Regulations, Terms of Use and Privacy Policy for the website "MEDSHAPE"

Pam Patel We welcome your choice to browse the website operated by them at: www.medshape.co.il ("The website").

The site allows online purchase of products after surgical operations, such as post-operative compression garments, shapers, sleeves, bras, belts, ointment and silicones for scar treatment, and more ("The Products"). The products can be purchased on the site conveniently and securely. The site also provides information about the products offered for purchase.

1. Using the website:
   • These Terms and Conditions of Use constitute a binding agreement between you, whether individually or through a corporation ("you") and the site regarding browsing and using the site on any computer or other communication device such as a mobile phone, tablet computers, etc. They also apply to the use of the site and/or related sites via an application or any other means. Read the Terms and Conditions of Use carefully, as browsing the site and performing actions therein indicate your agreement to the terms contained in these Terms and Conditions of Use ("The Regulations").
   • The provisions of the regulations apply equally to both sexes, and the use of masculine and/or feminine language is for convenience only.
   • Browsing the site is permitted at any age. Purchasing on the site is intended for those with legal capacity over the age of 18 only. Purchases by a minor under the age of 18 on the site require the approval of a parent or guardian.
   • In general, browsing and browsing the site does not require registration, and is open to any surfer. Without derogating from the above, the site reserves the right to prevent a surfer who has not registered with the site from accessing certain services on the site, for any reason or justification, at its sole discretion, without the need for prior notice or warning and without being liable for any damage resulting from its decision.
   • In the event that it is determined that a provision in these regulations is unenforceable or invalid for any reason, this will not affect or impair the legality, validity and enforceability of the remaining provisions of the regulations.
2. Making a purchase on the site:
   • The products displayed on the site can be purchased conveniently and securely, using a credit card or any other payment method displayed on the site.
   • Prices, availability and other purchase conditions appear on the pages of the site and may change from time to time. The site reserves the right to change the range of products or discontinue them or change the price of products offered on and off the site, without prior notice.
   • When ordering on the Site, you are responsible for providing true, accurate, current and complete information. The Site may verify the details entered after placing an order, and may cancel or limit the order at any time. If a payment has been made for a canceled order, the Site will refund the payment amount to the same payment method.
   • If, for any reason, the credit card company refuses to transfer the payment amount for a purchase on the Site, the Site shall be entitled to suspend or immediately terminate the provision of the service and may demand payment plus any costs incurred by the Site due to the refusal (including third-party fines) by other means, at the Site's discretion. If the Site is forced to take legal action to collect payment balances, you undertake to indemnify the Site for all expenses incurred, including attorney's fees and other legal expenses.
   • Purchasing on the site is subject to additional terms and conditions of the credit companies and/or any other payment method that appears on the site.
   • From time to time, the Site may offer various promotions, benefits and discounts. The Site may offer such promotions and discounts on the Site, and may change or discontinue or update them at any time, all at its discretion.
3. Purchase using coupon code:
   • The site will be entitled to produce coupon codes from time to time and subject to its discretion, which will provide a discount at a specified rate in accordance with the information that will be published together with the coupon code ("Coupon Code").
   • The coupon code will be valid for one-time use and for a specified period, for purchases on the site only. It will not be possible to redeem a coupon code more than once per transaction. Multiple coupon codes cannot be used in a single transaction.
   • The coupon code cannot be converted into a discount and/or other benefit and/or exchanged for cash.
   • The validity of the coupon code will be limited to the time specified in the publication accompanying the coupon code and/or in the email message and/or SMS message as sent to the customer.
   • A coupon code that is not used within the validity period given to it will be canceled and will not entitle customers to any discount and/or benefit under it. In this regard, the customer will have no claim against the site for the expiration of the coupon code.
   • Purchases with coupon codes and their use will be subject to these regulations.
   • Coupon code redemption will be done by entering the coupon code in the designated space on the purchase page of the website. The discount provided by the coupon code will be displayed automatically after entering the coupon code.
   • In the event of a transaction cancellation for a product purchased using a coupon code, the refund that will be returned to the customer, to the extent that he has the right to receive a refund, will be the one actually paid (i.e. after redeeming the coupon code), and subject to the cancellation policy below.
   • The Site reserves the right to change and/or update and/or correct and/or cancel immediately, and for any reason whatsoever, in accordance with its sole discretion, the coupon code and/or its validity and/or the discount rate provided by the coupon code and/or the terms of use of the coupon code, by publishing a notice on the Site and/or in the Regulations. Such notice shall serve as sufficient notice, and customers shall have no claim and/or claim and/or demand against the Site in respect of the above.
   • You can contact the site with any questions and/or clarifications regarding the coupon codes and/or the redemption of the coupon codes, using the contact information indicated under the regulations.
4. Shipping Policy:
   • The site will ensure the delivery of an order placed on the site to any location agreed upon by the parties when placing the order on the site.
   • Orders placed on the site will be processed and delivered according to the schedules as detailed below:
     • 2-7 business days via home delivery;
     • Self-collection by prior arrangement.

