Welcome to G-Med.com

1. General

1. These Terms of Use (the “Terms”) are a legally binding agreement between West 78 Group Ltd.(“G-Med”), and the User (as defined below), with respect to the website https://www.g-med.com (the "Website"), which is owned by G-Med. Please carefully read the following Terms before using our Website and the Services (as defined below) so that you are fully aware of your legal rights and obligations with respect thereto. If you do not agree to these Terms, please do not use this Website.
2. These Terms govern your access to and use of the Website, the Content, the Services (as such terms are defined below) and the features contained therein.
3. The term “us”, “we” or “our”, refers to G-Med, the owner of the Website. The term “you” refers to any User of the Website (as defined below).
4. The term “including” is not intended to be exclusive and means “including without limitation”.
   
   

2. Accepting the Terms of Use 

These Terms are effective as of the date you first access or otherwise use or view the Website. Such access, use or view of the Website indicates your acceptance of the terms and conditions contained herein and you agree to be bound by these Terms with respect to your access and use of the Website.

3. Definitions

For the purpose of these Terms:
“Account” means an account created by a User on the Website, including by entering a registration link sent via email.
“Content” means any data published, displayed, posted and/or otherwise made available on the Website, as well as any data otherwise provided by the User to G-Med (e.g., via email), whether by the User, G-Med or by any other person or entity; including, but not limited to images, photographs, graphics, audio and video files, ads, articles, research, ideas, feedback, comments, profiles, posts, text, third-party links, messages or any other form of information.
“External Websites” means any third party websites, plug-ins or applications.
“Services” means the services provided on the Website, including the possibility to publish Content and view or share Content published by others, access External Websites (as defined above) and links that may be embedded within the Website and any other actions or items supported by or available through the Website.
“User” means any person or entity accessing, using or viewing the Website.

4. Limited License

1. G-Med hereby grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable, royalties-free license to access and view the Website and use the Services, all under the condition that you comply with all of your obligations under these Terms.
2. The License is personal and may be used only by a single identified User.
3. Except as explicitly mentioned herein, no other rights, implied or otherwise, are granted.
   
   

 5. The Website

1. Only medical doctors who have created an Account may access the Website or any Content. If you are not a medical doctor you are prohibited from accessing the Website or any Content.
2. You expressly acknowledge and agree that any access to, or use of, the Website, including any Content therein, and any consequences thereof, are at your sole risk, responsibility and liability.
3. The form and/or features of the Website may change from time to time without prior notice.
4. In addition, we may stop (permanently or temporarily) operating the Website and/or displaying any of the Content and/or terminate your access to the Website, at our sole discretion at any time without notice and without liability to us.
5. We also retain the right to restrict the use of, or access to, the Website by you or any other Users, at our sole discretion at any time without notice and without liability to us.
   
   

6. Creating an Account

1. In order to use certain areas of the Website, you are required to create an Account and provide a username, password, professional and occupational information, a valid medical license, as well as truthful, accurate, current and complete information about yourself. You may also provide additional information describing your credentials, professional experiences, academic background, biography, etc., thus creating a personal profile (“Personal Profile”) that will be available for viewing by other Users. Providing additional information in your Personal Profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time. Please note that all the information detailed above must be accepted by us in order to create an Account and that we may engage third parties in order to verify your identity and the information that you provided.
2. You are responsible for maintaining the confidentiality of your username and password and you may not share this information or your account credentials with others or allow others to use your Account. You are requested to immediately notify us of any unauthorized use of your password or account.
   
   

