ASSUTA TERMS OF USE
A. General
1. Assuta Medical Centers Ltd. (“Assuta”) operates this Website (the “Website”) which offers the Users of this Website to receive information in various areas related to Assuta’s areas of activity and to perform certain actions.
2. Any use of the Website, including receiving information and services through the Website, is subject to the Terms of Use set forth hereafter (the “Terms of Use”). Browsing on the Website and making any use of it or of the services it offers will be considered as having agreed to these terms, and as a declaration of legal competency to give undertakings according to these terms. The Terms of Use should be read carefully.
3. The Terms of Use of the Website are worded in the masculine gender for convenience only and they apply to all genders alike.
4. The chapters of the titles are provided for the convenience and orientation of the User and will not be used for interpreting the Terms of Use.
5. Assuta reserves the right to change the Terms of Use at its sole discretion, and without prior notice. The User will not have any claim, lawsuit or demand towards Assuta, and Assuta will not be liable for any damage caused to the User in connection with such change.
6. If you are under the age of 18, please read these terms carefully and thoroughly with your parents (or other legal guardian). If you (or your parents) do not agree to the Terms of Use of the Website, all or in part, you may not use the Website for any purpose.
7. In the Terms of Use, each of the following terms shall have the meaning that appears next to it:
7.1. “Information” – any information displayed on the Website, including medical information (whether about a specific patient or general information), textual information, contents, updates, articles, documentation, plans, drawings, details, facts, materials, documents, procedures, sketches. software, captions, signs, symbols logos, characters, files, texts, visual information (including images and videos), addresses, computer codes and files.
7.2. “User” – any person who enters the Website or browses the Website, whether the use is regular or occasional.
7.3. The “Device” – the computer, communication equipment (including the modem), telephone, cellphone (including smartphones) and any equipment, hardware and software used by you on the Website and all of its accompanying functions, including information- security.
B. The Website and the Services
8. Assuta may at any time cease to operate the Website whether for a fixed period or permanently, all in accordance with its sole discretion, and without prior notice. In this regard, Assuta shall be entitled, subject to any law, to restrict or block the information contained on the Website and/or the services provided through it (all or in part) to a User, temporarily or permanently, in the event that the User used the information contrary to the requirements of any law or contrary to the provisions of the Terms of Use or for any other reasonable reason, at Assuta’s discretion.
9. Assuta may from time to time change the structure of the Website, its appearance, content, scope and availability of the services and content provided on it, without prior notice. The User will not have any claim, lawsuit or demand against Assuta, and Assuta will not be liable for any damage caused to the User in connection with such change.
C. Use of the Website and of the Information
10. The User may only make personal use of the Website or information, and he may not make any commercial use of them, including for the purpose of making any profit. The User undertakes that he will not execute contractual engagements with third parties, for consideration or without, in relation to the information or part of it. It is clarified that the information published on the Website may not be used for the purpose of presenting it on the internet or in any other service, without obtaining Assuta’s prior written consent. The User undertakes that he will not store information through various types of software or distribute information displayed on the Website in public commercially or in a commercial framework or for any other purpose. The Website may not be displayed in a different design or graphical interface from those set by Assuta, except subject to receiving its prior written consent to do so. Furthermore, the Website may not be presented in a way that derogates in any way from the content contained therein.
11. The User undertakes to use the Website in good faith, subject to all laws, and in accordance with the provisions of these Terms of Use and Assuta’s guidelines. By entering the site, the User declares and undertakes that he will avoid any harm to Assuta or to any third parties through the use of the Website.
12. It is the User’s responsibility to ascertain that the device through which the Website is used meets all the technical requirements necessary in order to access the Website and receive the services offered within its framework.
13. Without derogating from the generality of the aforesaid, the User undertakes that he will not cause or contribute to, whether by conduct, act or omission (directly or indirectly) any damage to Assuta or to third parties and that by using the Website he will not violate any right of Assuta or third-party rights as mentioned including contractual, proprietary rights, copyrights, moral rights, quasi-proprietary rights, fiduciary duties, medical secrecy, trade secrets, trademarks and patents. The User also undertakes that he will not misuse the Website and he will not take any actions that could harm Assuta or other users, including defamation, invasion of privacy and making publications that are prohibited by law.
