TERMS & CONDITIONS

1. The website
   • Using the website. The use of this website (the “Site”), and/or the services and content made available on the Site (the “Services”) and/or the purchase of products (the “Products”), are subject to these terms and conditions (these “Terms”), and Evinature’s privacy policy (the “Privacy Policy”). By accessing the Site, using the Services or purchasing the Products you (the “User” or “You”), represent and warrant that You are of legal age and have the right and authority to engage with these Terms, and You acknowledge that You have read and agreed to comply with the Terms as set below.
   • The Terms. Evinature reserves the right to change these Terms from time to time, without prior notice. When we do, we will revise the “last updated” date given below. It is User’s responsibility to review these Terms frequently and to remain informed of any changes made. The then-current version of these Terms will supersede all earlier versions. You agree that the continued use of the Site, Services and/or purchase of Products will constitute Your acceptance of any such revised Terms.
2. Assessment services
   • Assessment request. in order to use the assessment services, the User shall be requested to leave his/her contact details (name, and e-mail address), gender, date of birth, height, weight, specific medical history, symptoms on the Site, etc. in doing so the User is agreeing to the Privacy Policy, as well as the Terms. Following receipt of the assessment request, Evinature may collect, process, and analyze the information provided by You and may compile related information and/or studies regarding Your condition and relevant Products for Your use. After receiving the Products, Users may be provided with periodic patient reports as well as feedback requests intended to keep You well informed, ensure the efficiency of the strategy, and strengthen Evinature’s database.

As part of Evinature’s goal to promote safe, clinically validated natural remedies for various conditions, all information provided by Users as part of the assessment services may be registered, evaluated and may be shared with members of the scientific community and used as a research tool in order to expand the existing database and scientific knowledge regarding Your condition.

• Use of information. By using the assessment services, You expressly agree that any information You provide or will provide and/or will be gathered as detailed in these Terms, and subject to the Privacy Policy, may be stored and held in databases and used by Evinature for purposes of analysis and research. You are being specifically notified that providing such information is not required by law and is subject to Your consideration, however, should You choose not to disclose such information please do not proceed to use the Site and/or Services.
• Non identifying information. Evinature represents that any information provided by You pertaining to medical history, symptoms etc., shall be used and/or treated as non identifying information.
• User Submission. By using the assessment services, You agree that all feedback and/or comment and/or response submitted by You (the “User Submissions”) may be used by Evinature. You grant to Evinature a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights You own or control to use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to You, with or without attribution, and without the requirement of any permission from or payment to You or any other person or entity. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, You hereby waive, and agree to waive, any moral rights (including attribution and integrity) that You may have in any User Submissions, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that You will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

3. Purchasing Products
   • Return Policy. Evinature stands behind the Products that we sell, this Return Policy applies to all Products purchased on the Site. In general, we accept returns for a limited period of time; if You are dissatisfied with Products Your sole remedy will be to return the sealed and unused Products for a refund. After the return period has expired, all sales are final, and we will not accept returns or issue refunds.
   • International orders. By confirming Your order for shipment outside of Israel, You agree to these additional terms brought forth in this Section. Prior to completing the purchase, we recommend Users research any and all legal implications related to the Products, including import regulations. The supply of Products is subject to the applicable requirements and laws of the state of Israel. In the case that we are informed that the Products cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but you will remain responsible for the payment of the Products. Additionally, You are considered the importer for all shipments from us and must comply with all laws and regulations of the country of destination and all applicable laws and regulations imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to us or to You in connection with any non-compliance with laws and regulations of the country of destination. Without limiting the foregoing, You may not acquire Products and/or Services if: You are in, under the control of, or a national or resident of Iran, Syria, Lebanon, or if You intend to supply the Products and/or Services to Iran, Syria, Lebanon (or a national or resident of one of these countries).
     You may be subject to import taxes, fees, and customs duties, depending on the destination country.
   • Cancellation of a transaction in accordance with the Consumer Protection (Cancellation), Htsa”a -2010 and Consumer Protection Act, 1981

