TERMS AND CONDITIONS

1.              Introduction

1.1.        Welcome to Beck Medical! Please read these Terms and Conditions (the “T&C“) carefully before browsing our website (the “Website“) or ordering any of our products or related services (the “Products“).

1.2.        These T&C constitute a legally binding agreement between you (“You” or the “User“) and Beck Medical Ltd. and its affiliates (collectively, “Beck Medical“, the “Company“, “Us” or “We“). If You disagree with the T&C or any part therewith, You must not use the Website or order the Products.

1.3.        Beck Medical may revise these T&C from time-to-time. Please check this page regularly to ensure You are familiar with the current version.

1.4.        By Using the Website, or ordering the Products, You represent that: (i) you have carefully read these T&C (including without limitation the Disclaimer provisions under Section 3 below) and agree to these T&C in their entirety; and (ii) You are 18 year of age or older and you have all necessary right, power and authority to abide by these T&C.

1.5.        Subject to Your agreement and continuing compliance with these T&C, we hereby grant you a personal, revocable, non-assignable, and non-exclusive right to access the Website, in order to learn about and order the Products.

           Warnings/Cautions 

a.      Do not Use NozNoz™ If You Have Any of the Following Conditions:

                                             I.        Propensity to nose bleeds

                                            II.        Known perforation in nasal septum

                                           III.        Severe deviation of nasal septum

                                          IV.        Nasal lumps, acute nasal or sinus infection, nasal allergy or sensitivity

                                            V.        Abdominal walls hernia (due to possible sneezing)

                                          VI.        Pregnancy

b.      Do not use NozNoz™ while doing sports.

c.       Do not swim or dive with the product.

d.      Do not sleep with the product.

e.      Do not use before reading and understanding these warnings and the instructions for use provided with the product.

f.        Keep out of reach of children

g.      In case of nasal tissue irritation, pain, signs of blood or bleeding, stop using the product immediately. If symptoms persist after few hours, seek medical aid.

h.   In case of profuse bleeding, get medical aid as soon as possible.

i.      Do not swallow the product.

j.   For individual use only- Do not share the product with others.

k.    Storage: To maintain optimal performance of NozNoz™, store NozNoz™ in a cool dry place away from direct sunlight at a temperature of approximately 25 °C (77° F).

2.              Products Ordering; Return Policy

2.1.        In order to place an order for the Product you will be requested to provide certain personal data, including among others name, address, email address, telephone number, payment information (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data. If the Company provides You with a user ID and password to enable You to access certain areas of the Website You must ensure that the user ID and password are kept confidential. Your Registration Data shall be used by us (directly or through our contractors) solely for the purpose of rendering the Products. 

 

2.2.        Products may be returned if they have not been opened at all, in their sealed and undamaged packaging (including sealed nylon shrink packaging), up to 14 days from the date of their receipt by the User. No refunds shall be made for opened products.

 

2.3.        The Company shall use commercially reasonable efforts to initiate the refund of the purchase amount less applicable shipping costs and payment processing fees. In any case, shipping and handling, postal and inspection charges are non-refundable.

 

2.4.        In cases that a Product was received in a damaged condition or did not arrive, please contact us within  3 months in early order and 10 days for other sales days of order submission and attach relevant documentation, and we will review the matter and determine whether to a refund or replacement of the Product (against receipt of the damaged Product) should apply, in accordance with our sole judgment.

 

3.              Disclaimers

 

3.1.        The information contained in this Website is for general information purposes only. Nothing on this Website is not an advice, and should not be treated or considered as such.

 

3.2.        You must not rely on the information on this Website as an alternative to medical advice from Your doctor or other professional healthcare provider. If You have any specific questions about any medical matter You should consult Your doctor or other professional healthcare provider. If You think You may be suffering from any medical condition You should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this Website.

 

3.3.        It is hereby clarified that the Product is a “general wellness product” and is not intended to diagnose, treat, cure, or prevent any disease. You must consult your physician before starting any diet, exercise program, using wellness weight loss aids or supplement to avoid any health issues.

 

3.4.        The Product and the statements included in this Website have not been evaluated by the Food and Drug Administration.

 

3.5.        The Company does not guarantee the efficiency of the Product. Different people have different qualities and we do not guarantee that the Product will be effective for You or for any other person. The Company shall not allow returns of Products and/or any refunds on that basis.

 

3.6.        The Product requires adaptation period. The Company does not guarantee that You will be able to adapt to the Product, as some people fail to adapt to the Product. The Company shall not allow returns of Products and/or any refunds on that basis.

 

3.7.        The Product is currently available in two sizes only. We found these to fit a large range of people, but there are many different shapes of noses and the Product might not fit every person. The Company does not guarantee that one of the Product’s size will suit Your nose and it is hereby clarified that the Company shall not allow returns of Products and/or any refunds on that basis.

4.              Intellectual Property Rights

4.1.        Our Website (as well as the underlying platforms and software) and Products, are proprietary property of Beck Medical. All trademarks, trade names, logos, marks and trade dress appearing on our Website or Products, whether registered or not, is our property.

4.2.        This Website and its contents are copyright of the Company – All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless it was specifically pre-approved in writing by the Company.

5.             Links to Other Websites and Services

5.1.        The Website may contain links and references to certain health care information, opinions etc.’ or to websites, applications or services of others including without limitation dietitian services (the “Third Party Information”). We may, from time to time, at our sole discretion, add or remove Third Party Information. Such Third Party Information is provided solely as a convenience to you, and access to any such information and use of any third party product or service is at your own risk. We encourage you to be aware when you leave the Website, and to read the terms and conditions of each other website and applications that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Information, services or products. In no event will We be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their practices.

