CHECK-CAP GENERAL TERMS OF USE

  1. General Comments

The following general terms of use (hereinafter the “General Terms of Use” or “GTU”) apply to and explain the use of this website (hereinafter the “Website”) as well as the use of any and all online services (hereinafter the “Services” or a “Service”) proposed by Check-Cap a Limited company, having its registered office at 29 Abba Hushi Avenue, Isfiya, 3009000, Israel registered according to provisions of the Israeli Companies Law, or by any other of its direct or indirect subsidiaries (hereinafter “The Company”).

The Company reserves the right to modify the present General Terms of Use at any time and at its sole discretion. The updated General Terms of Use will automatically apply to any new Service.

Users of the Website may use the public areas of the Website for informational purposes and are subject to these GTU.

The Company will provide access to the Website and Services to Customers on a 24/7 basis, subject to maintenance operations and limitations as mentioned in the present GTU. Notwithstanding the foregoing, the Company reserves the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to the Users, and is not obligated to support or update the Website. The Company shall not be liable to the Users or any third party in the event that it exercises its right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these GTU.

This website contains information regarding the Company’s Technology, products and services, not available for sale or distribution. Any references to products or services on the Site does not imply that the Company intends to announce or offer these products or services in your country.

By accessing the Website and/or using the Services you signify that you have read and understood these GTU that you agree to be bound by them and to have read our Privacy Policy, whether or not you are a registered user of our Services.

  1. Definition

User” means any user using the Website and/or the Services.

Data” means all data, including personal information transmitted to the Company in order to benefit from the Services.

Party/Parties” means the User or the Company individually or together.

Software” means the computer programs and databases for the automatic processing of data which might be made available to Users by the Company in the framework of certain Services.

Technical Conditions” means the technical conditions and restrictions for using the Website and/or the Services in terms of compatibility and interoperability.

  1. Registration

 

  • When visiting the Website and using the contact tab, you must enter your personal information as requested (name, email address, etc.) in a correct and truthful manner in order to benefit from the relevant Services. In case of changes, your personal information will need to be updated.
  • If your Data appears to be incorrect or incomplete, the Company reserves the right to suspend the Services.
  • The users of this website understand that the Company provides no Medical Advice.
  1. Maintenance

By using the Website and/or Services, you acknowledge and accept that the Company will perform maintenance operations of the Website and the Software and that interruption of access to the Website and unavailability of the Services due to such maintenance operations shall not be deemed to be a faulty behavior of the Company according to these GTU.

 

  1. Warranties
  • By using the Website and/or Services, you acknowledge and accept that the Services are provided on an « as is » and « as available » basis for their use, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
  • The Company makes no warranty that: (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Services will be accurate or reliable; or (d) the quality of any products, Services, information, or other material obtained by you through the Website will meet your expectations.
  • Any content, materials, or information downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. The Company shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, or information.
  • No advice or information, whether oral or written, obtained by you from the Company or through the Website shall create any warranty not expressly made herein.
  • By using the Website and/or Services, you acknowledge and accept that the use of the Services is subject to Technical Conditions. You undertake to comply with these Technical Conditions before subscribing to a Service.
  • By using the Website and/or Services you confirm that you have the proper hardware in order to use the Services and agree not to use any device and/or undertake any action that might cause any damage to the Company.
  • By using the Website and/or Services you recognize the characteristics of the Internet network, and agree that the Company shall not be liable in case of Internet Protocol system interruption due to an act of the Internet service provider or any act outside the Company control.

 

  • You are responsible for taking all actions necessary to limit the damage that could result from possible corruption of files or documents which are included in the Services.

 

  • If you breach any of your obligations as described in these GTU, such as using the Website for illegal purposes, the Company may restrict your access to the Website or terminate any contract without prior notice.

 

  1. Forward Looking Statements

 

The documents provided on this Website contain forward-looking statements and information – that is, statements related to future, not past, events. These statements may be identified by words such as “expects,” “looks forward to,” “anticipates,” “intends,” “plans,” “believes,” “seeks,” “estimates,” “will,” “project” or words of similar meaning. Such statements are based on our current expectations and certain assumptions, and are, therefore, subject to certain risks and uncertainties. A variety of factors, many of which are beyond the Company’s control, affect its operations, performance, business strategy and results and could cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements that may be expressed or implied by such forward-looking statements.

