Terms of Use

CLEW Medical Ltd. – Website Terms of Use

Last Updated: December 11, 2019

  1. General
    1. These Terms of Use (“Terms of Use“) constitute a binding agreement between the person who is using the Website (as defined below) (“you” or “User“) and CLEW Medical Ltd., (“CLEW“, “we” or “us“), and shall govern your use of the Website.
    2. The use of the Website is also subject to acceptance of the Privacy Policy (the “Privacy Policy“) which is available at the Website, at this link: clewmed.com/privacy.
    3. Before using the Website, please read these Terms of Use and our Privacy Policy. By using the Website, you represent that: i) you agree to these Terms of Use and to the Privacy Policy, and ii) that you are 16 or older. If you are between the ages of 16 and 18, you represent that your legal guardian has reviewed and agreed to these Terms of Use and the Privacy Policy.
    4. BY USING THE WEBSITE, YOU ARE EXPRESSING YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
    5. CLEW reserves the right to change, modify, add or remove parts of these Terms of Use, the Privacy Policy and other relevant policies at any time, at its sole discretion, by posting the amended version on the Website. All amended terms shall automatically enter into effect immediately upon their publication. By continuing to use the Website, you will be deemed to have accepted such changes. If at any point you do not agree to any part of our Terms of Use, the Privacy Policy, or any other CLEW policy relating to your use of the Website, you must immediately stop using the Website. These Terms of Use do not apply to our services. If you are a user of our services, you will be provided with the relevant terms of use for the specific service provided to you by CLEW.
    6. Definitions:
      1. Purpose” shall mean accessing, viewing, visiting and/or browsing the Website, through any computer, device or any other source, in order to obtain information about CLEW’s services. The use of the Website for the Purpose is free of charge.
      2. Website” shall mean our website: https://clewmed.com/, which provides Users information about CLEW’s services.
      3. Applicable Law” shall mean any laws, regulations, rules, applicable to CLEW.
  2. Permitted Use of the Website
    1. Subject to your agreement and continuing compliance with these Terms of Use and any other relevant CLEW policies, CLEW grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license (“Limited License“) to use the Website for the Purpose.
    2. CLEW does not grant you any license or right except for the use of the Website for the Purpose. You agree not to use the Website for any other purpose other than the Purpose expressly permitted by these Terms of Use.
    3. Any violation of these Terms of Use, including the Restrictions of Use (as defined below), is strictly prohibited, can result in the immediate revocation of your Limited License and may subject you to liability for violations of any Applicable Law.
    4. CLEW reserves the right to determine what conduct it considered as violation of the Terms of Use and/or the Restrictions of Use, and reserves the right to take any action as a result of such conduct, which may include termination of your Limited License and prohibition from using the Website in whole or in part.
  3. Restrictions of Use
    1. You agree not to, and not attempt to, under any circumstances, do any of the following while using the Website (“Restrictions of Use“):
      1. Violate any law, any rights of CLEW or any other person or otherwise misuse or inappropriately use the Website, or to engage in any illegal activity.
      2. Engage in any act or use the Website in such manner that CLEW considers, in its sole discretion, to be harmful in any way to the Website or to its User’s access to and/or enjoyment of the Website, or which are in conflict with the spirit or intent of the Website.
      3. Copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or any part of it.
      4. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, or to obtain any information from the Website using any method. You shall also not modify or cause to be modified any files that are a part of the Website.
      5. Use the Website if you have previously been removed by CLEW.
      6. Use the Website for any commercial purpose, including without limitation, attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell any product or service of any kind, or perform market research on the Website. You shall not advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone related to the Website.
      7. Use or participate in the use, directly or indirectly, of automation software programs, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Website.
      8. Initiate, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Website, or other attempts to disrupt the Website or any other person’s use, access to and/or enjoyment of the Website.
      9. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, or any security feature of the Website or any feature that restricts or enforces limitations on the use of or access to the Website.
      10. Gain unauthorized access to the Website, through the computers, servers, or networks connected to the Website by any means other than the User interface provided by CLEW.
      11. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
      12. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including CLEW’s employees, including CLEW’s customer service representatives.
      13. Make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a CLEW employee.
      14. Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial.
    2. WITHOUT LIMITING ANY OTHER REMEDIES, CLEW MAY LIMIT, SUSPEND OR TERMINATE ACCESS TO THE WEBSITE OR PREVENT THE USE OF THE WEBSITE OR PARTS THEREOF IF YOU ARE, OR CLEW SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF USE OR THE RESTRICTIONS OF USE, OR COMMITTING ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE WEBSITE, OR IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH OUR POLICIES OR THE SPIRIT OF OUR TERMS OR USE.
  4. Intellectual Property Rights
    1. All rights, title and interest in and to the Website, including without limitation any titles, computer code, themes, objects, stories, interviews, vidoes, articles, catch phrases, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, trademarks, moral rights, documentation and server software, (“CLEW Intellectual Property “) are and shall be solely owned by CLEW.
    2. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE WEBSITE OR IN CLEW INTELLECTUAL PROPERTY, AND THAT ALL RIGHTS IN THE WEBSITE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CLEW.
    3. Notwithstanding any provision to the contrary, you agree that you have no right or title in or to any content that appears in the Website, including without limitation CLEW’s clients’ testimonies and photographs appearing on the Website.
  5. Privacy
