Effective Date: May 14, 2020

These Terms and Conditions (“Terms and Conditions”) form a legal agreement between ISRAEL MED Call4life LTD (“Call4life”, “we”, “our”, or “us”) and you, the individual (“you” and “your”) concerning your access to and use of the various services offered through the website and the bot. Use of any of the website or bot constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.

Call4life on its own behalf makes certain telehealth related information available to you and/or facilitates your access to telemedicine and expert medical services. Call4life owns and operates publicly available website www.call4life.net, and web-based and mobile applications that require you to enter you data in order to use a Call4life bots (“Bot”, “Bots”, “Robot”, “Robots”, “Electronic Doctor”). By using the website and/or the bot, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Website and Bot. Please print a copy of these Terms and Conditions for your records.

Modifications to these terms and conditions

Call4life may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Call4life will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the website. The amended Terms and Conditions will also appear when the bot is accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the bot. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the website and bot and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the website and the bot after such changes are posted you agree and consent to all such changes.

Services

Description. Call4life is a set of services that provide the opportunity to receive medical advice from highly qualified specialists.

Some components of the Services may be provided by e-mail, SMS, and / or by any other available means, and you explicitly permit Call4life to contact you using the available methods. Call4life is in no way responsible for the acts or omissions of third parties, or for any losses, cancellations, alterations.

Provision of services. In order to get the full range of services, you will need to register on the platform using mobile or web applications. The fact of registration in Call4life means access to services, as well as acceptance of our terms of service.

Availability. Call4life uses maximum efforts to ensure that the service is available 24 hours a day, 7 days a week. However, there may be cases where the services will be interrupted for maintenance, modernization and emergency repairs, or due to a failure of telecommunications links and equipment that are beyond the control of Call4life. Call4life will use reasonable commercial efforts to minimize such situations, where it is within a reasonable Call4life control. You agree that Call4life is not responsible for any unavailability, modification, suspension or termination of the provision of services. You are responsible for accessing any services, and also accept that access to third party services may include third party fees (for example, an Internet service provider or airtime fee). You are responsible for these fees, including those fees associated with the display or transmission of promotional materials.

Registration. You can access the Internet functions Call4life through your account (your “Account”). You can log in to your account using a unique username and password. You are responsible for maintaining the password, and you agree not to disclose your password to third parties. You are solely responsible for any actions taken under your username. You agree that the information you provide to Call4life when registering your account, as well as in all other cases, will be accurate, accurate, up-to-date and complete, and you also agree that you will maintain and update your data in a timely manner client, to ensure that the information remains true, accurate, up-to-date and complete. You cannot impersonate another person or use a username or password that you do not have the right to use. Call4life reserves the right to require you to change the password for any reason at any time. If you become aware of any unauthorized use of your account, you must notify Call4life immediately, at [email protected]

Archive. The Call4life application can store certain information about you and about your requests. You agree that the need to store information about you, is due only to the convenience of communication and information processing. Call4life is not liable to you or any other person for loss, damage or destruction in any information about you. You are solely responsible for preventing any loss or damage to information about you.

Prices and payment

The cost of services is posted on the site and the application Call4life. Tariffs are subject to change without prior notice. You agree to pay Call4life in advance for the respective cost of the service provided by Call4life in accordance with these Terms. You will provide Call4life with accurate and complete billing information, including your full name, legal name, address, telephone number, as well as credit card or debit card payment information. If such information is false or fraudulent, Call4life reserves the right to terminate your use of the Services and your access to the application in addition to seeking any other remedy. Call4life is not responsible for any costs (for example, account overdraft, excess of credit card limits, etc.) as a result of charges issued by Call4life. No adjustments will be made for disputed payments if such amount is not disputed less than thirty (30) days after the date of invoicing. All payments will be paid in USD. Call4life payments are made without taking into account all taxes, fees and duties imposed by tax authorities, and you will be responsible for paying all such taxes, fees and duties.