 

  1. Responsibility

 

  • By using the Website and/or Services you guarantee at all times that you will not use the Website and/or the Service in order to:
  1. represent or advocate for illegal activities, as well as false or misleading information;
  2. provide an illegal or unauthorized copy of works protected by copyright, patents and trademarks;
  • stimulate, induce or encourage the transmission of emails, chain letters, unsolicited mass mailing, instant messages, unwanted advertising messages or unsolicited mail;
  1. promote or encourage any criminal activity or business, or provide guidance or instruction on how to promote illegal activities, invasion of privacy, dissemination or creation of computer viruses;
  2. solicit passwords or personal information from other users for illegal commercial purposes;
  3. distribute, reproduce, publish or modify material protected by copyright, trademark or other proprietary rights of third parties in any way without their prior consent.

 

  • The Company is not able to guarantee a continuous and permanent availability of the Website and the Services. The Company will do its best efforts to provide the most efficient Services to its Users, subject to maintenance periods.

 

  • As stated in Article 4, the Company reserves the right to interrupt the Website and Services for maintenance operations. These Services interruptions may not result in any compensation for the User.

 

  • The Company shall not be liable for unavailability of the Website, Services or Software or a loss of Data caused by your faulty act or omission.

 

  • More generally, the Company shall not be responsible in case of interruption or malfunctions of the Website and/or Services for any reason whatsoever.

 

 

  • Whilst using the Website or Services, you may have the possibility to click on links which will redirect you to third party service providers. The Company shall not be liable for the unavailability of such third-party websites or services. More generally, the Company shall not be responsible for the functioning, the content or any other aspect of such third-party websites or services or for any direct or indirect damage you may have due to following such a link to third party websites or services.

 

  1. Violation of GTU

 

  • In case of a breach of your obligations under these GTU, the Company is entitled to terminate or suspend any access to the Website and / or the provision of the Services.

 

  • Suspension, termination, or cancellation of Services or access to the Website due to the violation of your obligations in regard to the present GTU shall not entitle you to compensation of any kind.

 

  • Due to or arising out of, or in any way connected with your use of or access to the Website or your violation of these GTU, you agree to indemnify, defend and hold the Company, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense or loss, including reasonable attorney’s fees, made by any third party.

 

  1. Intellectual Property

 

  • All of the trademarks, service marks and logos displayed on this Website are registered and unregistered trademarks of the Company, its affiliates or subsidiaries, or third parties who have licensed their trademarks to the Company or one of its affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Website or in commercially produced information presented to you through the Website by the Company, its affiliates or its third party licensors (“Content“) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by the Company, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Website or the Content to you.

 

  • You may download, view, copy and print Content, subject to the following:
    • The Content may be used solely for personal, informational or internal business purposes;
    • Any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
    • The Content may not be modified or altered in any way; and
    • No graphics may be used separate from accompanying text
  • Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content contained on this Website or information from the Website in whole or in part without the express permission of the Company.

 

  • Except as provided above, the Software remains the sole property of the Company. Licenses granted to you for certain Services do not constitute a transfer of intellectual property rights on the Software.

 

  • If applicable, the Company hereby grants to you, for the duration of a Service, a non-exclusive, non-transferable and personal license relating to the use of the Software.

 

  • If the Software includes third party’s software editors’ rights, the terms of these licenses will apply to you. In this regard, the Company may not, under any circumstances, grant more rights to you than its editors granted to the Company on their respective software.

 

  • As a consequence, the Company undertakes to hold you harmless from any third party’s editor claim that the intellectual property rights within the Software are infringing its intellectual property rights.

 

  • Any rights not expressly granted herein are reserved. Please be advised that the Company enforces its intellectual property rights to the fullest extent of the law. Certain product, service, or company designations for companies other than the Company may be mentioned in the Website for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where the Company is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

 

 

  1. Protection of personal data

 

  • The Company acknowledges and works to comply with the laws and regulations governing the processing of personal data, in particular with the General Data Protection Regulation (EU) 2016/679 of the 27 April 2016 (GDPR) and any other national law or regulation governing the processing of personal data in connection with the provision of the Website or the Services.

 

  • To know our policy of protection of your personal data and your related rights, please read our Privacy Policy.

 

  1. No Medical Advice

 

  • The information on this Website is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.
  • The Company may in the future provide certain information, reference guides and databases intended for use by licensed medical professionals. These tools will not be intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.

 

  1. Limitation of Liability

 

In no event shall the Company be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website or any Services, even if the Company was advised that such damages were likely or possible. this limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment, failure or mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any force majeure. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.

 

  1. Governing Law and jurisdiction

 

  • These General Terms of Use are governed by and construed in accordance with European regulations or with the law of the country where the User’s personal data have been collected.

 

  • In case of dispute and if the Parties are unable to reach an amicable settlement of their dispute, they agree to submit any disputes arising from the conclusion, construction, performance or termination of these General Terms of Use to the courts of the Member State where the personal data have been collected or to the forum of the competent jurisdiction pursuant to the applicable rules of judicial competence for costumer if different.
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