14. Embedding Videos – Videos may not be embedded from the Website without Assuta’s prior written permission in any site, including in a site containing or hosting: pornographic content, content that encourages racism or unlawful discrimination, illegal content or whose publication is against the law or that encourages activity which is against the law, or on sites where the very embedding of the video in them will be a violation of the moral copyright of a third party, including the creators of the video and the copyright holders of it. Assuta reserves the right not to allow videos to be embedded or to change the link to the video without having to notify you in advance and you will not have any claim, lawsuit or demand against Assuta for making such changes or malfunctions that occur due to making such changes. Assuta is entitled to order you to cancel any such embedding according to its sole discretion – in this case you will cancel the embedding immediately and you will have no claim, demand or lawsuit against Assuta in this matter. Assuta will not be liable at all for any damage caused as a result of the embedding of videos from the Website. You are fully and exclusively liable for any embedding, including arranging copyrights and payment to the relevant copyright/performers associations in accordance with any law, and you undertake to indemnify Assuta for any damage caused to it as a result.
15. Without derogating from the generality of the aforesaid, the user undertakes not to perform the following actions (all or in part):
15.1. Displaying content from the Website in any way – including through any software, device, accessory or communication protocol – that changes their design on the Website or that removes any content from them and in particular advertisements and commercial content;
15.2. Linking content from other sites to the Website, which is not the home page of the Website (“Deep Link”), and such content may not be displayed or posted as mentioned in any other way, unless the Deep Link is to a web page on the Website in full and as is (AS IS), so it can be viewed and used exactly in the same way it is used and viewed on the Website. In this framework, it is forbidden to link to content from the Website, detached from the web pages on which they appear on the sites (for example: it is forbidden to link directly to an image or graphic file on the Website, but to the full page where they appear). Furthermore, the exact address of the web page on the Website must appear in the usual place designated for this in the user interface, for example: in the address bar (Status bar) in the user’s browser. This address may not be changed, distorted or hidden and it may not be replaced with any other address;
15.3. Impersonation of any person or other legal entity;
15.4. Loading, sending or transmitting material containing any type of computer virus, or any other computer code, designed to destroy, interfere with, or restrict the use (including any other use other than fair and reasonable use of the Site) of any of the computers, servers, hardware and software which is used by Assuta for the purpose of operating the Website, or by any other third parties;
15.5. Distribution of spam or flooding by any other mail the servers through which the Website is operated;
15.6. Modifying, processing, adapting, sublicensing, translating, editing, selling, performing actions of reverse engineering, disassembling or reassembling any of the code components that make up the Website, of the hardware and software used by Assuta for the operation of the Website;
15.7. Modifying, copying, duplicating, submitting, displaying, performing, copying, publishing, licensing, making available to the public, creating derivative works, transferring, selling or reselling any information, software, products, or services displayed on the Website, without obtaining Assuta’s prior written permission;
15.8. Use of any robot, worm, information retrieval search engine, or any automated, or other manual tool that is designed to index, to retrieve, to monitor, and to locate information on the Website, or such tool that is designed to reveal the structure of the database and the code on the Website. Such means may not be created or used to create a compilation, collection or repository that will contain content from the Website or impersonate any person or other legal entity that uses the Website;
15.9. Displaying information published on the Website or portions thereof within the framework of another site (Frame), or in other media, or as part of another service, without receiving the prior written consent of Assuta;
15.10. Interference in any other way with the operation of the Website, including interference with the operation of the server and the computer network connected to the Website, including an action which at Assuta’s discretion will cause, or may cause, an unreasonable burden on the Website or the Website’s infrastructure;
15.11. Uploading or sending through the Website any material and/or message that is illegal and/or immoral and/or offensive in any way and/or irrelevant;
16. The User undertakes to notify Assuta immediately of any fear of harm to Users or to third parties and of any existing or foreseeable violation of the provisions of the law or these Terms of Use. Assuta shall be entitled to take all measures available to it by law against a User who has violated the Terms of Use as mentioned, including the transfer of his details to third parties, subject to any law.
17. Various notices and updates on behalf of Assuta, including by direct mail, may be sent to the User via the e-mail system, by regular post, via SMS, by facsimile, by an automatic dialing system, in “push” messages through the device through which the User is using the Website or by any other means of communication, in accordance with the provisions of any law.