3. User Representations & Warranties
   • Intellectual property rights. User represents that Evinature owns and retains all rights and titles to the Site and the information that appears on it, including the design of the Site, including all information of any kind and type, including all verbal, visual, audio, audio-visual content, and including text, image, sound, video, in any media and in any end device, which exist today and/or will exist in the future and/or any combination thereof, including articles, studies, news, reviews, data, files, analysis, recommendations, guidelines, assessments and any other information and/or content in any format, as well as their design, processing, editing, distribution and presentation, including (but not limited to): any image, drawing, design, photography, illustration, animation, diagram, figure, simulation, sample, video, audio file and file musical; any software, file, computer code, application, format, protocol, database and interface and any character, sign, symbol and icon (the “Content”), which is protected by the copyright laws of a state Israel, international conventions and the copyright laws of other countries. User undertakes that You will not make changes, reverse engineer, copy, publish, distribute, transmit, display, reproduce, license, create derivative works, sell or otherwise exploit the Content. User represents that no license or right in the Content and/or in the Site and/or Services, or in any part thereof, is implied or granted to You, except for a right to use the Site and/or Services and/or purchase Products, in consideration for the applicable payment.
   • Compliance. User agrees to comply with all laws, rules, and regulations applicable to the use of the Site and/or the Services. Evinature will not be liable for any act or omission of You and/or other Users in respect of compliance with or infringement of applicable laws.
   • Prohibited use. The following uses through the Site and/or the Services are prohibited: (1) to disrupt or violate any right of another User, including the right to privacy, and/or to collect personal information about Users without their expressed written consent, including by automatic means; (2) to infringe on the dignity or privacy of another User and/or to use the Site and/or the Services to harm the good name of any person and/or to publish incitement, fraud, deception, defamation and/or any other information that is false, unreliable or that is used to intentionally harm; (3) to use the Site and/or the Services for any illegal or unauthorized purpose; (4) to use any device, software, instrument, robot, spider, malicious code, virus, worm, Trojan horse, spyware, malware or other technologies, devices or manual processes to: (i) monitor, scrape or copy the Site and/or the Content; or (ii) interfere, interrupt, disrupt, alter, destroy, impair, restrict, tamper or otherwise affect the proper operation of the Site.
   • Messages and Communications. User acknowledges that Evinature may contact You by sending You emails, text messages (SMS), by calling Your phone number, or by other communication means, from time to time as deemed appropriate by Evinature. Such communications form an integral part of the Services, and You hereby agree to receive such messages and communications. If You wish not to receive our messages, You may notify Evinature at any time by sending an email to: info@evinature.com, or through the Unsubscribe link attached to such messages.
   • Compensation. You represent and warrant that when You make any payments to Evinature for use of our Services or purchase of Products:
     • You agree to pay the fees at our then-current prices as posted including any applicable taxes;
     • You agree to provide true and complete payment information;
     • You agree that the fee will be honored by Your bank or credit card company;
     • You agree that if Your initial payment method is dishonored, You will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
   • Termination. You agree that Evinature may terminate Your use of the Site, and/or the Services immediately with no remuneration, upon the occurrence of any breach of the Terms, and that in the event of any breach of User`s undertakings in Section 4.4 (Compensation), Evinature may terminate any order or purchase of Products.

Any action contrary to the foregoing clauses will constitute a material breach of these Terms, with all the implications of such breach.

5. Disclaimer
   • Warranties. We and anyone on our behalf, including employees, researchers, shareholders, directors, managers, officers or consultants (collectively, the “Evinature Parties”), hereby disclaim all warranties, expressed or implied, including, but not limited to, merchantability, fitness for a particular purpose, non-infringement or title regarding the Site and/or the Services. In addition, and to the fullest extent permissible by law, the Evinature Parties make no representations or warranties, express or implied, as to the: (a) Site and/or the Services, including their compliance with applicable laws in any particular jurisdiction; (b) Content; or (c) Site and/or Services being error-free, uninterrupted or free from any harmful components; or (d) accuracy, completeness or usefulness of the information (including any instructions) on the Site and/or Services.