    1. The Website enables you and other Users to provide us with contact details, including Personal Data (as defined in our privacy policy, the “Privacy Policy” or “Policy”), in order for us to contact you regarding our services. There is no legal requirement for you to provide us with Personal Data and if you do so, you are providing it at your own free will. We manage your Personal Data in accordance with the Applicable Laws. You acknowledge that the Website also collects Non-Personal Data when you browse the Website. The Personal Data and Non-Personal Data you provide is called “User Data”. You also acknowledge and agree that any of your User Data collected through your use of the Website, will be processed by CLEW in accordance with the Privacy Policy. For more information on our practices to protect your privacy and Personal Data, please see our Privacy Policy at clewmed.com/privacy.
    2. By inserting any Personal Data while using the Website, you represent and warrant that such Personal Data is accurate and not confidential or misleading, free of viruses, adware, spyware, worms or other malicious code, not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose Personal Data or intellectual property is comprised in your Personal Data.
    3. You are solely responsible for the User Data and any other information that you provide through or in connection with the Website. CLEW reserves the right to review, monitor, prohibit, edit, delete, disable access, refuse to post, remove to or otherwise make unavailable any User Data or other information you have provided without notice for any reason or for no reason, subject to its obligations under Applicable Laws. CLEW assumes no responsibility for the conduct of any User inserting any User Data or other information, and assumes no responsibility for monitoring the Website for inappropriate content or conduct.
    4. CLEW does not claim any ownership rights in your User Data and nothing in these Terms of Use is intended to restrict any rights that you may have to use and exploit your User Data. CLEW has no obligation to monitor or enforce your intellectual property rights in or to your User Data.
  6. Termination
    1. You may terminate your use of the Website at any time and for any reason by leaving the Website.
    2. CLEW may terminate your use of the Website at any time and for any reason and may notify authorities or take any actions it deems appropriate, without notice to you, if we suspect or determine that you may have (i) failed to comply with any provision of these Terms of Use or the Privacy Policy or any policies published by CLEW; or (ii) engaged in actions relating to or in the course of using the Website that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, for CLEW, for any third parties or the Website.
    3. Upon such termination, you agree not to use the Website (including any subsequent version of the Website). In the event of the termination of these Terms of Use for any reason: (a) the Limited License granted to you will terminate immediately; (b) you must immediately upon receiving any notice of termination cease all use of the Website and destroy, or erase all copies of the Website in your possession or control.
    4. You will not be entitled to and CLEW will not be liable to You or any third party for any refund, reimbursement or other liability as a result of any termination permitted under these Terms of Use for any reason, whether by you or CLEW.
  7. No Warranty and Disclaimers
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTIES OF ANY KIND. CLEW DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARISING BY LAW, OR OTHERWISE, REGARDING THE WEBSITE AND ITS PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
    2. WITHOUT LIMITING THE FOREGOING, NEITHER CLEW NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  8. Limitation of Liability
    1. UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLEW BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LIABILITIES WHATSOEVER ARISING FROM, OR RELATING TO THE WEBSITE, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. UNDER NO CIRCUMSTANCES WILL THE CLEW BE LIABLE TO YOU FOR ANY AMMOUNT FOR ANY SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CLEW IS TO STOP USING THE WEBSITE.
    3. CLEW shall not be liable for any delay or failure to perform any of its obligations resulting from causes outside the reasonable control of CLEW, including without limitation due to unforeseen circumstances or cause beyond CLEW’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
    4. Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent that CLEW may not disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of CLEW’s liability shall be the minimum permitted under such Applicable Laws.
  9. Release and Indemnification
    1. YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE.
  10. Miscellaneous
    1. These Terms of Use, the Privacy Policy and any of CLEW policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and CLEW, and supersede all prior understandings of the parties relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Website.
    2. You and CLEW agree that if any part of these Terms of Use or of the CLEW Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
    3. CLEW may assign or delegate these Terms of Use and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without CLEW’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
    4. The failure of CLEW to require or enforce performance by you of any provision of these Terms of Use or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver of CLEW’s right to assert or rely upon any such provision or right in that or any other instance.
    5. The express waiver by CLEW of any provision, condition, or requirement of these Terms of Use or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    6. Except as expressly and specifically set forth in these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by CLEW shall be deemed a modification of these Terms of Use nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of CLEW.
    7. Governing Law. These Terms of Use and any act or matter related thereto or to the Website will be governed by the laws of the State of Israel without regard to its conflict of laws provisions. You agree that any claim or dispute You may have against CLEW, including but not limited to these Terms of Use, must be resolved exclusively by a court located in Tel-Aviv, Israel, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
    8. If a dispute arises between you and CLEW, we strongly encourage you to first contact us directly by sending us an Email to: info@clewmed.com to seek a resolution. We may notify you through postings on the Website, or email or any other means of communication, to the contact information you provided to us. All notices given by you or required from you under these Terms of Use or the Privacy Policy shall be in writing and addressed to: CLEW Medical Ltd., P.O. Box 16144 Kiryat Hasharon, Netanya, 4206002, Israel. Any notices that You provide without compliance with this Section on Notices shall have no legal effect.
    9. You acknowledge that the rights granted and obligations made under these Terms of Use to CLEW are of a unique and irreplaceable nature, the loss of which shall irreparably harm CLEW and which cannot be replaced by monetary damages alone so that CLEW shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
  11. Contact Us

If you have any inquiry regarding these Terms of Use, please contact us by sending us an Email to: info@clewmed.com, and we will make reasonable efforts to provide you with an answer and assistance in resolving the issue.