18. Assuta shall be entitled at any time and without prior notice to update regarding inaccurate or erroneous information you have provided to it, to restrict and to refuse to provide you with access to the Website at the occurrence of one or more of the following cases:
18.1. If there is a concern that you have violated the provisions of these Terms of Use.
18.2. If it is unable to verify or validate information provided by you.
18.3. If it believes that your use of the Website constitutes a financial risk or fraud of any kind or if there is a reasonable concern of this.
18.4. If it believes that your actions may cause a financial loss or payment or create legal liability for you, it or for its clientele.
18.5. If the information you have provided during your registration to the Website was incorrect or false.
D. Intellectual Property
19. All the copyrights and intellectual property rights in the Website the services provided on it and in all content contained therein (including text, graphics, software, images and photographs, videos, tones and trademarks or symbols), are the sole property of Assuta, or of a third party that authorized Assuta to use in them. You may not copy, distribute, publicly display, publicly perform, convey to the public, modify, process, create derivative works, sell or lease any part of the aforesaid, whether by you or through or together with a third party, in any way or by means which are electronic, mechanical, optical, photographic or recording means, or by any other means and way, without receiving the prior written consent of Assuta or from other holders of rights, as applicable and subject to the terms of the consent (to the extent that it is given). This provision is also valid with respect to any processing, editing or translation made by Assuta for content entered or submitted by you to the sites.
20. If such consent has been given, you must refrain from removing, deleting or disrupting any notice or mark regarding intellectual property rights, for example – Copyright mark ©, or Trademark ®, accompanying the content used by you.
21. The trademarks and advertisements of advertisers on the Website are the property of those advertisers only. They may not be used either without the prior written consent of the advertiser.
22. You hereby grant Assuta irrevocable and unconditional authorization to use the information you provide to Assuta (details of its collection and protection are in the Privacy Policy) or which is automatically collected during your visits to the Website or during your use of the Website, for creating anonymous statistical processing and in general for creating averaged data, aggregated data, performance tests or benchmarks, User preferences, comparisons, recommendations or for performing other calculations or creating derivative works based on information provided by you or collected about you, whether together with information obtained from third parties or not (the products of the said actions will be referred to hereafter as “Statistical Information”). Without derogating from the aforesaid, it is clarified that the statistical information is the exclusive property of Assuta and it has all the rights, including copyrights and intellectual property, in connection with the statistical information. Assuta will have an unlimited right to use, update, modify, improve, sell, lease, create derivative works or to make any other use of the statistical information without being required to give notice or without any obligation or liability towards you, all in accordance with the provisions of any law. For the avoidance of doubt, the User hereby assigns all the rights in the statistical information to Assuta, and it hereby waives any right in the statistical information or any claim in connection with any use of it.
E. Liability and Indemnification
23. The services and content on the Website are available on an “As- Is” basis, and the User will have no claim, lawsuit or demand against Assuta in respect of the characteristics of the services or content on the Website, their capabilities, limitations or suitability for the User’s needs. Browsing and using the Website and its services, as well as viewing and relying on the content displayed on them is under the sole and complete responsibility of the User.
24. Assuta, its representatives, employees, managers, shareholders and anyone acting on its behalf shall not be liable for any damage, direct or indirect, caused to the User or to any third party in connection with the User’s direct or indirect use of the Website, of the information or the reliance of the User on it.
25. The User will not have any claim, demand or lawsuit against Assuta or anyone on its behalf for any damage, direct or indirect, in connection with the information and services offered on the Website or through it, their accuracy, reliability, completeness, being up-to-date or the frequency of their publication. The use and reliance on the information on the Website will be under at the sole responsibility of the User.
26. General professional publications presented on the Website do not constitute advice or an opinion and they do not constitute a substitute for obtaining a professional personal opinion from a qualified party. Without derogating from the aforesaid, it is clarified that Assuta is not responsible for the correctness or accuracy of general medical information displayed on the Website (if such information is displayed), including explanations regarding tests and risks involved in medical procedures, and that it is under the User’s responsibility to perform further testing and to receive appropriate professional advice in accordance with his needs.
27. Assuta will take all reasonable measures to ensure that information regarding the User is kept confidential in accordance with the provisions of the law. Assuta will not be responsible for the exposure of information provided by a User in the event of unlawful intrusion into the Website’s computer systems.
