The use of the website Schwartz-aradmasterclass.com (hereinafter: “the Website“), owned by Schwartz- Arad Ltd. I.D. 513061077, (hereinafter: “the Company” and/or “Website Management“) is subject to the terms of use detailed below. Please read these terms carefully. By using the Website, you agree to act in accordance with these Terms of Use and the Privacy Policy of the Website.
The Company is the owner and operator of the Website.
These terms apply to the use of the Website and its contents on any computer or communication device (such as a mobile phone, handheld computers, etc.). They also apply whether the Website is accessed via the Internet or through any other communication network.
The term “content” or “contents” includes all types of information, including verbal, visual, video, audio, audiovisual content, or any combination thereof, as well as their design, editing, distribution, and display.
General
- The purpose of the Website is to provide visitors (hereinafter: “Users” and/or “Customers”) with information about purchasing video contents and study programs offered by the Company and to facilitate video content registration through an online form.
- The provisions of these Terms apply to all browsing, purchases, and/or use of the Website. These provisions may change from time to time at the sole discretion of the Company. Therefore, before taking any action on the Website, Users are requested to read the Terms of Use as well as the Privacy Policy.
- The Company reserves the exclusive right to add, delete, or modify these Terms at any time without prior or retroactive notice to Users. Any changes made to the Website, or its terms will be binding upon Users who continue to use the Website. Continued use of the Website after modifications have been made, indicates the Users’ acceptance of these changes.
- The Company reserves the right to suspend the Website operations for maintenance purposes.
- The binding version of these Terms is the one currently published on the Website.
- If there is any contradiction or inconsistency between these Terms and any content on the Website, these Terms shall prevail.
- Any reference to the masculine form also includes the feminine, and singular includes plural, unless the context specifically requires otherwise.
- Users who do not agree to the Terms of Use should refrain from using the Website. They may, however, contact the Company’s offices for services.
- The Company respects Users’ privacy according to the Privacy Policy published on the Website, which may be updated from time to time.
- By accessing or using the Website, Users confirm that they have read these Terms and agree to comply with them, with the Privacy Policy, and act accordingly without any limitation or reservation.
Prohibited Actions on the Website
Without prior written approval from the Company, Users are prohibited from performing the following actions on the Website or its content, including hybrid or digital video content:
- Commercial use of the Website or its content without the prior express approval of the Website Management.
- Copying, reproducing, modifying, processing, translating, distributing, transmitting, displaying, performing, duplicating, publishing, or storing any Website content or video content material.
- Operating or enabling the operation of any computer application, such as Crawlers, Robots, or similar software, to search, scan, copy, or retrieve Website or video content.
- Displaying Website content within a visible or hidden frame or altering the original design of the Website in any way.
- Violating another User’s rights, including privacy rights, intellectual property rights, or collecting personal data without explicit written consent.
- Defaming, harming reputation, or publishing misleading, fraudulent, or malicious information.
- Using the Website for data mining or unauthorized database creation.
- Manipulating URLs to access internal pages without direct user access (URL hacking).
Violation of these restrictions may result in accounting suspension and legal consequences, including civil and/or criminal liability.
Video Contents
- Payments grant Users the right to access the recorded video content for a limited period, as specified on the website and in the purchase terms of the specific video content selected. Once the defined period ends, Users’ access to the recorded video content will be terminated.
- The website administration invests significant resources in delivering high-quality content while updating and renewing the video content. In case of inaccuracies in the content, the company and website administration will not be held responsible for any damage that occurred because of following the video content. The Users hereby declare that they are solely responsible for their personal use of the content on the website, and no responsibility will fall on the website administration in the case of direct or indirect damage caused to them and/or any third party due to and following the consumption of the video content.
- The video content is for personal use only. Sharing access or distributing materials to third parties is strictly prohibited and constitutes a criminal offense and contractual violation.
- If payment is not completed, the Company may terminate the User’s access to the video content.
- If these Terms are violated, access to the video content may be revoked immediately.
- If the Website is unavailable, efforts will be made to provide an alternative platform for the video content.
Cancellation Policy
- The title and content of the videos marketed on the website are detailed in such a way that it is easy and precise to understand what they include and their suitability for the customer’s personal needs before purchase.
- The videos have been developed and structured to provide the customer with the highest quality content, enabling them to train themselves through the videos and learn from their material comprehensively and professionally.
- Since these video contents contain pre-recorded video, images, and audio content, once the files and videos access has been granted to the Users’ interface where the content can be viewed, it will not be possible under any circumstances to cancel the video content purchase, return it, and/or receive a monetary refund. The recorded video content cannot be downloaded to a computer, copied, photographed, and filmed, making it a product that cannot be returned according to the provisions of the Israeli Consumer Protection Law, 1981, (hereinafter: the “CPL”) and its associated regulations (hereinafter: “Consumer Protection Regulations“).
- A customer who cancels their video content registration after receiving access to it – whether they viewed all, part, or none of the video content, for any reason—will be required to pay the full fee and will not be entitled to any refund, whether the fee was paid in full or not.
