These Terms of Use (“Terms”) govern your relationship with Kemtai Ltd., and its subsidiaries, and other affiliates (collectively “Kemtai” or “we”), and set forth the terms and conditions under which Kemtai makes available its website here (“Website”), and all services which may be provided by Kemtai related thereto (collectively, “Services”), to each person or entity accessing or using the Website and/or the Services (each a “User” or “you”). By using the Website and/or Services, you hereby agree to be bound by the Terms and to use the Website and/or Services solely in accordance with the Terms and any applicable law.
FOR THE AVOIDANCE OF DOUBT, THESE TERMS PERTAIN TO AND COVER THE USAGE OF THE WEBSITE AND THE SERVICES PROVIDED THERETO. IT DOES NOT COVER OR IS MEANT TO SUPERSEDE ANY OF OUR COMMERCIAL AGREEMENTS AND ENGAGEMENT WHICH ARE SUBJECT TO THE SEPARATE RELEVANT AGREEMENTS SIGNED BETWEEN US AND ANY OF OUR CUSTOMERS, INCLUDING WITHOUT LIMITATION, KEMTAI CARE PLATFORM AND APPLICATION.
1. SERVICES
The Website provided by Kemtai is intended for general information purposes to provide Users with information about Kemtai’s technology and/or Services, or other information which may be presented about Kemtai from time to time.
If you are using the Website or Services on behalf of a company, entity, or organization (“Corporation”), you represent and warrant that you are an authorized representative of the Corporation, having the authority to bind the Corporation to these Terms. In the event you are using the Website or Services on behalf of a Corporation, all references to “you” or “User” in these terms shall be construed to mean you, the Corporation, and any other individual that uses the Website or Services on behalf of or through authorization from the Corporation.
Kemtai reserves the right at any time and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Website or Services or any part thereof, or User’s access thereto, at its sole discretion. You will have no claim, complaint or demand against Kemtai for applying such changes or for failures incidental to such changes.
2. PRIVACY POLICY
Your privacy is important to Kemtai. Kemtai ’s Privacy Policy is available here (“Privacy Policy”) and is incorporated into the Terms by reference. Any information collected, provided by you or processed through the use of our services shall be subject to our Privacy Policy.
3. MODIFICATIONS OF TERMS
Kemtai reserves the right to amend, modify, add to or delete any of the Terms from time to time, and such modifications shall be effective immediately upon posting of the modified terms or updated charges on the Website. Please check this page and the Website from time to time for any updates, as indicated by the “Last updated” date hereinabove.
4. NON-RELIANCE ON INFORMATION
The Website and/or Services do not provide, replace or recommend any medical or professional health advice, diagnosis, treatment or recommendations of any kind. Any content communicated through the Website or Services does not constitute medical advice (nor is it intended to substitute for such advice in any respect) nor does it create any physician-patient relationship.
The content provided by the Website and/or Services is for informational purposes only, and should not be construed as medical or professional health advice. You agree that any use by you of any content provided by the Website or Services shall be done at your sole risk. You acknowledge that when using our Website or Services you may be exposed to content from a variety of sources and that Kemtai is not responsible for nor does Kemtai guarantee the quality, truthfulness, accuracy, usefulness or safety of such content.
5. THIRD PARTY LINKS
The Website or Services may contain links to third-party content, websites or advertisements. Kemtai is not responsible and does not endorse any third-party links. Please note that third party links are not governed by the Terms or Kemtai’s Privacy Policy. You should review any applicable terms of use and privacy policies of third-party links prior to providing such third parties with any personal data.
Insofar as these third-party links offer products or services for sale, Kemtai is not a party to these transactions and will not be held liable in connection with those services or products. If you select to use these links and visit the third-party links, you will do so at your own risk and you undertake to adopt all possible cautionary measures in order to abstain from any damages to you.
6. RESTRICTED USES
In connection with your use of the Website or Services, and without limiting any of the other obligations under the Terms or under applicable law, you agree and undertake, that you will not, and will not allow others to:
- upload, post, email, distribute, communicate, transmit or otherwise make available any content, and not to upload to the Website or Services any content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, offensive, invasive of another’s privacy, or otherwise objectionable, (ii) that infringes any intellectual property right of any third party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any “junk mail”, “spam” or disrupt discussions with repetitive messages.