7. The Content

1. You agree and acknowledge that any use or reliance on any Content presented on the Website, whether published by G-Med, by a User or by a third party, including links to External Sites, is at your own risk, done at your sole discretion and does not impose any responsibility or liability on G-Med.
2. You represent and warrant that you have (and will continue to have during your use of the Website) all necessary licenses, rights, consents, and permissions which are required to use the Content in the manner contemplated by these Terms. All Content uploaded by you will be considered non-confidential and non-proprietary.
3. We are not required or obligated to host, display, or distribute any Content on the Website and we may, at any time, remove, modify or refuse to display any Content for any reason.
4. G-Med does not warrant against deletion of any Content, or the failure to recreate, re-upload or re-post any Content to on the Website.
5. The Website contains certain areas that are recognized as “Collaboration Areas” and you, as well as any other User holding an Account, may upload Content to such Collaboration Areas, including feedback, comments, articles, white papers, profiles, data, text, pictures, videos, posts, third-party links, messages, or other materials and view any Content made available is such Collaboration Areas. The default is that any Content you upload to such Collaboration Areas will be shared with all Users and G-Med shall not bear any liability in connection therewith. Please note that while most of the Content is accessible only to Users that hold an Account, certain areas of the Website, as well as white papers published by G-Med, which do not include details of Users holding an Account, are accessible also to Users without an Account. 
6. The Content does not constitute a recommendation, opinion, advice and/or offer. G-Med shall bear no responsibility for the User's reliance upon any Content and/or for the degree to which the Content is true, accurate and/or accords with the User's use and/or needs. G-Med disclaims all responsibility for any Content made available on the Website and does not guarantee its accuracy.
7. Some Content may be generated using artificial intelligence (AI) technology, which may sometimes generate incorrect, inaccurate, incomplete, misleading or outdated information. G-Med disclaims all warranties, expressed or implied, with respect to any such Content generated using AI technology and assumes no responsibility whatsoever for any error, omission or inaccuracy in such Content.
8. The Website is not intended for the transmission, storing, review or receipt of data relating to patients that can directly or indirectly, in combination with other specific details, identify a patient (“Patient Information”). You are strictly prohibited from uploading and/or posting any Patient Information to the Website.
9. You are solely responsible and liable for all Content that you upload, publish or otherwise make available via the Website, including for its compliance with applicable law. Among others, you shall strictly avoid uploading and/or posting to the Website any abusive, vulgar, hateful, threatening, violent, sexually-oriented or any other Content that may violate any applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You shall also avoid uploading and/or posting to the Website any hyperlinks to External Sites containing such content.
10. This Website is not intended for Adverse Event Reporting and it is prohibited to use the Website for any such purpose, including by publishing Content that includes information that may be considered as Adverse Event Reporting.

8. External Sites

1. The Services may enable access to External Sites.
2. Use of an External Site is subject to the terms of use of such External Site. We are not liable or responsible for an External site's compliance with applicable laws and/or for any information or content published or made available therein. It is recommended that you review the applicable terms and policies of any External Site to which you navigate from our Website.
3. You understand that by using any External Site, you may encounter content that may be incorrect, misleading, incomplete, or that may be deemed offensive, indecent, or objectionable, and which may or may not be identified as having explicit language. You acknowledge and agree that we are not responsible for any content published on an External Site and that the use of any External Site, including the content therein, is at your own risk.
4. We make no representation that any External Site is appropriate or available for use in any particular location or use.
   
   

9. Problems with the Website

1. We do not guarantee that our Website will be compatible with any hardware or software which you may use, or that our Website will be uninterrupted or error free.
2. The information contained on our Website is provided for general information and interest purposes only. We shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, the information contained on our Website (including the reliance upon any such information), or for any delay or interruption in the transmission thereof to you, or for any related claims or losses.
   
   

10.Restrictions on Content and Use of the Website 

1. You may not use our Website or Services or create an Account on the Website if:
   1. You are not at least 18 years old. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old;  
   2. You are not a licensed physician;
   3. You register under a false name or you create an Account for anyone other than yourself or allow any other person or entity to use your Account or your identification for any reason;
   4. You are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident, or from which you use or access the Website; or
   5. Such access or use are made in a manner which is inconsistent with these Terms and/or applicable laws, rules and regulations.
2. You may not do any of the following while accessing the Website or using the Services:
   1. use the Website other than in compliance with these Terms and all applicable laws and regulations;
   2. facilitate or encourage any violation of these Terms;
   3. except as otherwise provided in these Terms, copy, reproduce, print, download or save a copy, republish, display, perform, advertise, distribute, transmit, broadcast, decompile, reverse engineer, disassemble, attempt to derive the source code of, adapt, modify, create derivative works from, sell, rent, lease, loan or otherwise make available or exploit in any form or by any means all or any portion of the Website or any Content, for any purpose;
   4. scan and/or use any portion of the Website or any Content for the purpose of training AI models;
   5. remove or alter any patent numbers, copyright notices, trademark notices or other proprietary notices or identifying marks, symbols or legends included in the Website;
   6. publish or display marketing or promotional content without first obtaining G-Med’s explicit written consent;
   7. use the Website for any unlawful purpose or for promotion of illegal activities;
   8. use the Website for interfering with, or disrupting (or attempting to do so), the access of any person, host or network, including, without limitation, by uploading and/or sending software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; overloading, flooding, spamming, mail-bombing; or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website;
   9.  use any robot, scanner, spider, or other automated device, process or means to access, retrieve, scrape or index any portion of the Website and/or the Content;
   10. Harvest or otherwise collect information about others, including email addresses;
   11. attempt to obtain an Account (or login credentials) of another person; or
   12. do anything that could disable, overburden, or impair the proper activity of the Website.
3. You may provide links to the Website, provided (a) that you do not remove or obscure the copyright notice or other notices on the Website, , (b) the site from which you provide the links to the Website does not engage in illegal or inappropriate activities, and (c) you discontinue providing links to the Website immediately upon request by us.
4. You are solely responsible and liable for, and G-Med has no responsibility to you or to any third party for, any breach of your obligations under these Terms and for the consequences (including any loss or damage which G-Med may suffer) of any such breach.
   