"Business day" – Sunday through Thursday, excluding general Sabbath days, holiday eves, and days when banks in Israel are closed.

• The shipping cost may be updated from time to time in accordance with what is stated when placing the order on the site.
• The site may set a minimum amount for an order on the site.
• In the event that a product ordered on the site is not available in stock, the site will notify the customer. If the customer is not available, the site will ship the order without the missing product.
• If the customer is not present at home when the courier arrives, at the time coordinated with him in advance, the order will be returned and sent again after payment of additional shipping fees by the customer.
• In the event that the customer indicates in the order or subsequently that he agrees that the order will be left at the door or with a neighbor whose name is stated in the order, the sole responsibility arising from leaving products at the door or with a neighbor, as stated above, will be the customer's.
• Delivery of orders will be possible subject to the following conditions:
  • There is reasonable accessibility to the place of booking;
  • The website (including its courier company) makes deliveries in the same area;
  • If it is an organization, institution, kibbutz or settlement that cannot be reached without special permission and/or does not have a regulated registration of streets and/or house numbers, the order will be delivered to the central distribution point in that location.
• The site will not be responsible for any delay and/or delay in delivery and/or non-delivery, which may result from:
  • Force majeure and/or events beyond the control of the Site;
  • For reasons related to the website's courier company;
  • Closing the economy so that the activities of the site and/or its suppliers and/or service providers are affected, for any reason.

