Terms & Conditions
Effective From: May 26th, 2020
1.2. The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.
1.3. The purpose of the Terms is to regulate the relations between the operator of the Website, SURGE.IS LTD, Israeli C.N. 516151206 (the “Operator”) and any person and/or entity using the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please remove the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
1.4. The Terms determine Your use of the Website and constitute the legal basis to any of your actions and/or communications during any use of the Website.
1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
1.8. The Service provided by the Website is active and accessible 24/7 and You may use the Service at any time. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to other reasons such as maintenance reasons, and You will not have any claims against the Operator in such case.
1.10. It is hereby clarified that You agree and You are aware that any use of the Website and reliance on the information and Content displayed by the Website is at Your own responsibility. Any medical information available in the Website is intended solely for educational purposes and does not replace any medical advice and/or medical diagnosis and/or formal medical training, and You will not have any claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur resulting from Your reliance of such information You were exposed to during Your use of the Service. Furthermore
“Content” means the Website and other information such as videos and guides available in the Website, the sorting and display of information.
“Service” means the Website, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
“Website Errors” means any interruption in the Website availability due to reasons which are not directly controlled by the Operator.
“You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Website and Your employees, consultants, service providers, agents and/or third parties which You have business with.
“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.
3. Registration and Subscription; Refund Policy
3.1. Using the Website is subject to payment of subscription fees. In order to use the Website the User must subscribe to the Service by providing details as requested by the Operator. It is clarified that the Operator may change any requested details from the User at any time and under its sole discretion; and the Operator reserves its rights to decline a subscription request, for any reason, under its sole discretion and without providing such reason.
3.2. The Operator may change the prices of the subscription at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases. In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
3.3. Any subscription plan will be automatically renewed until cancelled by the User, and in case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
3.4. The User may pay via credit card subject to confirmation of payment by the credit card issuer. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
3.5. Should a User not settle any payment of subscription fees, the User’s access to the Website will be blocked.
3.6. The User may cancel his subscription by contacting the Operator. It is clarified that cancellation of a subscription plan will not cancel any due payments and the User will not be entitled to any refund of any payments that were already paid.
3.7. The subscription is personal and non-transferrable.
3.8. With accordance to any applicable law, any amounts paid by the User are non-refundable. However, in case any of the Users will be considered as a “consumer” as defined in section 1 of the Israeli Consumer Protection Law-1981, the refund policy will be determined by the Israeli Consumer Protection Law-1981.
4. Warning, Liability and Limitation of Liability
4.1. IN NO EVENT WILL THE OPERATOR AND/OR ANYONE ON THE OPERATOR’S BEHALF BE LIABLE FOR ANY LOSS OF PROFITS, LOST SAVINGS, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, MULTIPLE OR PUNITIVE, DAMAGES REGARDLESS OF WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, MISREPRESENTATIONS OR OTHERWISE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OF CUSTOMERS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN INCLUDING, BUT NOT ONLY, AS A RESULT OF YOUR RELIANCE ON THE WEBSITE AND THE CONTENT INCLUDING VIDEOS AND GUIDES AVAILABLE IN THE WEBSITE AND/OR INCOMPLETE INFORMATION REGARDING THE SERVICES OFFERED BY THE OPERATOR.
4.2. Any use of the Website should be used solely for educational purposes and may not be considered as personal consulting, expert opinion, recommendation or any commitment that a specific method should be used and/or not used. The Content in the Website provides only general indication and is not a replacement for the User’s independent judgment regarding its use of the Content.
4.3. The Operator will not be liable under no circumstances to any damage and/or loss resulting from Your reliance on the Website and the Operator may not be considered as any warranty that Your use of the Website will meet Your expectations, and any Content available in the Website should not be solely relied on.
4.4. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website without prior notice and under its sole discretion, and the User will have no claims against the Operator in such case including any claims for a refund.
4.5. You must be cautious and aware of the risks of using the Website and Your reliance on the Website, and You hereby warrant that any reliance on Content available in the Website is at Your own responsibility and You will not have any claim against the Operator and/or anyone on its behalf regarding any damage occurred to You resulting from any use of the Website.
4.6. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or resulting from Your reliance on any Content and Service provided by the Website. The User shall have no claim regarding his reliance on such information available on the Website and regarding the fact that based on the information and Content the User did not use other services including, but not only, other services which provide similar content.
4.7. The Services provided by the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune of any illegal access to the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information.
4.8. The Services available on the Website including the Content may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free. The Operator does not warrant that the use or the result of the use of the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
4.9. Should You breach any of the Terms, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website immediately and to block Your access to the Website without prior notice and without issuing any refund and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore, in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
5. Contacting Third Parties
5.1. You are solely responsible for contacting any third parties including, but not only, practitioners which their details are available on the Website. You hereby declare that You are ware that the Operator doesn’t necessarily verify all the information available and posted by them and/or anyone on their behalf, and You shall not have any claim against the Operator regarding false information received by a practitioner.
5.2. The Operator has no responsibility for any of the Content appearing by practitioners in the Website, and it is Your responsibility to verify all the relevant details regarding the advice that you are receiving from them. Any claims and/or demands You may have regarding the consulting and/or its outcomes including, but not only, any dispute between You and a practitioner You contacted resulting from Your use of the Website should be addressed to the third party which gave You the advice, and you shall have no claim against the Operator regarding such engagement.
6. Intellectual Property
6.1. The Website and the Content, unless mentioned otherwise, is solely owned by the Operator and all intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence related to the Website are solely reserved to the Operator.
6.2. You may not copy, reproduce (except as noted in the Terms), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the Website without the Operator’s prior and written consent.
6.3. Nothing contained in the Terms shall be construed as granting any intellectual property rights to You or other intellectual property right that has issued or that may issue based on the Terms.
6.4. The ownership and the intellectual property rights of contents of third parties including images displayed in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
6.5. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email firstname.lastname@example.org
7. Use of Personal Information and Mailings
7.2. The Operator may offer its Users to receive service notifications and email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails (the “Mailings”).
7.3. Upon registration, You will be requested to provide personal information such as Your email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and/or mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
7.4. For the avoidance of any doubt, the above terms in this section 8 are bound to the Israeli Communication Law (Telecommunication and Broadcasting-1982).
The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
9. Term and Termination
9.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
9.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In such cases the Operator shall, where possible, give reasonable notice of such termination.
9.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time. You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using the Website will be considered as consent to such amended terms.
9.4. The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
9.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
10. General Terms and Governing Law and Messages
10.2. If You have any inquiries regarding the Terms, You may address the Operator via email email@example.com
10.3. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on the Website and any Content provided by the Website.
10.4. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.