Terms of use

[Last Modified: January 9, 2019]

 

These terms of use (“Terms of Use”) constitute a legally binding agreement between Erika Carmel Ltd. (“we”, “us” or the “Company“), the developer and operator of this website and the owner of the Devices (as defined below), and you, a visitor of our website or our customer (“customer” or “you“). When you browse our website or shop with us, these Terms will govern and apply. It is important and recommended that you take the time to read these Terms carefully as they will provide you with helpful information regarding, among others, the terms that will apply to your purchase.

 

This website is an e-Commerce platform offering the B-Cure Laser products – a series of devices intended for the treatment of pain, orthopedic problems, wounds and other conditions, all approved by Health Canada (the “Device”) and developed solely and exclusively by the Company. We try to provide a unique shopping experience by making available comprehensive information about our Devices.

Note that, in the package of each Device you will receive a brochure with an Instruction Manual as well as a Warranty Certificate that will govern your use of each Device. Please ensure to comply with the instructions and details therein. For the avoidance of doubt, these Terms govern the website, the content provided therein and the sale, shipment and return of the Devices. However, the use of the Devices is governed by the Instruction Manual and the Warranty Certificate.

Of course, if you need anything else, you may contact our customer service at support@bcurelasercanada.com, we will make our best efforts to provide you with the best assistance and any information needed as soon as possible.

 

Acceptance of the Terms: By accessing or using the website or purchasing our Device you acknowledge that you have read and understood and agree to bound by these Terms of Use, and our  Shippings, Refunds, Returns & Exchanges Policy (collectively the “Terms”) and our Privacy Policy. These Terms constitute a binding and enforceable legal electronic contract between you and us. If you do not agree to these Terms please do not use the website.

 

Amendments

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 Modified” heading. Your continued use of the website following such amendments constitutes your acknowledgement and consent of such amendments to the Terms. In the event of any material change, we will make our best efforts to provide written notification within the website or by other means of communication.

 

Eligibility

In order to use our website, including to purchase the Device, you must be at least 18 years old (or above the age defined as “minor” in your jurisdiction), and of legal competence to enter into these Terms. You further warrant that you are eligible to enter into these Terms and that you are not prohibited by any competent authority, judicial order or law from entering into any agreement; you have all proper authorizations, including if you are acting on behalf of a corporation, to enter into these Terms.

 

Terms of Sale

When placing an order you hereby represent and warrant that any and all information provided by you through the checkout page will be accurate and complete, including the contact details, payment details and the shipping or billing address. Non-complete or inaccurate information will prevent us from processing and delivering the Device, thus, it is your sole responsibility to ensure the details of the information you have provided are accurate. If you find out later that non-complete or inaccurate information was provided, please contact us immediately at:  support@bcurelasercanada.com.

 

Following the completion of an order, you will receive a confirmation email. Please note that all orders are subject to availability. If you have not received the confirmation email or the invoice, there is probably a problem with your order, thus, we will get in touch with you with further instructions. In some case, we will need to refuse or cancel an order (even if we have previously confirmed it). If this happens to you and you think we have made a mistake, please contact us at: support@bcurelasercanada.com.

 

Payment is made by our third party payment processors, therefore, we have limited control and will not be held responsible for any error occurring during payment. We will make our best efforts to assist in the solving of any such errors, if applicable. The payments do not include local taxes, we are responsible for our income and export taxes, however, any other applicable taxes, fees, and payments are your sole responsibility.

 

Shipping, Returns & Exchanges

Our Refunds, Returns and Exchanges Policy sets forth and governs our return policy, while and the Shipping Policy  sets forth and governs our shipping methods. We make our best efforts to meet delivery deadlines but occasionally there might be delays, e.g. because of postal, carrier delays, logistics or weather (which we will not be responsible for). We will keep you updated as much as we can and you should be able to track your parcel’s progress through the applicable courier services. Please review the terms of the aforesaid policies carefully prior to purchasing a Device.