28. Assuta cannot guarantee that the activity of the Website will be continuous, without interruptions or without errors. It is possible that at certain times, certain areas, sections or content on the Website (including certain services), or the Website as a whole, will not be available (whether by prior planning or not by prior planning) or will be modified, removed or deleted by Assuta, under its sole discretion, without providing any notice. Assuta will not be liable towards the User or towards any third party with respect to any unavailability, modification, removal or deletion of the Website or any areas, parts or contents of the Website.
29. It is clarified that Assuta’s systems, by virtue of being based on software, hardware and communication networks, are exposed to the risks inherent in such systems, including malicious software (viruses, trojan horses, etc.), eavesdropping on communication lines, hacking by hostile elements, impersonation of the Website or to any of the other online systems and scams. Assuta invests efforts in protecting against these risks, however despite this, there is no possibility of complete blocking and there may be damages or losses due to the realization of any of the risks, including disclosure or disruption of information transmitted or displayed in systems, including disruption in instructions/requests, unauthorized actions, disruptions the operation of the systems or in their response times, including non-execution, incorrect execution or late execution of an instruction/request, unavailability of the systems or any of their services, etc.
30. Without derogating from any of the provisions in these Terms of Use, Assuta will be exempt from liability for any damage, loss or expense that may be caused to you, directly or indirectly, as a result of any of the following events/factors:
30.1. Disruption of data or instructions, or non-execution or late execution of an instruction as a result of any malfunctions or disruptions in the communication lines or an electronic or mechanical malfunction, whether at you, whether at Assuta or at any third party through which the instructions and information pass.
30.2. Malfunction of any software or hardware you have (including anything related to the incompatibility of the device or any malfunction in it).
30.3. Exposure and disclosure of information by you to any third party, as a result of using the Website or as a result of providing inaccurate information or as a result of transferring your device to another, including for the purpose of repairing the device, including in the event that the other views information received from Assuta through the device or performs various actions through it in the framework of the Website, and you undertake to pay for any damage, loss or expense incurred by you or by Assuta in this respect.
31. It is clarified that the aforesaid does not derogate from your responsibility regarding your device, including its security. Furthermore it is clarified that certain actions that you take in the device, such as “hacking it” may harm your use of the Website in addition to some of these actions being illegal and prohibited.
32. The User hereby undertakes to be fully liable for any violation of the Terms of Use and he hereby undertakes to indemnify Assuta for any damage, loss, loss of profit, payment or expense incurred to it, including attorney’s fees and legal expenses in connection with violation of these Terms of Use.
F. Links to External Sites
33. It is possible that from time to time the Website will contain links to external sites, including recommendations of service providers and links made by parties that advertise through the Website, or it will contain accessory functions, extensions, “widgets” or tools that may be operated by third parties, lead to sites or web pages belonging to third parties or offer various offers and promotions on behalf of third parties (“Third Party Sites”). The publication of these Third Party Sites is for your convenience only, including for providing the User with access to information, products or services that may be of interest to him or be useful to him. The use of Third Party Sites or of any information or content on Third Party Sites to which the link leads is subject to strict caution and scrutiny and subject to the terms of use and privacy policy of each such Third Party Site.
34. It is clarified that, Assuta has no control or right over the content contained on these Third Party Sites. Also, Assuta does not bear any responsibility in the event that you have relied on or performed actions in accordance with what is found on these Third Party Sites. The links contained on the Website to Third Party Sites should not be construed as a recommendation, preference or approval to use the material or content or products that appear on Third Party Sites. Also, these links should not be construed as a guarantee of the reliability, accuracy or completeness of the information contained therein. By clicking on the link, you waive any claim or demand or lawsuit against Assuta for any damage or payment or loss incurred by you (if incurred) as a result of relying on or using the information that appears on these Third Party Sites.
35. If you find that the information located on Third Party Sites is material that appears to be improper, illegal, immoral or does not meet expectations of the User, you are asked to notify Assuta of this immediately.
G. Jurisdiction
36. No foreign law or international rules of choice of law shall apply whatsoever to any dispute pertaining to these Terms of Use. The law applicable to the Terms of Use and the use of this Website will be the Israeli law only. The competent court in Tel Aviv-Jaffa only shall have exclusive jurisdiction in any dispute that arises in connection with the Website, the information or their use will be.