5. policy Refund, change and cancellation of orders:
   • A request for a refund, change or cancellation of a transaction will be submitted to the site using one of the means of communication that appear at the bottom of the regulations.
   • Refund, change or cancellation of an order will be possible with a refund or exchange within a period of up to 14 days after the customer receives the order.
   • The refund will be made using the payment method used by the customer to place the order.
   • If the refund, change or cancellation is requested after 14 days from receipt of the order, a request for a refund, change or cancellation of a transaction will be allowed subject to the sole discretion of the site.
   • A return, change or cancellation will be approved after the customer receives written notification from the website confirming this.
   • In the event that a refund, change or cancellation was made because the customer regretted it (and not due to a defect or incompatibility) and was approved by the site:
     • The customer must return the product to the site in the same condition as when he received it, without damage or defect;
     • The product will be returned with a transaction invoice or proof of transaction;
     • The costs associated with returning the order will be borne by the customer;
     • A cancellation fee of 5% of the product amount or 100 NIS (whichever is lower) will be charged.
   • In the event that a refund, change or cancellation is made due to a defect in the product, the responsibility for collecting or replacing the defective product from the place where it was delivered will apply to the site.
   • A product that is defined as defective by the customer will be inspected by the site. If, after inspection by the site, the product is found to be in good condition and/or the defect occurred after the customer received the product as a result of unreasonable use, the customer will not receive a refund and will have the option of requesting that the product be sent back to him subject to payment of shipping fees once again.
   • The provisions of the regulations are subject to the provisions of the Consumer Protection Law, 5741-1981.
6. Intellectual Property:
   • Unless expressly stated otherwise, all copyright and intellectual property in the Site, including, designs, images, audio, video, text, databases, software, code ("The content"(as well as logos, trademarks, etc.)"The Signs") are owned solely by the Site, or by a third party who authorized the Site or granted the Site a license to legally use the content or marks, including the Site's business partners.
   • The content and marks are provided "AS IS" for personal use only. Unless otherwise expressly stated, you may not copy, distribute, publicly display, publicly perform, transmit to the public, modify, process, create derivative works from, sell or rent any part of the above, either directly or through or in collaboration with a third party, in any way or means, whether electronic, mechanical, optical, photographic or recording, or in any other way or means, without obtaining prior written consent from the site or other rights holders, as applicable, and subject to the terms of the consent.
   • If and to the extent that such consent has been given, you must refrain from removing, deleting or disrupting any notice or mark regarding intellectual property rights, for example: the copyright symbol © or trademark ®, accompanying the content that will be used.
   • Provided that you are entitled to browse the Site, the Site grants you a limited license to use it and to download or print a copy of any portion of the Content to which you have been granted appropriate access for your personal, non-commercial use only.
7. Copyright and intellectual property infringement:
   • We respect the copyrights and property rights of others. If you believe that information or content on the Site violates your proprietary rights, please contact us using the contact information at the bottom of these Terms of Use.
8. User statements:
   • When browsing the site, you undertake and declare as follows: (1) browsing the site and use are your sole responsibility; (2) the details you entered when leaving details and/or making a purchase on the site are correct, up-to-date, accurate and complete; (3) if necessary, in the event of a change in details, you will update them by contacting the site; (4) you have legal capacity and agree to the terms of the regulations; (5) you will not use the site by automated or non-human means, whether via a BOT, script or in any other way; (6) you will not use the site illegally; (7) your use of the site will not violate any relevant law or regulation.
   • The site may, at its absolute discretion, prevent any user from using the site. Without derogating from the above, the site may block access to it or part of it if, when leaving details on the site, incorrect, out-of-date or incomplete details were intentionally provided.
9. Prohibited activities on the site:
   • You may not use the Site except for the purposes for which it was intended. Use of the Site is permitted for private and personal purposes only and may not be used for commercial purposes except for those specifically approved by the Site.
   • As a user of the website, you agree not to:
     • Retrieve data or other content from the Site to create or compile a collection, database or directory without prior written permission from the Site;
     • Make any use of the website designs;
     • Make unauthorized use of the site, including collecting email addresses, etc. by electronic or other means for the purpose of sending emails by automated means;
     • Bypass, disable or otherwise interfere with the security of the Site, including using applications that prevent or restrict the use or copying of any content;
     • Defraud or mislead the website and/or its users;
     • Misuse the Site's support services or submit false reports regarding use of the Site;
     • Make automated use of the system, such as using scripts to send comments or messages, or using data mining, robots or similar data collection and extraction tools;
     • Attempt to impersonate another person and/or transfer the website access details to another person;
     • Use information obtained on the Site to harass, abuse or harm another person;
     • Use the Site as part of any effort to compete with the Site;
     • Retrieve, decode or reverse engineer any part of the Site, a Site feature or Site application;
     • Harass, intimidate or threaten any of the Site's employees or agents;
     • Delete the copyright or proprietary rights notice from any content or mark;
     • Copy or adapt the website code or any part thereof, including but not limited to HTML, JavaScript, PHP, CSS, JSON or other code;
     • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including spam, that would interfere with the use of the Site;
     • Perform an action that will harm or damage the website, at the discretion of the website;
     • Use the website in a manner that is inconsistent with the law, regulations and case law.
   • Without derogating from any other right, any use of the Site in violation of the above may result in, among other things, termination or suspension of your rights to use the Site.
10. Third-party content:
    • The site may use links to other sites ("Third Party Sites") as well as articles, images, text, graphics, photos, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third-party sites ("Third-party content"). Third-party sites and third-party content are not investigated, monitored, or reviewed by the Site and the Site is not responsible for third-party content published through the Site, accessed through the Site, available through the Site or installed on it, including content, opinions, reliability, privacy practices or other policies of or contained in third-party sites or third-party content. Use of a link or permitting the use or installation of third-party sites or any third-party content does not imply approval or approval thereof by us, and the responsibility for entering this link lies solely with the surfer, and he must check it before entering it.
    • The Site does not take responsibility for any purchases you make from third-party sites or other companies, which will be made and will be valid exclusively between you and the relevant third party.