6.              Restrictions of Use

6.1.        Beck Medical does not grant You any license or right except for those expressly granted in these T&C. You agree not to use the Website for any other purpose other than expressly permitted by these T&C.

6.2.        Any violation of these T&C, is strictly prohibited, and may result in the immediate revocation of your rights hereunder, without derogating from any other remedy available to the Company.

6.3.        You agree not to, and not attempt to, under any circumstances, do any of the following while Using the Website:

(i)            Violate any law, any rights of Beck Medical or any other person or otherwise misuse or inappropriately use the Website or Products, or to engage in any illegal conduct.

(ii)          Engage in any act or use the Website or Products in such manner that Beck Medical considers, in its sole discretion, to be harmful in any way to the Website or to other Users.

(iii)        Copy, reproduce, duplicate, adapt, edit, modify, republish or otherwise exploit for a commercial purpose any part of this Website or sell, rent or sub-license any part thereof;

(iv)        Redistribute any part of the Website or Products.

(i)            Prepare derivative works based upon, distribute, license or sell the Products or the Website.

(ii)          Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website.

(iii)        Use the Website if You have previously been banned or removed by Beck Medical.

(iv)        Use the Website for any commercial purpose.

(v)          Participate in the use, directly or indirectly, of automation software programs, bots, hacks, any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software mods or any unauthorized third-party software designed to modify or interfere with the Website.

(vi)        attempt to disrupt the Website or any other person’s use of the Website.

(vii)      Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

(viii)    Make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Beck Medical   employee.

(ix)        Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial.

(x)          Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without the Company’s express written consent.

6.4.        WITHOUT LIMITING ANY OTHER REMEDIES, BECK MEDICAL MAY LIMIT, SUSPEND, TERMINATE OR PREVENT THE USE OF THE WEBSITE OR PARTS THEREOF IF YOU ARE, OR BECK MEDICAL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE T&C, OR COMMITTING ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE WEBSITE, OR IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH OUR T&C OR OTHER SPIRIT.

7.              No Warranty; Limitation of Liability

 

7.1.        TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BECK MEDICAL NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, DISTRIBUTORS, LICENSEES OR LICENSORS, SHALL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LIABILITIES WHATSOEVER ARISING FROM, OR RELATING TO THE WEBSITE OR THE PRODUCTS OR THESE T&C, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BECK MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECK MEDICAL’S MAXIMUM LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE PRODUCT.

 

7.2.        You expressly acknowledge and agree that use of the Website is provided on an “as is” and “as available” basis with all faults, defects and errors, and without warranties of any kind. Beck Medical does not warrant that You will be able to access or use the Website at the times or locations of Your choosing, that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website is free of viruses or other harmful components.

7.3.        Beck Medical disclaims all warranties, either express or implied, arising by law, or otherwise, regarding the Website and the Products, or suitability for Your intended use, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non infringement.

 

7.4.        Beck Medical shall not be liable for any delay or failure to perform any of its obligations resulting from causes outside the reasonable control of Beck Medical, including without limitation due to unforeseen circumstances or cause beyond Beck Medical’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

7.5.        Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.  Accordingly, some of the above limitations and disclaimers may not apply to You.  To the extent that Beck Medical may not disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Beck Medical’s liability shall be the minimum permitted under such applicable law.

 

8.              Release and Indemnification

 

YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES AND ANY AMOUNTS PAID BY US TO A THIRD PARTY AS PART OF A SETTLEMENT OF A CLAIM OR DISPUTE, RELATED IN ANY WAY OR ARISING OUT OF YOUR USE OF THIS WEBSITE AND/OR THESE T&C.

 

9.              Miscellaneous

 

9.1.        These T&C and other terms and conditions set forth during a purchase in this Website, constitute the entire agreement between You and the Company in relation to Your use of this Website, and supersede all previous agreements in respect of Your use of this Website.

9.2.        You and Beck Medical agree that if a provision of these T&C is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect.

9.3.        The failure of Beck Medical to require or enforce performance by You of any provision of these T&C or failure to exercise any right under them shall not be construed as a waiver of Beck Medical’s right to assert or rely upon any such provision or right in that or any other instance.

9.4.        The express waiver by Beck Medical of any provision, condition, or requirement of these T&C shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

9.5.        The Company may transfer, sub-contract or otherwise assign its rights and/or obligations under these T&C, in whole or in part, to any person or entity at any time, without notifying You or obtaining Your consent.

9.6.        You may not transfer, sub-contract or otherwise assign Your rights and/or obligations under these T&C.

9.7.        These T&C and any act or matter related thereto will be governed by and construed in accordance with the Israeli Law, and any disputes relating to these T&C must be resolved exclusively by the competent courts of Tel-Aviv, Israel.

9.8.        All notices given by You or required from You under these T&C shall be in writing and addressed to 66 Haarazim St., Givat Ada, Israel, 3780800, with an electronic copy to [info@noznoz.com]. Any notices that You provide without compliance with this section shall have no legal effect.

10.          Contact Us

 

If you have any question or problem regarding these T&C, please contact Us by sending us an Email to: info@noznoz.com or by sending Us a letter to Our office at 66 Haarazim St., Givat Ada, Israel, 3780800, and we will make sure to provide You with an answer and assistance in resolving the issue.

Last updated: May 22, 2018.