Terms of Use

These Terms of Use (these «Terms«) shall govern your («You» or «Your«) access and use of the website located at https://www.hanitalenses.com (the «Website«) an online resource for information related to Hanita Lenses Ltd. («We» or «Hanita Lenses«) activities, products and services. By using or accessing the Website you agree to be bound by these Terms.

You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with Hanita Lenses. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are a resident or from which you use the Website.

We may, in our sole discretion, refuse to offer our services to any person or entity. We further may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.

If you violate these Terms, Hanita Lenses reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that Hanita Lenses does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice in its sole discretion.

The Website includes Hanita Lenses’ toric intraocular lens placement calculator (the “Application”). Your use of the Application shall be governed by the Application Terms of Use, available here: https://www.hanitalenses.com/calculator-terms-of-use/

Grant of License

Subject to your agreement and compliance with these Terms, Hanita Lenses grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website. Use of the Website shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Website shall immediately terminate, and you shall immediately refrain from using the Website. If the Website or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Website, and must refrain from using the Website.

Our Website is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Website for any commercial or competitive activity or purpose.

Mailing List and Newsletter Registration

By using the Website and/or the Application, you may have the opportunity to register for a mailing list or newsletter to receive updates and information from Hanita Lenses from time to time. By registering, you consent to receive electronic communications from Hanita Lenses, including but not limited to newsletters, promotional materials, and other information related to Hanita Lenses’ activities, products, and services.

You may opt-out of receiving such communications at any time by following the unsubscribe instructions provided in the communications or by contacting us at i[email protected]. Your registration and use of the mailing list or newsletter are subject to these Terms and the Privacy Policy (as defined below under Privacy).

Hanita Lenses reserves the right to modify or discontinue the mailing list or newsletter service at any time without notice to you and without liability.

Access to the Website

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Hanita Lenses does not provide you with the equipment to access and/or use our Website. Hanita Lenses cannot guarantee that the Website will always function without disruptions, delay or errors. Several factors may impact the quality of your communications and use of the Website and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. Hanita Lenses takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).

Intellectual Property Ownership

Without derogating from any other terms herein, Hanita Lenses and/or its affiliates retain all rights in the Website and its materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, «Website Materials«). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website Materials without Hanita Lenses’ explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Hanita Lenses. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.

Hanita Lenses and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or by accessing any of the Website Materials, or rights to any derivative works thereof.

Links

The Website may contain links to other websites, applications or resources (the «Linked Sites«). The Linked Sites are not under the control of Hanita Lenses and Hanita Lenses is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hanita Lenses is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Hanita Lenses of the site or any association with its operators. You acknowledge and agree that Hanita Lenses will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Website available on or through any such site or resource.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Website, whether by email or otherwise (collectively, «Feedback«), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Hanita Lenses is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Hanita Lenses is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Cookies

Like many websites, we may use «cookies» to collect information. A cookie is a small data file that is transferred to your computer’s hard disk or your mobile device for record-keeping purposes. Cookies may be sent to a user’s computer or a mobile device when such user accesses or views the Website. Information contained in a cookie may be linked to personal information for purposes such as improving the quality of our Website, tailoring recommendations to interests, and making the Website easier to use. Third party advertisers on the Website may also place or read cookies on your computer or mobile device. Cookies can be disabled at any time by changing your web browser’s options to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Note however, that if you do not accept cookies, however, you may not be able to use all portions or functionalities of the Website.

Privacy

Matters related to privacy are also governed by Hanita Lenses’ Privacy Policy, available here https://www.hanitalenses.com/privacy-policy/ (the “Privacy Policy”), which constitutes an integral part of these Terms by way of reference, and by using or accessing the Website you agree to be bound by its terms and conditions. Unless the context otherwise requires, all reference herein to these Terms, shall also include the Privacy Policy. We advise you to carefully read the Privacy Policy.

Disclaimers; Limitation of Liability; Indemnification

You acknowledge and agree that your use of or access to the Website and/or any materials and/or services, if any, offered by Hanita Lenses shall be at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Website or any part thereof. To the fullest extent permitted by law, Hanita Lenses, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

You agree that your use of the Website shall be at your sole risk. Hanita Lenses makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, and assumes no liability or responsibility for any:

(I) Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
(II) Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
(III) Any unauthorized access to or use of secure servers and/or any and all personal information and/or financial information stored therein;
(IV) Any interruption or cessation of transmission to or from the Website;
(V) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or
(VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL HANITA LENSES, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HANITA LENSES HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HANITA LENSES SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. HANITA LENSES’ LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$ 1.

The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by Hanita Lenses.
You agree to indemnify and hold Hanita Lenses, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:

1. Your use of and access to the Website;
2. Your violation of any term of these Terms;
3. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
4. Any claim that any user submission made by you has caused damage to a third party; or

Notices

Notices to you may be made via the Website and/or e-mail. Hanita Lenses may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that Hanita Lenses provide as aforementioned satisfy any legal requirement that such communications be in writing.

General

By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Hanita Lenses. Any claim or dispute between you and Hanita Lenses that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Hanita Lenses reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND HANITA LENSES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For any questions about these Terms of Use or any other issue regarding Hanita Lenses or the Website please contact us at: [email protected].
Last update: December 10, 2024
All rights reserved, Hanita Lenses Ltd.