Welcome to www.vayadirect.com (the “Website”), an online resource for information, activities, products and services related to VAYATM. (“VAYA”, “We” and “Our”).
These Terms apply to the use of the Website, the services and content included therein by every computer or other communication means (like cellular phones, PDA’s, etc.). These Terms further apply the use of the Website via the Internet network or any other communication networks.
2. No Professional or Medical Advice
THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE OR HEALTHCARE SERVICES.
THE CONTENT ON THE WEBSITE, INCLUDING ANY TEXT, IMAGES AND VIDEO CLIPS, IS MADE AVAILABLE FOR GENERAL INFORMATIVE AND EDUCATIONAL PURPOSES, AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. PROFESSIONAL MEDICAL AND HEALTHCARE CONSULTATION DEPENDS ON THE PRECISE FACTS OF EACH AND EVERY INDIVIDUAL CASE. THE CONTENT ON THE WEBSITE IS IN NO WAY A SUBSTITUTE FOR ANY SUCH PROFESSIONAL CONSULTATION. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS FOR DIAGNOSTIC AND TREATMENT PURPOSES.
3. Acceptable use of the Website
You agree that you are solely responsible for all your acts or omissions associated with your access and use of the Website and the access and use of the Website by anyone on your behalf.
While using the Website, you agree to refrain from willfully, or carelessly –
- Breaching the Terms or any other applicable rules and instructions that We may convey with respect to the use of the Website;
- Interfering with, burdening or disrupting the functionality of the Website;
- Circumventing or manipulating the operation, or functionality of the Services;
- Using the Website or the materials and content on the Website in a manner that constitutes infringement of Our rights or in a manner that has not been authorized by VAYA;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with VAYA, or in such ways that might impair or disrupt the Website’s functionality;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
- Displaying content from the Website, including by any software, feature, gadget or communication protocol, which alter the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
- Abusing, harassing, threatening, impersonating or intimidating other users;
- Linking to the Website from web pages that contain pornographic content or content that encourages racism, discrimination or other wrongful or offensive behavior;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
VAYA reserves the right to limit, restrict, suspend, or block your use of this Site at any time, and may take immediate corrective action if you violate the terms and conditions as provided under the Terms.
4. “Contact Us” form
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the form completion process.
5. Links to other sites
The Website may contain links to content published on other websites or external sources, provided by third parties. These links are provided as a convenience for you. We do not operate, or monitor these websites and content, nor are We responsible for the content on third-party websites. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By including a link on this Website, We do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability.
VAYA may include paid advertisement on behalf of interested vendors on the Website. By clicking the advertisements you may be shifted to a website of the advertiser or receive messages, information or offers from the advertiser. VAYA is not responsible for the privacy practices of the advertiser, or the content of its website, other information, messages or offers. You are fully responsible for all communications with advertisers and for all subsequent transactions with advertisers.
7. Other information
The Website’s content is presented for informative purposes only. None of the content or information on the Website constitutes legal or regulatory advice, in particular, no legal, regulatory or other advice regarding the laws and regulations applicable in your territory is provided on the Website. You should consult attorneys and regulatory advisors before undertaking any marketing, promotional and sale activity in your territory.
The Website may contain forward looking statements, which are based on Our expectations related to future events and projects. These statements reflect Our current expectations only and inherently include uncertainties and risks. They are also dependent on factors that may not materialize. Therefore, actual events may differ substantially from any projections made in these statements. We may not keep these statements updated at all times and We do not undertake any obligations with respect to these statements, except as required by law.
9. Comments and Other Submissions
By using this Site, you agree to not violate any right of a third-party, and any Submission by you must not contain any libelous, abusive, threatening, infringing, defamatory, vulgar, or otherwise offensive or unlawful material. VAYA will cooperate with law enforcement or judicial orders in investigations or requests to provide identifying information of any party posting such material.
10. Website Contents and Intellectual property
You are granted a limited, nonexclusive right to use the Website Content to view, print or download Website Content for your personal, non-commercial use provided you keep intact all copyright and other proprietary notices. You are not authorized to distribute, sell, modify, publish, exploit, harm, or prepare derivative works from the Website Content, or link to the Site from another location without the express written permission from VAYA.
All rights not expressly granted are reserved by VAYA.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Our trademarks, service marks and logos. You must avoid any action or omission that may dilute, or tarnish Our goodwill. Trademarks and advertisements of VAYA on the Website are the exclusive property of VAYA.
