Welcome to HeraBEAT.com (the “Website”). The Website is owned and operated by Hera Med Ltd., C.N. 51-467654-3 an Israeli company (“HeraMed”, the “Company”, “we”, “our”), whose address is 6 Meir Ariel Street, POB 8576, Netanya 4059300, Israel.
Please carefully read the following terms and conditions of use and sale (the “Terms“), which constitute a binding agreement between you and the Company and define your rights and responsibilities regarding purchases made through the Website.
By accessing or using the Website or by purchasing our products offered for sale on our Website you signify your acceptance of these Terms. If you do not agree to these Terms, you may not access the Website or use it in any manner.
If You are acting on behalf of a corporation, organization or other legal entity, then you represent and warrant that you are duly authorized to enter into this Agreement on behalf of such entity and that you have the proper authority to legally bind the entity to this Agreement.
About the Website
Informative content on the Website. The Website provides content and information about HeraMed and its unique COMPASS™ fetal heart rate monitor device (the “Product”). The Website’s content is presented for informative purposes only. Some sections of the Website allow you to submit your contact details, in order to request support or receive further information and updates regarding the Company’s Product.
Purchase Products. The Website also allows registered users to purchase the Product directly from the Company and receive our technical support and Product Warranty, as more specifically set forth in these Terms.
THE WEBSITE, ITS CONTENT AND THE PRODUCTS ARE NOT, AND ARE NOT INTENDED TO BE, A SUBSTITUTE FOR QUALIFIED PROFESSIONAL MEDICAL DIAGNOSIS, ADVICE, GUIDANCE OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH CARE PROFESSIONAL FOR ANY HEALTH ISSUES.
THE INFORMATION AND THE STATEMENTS ON THE WEBSITE HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA).
IN CASE OF A MEDICAL EMERGENCY, CONTACT YOUR PHYSICIAN OR MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELY.
Minors
You must be 18 years of age or older in order to purchase and use our Product.
Registration and User Account
Registered users. Only registered users who have signed-up to the Website with a user account (“User Account”) are eligible to purchase the Product. You must submit only true, accurate and complete details when registering to the Website. You are solely responsible and liable for all activities performed with or through your User Account. To prevent unauthorized use, keep your password confidential and do not share it with any third party.
User Account misuse. You are prohibited from selling or transferring your User Account or making it available to anyone else. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process.
Secure your account. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details, and may not provide or disclose them to anyone else.
Pricing, Product Availability and Taxes
Prices. Product prices are listed in local currency and are exclusive of any taxes, fees, duties, and levies (“Product Price”). Product Price is subject to change without notice. Despite our efforts, Products might be presented with incorrect prices and Product quantity or availability might be incorrectly indicated. We will correct such errors when we discover them.
Invalid orders. If you’ve ordered a Product that has been incorrectly priced, or whose quantity or availability has been incorrectly indicated on the Website, we will suspend the order, contact you, advise you of the error and seek your further instructions in light of the correct Product price, quantity or availability. We are not obligated to provide a Product at an incorrectly indicated price that is lower than the Product’s correct price, if the incorrect price is an obvious error.
You agree that if we are unable to ship the Product you ordered due to unavailability, we may decline our acceptance of your order and cancel it by notifying you to that effect, without liability to you.
Tax. Any Taxes related to the Products purchased through the Website are at your own responsibility (excluding taxes based on our net income). Where taxes apply, we will use best efforts to add them to your checkout amount and seek your confirmation to the total amount due, including taxes. However, we cannot guarantee the accuracy of the tax amount presented to you. If we later determine that we have under-collected taxes on your order, we reserve the right to charge you for any under-collected amount. If we later determine that we have over-collected taxes on your order, we will make our best effort to refund you for the over-collected amount.
WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, ARE NOT AND SHALL NOT BE LIABLE TO YOU FOR ANY HARM, LOSS, EXPENSE OR OTHER DAMAGES YOU MAY INCUR AS A RESULT OF OUR ERROR IN CALCULATING THE TAXES OWED FOR PRODUCTS YOU PURCHASED, IN EXCESS OF THE DIFFERENCE BETWEEN THE CALCULATED TAXES AND THE CORRECT TAX AMOUNT.
Payment Options
Payment methods. We accept payments by PayPal, credit cards or debit cards. If we are unable to process your payment, we reserve the right to cancel your order, with email notification to you.
