MEGO AFEK A.C. LTD. Terms of Use

1.  Introduction and Scope

These Terms of Use (the “Terms”) govern your access to and use of the website operated by Mego Afek A.C. Ltd. and its affiliate (“MEGO”, “we”, “us” or “our”) at https://www.megoafek.com/ and any related pages, forms, materials or online content that link to these Terms (collectively, the “Website”).

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

These Terms should be read together with our Privacy Policy, which is incorporated into these Terms by reference and is available on the Website.

2.  Website Purpose

The Website is provided for general corporate, informational and promotional purposes. It is intended to provide information about MEGO, its medical device products and related business activities, and to enable users to submit general enquiries or request contact by MEGO or a relevant local distributor, affiliate, representative or business partner.

The Website is not an e-commerce platform and does not enable users to purchase products directly from MEGO through the Website.

Website content is provided for informational purposes only and does not constitute professional, medical, regulatory or commercial advice of any kind.

3.  No Medical Advice; No Instructions for Use

The content on the Website is provided for general informational purposes only. It does not constitute medical advice, diagnosis, treatment recommendation, professional healthcare advice, or instructions for use of any medical device.

MEGO products are medical devices and must be used only in accordance with the applicable instructions for use, indications, contraindications, warnings, precautions, product labelling, and regulatory approvals or registrations applicable in the relevant country.

Patients and individual users should consult a qualified healthcare professional before using any medical device. Healthcare professionals should rely on their own professional judgement and the applicable product documentation.

4.  Product Availability and Regulatory Status

Products, product names, indications, configurations, features, accessories, documentation and availability may vary by country or region and may be subject to local regulatory approval, clearance, registration or other requirements.

The fact that a product or feature is described on the Website does not mean that it is available, approved, cleared, registered, suitable or lawful for use in every country or for every purpose. Nothing on the Website expands, modifies or replaces the intended use, indications, contraindications, warnings, precautions or instructions for use applicable to any MEGO product.

Website content should be read together with the applicable product labelling and documentation. In the event of any inconsistency, the applicable product labelling, instructions for use, regulatory documentation and separate contractual terms will prevail.

5.  No Public Offer; No Online Sale

All information on the Website is provided for informational purposes only and does not constitute a binding offer, quotation, commitment to sell or supply, prescription, recommendation, representation or warranty regarding any product or service.

Any purchase, supply, distribution, service, support or other commercial arrangement will be subject to separate terms agreed with MEGO or with the relevant authorised distributor, affiliate, representative or business partner.

Any commercial terms agreed with a MEGO distributor or representative are solely between you and that entity and do not constitute an offer, commitment or representation by MEGO unless expressly confirmed in writing by a duly authorised representative of MEGO.

6.  Online Enquiries and Distributor Follow-Up

If you submit an enquiry through the Website, MEGO may refer or forward your enquiry to the MEGO distributor, affiliate, representative or business partner responsible for your country or region so that they may respond to your request. You will be notified of this through a notice on the contact form before you submit your details.

Unless expressly stated otherwise, distributors, representatives and business partners are independent entities and are responsible for their own communications, quotations, sales, services, support and commitments. Distributors and representatives are not authorised to modify these Terms or make commitments on behalf of MEGO unless expressly authorised in writing by MEGO.

Personal data submitted through the Website will be processed as described in our Privacy Policy.

7.  Do Not Submit Medical or Health Information

Website forms are intended for general enquiries only. Please do not submit medical records, diagnosis details, symptoms, treatment history, adverse-event information or other sensitive health information through the Website.

If you require medical advice, diagnosis or treatment, please contact a qualified healthcare professional. If you need to report a product complaint or adverse event, please use the dedicated reporting channel specified by MEGO or the relevant distributor.

8.  Privacy and Cookies

For information about how we collect, use, share and protect personal data, please review our Privacy Policy, which is available on the Website. The Website may use cookies and similar technologies as described in the Privacy Policy and the Cookie Notice or Cookie Settings tool made available on the Website. Where required by law, your consent will be obtained before any non-essential cookies are placed on your device.

9.  Intellectual Property

All content on the Website, including text, graphics, images, videos, product names, trademarks, logos, designs, software, technical materials and other content, is owned by or licensed to MEGO and is protected by applicable intellectual property laws, including Israeli and international copyright and trademark laws.

