Terms And Conditions
(Last update: February, 2021)
These terms and conditions (“Terms”) are a legally binding agreement between NewPace Ltd. (“Company”, “we”, “us”, or “our”), and you, a user of our website, available at: https://www.newpacemedical.com/, https://www.newpace-cn.com/, https://www.newpace.co.il (“You” and “Website”, respectively). When you access and use our website and Services (as defined below), these Terms will govern and apply. It is important and recommended that you take the time to read these Terms.
By accessing or using the Website or Services you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between you and us.
You further represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (iii) You are not defined as a “child”, "minor" or other similar term, in your jurisdiction and specifically you are not under the age of 16.
THE WEBSITE AND SERVICE
The Website provides information and resources about the Company’s business and other content related thereto, including, inter alia, contact information, images, text, logos, button icons, links, download files, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”). In addition, the Website provides you with communications means which you can use to contact us, e.g. if you have any question or if you wish to receive more information (the Website and Content shall be referred to collectively as the “Service(s)”).
The Website may include links to third parties’ websites and resources not operated or owned by us. By entering such third parties’ websites, you will be subject to their terms of services and privacy policies, thus we recommend that you carefully review the applicable terms and policies of such third parties. We have no control over third parties’ websites, and are not liable in any way for the actions of third parties.
THE CONTENT PUBLISHED ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND MAY BE USED BY YOU AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON THIS WEBSITE, WHICH ARE AT YOUR SOLE RESPONSIBILITY AND RISK.
REPRESENTATION, WARRANTIES & RESTRICTION OF USE
You hereby represent and warrant the following: you shall not, nor shall you agree, authorize or encourage any third party to: (1) use the Services in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the Website and Service or prevent others from using the Services; (3) modify, create a derivative work of, reverse engineer, or disassemble the Service; (4) remove, deface, obscure, or alter the Website and Services or any Content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Service; (5) use the Services to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities; (6) assert any proprietary rights in or to the Content nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the Website and Content; (7) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the Services or the Content; (8) use, access or attempt to access the Services with any automated means (including robots, scrapers, etc.); (9) use our name, logo or trademarks without our prior written consent; (10) otherwise use the Website, Services or the Content in any unlawful manner, in a breach of third parties’ rights or our rights, including intellectual property rights and privacy rights, or in breach of these Terms;
The Service and Content are exclusively owned by the Company or its licensors. Except as explicitly provided herein, no license, right, title or interest to the Service and/or Content shall be granted to you, and we and/or our partners reserve any and all rights, title and ownership of the Service, Content and Website. You shall not use any Company’s copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.
DISCLAIMER OF WARRANTIES
Except as provided herein, the Website and Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that the Company will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the Services and Content are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Services. Your use of the Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY’S GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY’S GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES, SHALL EXCEED $500 (US DOLLARS).
You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services.
You can terminate your use of the Services at any time. If you wish to terminate your use of the Services, you may do so simply by cease your use of the Website. We may change, modify, suspend, or discontinue any aspect of the Services at any time without notice to you and without any liability to you whatsoever in connection therewith.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel. You hereby agree to resolve any dispute you have exclusively with the competent court in Tel Aviv, Israel. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
These Terms constitute the entire understanding between you and the Company with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Your relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the "Last Updated" above. Your continued use of the Services following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication.
If you have any questions about these Terms, please contact us at:
North Industrial Park - Caesarea
POB 3112, 3088900
You can also contact us via email at: firstname.lastname@example.org