We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. Payment methods are processed and handled through relevant third parties, such as PayPal. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
Shipping
At this time, we only ship Products to addresses within countries in which our Products were approved. We will deliver the purchased Product within a reasonable time after we complete processing your purchase order, subject to their availability. Shipment of purchased Products may be subject to additional fees, please click here for more information on shipping. The risk of loss and title for Products you purchase pass to you upon delivery of the item to the carrier.
If you choose to purchase our Product in country which is not yet approved by the relevant local regulatory authorities, we will not be able to provide you with support, warranty or any kind of liability with respect to the Product.
Service and Customer support
Technical support. If you purchase our Product, you are eligible to receive our technical support for Products you purchased through the Website, as set forth in this section and subject to all other provisions of these Terms. Our Technical Support is available as long as the Company conducts its Website business, and is offered without additional charge. Our Technical Support will only cover technical assistance on questions, problems and inquiries regarding the purchased Product.
Support requests. We provide Support only by means of e-mail correspondence, during our normal business hours, at: support@hera-med.com. We will make an effort to respond to technical support requests within a reasonable time and provide a reasonable resolution to your technical support request.
Additional information. Notwithstanding anything to the contrary in these Terms, the Company: (a) has the right to decline to provide technical support for matters that, in the Company’s judgment, would require unreasonable time, effort, costs or expenses; and (b) makes no warranties regarding any specific response-time or the successful or satisfactory resolution of the question, problem or inquiry referred to our technical support.
Please note that this product can be repaired only by professional technical persons authorized and approved by us.
Acceptable use of the Website
The following terms define the acceptable use of the Website. You agree to abide by all applicable laws when using the Website. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Website.
While using the Website, you agree to refrain from –
- Breaching theses Terms or any other applicable Website rules and instructions that we may provide;
- Interfering with, burdening or disrupting the functionality of the Website;
- Breaching the security of the Service or identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website;
- Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, 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 may 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 of our Website; and
- Linking to the Website from web pages that contain pornographic content or content that is unlawful or encourages prohibited activity such as racism or wrongful discrimination.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE. WE MAY BLOCK YOUR ACCESS TO AND USE OF YOUR USER ACCOUNT WITHOUT PRIOR NOTICE AND IN OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE FRAUDULENTLY OR ABUSIVELY USING THE WEBSITE.
Contacting us
You may contact the Company by using one of our online ‘Contact’ forms, available on our Website.
When using our online form, we will ask you to provide us with certain contact and personal details, such as your full name, email address, etc. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may impair our ability to contact you. We will explicitly indicate the mandatory fields for completion.
Links
Link to other websites. The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted there not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.
We do not endorse third party websites. By linking to a particular 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, or for any transactions made between you and such third party websites.
Privacy
The Company respects your privacy. Click here to read our current privacy policy. It forms an integral part of these Terms. Given that the privacy policy may change from time to time, we recommend that you periodically read it.
Intellectual Property
Our intellectual property. The intellectual property rights associated with the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, domain name, the Website’s “look and feel”, computer code and any other detail concerning its operation.
Restrictions. Do not copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company’s explicit prior and written consent.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
Changes and Availability
The Company may, from time to time, change the Website’s structure, layout, design or display, as well as the scope and availability of the information, Products, and content therein – all without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. You will have no plea, claim or demand whatsoever against the Company ensuing from the introduction of aforesaid changes, from glitches or any kind of failure resulting from their introduction.
Termination and suspension
Operation of the Service. The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and the Website’s business, or any part thereof. The Company is not obligated to give any notice prior to such discontinuation or suspension, and these Terms shall terminate upon our permanent discontinuation of the operation of the Website and the Website’s business.
Terminating your User Account Further, and in addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your User Account and these Terms if we have reason to believe that –
- You abused your rights to use the Service; or,
- You have breached these Terms; or
- You performed any act or omission that violates any applicable law, or is harmful or may be harmful to us or any other third party, including other users of the Website.
Upon termination of these Terms or your User Account, for any reason –
- Your right to use the Service is terminated and you must immediately cease using the Service; and,
- We will not be liable to you for termination of access to the Service.
The following sections shall survive any termination, or expiration of the Terms: Pricing, Product Availability and Taxes, Termination, Intellectual property, Privacy, Limitation of liability, Indemnity, Governing Law & Jurisdiction.
Changes to the Terms
Changing these Terms. The Company may change the Terms from time to time. We will notify you of the changes by posting them on our Website or by some other means of notification. Your continued use of the Website after the effective date of the amended Terms constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to Products purchased prior to the effective date of the amendments.