11. Website management:
    • We reserve the right to: (1) monitor violations of these Terms of Use; (2) take legal action against anyone who violates the provisions of the law or the provisions of these Terms of Use, at the sole discretion of the Site, including, without limitation, reporting the user to law enforcement authorities; (3) refuse, restrict access to, limit availability of, or disable (to the extent technologically possible) any of your contributions to the Site or any part thereof, at the sole discretion of the Site and without limitation; and (4) manage the Site in a manner that protects its rights and property and facilitates its proper functioning.
12. Permission for mailing, publications and advertising:
    • A surfer who has left details on the site and is added to the site's mailing list, authorizes the use of his details for the purpose of receiving marketing information, updates and advertisements that the site will place from time to time.
    • The mailing instructions detailed in the regulations below will apply to a surfer who has left such details.
    • Do not leave another person's details on the site without their consent and/or without their presence in front of the screen at the time of leaving the details and after all the terms of the regulations have been explained to them.
    • When leaving the details, the surfer will be asked to provide personal details such as: first name, last name, telephone number, and an active e-mail address (at the sole discretion of the site). Providing partial or incorrect details may prevent the possibility of using the service and prevent contact if necessary. In the event of a change in details, they must be updated on the site.
    • It is clarified that there is no legal obligation to provide details on the site, however, without providing them, it will not be possible to receive marketing content and updates from the site.
    • The site will not use the information provided, except in accordance with the site's privacy policy, which forms an integral part of the regulations.
    • Leaving details on the site and consenting to receive marketing content includes, among other things, receiving marketing content, information regarding promotions, updates and discounts offered to registered users.
    • Mailing approval (receipt of marketing content) as stated constitutes the surfer's consent to the sending of advertising materials according to the Communications Law (Telecommunications and Broadcasting) (Amendment No. 40) 5768 – 2008 ("Communications Law").
    • It is clarified that the subscriber may remove himself from the mailing list at any time by clicking on "Remove from mailing list" or any similar text that appears at the bottom of any mailing sent or by contacting the site by email. As long as the subscriber has not removed himself from the mailing list as aforesaid, the site may, subject to the Communications Law, send the subscriber direct mailing as aforesaid.
    • The Site may cancel a surfer's registration for the mailing list at its absolute discretion. Without derogating from the above, the Site may prevent a surfer from surfing and/or cancel registration for the mailing list, or block access to it in any of the following cases:
      • If, when leaving the details and/or purchasing on the site, incorrect details were intentionally provided;
      • In the event that the site is used to commit or attempt to commit an illegal act under the laws of the State of Israel, or an act that appears on its face to be illegal as stated, or to enable, facilitate, assist or encourage the commission of such an act;
      • If the terms of the regulations have been violated;
      • If any action is taken by a surfer that prevents others from continuing to use the site in any way.
      • The information in the mailing should not be considered a promise of any result and/or a warranty for the product and/or service offered therein.
    • The site will not be liable for any damage (direct or indirect), loss, distress and expenses incurred by the person leaving details and/or any third parties as a result of use of or reliance on any content, information, data, presentation, advertisement, product, service, etc. that appears in the mailing. Any such reliance is made at the sole discretion and responsibility of the person leaving details.
    • The mailing as a whole, including all the information appearing therein, is offered as is, and will be as accurate and correct as possible, however, the information may be incomplete or, alternatively, technical or other errors may have occurred in the information.
    • The user confirms that he will have no claim regarding advertisements and/or advertisements displayed on the site, including regarding their location on the site. It is clarified that with regard to advertisements displayed under the sponsorship of a third party, the site has no interference in the selection of the advertisements displayed, the veracity of their content, and the order of their appearance.
13. ending:
    • The terms of these Terms of Use will remain in effect while you are using the Site. Without derogating from any other provision of these Terms of Use, the Site reserves the right to prevent any user from using the Site (including blocking certain IP addresses), for any reason or justification whatsoever (without having to provide a reason or justification), at its sole discretion, without the need for prior notice or warning and without being liable for any damage resulting from its decision. The Site may also terminate your use of it and any content or information you have posted at any time, without prior warning.
14. Site changes, malfunctions and service interruptions:
    • The Site reserves the right to change or remove the Site Content from time to time for any reason at its sole discretion and without prior notice. The Site is not obligated to update any information or content on the Site.
    • The Site will not be liable to you or any third party for any modification, suspension or discontinuance of such service.
    • The site does not warrant that the site's services will not be interrupted, will be provided regularly or without interruptions, will be carried out safely and without errors, and will be immune from unauthorized access to the site's computers or from damage, malfunctions, malfunctions or failures - all in hardware, software, communication lines and systems at the site or at any of its suppliers.
    • The site reserves the right to change, at any time and without prior notice, the terms and conditions of these regulations that apply to the use of the site, and these changes will enter into force immediately upon their inclusion in the regulations.
15. Jurisdiction:
    • These regulations and the use of the website will be governed solely by the laws of the State of Israel, but the rules of choice of international law set forth therein will not apply.
    • The courts in the Tel Aviv-Jaffa district will have exclusive jurisdiction in any matter arising from and/or related to the regulations and/or legal disputes that may arise between you and the site.
