whether registered or not), including – EarWayTM, EARWAYSTM – as well as the Website’s Domain name – are the sole property of the Company. It is forbidden to use them without the Company’s prior written consent.
Changes and availability
The Company may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any previous notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall not have any plea, claim or demand whatsoever against The Company ensuing from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction.
The Website is dependent upon different factors such as software, hardware and communication networks of The Company, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence The Company can’t guarantee that the Website will not be disturbed, will be timely, secure or error free.
Termination of the Website’s operation
The Company may at all times, at its sole discretion, discontinue, temporarily or permanently, the operation of the Website, or any part thereof. The Company is not obliged to give any notice prior to such discontinuation. At any time, The Company may block, remove or delete any content from the Website, without maintaining any backup copy.
Changes to the Terms
From time to time, we may change these Terms. Changes will take effect 7 days after their initial posting on the Website, unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required. We advise you to periodically read the Terms, as they may change from time to time.
Disclaimer of warranty YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE AS IS, AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS THE COMPANY IN RESPECT OF THE WEBSITE’S PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF THE WEBSITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
THE COMPANY does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the Website, information AND CONTENT obtained from the Website or links to other Websites. THE COMPANY does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website is free from all harmful components. Use of information OR CONTENT obtained from or through the Website is at your own risk.
Limitation of liability
YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS THE COMPANY, ITS PARENT COMPANY, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY CONTENT, INFORMATION OR ADVICE UPON WHICH YOU DECIDE TO RELY FURTHER TO THE USE OF THE WEBSITE. THE COMPANY WILL NOT BE DEEMED RESPONSIBLE FOR ANY CONTENT, INFORMATION OR ADVICE, AND RELIANCE ON SUCH CONTENT, INFORMATION AND ADVICE IS AT YOUR SOLE AND WHOLE RISK.
IN ANY EVENT, THE COMPANY, ITS PARENT COMPANY, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGE (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), LOSS, EXPENSE OR PAYMENT OCCASIONED TO YOU IN CONSEQUENCE OF THE USE OF THE WEBSITE OR THE INABILITY TO USE IT.
You agree to indemnify and hold The Company, its parent company, managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on its behalf harmless in respect of any claim, demand, damage, loss, loss of profit, payment or expense occasioned to them (including attorney’s fees and legal expenses) resulting from a breach of these Terms.
Applicable law and jurisdiction
Regardless of your place of residence or where you access or use the Website from, these Terms and your use of the Website will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The competent courts located in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Website and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company, each hereby expressly consents to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms or pursuant hereto shall be effective unless effected in writing and expressly.
The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and shall not be used for interpretation purposes.
Changes in ownership
The Company may incorporate the Website and its services as a separate company or transfer ownership rights and title in the Website to a third party, provided that your rights according to the Terms are not compromised by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without the Company’s prior explicit consent in writing.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms shall remain in full force and effect.
The Company respects the rights of the Website’s users. If you think that certain content published on the Website harms or offends you in any way, you may contact us by using the ‘Contact Us’ form on the Website, and we will do our best to provide a prompt response to your complaint.
Last Updated: 15 June 2017
Address: Hamelacha 23, Rosh Ha’ayin 4809173,Israel