1. General and Website Use

Eldan Electronic Instruments Ltd. (hereinafter – “the Company”), part of the Neopharm Group, developed and maintains this website (hereinafter – “the Website”) for marketing and advertising purposes, as well as for your knowledge and education. Please read the following Terms and Conditions (hereinafter – “the Terms”) carefully, as by accessing or using this Website, you confirm that you have read and understood these Terms, and that you agree, without any conditions or reservations, that these Terms shall be binding upon you, just as if you had signed them. If you do not wish for these Terms to be binding upon you, then you are not permitted to access the Website.

The Website may, from time to time, display content and information related to various diseases and/or medical conditions and products used for their treatment. It is clarified that the content and/or information appearing on the Website does not constitute medical and/or therapeutic advice. If you suffer from and/or may suffer from any illness and/or medical condition, we recommend that you promptly consult your treating physician or another medical professional.

The Company may amend and update these Terms from time to time without prior notice. These changes will take effect immediately upon their publication on the Website. Your continued use of the Website shall be considered irrefutable evidence of your consent to the Terms after they have been amended.

These Terms and Conditions do not replace terms, terms of use, or privacy policies of any other website or page that may be linked to or available through this Website, including additional websites of the Company and its brands accessible from this Website (hereinafter – “Linked Websites”). If you choose to browse or use external Linked Websites, then their use shall also be subject to their specific terms, in addition to the terms of this document, and it is therefore recommended to review them separately. Links that may be displayed on this Website to external or other websites are provided for your convenience. Furthermore, the Company reserves the right to remove any links appearing on the Website at any time and/or to change existing links and/or to refrain from adding new links, all at its sole discretion.

You are permitted to browse the Website freely. You are not permitted to distribute, modify, transmit, reuse, repost, or publish materials downloaded and/or copied from the Website for public or commercial purposes, without the explicit written permission of the Company. You must retain all copyright and other proprietary notices that continue to appear in the material you download, and if there are any restrictions specified on the content, they should not be removed without the Company’s approval. Images displayed on the Website are under the sole control and/or property of the Company and/or its representatives and/or its suppliers or are used with permission by the Company. You are strictly prohibited from using these images. Any unauthorized use of images may violate laws concerning copyrights, trademarks, privacy and/or publicity, as well as laws and regulations concerning communication, and responsibility for such use shall be solely yours.

Images and descriptions of products displayed on the Website are for illustration purposes only and do not constitute a recommendation for use or a comprehensive description of the product, nor do they bind the Company in any way.

The provisions of these Terms refer to women and men alike, and the use of the masculine form is for convenience only. We apologize to female readers.

Joining the Mailing List and Lead Form Submission

Website visitors will be given the option to join the mailing list and newsletter, which allows for the receipt of mailing materials, promotions, benefits, and updates, all in accordance with the terms of these Terms and the Privacy Policy.

Joining the mailing list (newsletter) or the customer club (if one exists) will be completed by filling out the required registration (and confirming consent to receive promotional materials and marketing communications) and providing details on the lead form page, including name, phone number, contact details, and additional information. You may be asked to reconfirm consent to receive mailing materials in an email that will be sent after your initial approval. Completing the submission of details on the Website is conditional on approving these Terms. When leaving details on the Website, customers must ensure all required details are recorded accurately.

The Company may contact you using any of the communication methods based on the details we hold, including through marketing communications or calls (as these are defined in the Consumer Protection Law, 1981). Your consent to receive such marketing communications does not constitute consent to enter a future transaction. The Company reserves the right to deny access to the Website and/or any activity on it to anyone who violates the provisions of these Terms and/or makes improper use of the Website or any content appearing therein. The Company reserves the right to update and change the Website and its services, including their scope and availability and the type of products, without prior notice. The customer shall have no claim and/or demand against the Website and/or the Company due to these changes and/or any malfunctions that may occur during their implementation.