 

Coupons

From time to time, we may offer you coupons that you can use to get a discount or other benefits. Remember, it’s up to you to enter the coupon’s code at checkout! If you will not use the code at the checkout, unfortunately, you will not be able to claim any discount at a later stage. Each coupon has its own terms, which will be clearly communicated at the time it’s issued to you. You should be able to find the terms and conditions of the coupon code in the same place you found the code whether it be through an email or on our website, so please review them carefully. If we believe, at our sole discretion, that there is or it has been a misuse of a coupon code in any way, we can cancel your coupon code. You can only use one coupon code per order. Coupon codes may only be valid for certain Products and the majority of codes will have an expiry date.

 

Intellectual Property

The website (including any content therein), the Devices, including the descriptions, pictures, videos, symbols, icons  and all the Content available therein, are owned solely and exclusively by Company, no right, title or interest shall be licensed to you, and we reserve any and all rights, title and ownership of the website, Device or any content thereof.

 

Restrictions of Use

You agree to use the website as set forth in these Terms and according to all applicable laws and regulations. You shall not, nor agree, authorize or encourage any third party to: (a) use the website in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (b) circumvent, disable or otherwise interfere with security-related features of the website and or prevent others from using it; (c) modify, create a derivative work of, reverse engineer, disassemble the website; (d) remove, deface, obscure, or alter the website; (e) use the website to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activity, including without limitation, deceptive impersonation in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (f) use any robot, spider, other automated device, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the website; or (h) otherwise use the website  or Device in any unlawful manner or in breach of these Terms. We may prevent you from using the website and our Services if we become aware of any action which breaches or which can reasonably construed as a breach of the Terms.

 

Privacy

Our Privacy Policy describes how we process, use, store and share your information when you access the website and is incorporated in these Terms by reference.

 

Disclaimer of Warranties

Erika Carmel Ltd. is not a medical organization and this website is not designed to provide diagnosis or medical advice. The content and the medical information are provided for general information, education, use and as an overview of intended use of the Device and should not be regarded as medical advice, diagnosis or substitute for professional advice. The experience, use and outcome of the Device may vary between different individuals due to differences in medical history, genetics, age, sex and other factors. Accordingly, prior to taking any actions we encourage you to consult with an appropriate medical professional and carefully review the Medical Device License . The use of the Device and reliance on the information provided herein is at your own risk.

Except as provided herein, the website, the Services and the Devices 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. The Company does not warrant that the website will operate error-free or free of viruses or other harmful code. You agree that the Company will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers. We make no representation or warranties that the website or the Services 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 website. Your access to the website and use of the Device is at your own risk and responsibility. Applicable laws may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

 

Further, this website contains testimonials which reflect real-life experiences, however, such experiences are specific to that particular individual, and may not necessarily be representative of all types of individuals. We do not claim, and you should not assume, that all individuals and customers will have the same experiences; your results may vary. These testimonials may be deemed as objectionable by you. Thus, if you wish to purchase our Device(s) you should always take into consideration your own needs and preferences. We disclaim any responsibility for any decision or action taken based on the testimonials or content posted in this website, which is provided “as-is”.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY (INCLUDING, WITHOUT LIMITATIONS, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS, 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 SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMOEW, 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, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE PRICE OF THE PURCHASED DEVICE(S). THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

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, costs, and expenses (including reasonable attorney’s fees) arising from (i) your use of the website that does not comply with these Terms or Privacy Policy, including negligence and wrongful act; (ii) abusing or infringing third party rights through the website; and (iii) your breach of any applicable law and regulation. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the website.

 

Termination

You can terminate these Terms and the use of the website and Service at any time. We may terminate your access to all or any part of the website or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the website and Services.

 

Miscellaneous

These Terms and the Privacy Policy constitute the entire understanding between the parties with respect to the use of the website. 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. These Terms are governed by the laws of the State of Israel without regards to its conflict of laws principles and shall be brought exclusively before the courts of Tel-Aviv Jaffa, Israel.

Contact Us

If you have any questions or concerns regarding these Terms, please contact us at: support@bcurelasercanada.com, or send us a letter to: Erika Carmel Ltd.  P.O. Box 15141, 5 Nahum Heth St. Haifa, Israel 3508504, or fill in our online forms available in the website.

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