- It is clarified that under no circumstances will a full or partial refund be given for video contents that can be reproduced, copied, or recorded, regardless of whether the customer has actually used them. This is subject to the provisions of Section 14C of the CPL and Section 6(a)(8) of the Consumer Protection Regulations (Cancellation of Transactions) 2010, which limits the right of cancellation for “goods that can be recorded, duplicated, or copied, where the consumer has opened their original packaging”.
Cancellation by the Company
Without derogating from the provisions of these Terms of Use, in any of the following cases, the company shall be entitled to cancel the order and/or the agreement with the Users, even if a notification of the order has already been sent. A canceled agreement shall not entitle Users to any remedy, and Users shall have no claims against the company:
- In the event of an unintentional error in any of the details listed on the website regarding video content, including its price or description, on which the order was based.
- In the event of a disruption or malfunction in the proper operation of the website due to “force majeure” and/or a significant malfunction in the computer system, telephone system, or other communication systems serving the company, and/or in any other case where factors and/or events beyond the company’s control delay, prevent, or disrupt the proper functioning of the website or the delivery of the purchased video content.
- In cases where Users fail to fulfill any of their obligations, including the obligation to pay the video content fee, and/or if Users provide incorrect, inaccurate, or incomplete details, including cases where the credit card company does not approve the transaction.
Mailing, Notifications, System Messages, Newsletters, and Promotional Material
- In cases where the company has received the explicit consent of the User to receive marketing and/or promotional mailings, the company shall be entitled to send direct mail and advertisements, in accordance with the provisions of the Telecommunications Law (Bezeq and Broadcasting), 1982, via email and/or SMS messages to the mobile phone, including through WhatsApp and/or any other communication method chosen by the company.
- A User who has given his consent to receive marketing and/or promotional mailings may revoke his consent at any time by sending a request for removal to the following email: Marketing@dsa.co.il. Please note that due to technological and other reasons, it may take up to three business days from the date of receiving the request to remove the User’s details from the mailing list.
- The website management generally retains the information for a period of three years and/or for a longer period if necessary for business and/or legal purposes. The website management reserves the right, at its sole discretion, to cancel User’s authorization to continue receiving mailings, publications, newsletters, notifications, and/or any other content, without prior notice.
- By registering for the mailing service, Users express their willingness and provide their consent for the company to use the information, subject to applicable law, including sending general information from the company, updates, articles, promotional and marketing content, and/or offers to purchase various services via email and/or SMS and/or automated dialing systems. By using the mailing service, the User agrees to the Terms of Use and consents to receiving “advertisements” as defined in Amendment 40 to the Telecommunications Law (Bezeq and Broadcasting), 1982, as well as in accordance with the Privacy Protection Law, 1981. The User has the option to unsubscribe from the mailing service and stop receiving emails, SMS messages, and information by clicking the unsubscribe link in the email sent to them and/or by using the contact form available on the website.
It is emphasized that all Terms of Use regarding the company’s handling of User information and the transfer of such information to advertisers and third parties shall also apply to information collected as part of the mailing service.
Limitation of Liability
- The company makes every effort to provide Users with a high-quality and good experience on the website. However, the website is not immune to malfunctions, and there may be instances where Users are unable to access the website from time to time.
- The information, content, and services on the website (hereinafter collectively: “the Services”) are provided AS IS, and the company, its managers, shareholders, controlling entities, affiliated companies, and its representatives shall not be responsible for verifying their suitability for the Users’ needs and/or purposes.
- The company will not be responsible, whether expressly or implicitly, in connection with the website, including any video content and/or the use of content published on the website, including regarding its suitability for a specific purpose and/or the requirements of the Users and/or in relation to content on other websites to which the website links and/or advertisements on the website. All use of the website and/or the links from the website shall be done at the full and exclusive responsibility of the Users.
- The company and/or its representatives (Shareholders, Directors, Managers, employees, Company’s Distributors, Agents etc.) shall not be liable for any direct or indirect damages or losses, including consequential, incidental, random, or punitive damages (including, but not limited to, damages for loss of work and business, loss of profits, work interruptions and disturbances, loss and/or destruction of business data, damage to reputation, and any other anticipated or unanticipated financial loss or damage) arising from and/or related to the website, or any video content and/or services thereon, or any use thereof, including but not limited to:
- Use and/or inability to use the website, including any content and/or service on it, for any reason.
- Messages and/or files received by the User during and/or as a result of using the website, including any content and/or service on it;
- Use or reliance on information and content from the videos published on the website, whether by the company or by third parties;
- Any act and/or omission carried out in the content of the website or in connection with it after it has been handed over to third parties;
- Disruptions, availability, and functionality of the website, including any content and/or service on it, for any reason, including those resulting from internet or telecommunication network failures;
- Damage or loss caused by error, mistake, inaccuracy, or similar issues in the content on the website.
- Users will hold the Company Distributors and Agents harmless.
- In any case and without derogating from the above, the company’s liability to the User or a third party because of using the website shall not exceed $100 (one hundred dollars). in case in certain countries, liability for incidental or consequential damages cannot be excluded or limited, the above limitation or exemption may not apply to some users.