   

11. No Warranty 

1. The Content of the Website is offered for informational, commercial, educational and professional purposes and is does not, nor is it intended to substitute for any medical diagnosis, treatment, professional judgment or discretion of a health care professional. By using the Website you assume full responsibility for the use of the Content and agree that G-Med will not be responsible or liable for any claim, loss, or damage arising from the use of the Website and/or any Content. The Content is provided for informational purposes only and does not, in any way, replace your professional judgement and/or an examination by or the professional opinion of a physician.
2. We do not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Website. Your reliance on any Content is solely at your own discretion and your own risk.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND G-MED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, THE SERVICES AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY, RELIABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE.
4. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusions and limitations may not apply to you in such jurisdictions.
   
   

12. Limitation of Liability 

1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL G-MED, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND/OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, RESULTING IN ANY WAY FROM (I) YOUR ACCESS TO OR USE, INABILITY TO USE, OR RELIANCE ON THE WEBSITE, THE SERVICES, ANY CONTENT AND/OR EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY CONTENT INCLUDED IN THE WEBSITE AND/OR IN ANY EXTERNAL SITE, (III) ANY CONTENT PUBLISHED IN CONTRADICTION WITH THESE TERMS, INCLUDING CONTENT THAT INCLUDES ADVERSE EVENT REPORTING; (IV) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, THE CONTENT AND/OR ANY EXTERNAL SITE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF G-MED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, OR FOR (C) ANY THIRD PARTY CLAIMS AGAINST YOU.
2. IN NO EVENT SHALL THE TOTAL LIABILITY OF G-MED, ITS DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES IN CONNECTION WITH THE WEBSITE, THE CONTENT AND THE SERVICES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TEN U.S. DOLLARS (U.S. $10).
3. Any cause of action by you with respect to the Website and/or Services, must be instituted within one (1) year after the cause of action arose.
4. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so the limitations above may not apply to you in such jurisdictions.
5. The user is solely responsible for complying with its own adverse Event Reporting obligations, as ‎well as for its compliance with applicable laws and regulations regarding Adverse Event ‎Reporting, and under no circumstances shall G-Med be liable for any such reporting and/or any damage caused to the User and/or any third party in connection therewith.
   
   

13. Indemnity 

You shall indemnify and hold G-Med and its directors, officers, employees, agents, partners and licensors, harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs), related to any demand or claim brought against G-Med by any User and/or any other third party, due to or arising out of your use of the Website or the Services, your violation of these Terms, and/or your violation of any rights of another party.

14. Ownership and Intellectual Property 

1. The Website contains proprietary information and material that is owned by G-Med, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
2. All copyrights in and to the Website and Content posted by G-Med, are owned solely and exclusively by G-Med, (and/or by its licensors), which reserves all rights in law and equity with respect thereto.
3. You are    not granted any right and/or license, or ownership including any copyright    ,     trademark or other intellectual property rights to the Website or to any Content, other than as    explicitly set forth in these Terms.
4. You hereby acknowledge G-Med’s rights, ownership, title and interest of the Website (excluding External Sites and Content uploaded by you) and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights, are and shall remain the sole and exclusive property of G-Med.
5. By submitting Content to the Website, including any comment or feedback, you automatically grant us and other Users an irrevocable, perpetual, royalties-free, transferable, non-exclusive, fully-paid, worldwide, license to use, distribute, reproduce, share, adapt and amend (including by editing and making format changes to your content), publish, translate, publicly perform, and publicly display your Content on the Website and in white papers published by G-Med, in whole or in part, in any manner and for any purpose (including commercial purposes).
6. Except as otherwise provided on the Website or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, reverse engineer, publish, modify, delete, add to, license, post, transmit or distribute any Content from this Website in whole or in part, without our specific prior written permission.
7. Any third party trade or service marks    present on Content are trade or service marks of    their respective owners. Such Content may not be downloaded, copied, reproduced    distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise    exploited for any other purpose whatsoever except as permitted in these Terms.
8. G-Med reserves all rights not expressly granted to you under these Terms.
9. You agree that the 'G-Med' trademark, trade name, service mark, graphics, logo and other brand features used in connection with the Website and the Services, are trademarks or registered trademarks of G-Med (collectively, the “G-Med Marks”). Nothing in these Terms gives you a right to use or display G-Med Marks in any manner.
10. THE USE OF THE WEBSITE, THE SERVICES OR THE CONTENT OR ANY PART THEREOF, OTHER THAN USE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF G-MED AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.