16. Accuracy/technical and other corrections:
    • The website as a whole, including all information appearing therein, is offered to the public as is, and will be as accurate and correct as possible, however, the information may be incomplete or alternatively, technical or other errors may have occurred in the information. The website reserves the right to correct such errors and/or inaccuracies and/or update the information on the website at any time and without prior notice.
17. Website responsibility:
    • The information appearing on the site should not be considered as any promise and/or liability for the activities of the products sold on it. The site will not be liable for any damage, direct or indirect, that may be caused to the surfer as a result of reliance on information appearing on the site and/or links to other sites and/or any other internal and/or external source of information and/or use of the products presented by it.
    • The product images on the site are displayed for illustrative purposes only. There may be differences in appearance, color, size, etc. between the product as it is displayed on the site and the product that will be delivered to the customer. A clerical error in the product description and/or its price will not bind the site.
    • Do not rely on product details or descriptions appearing on the site. You should carefully read what appears on the product packaging before using it, as well as the product instructions (including how to use the product and maintain the product, warning and safety instructions, washing instructions, etc.) and the responsibility lies with the need for the product. The site will not be responsible for damage resulting from unreasonable use of the products.
    • Certain products on the site may cause allergies. In cases of unwanted allergic reactions, discontinue use of the product and consult a doctor immediately.
    • The information and content presented on the site are not presented as a substitute for medical and/or professional treatment and/or advice and/or recommendation, and should not be considered treatment and/or advice and/or recommendation from qualified professionals, such as doctors, experts, etc.
    • The products displayed on the site are not defined as medical treatment and/or prevention of diseases and do not constitute a substitute for medical treatment from a qualified professional, and in any case, a professional such as a doctor, etc. should be consulted.
    • The warranty for a defective or broken product is limited to the replacement of the product or the value of the product. The total liability of the site with respect to any product will in no case exceed the purchase price of that product. The site will not be responsible for defects resulting from natural wear and tear, accident, intentional damage to the product, repair or modification of the product carried out by a third party.
    • The site recommends that site visitors act as prudent and cautious consumers, and carefully read the information presented on the site, including the information regarding the product itself, its description and suitability, as described on the site.
    • The contents on the site can be used as is. They cannot be adapted to the needs of each and every person. The surfer will not have any claim, claim or demand against the site regarding the properties of the contents, their capabilities, limitations and/or their suitability for his needs.
    • The website as a whole is offered to the public as is, and will be as accurate and correct as possible, however, the information may be incomplete or, alternatively, technical or other errors may have occurred in the information.
    • Use of the site will be at the sole and complete responsibility of each surfer. Any decision made regarding the content published on the site is the sole and complete responsibility of the surfer.
18. Privacy Policy:
    • The site respects customer privacy.
    • In addition to the information you provide when you register with the Site, the Site collects certain information about your computer, through which you visit and perform actions on the Site. The information is collected automatically (including through the use of "Cookies") and may include IP addresses, browser type, browsing and login times, the browsing method and the tool you use for browsing, details about your Internet service provider and the addresses of the websites you came from (the information provided during registration and the information collected by the Site as stated in this paragraph shall be referred to together as: "Information collected on the site"The information collected on the site may be used by the site for the following purposes:
      • To provide you with services and improve the Site and/or the Services;
      • The proper operation of the site;
      • To analyze and manage the website properly;
      • Improving the website's customer service;
      • To contact you or provide you with data in connection with the Site or Service;
      • To provide you with the information you have requested or additional information that the Site believes may be of interest to you, from time to time;
      • To tailor advertisements and commercial information to your personal preferences;
      • To contact you by site representatives regarding the products the site provides;
      • To conduct customer surveys and/or marketing research that the site conducts from time to time.
    • The site and/or anyone on its behalf will not disclose and/or sell any information collected on the site to any third party, except to those on their behalf to whom they provide the information collected on the site solely for the purpose of providing service and completing a purchase process carried out on the site, and who are also obligated to fully protect the confidentiality of the information collected on the site.
    • However, the site and/or anyone on its behalf will be entitled to transfer information collected on the site to third parties (except for sensitive information such as credit information, ID card numbers, etc.) in any of the following cases:
      • Your prior written consent has been given;
      • The website and/or someone on its behalf are required by law to transfer the said information, for example, by virtue of a court order;
      • In order to protect the legal and proprietary rights of the website and/or anyone on its behalf in all matters relating to this website;
      • In the event of a legal dispute between you and the site that requires disclosure of the details;
      • If you violate the Site's Terms and Conditions or if you perform, through the Site, or in any connection with the Site, any actions that are contrary to or appear to be contrary to the law, or any attempt to perform such actions;
      • In any case where the website believes that providing the collected information is necessary to prevent serious harm to the user's body or property or to the body or property of a third party;
      • Sharing social networks such as Facebook, Instagram and others and other online advertisers such as Google, Taboola and others.