Returns

If you are not satisfied with Call4life services, you can return the cost spent on the service. In order to be eligible for a refund, you must send us a request, accompanied by a reasoned justification for a refund, within the first 24 hours from the date of purchase. Your request will be reviewed by our customer support within 14 days. To complete the refund, we will require a receipt or proof of purchase. Once your application will be received and verified, we will send you a confirmation email. We will also notify you of approval or rejection of a refund. If more than 24 hours passed since your purchase, then, unfortunately, your request for refund will be denied.

Not received refunds. If your application was approved, but you have not received your refund, you must verify your bank account again. Contact your bank and ask for further information. It may take some time before the money transfer is officially executed by the bank. If the bank could not help you, and you still have not received a refund, please contact us at [email protected]

Access to the bot

You may access and use the bot via remote access connectivity. Call4life grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the bot in accordance with these Terms and Conditions. In order to use the Bot, you will be asked to enter your name and e-mail address.

Call4life’s role

Call4life is not an insurance provider nor are we a prescription fulfillment warehouse. Call4life’s role is limited to making certain telehealth related information available to you. Call4life is independent from healthcare providers and does not engage in the practice of medicine or provide any other health services.

Your representations and warranties

By registering on the Bot, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Call4life, (iii) the information you have provided to Call4life in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Website and Bot, (v) you will not interfere with a third party’s use and enjoyment of the Website and Bot, (vi) you will not interfere with or disrupt Call4life’s or its vendors’ security measures, (vii) if any information you provide to Call4life becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Call4life, (viii) you acknowledge that access to the healthcare services provided through the Bot are not “insured services” under any provincial health plans, (ix) you are accessing the Website and Bot for yourself or a child under the age of eighteen for whom you are the legal guardian.

Termination

If you violate these Terms and Conditions, your ability to use the Website and/or Bot will be terminated. Call4life may, in its sole discretion, terminate your access to the Website and/or Bot, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Call4life may have available at law. Further, Call4life shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Website and Bot. Upon any termination of these Terms and Conditions you must immediately cease use of the Website and Bot. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited

In using the Website and Bot, you agree not to:

  • a) Send or otherwise transmit to or through the Website and Bot any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website and Bot or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • b) Misrepresent your identity or affiliation in any way;
  • c) Restrict or inhibit any person from using the Website and Bot, disclose personal information obtained from the Website and Bot or collect information about users of the Website and Bot;
  • d) Reverse engineer, disassemble or decompile any section or technology on the Website and Bot, or attempt to do any of the foregoing;
  • e) Gain unauthorized access to the Website and Bot, to other users’ accounts, names, personally identifiable information or other information, or to other computers or website connected or linked to the Website and Bot;
  • f) Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Website and Bot in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • g) Send or otherwise transmit to or through the Website and Bot chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • h) Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • i) Violate any applicable laws or regulations in any way;
  • j) Alter or modify any part of the content or services offered on or through the Website and Bot;
  • k) Allow any other person to use the Bot with your registration or login information;
  • l) Breach or otherwise circumvent Call4life’s security or authentication measures; and
  • m) Assist or permit any persons in engaging in any of the activities described above.

Intellectual property rights and content

Call4life is the sole and exclusive owner of the Website and Bot, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and Bot and any related materials and documentation. No title or ownership of the Website and Bot or any portion thereof is transferred to you hereunder. Call4life reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website and/or Bot.

You may provide input, comments or suggestions regarding the Website and Bot or Call4life Services (“Feedback”). You acknowledge and agree that Call4life may use any Feedback without any obligation to you and you hereby grant Call4life a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Call4life may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

External links

The Website and Bot may contain links to third-party website. Linked sites are not under the control of Call4life, and Call4life is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Call4life endorses, sponsors, or is affiliated with the linked site. Your use of third-party website is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other website. Call4life disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Call4life. Any views expressed by third parties on the Website and Bot are solely the views of such third party and Call4life assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification and limitation of liability

You agree to defend, indemnify and hold Call4life, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers, harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Bot and Website; and (c) provision of other disclosure to Call4life of any other information or data and the use of same by Call4life as contemplated hereunder.

