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Terms
and
Conditions

Terms
and
Conditions

Welcome to www.Semadar.com (the “Site”)

SEMADAR Online provides services and content to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. This Terms and Conditions is valid for all countries outside Israel.

  1. Purchase Related Policies and Procedures

SEMADAR online services enable you to view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges).

  1. Products and Services for Personal Use

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

  1. Accuracy of Information

Description of our products on the Site aimed to be accurate; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

  1. Intellectual Property (IP)

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of SEMADAR (MISHMISH Ltd.) Online, our affiliates, partners or licensors, and is protected by international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

  1. Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party;  or (f) use software spiders or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) will link to, but not replicate, any and/or all of our Content; (ii) will not imply that we are endorsing such website or its services or products; (iii) will not misrepresent its relationship with us; (iv) shall not contain content that could be construed as offensive controversial or illegal or inappropriate for any ages; (v) shall not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) will not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

  1. Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith, as otherwise   you shall be liable for all the losses and damages that this may cause to SEMADAR (MISHMISH Ltd.) Online, our affiliates, partners or licensors.

  1. Your Account

You may choose to register at our Site if you are over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you will have an email address/username and password for your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in SEMADAR (MISHMISH Ltd.) Online’ s best interests to do so.

  1. Price and payment policy

Pricing for Products may be different on our Websites or from prices available in our stores or through our wholesale partners. Merchandise displayed on our Websites is available while supplies last and may be different from products offered in our retail stores.

Acceptable Forms of Payment: Visa, MasterCard and Pay Pal

Sales tax or, any other local taxes will be bared by the purchaser.

Return
Policy

Return
Policy

  1. Return Policy

SEMADAR (MISMISH Ltd.) creates every product with care and passion. Should you choose to return a product within 30 days of purchase, you will have to approach us via; info@semadar.com  We will happily examine case by case and in any event. Delivery cost for returned product will be beard by you. in case refunded, then the refund of the purchase price will be to the same credit card used for the purchase. There are no cash refunds.

  1. Special Events and Features

The Site may offer certain special events and features which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

  1. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy regarding unsolicited suggestions and ideas, any inquiries, feedback or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

  1. User Content

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 11 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) intentionally or unintentionally violate any applicable local, state, national or international law; or (iv) collect or store personally identifiable data about other users.

  1. Copyright Complaints

We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please notify us of a supposedly infringement.

  1. Limitation of Liability; Representations and Warranties

the site is presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a purpose, except to the extent such representations and warranties are not legally excludable.

Your use of SEMADAR’s (MISHMISH Ltd.) Products at your own risk. The information provided by this site is intended for your general knowledge and educational purposes only and is not intended to be a substitute for professional medical advice or treatment. The information provided by the site is not intended to diagnose, treat, cure, or prevent any disease. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your health or a medical condition, or to discuss treatment options, including the use of prescription medications. Information provided on this site, and your use of this site, does not create a care provider-patient relationship. The information provided on this site is not intended to be a substitute for any information contained on the label or in the labeling of products recommended. You should carefully review all product packaging, including instructions for use and precautionary statements, prior to using any product that you have purchased through this website.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

you agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than three (3) months after the cause of action relating to such claim or action arose.

  1. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

  1. Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of Israel, as if the Terms and Conditions were a contract wholly entered and wholly performed within Israel. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Israel and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the Israeli Chamber of Arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Fully permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

  1. Consent to Receive Electronically Notices by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at  info@semadar.com please include hyperlink and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy

Privacy
Policy

Privacy
Policy

  1. 1. Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request. Unless you ask us not to, we may contact you via phone or email in the future to tell you about our products or services, or changes to this privacy policy.

By submitting a contact form on this website, you agree to be contacted by SEMADAR (MISHMISH LTD.) to explore senior living and care services at the telephone number you have provided. You agree we may use automated calling technology to contact you by call or text message at the telephone number provided, even if you previously registered on a Do Not Call registry. This consent is not required to obtain information about our senior living and care services.

  1. 2. Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

      • See what data we have about you, if any
      • Change/correct any data we have about you
      • Have us delete any data we have about you
      • Express any concern you have about our use of your data
  1. 3. Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected online.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or, looking for “https” at the beginning of the address of the web page.

  1. 4. Updates

Our Privacy Policy may change from time to time and all updates will be posted on this page.

  1. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to amend these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision..

If you have any questions regarding these Terms and Conditions, please email us at info@semadar.com  along with your address, telephone number and email address; a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

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