The Company cannot guarantee that the Website will always be available or that no interruptions will occur on the Website. Therefore, the Company shall not be responsible, in connection with the Website, for any damage whatsoever caused to you or any third party because of the unavailability of the Website or any other malfunction in the interface with other websites or various malfunctions in ordering the requested information.

Newsletter Registration, Mailing List, and/or Customer Club Membership (if applicable), and Explicit Consent for Providing Details and Receiving Mailing Materials

To complete an inquiry to the Company under ‘Receive More Information’, you must actively agree to receive mailing and advertising materials to allow us to update you with information regarding the Group’s services and products, as well as marketing and advertising information. In addition, with your consent, you join the mailing list (and as a member of the Company’s customer club (“Club Member” or “Member”) if the Company operates such a club). The mailing list or newsletter will enable, among other things, the receipt of marketing communications, benefits, promotions, marketing information, publications, and updates on the Company’s products and Neopharm Group companies, as well as information regarding its services and various relevant publications. You may at any time, by written notice to the Company using the specified methods, cancel your consent to receive mailing material and cease receiving it, or request the deletion of your information in accordance with the law.

As part of the registration, you will be asked to provide details such as your name, phone number, address, and email address, whether you have private insurance, preferred distribution area, etc., and to confirm receipt of additional information. Users who input their details as stated, hereby give their explicit consent to receive marketing communications and mailing materials regarding promotions, benefits, and advertising materials from the Company and from companies listed in the Neopharm Group, and to be included in the database managed by Neopharm  in accordance with the Protection of Privacy Law, 1981 (“Consent to Join Mailing List”).

Considering this consent, the Neopharm Group will send you benefits, promotions, professional material, updates, notices, and various offers. The Company reserves the option to allow joining the Company’s customer club by choice, if one exists. You hereby explicitly agree that the Company and/or its representatives may contact and communicate with you, including through marketing communications or calls (as defined in the Consumer Protection Law, 1981), and this consent shall serve as evidence of your agreement as stated and shall override any prior registration to the “Do Not Call Me” registry; however, it is clarified that your aforementioned consent does not constitute consent to perform a future transaction. You agree to receive a call from the Company’s representatives for the annual renewal of this consent for receiving marketing communications and/or calls, and the Company reserves the right to contact you at the appropriate time and at its sole discretion to validate this consent.

If and when you provide any personal information during the registration or purchase process as stated, this information will be stored in the registered databases of the Neopharm Group for the purpose of providing the services, complying with relevant legal requirements, managing and optimizing the service and your relationship with us, for operational, marketing, or statistical purposes, including processing the information and mailing for the realization of these goals, as well as for providing service and encouraging customer loyalty to the Company and ensuring fair trade activity according to law. Be aware that you are not required by law to provide information to the Company, and that the transfer of information by you to the Company is done at your own risk, voluntarily and with your consent, and you shall have no claim and/or demand against the Company and its representatives in this regard.

It is clarified that you shall be entitled, at any time, to request the deletion of your details from the mailing list (but not necessarily from the database itself) and you shall also be entitled to review the information about you held in the database and request correction and/or deletion of the information. It is clarified that the Company may use third parties to operate the Website and/or perform deliveries and/or the mailing list and/or customer club, and that you consent to the transfer of the details you provide on the Website to that third party for the purpose of performing the service related to the purchase on the Website and/or in the customer club, and you shall have no claim or demand against the Company regarding the transfer of said data and information. In case of any contradiction and/or inconsistency between these terms of use and any other publications, these terms of use shall prevail for all intents and purposes.