In addition, the website may transfer to third parties only general statistical information, which is not personal or private, regarding the use of the website, such as the total number of visitors to this website and each page of the website, as well as the domain names of the website visitors' Internet service providers;

• If the site is merged into the operations of another entity or if the site is transferred to the ownership of another corporation, it will be possible to transfer the information existing on the site to the new corporation, but only if the corporation undertakes to maintain this privacy policy.

• It is important to remember that it is not possible to guarantee 100% against hostile and determined activity by foreign entities, and therefore these actions do not provide absolute security, and the site does not guarantee that the services on the site will be completely immune from unauthorized access to the information collected on it.
• The right to request access to information collected about you on the Site or the right to be forgotten: You have the right to request access to the information collected about you by the Site or the right to request the deletion of information collected about you by the Site. If you wish to request access or request the deletion of such information, please contact us using the contact details at the bottom of the Terms.

19. Indemnity:
    • The surfer must indemnify the site, its employees, managers, business partners or anyone on their behalf for any damage, loss, loss of profit, payment or expense incurred by them - including attorney's fees and legal expenses due to violation of the regulations.
20. variance:
    • The terms of these Terms of Use constitute all agreements and understandings regarding the use of the Site. Failure to exercise or enforce any right or provision of these Terms of Use shall not be deemed a waiver by the Site of exercising the right or enforcing the provision. The Site may assign to others all or part of its rights and/or obligations under these Terms of Use.
21. Contact us:
    • The site strictly adheres to the provisions of the law and respects the right of site users and others to privacy and good name. If you believe that content has been published on the site that offends you for any reason, please contact us using the details below and we will endeavor to handle your request as soon as possible. Such requests can be submitted by the following means:

address: 15 Beit El, Tel Aviv;

phone: 054-4422077;

Email: [email protected]

All rights in these regulations are reserved by Daniel Behari Attorneys and may not be copied, reproduced or distributed.

Last updated: January 2024