- decompile, disassemble or reverse-engineer the Website or Services, or any part thereof, in any form or by any means; or modify the Website or Services in any way;
- interfere with or disrupt the integrity or performance of the Website or Services;
- use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “mine”, cache, copy or download data or any content from the Website or Services (unless expressly permitted in writing by Kemtai);
- copy the Website or Services or any feature, function or user interface thereof, or its related systems or networks;
- sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Website or Services;
- use the Website or Services for any commercial purpose or for the benefit of any third party or in any manner not authorized by these Terms;
- attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Website or Services or any software thereto, or otherwise attempt to gain unauthorized access to the Website’s software, code or restricted parts;
- use the Website or Services for any illegal, immoral or unauthorized purpose, encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
- engage in excessive usage of the Website or Services, as determined by Kemtai at its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Website, or disrupts the availability of the Website or Services for other Users;
- use the Website or Services in any way that infringes or violates these Terms or applicable law.
7. INTELLECTUAL PROPERTY
Kemtai retains exclusive ownership of all rights, interests and title in the Website or Services, its code and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including without limitation any and all trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or in connection with the Website or Services. Nothing in the Terms shall grant User any rights to Kemtai’s intellectual property.
Kemtai grants the User a limited right to use the Website or Services, solely in accordance with the Terms and applicable law.
8. LIMITED WARRANTY
USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE OR SERVICES AND ANY OF THIER CONTENTARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”, ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. KEMTAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE WEBSITE OR SERVICES (AND ALL CONTENT, INFORMATION, SOFTWARE, AND LINKS CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES AS TO THEIR BEING ERROR FREE, ACCURATE, UNINTERRUPTED ANY WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF THE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
KEMTAI MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE OR SERVICES. THE CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE (AND DOES NOT CONSTITUTE) MEDICAL ADVICE OR A RECOMMENDATION TAILORED TO YOUR SPECIFIC SITUATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KEMTAI OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. KEMTAI DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ON OUR WEBSITE OR SERVICES IS ACCURATE OR COMPLETE. KEMTAI SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED IN CONNECTION WITH YOUR USE OF ANY CONTENT PROVIDED BY THE WEBSITE OR SERVICES.
KEMTAI SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS NOT CONTROLLED KEMTAI.
FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL.
9. LIMITATION OF LIABILITY
KEMTAI SHALL NOT BE LIABLE FOR ANY LOSS OF USE, FAILURE OF SECURITY, LOST DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WITHOUT DEROGATING FROM THE AFORESAID, KEMTAI SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY TO ANY LOSS, LIABILITY, DAMAGE OR EXPENSE RESULTING OR RELATING TO ANY ACTIVITY, PERFORMED BY USER VIA USE OF THE WEBSITE OR SERVICES, AND USER SHALL HAVE NO CLAIM, RIGHT OR DEMAND WITH RESPECT THERETO.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, EXCEPT WITH RESPECT TO FRAUD, MALICIOUS ACTS OR GROSS NEGLIGENCE BY KEMTAI, KEMTAI’S ENTIRE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO KEMTAI IN CONNECTION WITH THE SUBJECT MATTER OF THE CLAIM RAISING THE LIABILITY.
10. INDEMNIFICATION
You agree to defend, indemnify and hold Kemtai harmless from any third-party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services that does not comply with these Terms, including your negligence and any wrongful act; (ii) your abuse or infringement of third-party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
11. GENERAL TERMS
Kemtai may assign the Terms (or any part thereof) without prior notice of consent of the User to a third party assuming Kemtai ’s obligations hereunder.
If any provision of the Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, such provision shall be modified or limited to the minimum extent necessary so that the Terms shall otherwise remain in effect. Failure of Kemtai to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches.
The Terms comprise the entire agreement between you and Kemtai relating to the Website or Services.
Kemtai does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside Kemtai ’s control.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms between you and Kemtai.
You can terminate these Terms at any time by ceasing your use of the Services. We may terminate these Terms at any time, with or without cause, effective immediately.
The Website, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel-Aviv, Israel.
If you have any questions or comments to the Terms, please send us an email to: privacy@kemtai.com.