VAYA respects the intellectual property rights of others; however, VAYA does not warrant nor represent that the Website’s content or the materials on the Website that are not under the control of VAYA will not infringe the rights of third parties. If you believe that certain content published on the Website infringes your rights, you may contact us by using the ‘Contact Us’ form on the Website, and We will do our best to provide a prompt response to your complaint.
DISCLAIMERS OF WARRANTY
VAYA PROVIDES THE WEBSITE AND THE SERVICES, PRODUCTS AND CONTENT INCLUDED THEREIN FOR USE “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. THE WEBSITE, SERVICES, PRODUCTS AND CONTENT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, PRODUCTS, CONTENT, AND SERVICES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
VAYA MAKES NO WARRANTIES OR REPRESENTATIONS TO THE ACCURACY, RELIABILITY OR CORRECTNESS OF THE INFORMATION ON THE WEBSITE. VAYA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED ON THE WEBSITE.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
APPROPRIATE PROFESSIONAL COUNSEL DEPENDS ON THE EXACT CIRCUMSTANCES OF EACH AND EVERY CASE. THE CONTENT ON THE WEBSITE IS NOT A SUBSTITUTE FOR SUCH COUNSEL. THIS IS TRUE ESPECIALLY AND IN PARTICULAR FOR CONTENT RELATED TO MEDICINE. SUCH CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL COUNSEL AND CARE WHERE SUCH ARE REQUIRED. SUCH CONTENT MAY SOMETIMES REFLECT A CERTAIN APPROACH OR PERSONAL OPINION OF THE WRITER. THEREFORE IT SHOULD BE TREATED WITH THE NECESSARY CAUTION. IF YOU DECIDE TO RELY UPON THE CONTENT POSTED ON THE WEBSITE OR TO ACT THEREUPON, YOU BEAR THE FULL AND SOLE RESPONSIBILITY TO YOUR ACTION AND TO ANY POSSIBLE CONSEQUENCES.
LIMITATION OF LIABILITY
VAYA, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE TO DISCONTINUE USE OF THE WEBSITE, PRODUCTS, SERVICES AND OTHER MATERIALS FOUND ON THE WEBSITE.
You agree to indemnify, defend and hold harmless VAYA, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving a written notice from VAYA, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Website.
VAYA, and its shareholders, officers, directors, employees, agents, distributors, and vendors reserve the right to provide their respective full and exclusive defense in a matter subject to this Indemnification provision at your sole expense.
13. Changes to the Website
From time to time, We may change the Website’s layout, design or display, as well as the scope and availability of the content and Services accessible therein, without giving prior notice. By their very nature, changes of this type may cause inconvenience or even malfunctions at first. You agree and acknowledge that We do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
The availability and functionality of the Website depends on various factors and elements, including software, hardware and communication networks. Third parties provide some of these elements. None of these factors are fault free. We do not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
15. Termination of operation
VAYA may at all times and at its sole discretion, discontinue, temporarily or permanently, the operation of the Website, or any part thereof. VAYA is not obliged to give any notice prior to such discontinuation. At any time, VAYA may block, remove or delete any Content from the Website, without maintaining any backup copy. You agree and acknowledge that VAYA Pharma does not assume any responsibility with respect to, or in connection with the termination of the Website’s operations and loss of any data as a result.
16. Governing Law and Jurisdiction
These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions.
The competent courts in the City of Tel-Aviv-Jaffa, Israel, shall have sole jurisdiction over any claim in connection with the Website and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept service of process by mail, or by electronic mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
17. Amendments to the Terms
From time to time, VAYA may change the Terms. VAYA is under no obligation to provide notice to y ou of any such change or amendment. Unless noted otherwise, the amendments will become effective immediately upon their initial posting.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then immediatively discontinue any use of the Website. You are encouraged to periodically review VAYA’s Terms to ensure you are aware of any such amendments and changes.
The section headings in the Terms are included for convenience only and will take no part in the interpretation or construction of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification Sections, will survive the termination or expiration of the Terms or the termination of the Website’s operation.
21. No Waiver
22. Correction of errors
We put great effort in ensuring the reliability of facts and information that We post on the Website. However, errors may sometimes occur. If you think that any information or publication that We have posted on the Website is erroneous, contact us by using the ‘Contact Us’ form on the Website.
23. Entire Agreement
24. Contact us
VAYA respects the privacy and good reputation of the Website users. If you think that certain posting or content published on the Website harms or offends you in any way, you may contact us by using the ‘Contact Us’ form on the Website, and We will do our best to provide a prompt response to your complaint.
Effective Date: February 14, 2018