You may access and view Website content for your personal, non-commercial informational use only. You may not copy, reproduce, distribute, modify, display, transmit, publish, create derivative works from, or commercially exploit any Website content without MEGO’s prior written consent.

No right, title or interest in the Website or its content is transferred to you by virtue of your access to or use of the Website. All rights not expressly granted are reserved by MEGO and its licensors.

10.  Permitted Use and Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms. You must not:

•       use the Website in any manner that violates applicable law or regulation;
•       submit false, misleading, unlawful, infringing, abusive or harmful content;
•       submit medical records, diagnosis details, symptoms, treatment history or other sensitive health information through the Website contact form;
•       use the Website for unsolicited mass commercial communications or spam;
•       interfere with, disrupt, damage or compromise the Website, its servers, networks or security measures;
•       use automated tools, bots, scraping tools, spiders or similar technologies to access or monitor the Website without authorisation;
•       attempt to gain unauthorised access to any part of the Website or related systems;
•       upload or transmit malicious code, viruses, malware or other harmful components;
•       frame, mirror or misrepresent the Website or any Website content;
•       use the Website in any way that could harm minors.

11.  Third-Party Websites and Platforms

The Website may contain links to third-party websites, distributor websites, social media pages or external resources. These sites are not controlled by MEGO, and MEGO is not responsible for their content, policies, practices, availability or security. Access to third-party sites is at your own risk and is governed by their own terms and privacy policies, which we encourage you to review.

The inclusion of a link on the Website does not imply endorsement or recommendation of the linked site or any product or service offered on it.

12.  Website Availability and Changes

We may modify, suspend, discontinue, update or remove all or part of the Website or its content at any time, with or without notice. Website content may not always reflect the most current product information, availability, regulatory status or technical documentation.

We do not guarantee that the Website will be uninterrupted, error-free, secure or free from harmful components.

13.  Disclaimer of Warranties

The Website and its content are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, MEGO disclaims all warranties, representations and conditions, whether express, implied or statutory, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title and non-infringement.

Nothing in these Terms limits or excludes any warranty or liability that cannot be limited or excluded under applicable law.

14.  Limitation of Liability

To the maximum extent permitted by applicable law, MEGO, its affiliates, officers, directors, employees, representatives, distributors, licensors and service providers will not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or for loss of profits, revenue, business, goodwill, data or use, arising out of or relating to the Website or your use of the Website.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including:

•       liability for death or personal injury caused by negligence;
•       liability for fraud or fraudulent misrepresentation;
•       liability for defective products under applicable product liability law, including EU Directive 85/374/EEC and its successor, or equivalent national law;
•       any other liability that cannot lawfully be excluded or limited under applicable law.

Mandatory consumer rights: Nothing in these Terms affects your statutory consumer rights under the mandatory laws of your country of residence.

15.  Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold MEGO harmless from losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising from your unlawful use of the Website, your violation of these Terms, your submission of unlawful or infringing content, or your introduction of malicious code into the Website.

This indemnity does not apply to individual consumers or patients acting in a non-commercial capacity. It applies primarily to commercial users, distributors and business partners.

16.  Age Restriction

The Website is intended for users aged 18 and above and is not directed to children or minors. If you are under 18, you should not submit information through the Website without the consent of a parent or legal guardian. Parents or legal guardians may contact MEGO on behalf of a minor for legitimate product or distributor enquiries but should not submit health, medical or other sensitive information through the Website.

17.  Changes to These Terms

We may update these Terms from time to time. The updated Terms will be posted on the Website with the “Last updated” date. Your continued use of the Website after updated Terms are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

18.  Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Israel, without regard to its conflict of law principles. The competent courts of Tel Aviv-Jaffa, Israel shall have exclusive jurisdiction to resolve disputes arising from or relating to these Terms or your use of the Website.

These Terms are without prejudice to any mandatory provisions of applicable law that cannot be excluded or limited by contract. If you are an individual consumer, nothing in these Terms affects your statutory rights under the mandatory laws of your country of residence.

19.  General Provisions

Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and MEGO with respect to your use of the Website.

Severability: If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed. The remaining provisions continue in full force and effect.

No waiver: MEGO’s failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision.

Headings: Section headings are for convenience only and have no legal or contractual effect.

20.  Contact Us

Questions regarding these Terms may be sent to:

© Mego Afek A.C. Ltd. All rights reserved.