IN NO EVENT SHALL CALL4LIFE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR BOT OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Call4life shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Call4life’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

The Website and Bot are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Call4life disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Call4life does not warrant that the Website and Bot will be uninterrupted or error-free, that defects will be corrected or that the Website and Bot or the server that makes it available are free of viruses or other harmful components.

Call4life makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Bot for a particular purpose. Call4life assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or Bot.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Children

The Website and Bot are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Website or Bot at any time or in any manner. By using the Website or Bot, you affirm that you are over the age of 13. Call4life does not seek through the Website or Bot to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Choice of law and jurisdiction

These Terms and Conditions are governed by the laws of Israel. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Israel in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Conditions for mobile applications

Acceptance. Call4life and you acknowledge that this Agreement is between Call4life and only you, and not Apple, Inc., Or the Google, Inc. Call4life, instead of Apple, Inc., Or the Google, Inc. is solely responsible for the use of their content.

Maintenance and Support. Call4life is solely responsible for the organization of all maintenance applications, as specified in this Agreement, or in accordance with the requirements of applicable law. Call4life and you acknowledge that Apple, Inc., or the Google, Inc. has no obligation to provide any maintenance and support services with related to the application.

Warranty. Call4life is solely responsible for any product warranties with respect to the application, implied by law. In the event of any failure of the operation of mobile applications to meet any applicable warranty, you can inform the company Apple, Inc. or Google, Inc. if applicable, and Apple, Inc., or Google, Inc. may refund the purchase price for the mobile application for you; to the greatest possible extent permitted by applicable law, neither Apple, Inc., or Google, Inc. will not have no other warranty obligation with respect to the application, as well as any other claims, losses, liabilities, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Call4life.

The claims for the product. Call4life and you acknowledge that Call4life, instead of Apple, Inc. or the Google, Inc., is responsible for dealing with any claims by you or any third party, including, but not limited to: (a) claims for the product; (b) any claim of non-compliance of any applicable law or regulatory requirements; and (c) claims arising under consumer protection or similar legislation. This Agreement does not limit Call4life liability to you in excess of that permitted under applicable law.

Intellectual Property Rights. Call4life and you agree that in the event of any third-party claims that the application or your use of the application infringe, the intellectual property rights of a third party, Call4life, rather than Apple, Inc., Or the Google, Inc., Will carry full responsibility for the investigation, defense, settlement of any such infringement of intellectual property.

Personal information and privacy policy

In these Terms and Conditions, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Website and Bot and any other information that identifies who you are. Personal Information will be used by Call4life solely in accordance with these Terms and Conditions, and Call4life’s Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Call4life in writing).

You agree that Call4life has the right to monitor and review your use of the Website and Bot from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Cookie Policy.

Call4life respects the privacy of users. Call4life collects, uses and shares information about you in accordance with the policies Call4life Privacy, which can be viewed by visiting the “Privacy Policy”. You understand and agree that, despite any measures taken to prevent unauthorized disclosure of your information, the use or connection to the Internet enables outsiders to bypass our precautions and illegally gain access to confidential information. Accordingly, Call4life cannot and does not guarantee the confidentiality, security or reliability of any information transmitted in any system connected to the Internet.

Waiver

No delay or omission by Call4life to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Call4life must be in writing and signed by an authorized representative of Call4life.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Call4life as it relates to the access to, and use of, the Bot and Website and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Call4life and you.

Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Call4life’s prior written consent. Call4life may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.

Contact / Notices

If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Call4life under the Terms and Conditions, please contact Call4life using the following contact details:

Call4life
Andrew Kukuy
39, Jerusalem street
Kiryat Ono, 5565428, Israel
[email protected]

Call4life may provide notices or communications to you on the Website and/or Bot and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

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