15. Submitting Information to Us

1. Please see our Privacy Policy for information on how we treat personal data. You shall avoid providing to us any confidential or proprietary information through the Website unless you have another written agreement with us related to the sharing of such information. Any information that we receive through the Website will be deemed to be non-confidential, unless explicitly specified otherwise.
2. BY TRANSMITTING TO US INFORMATION VIA THE WEBSITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH US RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT WE MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT ANY OBLIGATION TO YOU.

16. Security 

1. Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for you or logging on to a third party’s server or account that you are not authorized to access; or (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
2. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
   
   

17. Termination 

1. To the fullest extent permitted by applicable law, we reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the Services and/or the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Content presented on the Website as well as features and/or hours of availability of the Website, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Website or restrict your access to part, or all, of the Website without notice or penalty.
2. These Terms shall be effective until terminated by G-Med. Without derogating from G-Med’s right to terminate these Terms, G-Med, at its sole discretion, without notice to you, may terminate these Terms and/or your Account if you fail to comply with any of the provisions of these Terms, without prejudice to the right of G-Med to be indemnified for its damages and for any other right and remedy.
3. You may terminate your Account at any time via the Website.
4. In case these Terms shall terminate, for any reason, the provisions which by their nature would continue beyond termination (including, without limitation, the provisions of Sections ‎11, ‎12, ‎13, ‎14, ‎16, ‎17, ‎18, ‎19 and ‎0) shall survive such termination and shall continue to apply.
5. Upon termination of these Terms, you shall cease all use of the Website and/or the Services.
   
   

18. Governing Law and Jurisdiction 

1. These Terms shall be governed and construed in accordance with the laws of the State of Israel, without reference to its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
2. You hereby irrevocably submit to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, to resolve any dispute arising out of or pursuant to these Terms, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Notwithstanding the above, you agree that G-Med shall still be allowed to apply for injunctive remedies in any jurisdiction.
   
   

19. Unlawful activity 

1. You may not use the Website or the Services, other than in accordance with applicable laws, including the laws of the state from which you accessing and/or otherwise using the Website or the Services.
2. We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities.
   
   

20. Notices and Messages

You hereby agree to receive notices, messages and updates (including via email, mobile text messages, web notifications and any other media): (a) in relation to the Website and/or your use of the Website; and (b) containing educational, promotional, commercial or financial opportunities, including marketing material and advertisements.

 21. Miscellaneous 

1. Entire Agreement. These Terms constitutes the whole and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and the Services.
2. Severability. In the event that any provision of these Terms is held to be invalid or unenforceable, that provision shall be construed, limited, modified or deleted, to the extent necessary to eliminate any invalidity or unenforceability, and the remaining provisions of these Terms remain in full force and effect.
3. Waiver. No waiver on the part of G-Med of any right under these Terms shall be effective unless in writing and signed by G-Med’s duly authorized representative. No waiver on the part of G-Med of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms.
4. Assignment. You may not assign, subcontract or otherwise transfer any of your rights and/or obligations under these Terms. G-Med may assign and/or subcontract some or all of these Terms to any third party in connection with a merger, acquisition, sale of assets, by operation of law, or otherwise. These Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
5. No Third Party Beneficiaries. These Terms do not create any obligation of G-Med to any third parties, nor shall it be deemed to create any rights or causes of action on behalf of any third parties.
6. Changes to these Terms. We may change these Terms from time to time, in our own reasonable discretion. We will provide notice of substantial changes to these Terms on the Website. Such substantial changes will take effect seven (7) days after such notice was provided on the Website . All other changes to these Terms are effective immediately upon publication of the updated Terms on the Website. Your continued use of the Website and/or Services after the publication of the updated Terms will be deemed acceptance on your behalf of any and all such changes.
   
   

22. Contact Information

If you have any questions or comments regarding these Terms, please contact us at: contact@g-med.com.
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Last updated: March 27, 2024