The Company reserves the right to use the details to enable the use of various services on the Website and/or to improve and enrich the content displayed on the Website and/or for the purpose of sending product samples for trial. Furthermore, the Company shall be entitled to use these details, either by itself or through anyone on its behalf, for various commercial, advertising, statistical, and marketing purposes, provided that such use is based on the information as a whole and without specific reference to information related to a specific user. The use of these details shall be made only in accordance with this Privacy Policy or in accordance with the provisions of any law. The Company will not transfer the details of Website users to any third party, except in the following cases:

1. If the Company sells or transfers the Website’s activity to another corporation and/or merges with another entity and/or merges the Website’s activity into another corporation, user details and information collected about them on the Website may be transferred to that corporation, provided that such a corporation accepts the provisions of the user privacy sections in the Terms of Use;
2. If the Website is used to commit an illegal act or to enable, facilitate, assist, or encourage the commission of such an act.
3. If the Company receives a judicial order or instruction from a competent authority instructing it to provide the user’s details to a third party.
4. In any dispute or legal proceedings, if conducted, between a user and the Company.
5. In the case of purchasing products and/or services from third parties offering them for sale on the Website, the necessary information for completing the purchase process will be transferred to these third parties.
6. Registration for the customer club via external websites to the Website.

The details provided in the inquiry to the Company under ‘Receive More Information’ and upon your joining the mailing list and/or club will be stored in the Neopharm Group’s database as specified in these Terms. The responsibility for filling in or updating the details by contacting the Company and/or through the request to join is on the Member, who undertakes to provide correct and accurate details. The Company shall be entitled to reject, at its sole discretion, a request to be accepted into the mailing list and/or as a club member, and the Company may, at its discretion, not respond to an inquiry made on the Website, without being obligated to provide a reason for its refusal. It is clarified that the Company does not undertake to contact you within a specific timeframe and/or at all.

Membership in the mailing list and/or club is not time-limited (but is subject to the Company’s right to cancel the club or membership as described below). The right to redeem benefits granted, if valid, is conditional on the type of benefit and the redemption terms specified in these Terms.

3. Newsletter Registration / Use of Club Membership

The Company may cancel your membership in the mailing list and as a club member (if a club exists) and revoke any right arising from your inclusion in the list and/or your membership, including rights and benefits accumulated prior to the cancellation of your inclusion or membership, if you have made unlawful use of the club membership and/or acted contrary to these Terms and/or the law, including use for a business purpose or use that may harm the good name and reputation of the Company or the Neopharm Group.

4. Additional Terms Regarding Website Use

Liability

Your use of the Website is at your sole risk. In no event shall the Company or a company listed under the Neopharm Group and/or any other party involved in the creation, production, or provision of the Website and/or anyone on their behalf, be liable for any damage whatsoever, including but not limited to, direct, incidental, consequential, indirect, or punitive damages, or damages resulting from loss of profits, loss of data, or business interruption arising from your access to, use of the Website or information contained therein, or inability to access or use the Website. This limitation of liability also applies to any damage or virus that may affect your computer equipment.

The Company does not guarantee and does not warrant that files available for download from this Website will be free from contamination with viruses, worms, Trojan horses, or other code that has destructive or harmful properties.

It is clarified that all content and services appearing on this Website are provided “AS-IS”. Without derogating from the generality of the foregoing, the Company or the Neopharm Group and/or anyone on their behalf bear no responsibility whatsoever with respect to the content appearing on the Website, including but not limited to, articles, images, papers, reviews, data, news, advice, evaluations, descriptions, links, guidelines and/or any other information in any format whatsoever that will be made available to you by any means, existing today or will exist in the future (hereinafter – “Website Content”), whether such content is owned by the Website or by any third party, in connection with their reliability, content, accuracy, reliability, availability, and their effect on Website users and/or any third party exposed to Website content in any other way.