The information provided in relation to the Products on the Site is the only information approved by us regarding the various Products. Evinature is not responsible for the information that is written about the Products by any third party, on sites that are not operated by Evinature. Evinature may act to exercise its rights against any third party who submits information to the public which is not endorsed by it.

Features, models, design, colors or appearance of Products described or displayed on the Site, including any image or presentation of Products, are made in order to mimic the Products in the closest and best way possible. If a User has identified that there is a difference between the appearance of the actual Products and the Image appearing on the Site, You should contact Evinature who will act to correct it as soon as necessary.

Evinature does not undertake that use of the Site and/or the Services will be available at all times, or without disruptions and/or be immune to damage, malfunctions or software failures, however, Evinature will make every effort to resolve any malfunction as expediently as possible.

Evinature is entitled to shut down the Site and to change it from time to time, including the availability of the Services, without prior notice. We will bear no responsibility and/or liability for any damages caused to You and/or to any third party, from changes, suspension and/or cancellation of the Services.

The Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party sites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such sites.

• No Medical Advice. The Site and/or Services, may contain information about medical conditions and treatments. The information does not intend to consist medical advice and should not be treated as such. Any medical information on the Site is provided without any representations or warranties, expressed or implied. Evinature does not advise relying on the information as an alternative to medical advice from M.D or other healthcare professionals. If You have any specific questions about any medical matter, You should consult Your M.D or other healthcare professional. Using the Site and/or Services and/or Products means You agree and acknowledge that the Services shall not be deemed to be considered as a source of all information on a particular topic nor seen as a substitute for professional advice, diagnosis, prescription or treatment from M. D`s or other proper medical counsel provided by certified healthcare professionals.

6. Limitation of liability
   • Limitations. The Evinature Parties will not be liable for any loss or damages of any kind (including, without limitation, for any direct, indirect, exemplary, special, punitive, incidental or consequential losses or damages), whether in contract, negligence, strict liability or tort, including, without limitation, loss or damage related to: (a) Site, and/or Services; (b) Content; (c) any action taken in connection with an investigation by Evinature or by law enforcement authorities regarding Your use of the Site and/or Services; (d) any action taken in connection with intellectual property rights; or (e) any errors or omissions in the Site`s operation, even if foreseeable or even if the Evinature Parties have been advised of or should have known of the possibility of such damages.

In no event will the Evinature Parties be liable to You or to any third party for loss, damage or injury, including, without limitation, death or personal injury, unless such cannot be excluded or limited under applicable law. In no event will Evinature Parties` total liability to You for all damages, losses or claim exceeds the amount You paid to the Evinature for the last 12 months for the Services and/or Products You purchased.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. Indemnification
   • Indemnification. You and anyone acting in Your name and on Your behalf, agree to defend, indemnify and hold the Evinature Parties harmless from and against any claims, liabilities, damages, losses and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following: (i) access to or use of the Site and/or the Services; (ii) breach or alleged breach of these Terms; (iii) violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental, administrative and legislative authorities; or (v) any misrepresentation made by You. You will cooperate as fully required by the Evinature Parties in the defense against any such claim. The Evinature Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not, in any event, settle any claim without the prior, written consent of the Evinature Parties.
8. Governing Law
   • Applicable Law. Use of the Site, Services and/or the purchase of Products, are all exclusively governed and subject to the Laws of the State of Israel. Any dispute or claim arising out of or in connection with the Terms of this Site, Services and/or purchase of Products shall be governed by, and construed according to the Israeli Law, without regard to conflicts of law provisions. The sole jurisdiction to settle any dispute or claim relating to the Terms of the Site, Services and/or purchase of Products, is vested in the competent courts of Tel-Aviv Israel.
9. Privacy Policy
   • Privacy. You acknowledge and agree that Evinature can use any personal data that Evinature may collect or obtain in connection with the Site and/or the Services in accordance with Evinature Privacy Policy available at [insert link]. Evinature assumes no responsibility or liability for User’s data, and the User shall be solely responsible for its data and the consequences of using, disclosing, storing, or transmitting it.

Last updated on 31.3.2022