Changing the Website. We may, at any time and without prior notice change the layout, design, scope, features or availability of the App, our Website and the Service.
Company Two Year Limited Product Warranty
Product Warranty. The Company’s Product warranty obligations are limited to the terms set forth in this section and are subject to all other provisions of these Terms (the “Product Warranty”).
Warranty Period. The Company warrants each Product you purchased through the Website against technical malfunctions, technical defects and technical failures (but excluding physical damage to the Product), for a period of TWO (2) year from the date the Product you purchased through the Website leaves our facility for shipment to you (the “Warranty Period”).
Repair of Products. If a technical malfunction, technical defect or technical failure occurs in a Product your purchased from us, then we, at our choice and option, will repair or replace it without charge. If we repaired your Product, the repaired Product will be under the Product Warranty set out in this section, for the remaining Warranty Period of the original Product.
To obtain our Product Warranty service, simply ship the Product to our facility, as per the instructions provided on the Website. We will cover the cost of shipment and will make efforts to repair or replace as quickly as possible.
We will not repair the Product in the following cases:
- Product has been damaged from improper operation (misuse).
- Product has been damaged because of improper connection to other equipment.
- Product has been damaged (such as physical damage) by accident or abuse.
- Product has been modified without written authorization from the manufacturer.
- If you have removed or rendered illegible the Product’s serial number;
- Products that have been dismantled, tampered with, repaired, or modified by anyone other than the Company or a service provider authorized by the Product’s manufacturer.
THE PRODUCT WARRANTY AND REMEDIES SET FORTH IN THIS SECTION ARE THE COMPANY’S EXCLUSIVE WARRANTIES TO YOU WITH RESPECT TO THE PRODUCTS AND IN LIEU OF ALL OTHER PRODUCT-RELATED WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, BY THE COMPANY, ITS EMPLOYEES OR REPRESENTATIVES. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES REGARDING THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT THAT THE COMPANY CANNOT, AS A MATTER OF LAW, LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS PRODUCT WARRANTY, ALL SUCH IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS PRODUCT WARRANTY. WE DO NOT REPRESENT THAT WE WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS PRODUCT WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF SOFTWARE OR DATA.
DISCLAIMERS WARRANTY
EXCEPT AS PROVIDED IN THESE TERMS AND THE DEVICE’S INSTRUCTION FOR USE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT THE WEBSITE, ITS CONTENT, PRODUCTS, AND PRODUCT DESCRIPTIONS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, COMPATIBILITY, PERFORMANCE, SECURITY AND DATA SECURITY, ACCURACY, TITLE OR NONINFRINGEMENT.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE, ITS CONTENT OR THE PRODUCTS, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER. YOU AGREE AND ACKNOWLEDGE THAT USE OF THE WEBSITE AND ITS CONTENT ARE ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED, THAT THEY WILL BE FREE FROM ALL HARMFUL COMPONENTS, SAFE, SECURE, IMMUNE FROM DAMAGES, OR FREE OF MALFUNCTIONS, BUGS OR FAILURES. SUCH INCIDENTS WILL NOT BE CONSIDERED A BREACH OF THESE TERMS.
LIMITATION OF LIABILITY
THE COMPANY, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT OR LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, WHETHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE PRODUCTS, OR ANY OTHER ASPECT OF THESE TERMS.
WITHOUT DEROGATING FROM THE LIMITATION OF LIABILITY CONTAINED HEREIN, SHOULD THE ABOVE LIMITATION OF LIABILITY BE DEEMED INAPPLICABLE OR UNENFORCEABLE, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY DAMAGE, LOSS OR CAUSES OF ACTION (WHETHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY), IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE, LOSS OR CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify and hold the Company, its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of these Terms, your use of the Website or the Products, or your violation of any right of a third party in connection with the Website and the Products.
Notices
Notices from us to you, required under the Terms or otherwise necessary, may be given by email communication to the email address of record in your User Account, or by posting on the Website. Such notices shall be deemed to have been given in writing.
Applicable Law and Dispute Resolution
Regardless of your place of residence or where you access or use the Website or Product from, these Terms and your use of the App will be governed by and construed solely in accordance with the laws of the State of Israel.
The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to the App and the Service or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.
General
Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and all “i.e.” and “such as” notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign, transfer or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities and obligations herein.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.