It is clarified that the information and/or content appearing on the Website does not constitute medical advice, professional opinion, and should in no way be considered a substitute for consultation with an expert. Website content is intended to provide general information only, designed to help you deepen and expand your existing knowledge in the areas the Website deals with, and Website content should not be relied upon without first consulting an appropriate professional. Without derogating from the generality of the foregoing, any reliance on content appearing on the Website and acting accordingly is done at your sole and full responsibility, and you shall have no claim and/or demand of any kind whatsoever against the Website and/or the Company and/or the Neopharm Group and/or anyone on their behalf. Users undertake not to use the Website for any purpose prohibited by law and/or by these Terms. Furthermore, users undertake to ensure, in their use of the Website, not to upload, distribute, or publish information or other material: (a) which may harm the privacy of a third party or their other rights; (b) which includes viruses or other harmful computer applications; (c) which includes advertising of any kind; (d) which solicits or encourages the commission of an act prohibited by law; (e) which constitutes defamation and/or libel and/or infringement of privacy; (f) which relates to minors and identifies them or their personal details; (g) which identifies third parties without the consent of those parties for publication; (h) which is harassing, offensive, hostile, threatening, rude, abusive, defamatory, illegal, etc., or which contains obscenity, pornography, vulgar language, or profanity; (i) which contains or encourages racism or improper discrimination; (j) which may  mislead a consumer and/or (k) access to which is blocked by a password, etc., and is not freely available to all Internet users.

5. Indemnification

You undertake to indemnify, defend, and hold harmless the Company, the Neopharm Group, its officers, directors, employees, agents, suppliers, and third-party partners of the Company and/or Neopharm, from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from any breach of these Terms by you, or from any activity related to your account (including negligence or wrongful conduct), or by any person who accesses the Website through your account.

6. Confidentiality

Subject to the terms and provisions detailed in our Privacy Policy, any communication or material you transmit to us, or post on the Website, by email or otherwise, including, without limitation, data, questions, comments, suggestions, etc., are considered non-proprietary and non-confidential information, and we shall treat them as such. The Company and/or the Neopharm Group and/or any of their affiliated parties may use such information or materials for any purpose, including, without limitation, for copying, disclosing, transmitting, publishing, broadcasting, and further posting. Furthermore, the Company and its affiliated parties are free to use any ideas, concepts, know-how, or techniques that are part of any information or material you send to the Website for any reason, including, without limitation, for developing, manufacturing, and marketing products.

7. Trademarks and Other Intellectual Property in Website Content

The Company and/or the Neopharm Group are the full owners of all intellectual property rights on the Website and its content, including trademarks, website design, software, application, text, images, and all other content. Any use of the trademarks found on the Website and/or the images and information contained therein, including copying, reproduction, distribution, publication, etc., is prohibited.

Nothing contained on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the trademarks without the express written permission of the Company and the owner of the trademarks. Any misuse of the trademarks on the Website or the content displayed therein is strictly prohibited.

The Company grants you the benefit of accessing and viewing the Website content solely for your personal and non-commercial use. The Company may revoke this benefit at any time, with or without notice, with or without cause.

8. Notice of Copyright Infringement:

The Company respects the intellectual property of others, and we ask you to respect the intellectual property of others as well. If you believe that copyrighted work has been copied and is accessible through the Website in a way that constitutes copyright infringement, you may notify us by providing the following information to a representative of Neopharm:

The physical or electronic signature of the authorized representative to act on behalf of the exclusive owner of a copyright that is allegedly infringed; A specific description of the copyrighted work that is allegedly infringed; A specific description of where the allegedly infringing copyrighted work is located (including the specific URL of the web page on the Website); A specific description of where the original copyrighted work or an authorized copy thereof is located (including, for example, the specific URL of the web page that is not included on this Website); Your name, address, phone number, and if available, your email address; A written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, a person or entity authorized to act on behalf of the copyright owner, or by law. A written statement by you, subject to a warning of the penalties for perjury, is that all of the above information is accurate, and that you are the authorized representative to act on behalf of the exclusive owner of the copyrights. Upon receipt of your notice, the Company may ask you to provide additional or complementary information before removing any content displayed on the Website.

You may contact the Company’s representative regarding notices of copyright infringement claims on this Website at the following address:

Neopharm Group – callcenter@neopharmgroup.com

and/or to the postal address: Eldan Electronic Instruments Ltd., Neopharm Building, 6 Hashiloach St., Petah Tikva 4951439.

9. Content Publication

The Company assumes no responsibility for verifying the accuracy of information published in discussion groups, chat rooms, broadcasts, bulletin boards, etc., on the Website. The Company reserves the right, but is not obligated, to review or monitor communications and materials posted or uploaded to the Website, and to block and delete communications or materials that the Company determines to be any of the following: (a) adversely affecting, constituting defamation or obscenity; (b) constituting fraud, misrepresentation, or deceit; (c) infringing copyrights, trademarks, or other intellectual property rights of others; or (d) offensive, objectionable, or otherwise unacceptable to the Company, for any reason and at its sole discretion.

It is clarified that it is prohibited to publish or transmit any material as stated above or any material that may constitute, or encourage, conduct that may amount to a criminal offense, and/or which gives rise to civil liability, or constitutes a violation of law in any other way. The Company will cooperate fully with law enforcement authorities, or with any court order that requests or directs the Company to disclose the identity of anyone who published such materials or information on its website.

10. Editorial Policy

The Company reserves the right to change or delete materials from the Website at any time, without prior notice. Certain links found on the Website lead to resources located on servers not maintained by the Company and are not subject to its control, and they are provided for the convenience of users only. The Company is not responsible, in any way whatsoever, for the content on any such linked website, for the availability of access to that website, and/or for the completeness of the information on that website. The mere inclusion of any link to another website on the Website, or any mention of a product or service by its trade name, or otherwise, does not constitute endorsement or recommendation by the Company, and no such mention should be understood as a recommendation of any product or service. Access to other websites linked to this Website is at your sole risk and responsibility, and the Company disclaims all responsibility in connection with your access to such linked websites.

11. Restrictions on Access

Although the information on this Website is accessible worldwide, not all products and services discussed on this Website are available to all people in every location or jurisdiction. The Company reserves the right to limit the provision of our products or services to any person, geographic area, or jurisdiction and/or to limit the quantities of any product or service we provide, without prior notice.

Except for where express permission has been granted by the Company, any access or attempted access to other areas of the Company’s and/or Neopharm Group’s computer system or to other information contained in that system, for any purpose, is strictly prohibited. You undertake not to use any automated or other manual processes or means to “screen scrape,” monitor, “mine,” or copy web pages on the Website, or content contained therein, without the express written permission of the Company and/or Neopharm Group.

You undertake not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website. You undertake not to take any action that will impose an unreasonable or disproportionately large load on the infrastructure of Neopharm or its suppliers. Furthermore, you undertake not to use framing or other techniques to enclose any trademark, logo, business name, or other proprietary information of the Company or Neopharm Group, including images, frames, content, or layout/design found on any page of the Website without the express written consent of the Company.

12. Information Currency

The Company makes reasonable efforts to include accurate and up-to-date information on the Website; however, since the information changes so rapidly, Neopharm cannot guarantee the accuracy of the information. Furthermore, the Company assumes no responsibility or liability for the reliability, accuracy, validity, currency, usefulness, or completeness of any information on the Website.

13. Miscellaneous

These Terms and any other agreement entered between you and the Company regarding a specific product or service of the Company constitute the entire agreement between you and the Company and supersede all other agreements, representations, and understandings, whether written or oral.

You may not modify or amend these Terms without the Company’s prior written consent.

If any provision included in these Terms is determined to be unlawful, invalid, or unenforceable, then you understand and agree that the section or provision determined to be unlawful, invalid, or unenforceable shall be severed from the rest of the Terms without affecting the enforceability of all remaining provisions and sections.

The activity on this Website and all matters related thereto, including these Terms and the Privacy Policy, shall be governed solely by Israeli law (without reference to foreign law), and the exclusive jurisdiction for any dispute concerning the Website and its use and/or the interpretation of these Terms shall be vested in the competent courts in Tel Aviv.

All section headings used in this agreement are for convenience of reference only and shall not be considered in the interpretation of these Terms or in determining their meaning.

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