- It is clarified that:
- In case of a conflict between the wording appearing in any advertisement by the company and the wording in the company’s records, the wording in the company’s records shall prevail;
- Regarding any advertisement by the company, including promotions, the company reserves the right to cancel the advertisement and/or promotion and to limit participation therein;
- Any advertisement by the company shall not be considered a binding offer, and unless otherwise agreed between the parties, any engagement between the company and a third party is contingent upon the company’s prior written approval.
- The limitation of liability in this section does not detract from any other liability limitation stated in the website’s Terms of Use, including in the privacy policy.
Video content Disclaimer
The videos include professional medical information and training for professionals with experience in the medical field only. Customers who are not medical professionals are prohibited from purchasing or consuming video content, particularly from using it in any manner.
As for medical professionals consuming video content, it is clarified that purchasing and viewing the video content alone is not sufficient to perform medical procedures. The video content is not intended to replace qualified medical licenses to perform the procedures, hands-on training and practical experience alongside qualified medical professionals who will train you to perform medical treatments and procedures on patients.
Compliance with the Terms and Indemnification
- The Users hereby commit to comply with all applicable laws, including any laws and/or regulations that may apply to their use of the website and/or video content, including these Terms of Use.
- Additionally, the Users agree to indemnify the company and/or its representatives for any damage, loss, lost profit, payment, or expense that may be caused directly or indirectly, including damage to reputation, financial and/or commercial harm, legal fees, and court costs, resulting from any claim, demand, and/or lawsuit arising directly or indirectly from the breach of these Terms of Use and/or any act and/or omission by the Users and/or any obligation for which the company and/or its representatives are held responsible under these Terms of Use, for which the company has no liability; or any claim, demand, or lawsuit that may be raised against them by any third party as a result of improper and/or illegal use by the Users on the website and/or its content, including violations of these terms.
Ownership and Intellectual Property
- The website Schwartz-aradmasterclass.com and all the information appearing on it, including the website design, any type of information, including all verbal, visual, auditory, audiovisual content, such as text, images, sound, video, recorded video contents, in any media and on any end device, whether currently existing and/or will exist in the future and/or any combination thereof, including articles, papers, news, reviews, data, files, advice, analyses, recommendations, instructions, evaluations, and any other information or content in any format, as well as their design, processing, editing, distribution, and presentation method, including (but not limited to): any image, drawing, design, photo, illustration, animation, diagram, figure, simulation, sample, video, audio file, and music file; all software, file, computer code, application, format, protocol, database, interface, and any character, sign, symbol, and icon (hereinafter collectively “the content”) are protected by the copyright laws of Israel, international conventions, and the copyright laws of other countries.
- It is prohibited to make changes, copy, publish, sell, market, distribute, broadcast, display, perform, reproduce, issue a license, create derivative works, or sell any part of the content included on the website and in the video contents without the prior written consent of the company.
- All intellectual property rights related to the content and the website of any kind (whether registered rights or unregistered rights), including the domain name dsa.co.il, patents, trademarks, trade names, designs, copyrights, trade secrets, reputation, ‘Know How,’ methods, source code, binary code, commercial symbols, software, concepts, confidential information, service marks, databases, derivative works, discoveries, formulas, reputation, ideas, improvements, designs, information, innovations, inventions, knowledge, logos, market data, methods, moral rights, literary works, graphic files, technical information, presentation and design of the website, and any related issue or detail regarding the website, are the exclusive property of the company or a third party that has allowed the company to use them. The use of all these rights is permitted exclusively to the company (or additional third parties if they are licensed to do so).
- It is prohibited to copy, sell, reproduce, distribute, modify, display, create derivative works based on this content, or use it for any commercial, promotional, or public purpose without the prior written consent of the company.
- Without prejudice to the foregoing, the Company’s name and trademarks, including objects related to the Company’s reputation, such as (but not limited to): signs, logos, symbols, service marks, or any other object as they appear on the website, are the exclusive property of the company, and no use of them is allowed.
Limitation of Access to the Website and/or Changes to the Website
- The Company reserves the right to permit or deny Users’ access to the website at any time, at its sole discretion, and reserves the exclusive right to change or discontinue the operation of the website, in whole or in part, at any time and without notice.
- Without derogating from the above, the Company may cease the activity conducted on the website, in whole or in part, temporarily and/or permanently, at any time, without Users having any claim, right, and/or lawsuit in connection therewith.
- The Company may condition access to and/or use of the website, in whole or in part, on registration and/or payment, without Users having any claim, right, and/or lawsuit in connection therewith.
- Without derogating from the above, the website administration may close, suspend, or limit the User’s access to the website or its content for the following reasons:
- If the Website Administration determines that the User has violated the terms and conditions of the website and/or any specific regulations;
- If the Website Administration determines that the User has violated legal obligations, including the violation of copyright or intellectual property rights;
- If the Website Administration believes that the User has committed an illegal act;
- If the Website Administration believes that the User is operating from a country exposed to any sanctions;
- If the User has made threats against the company, its representatives, the company’s Users, or any other party connected to the company or on its behalf;
- To minimize any risk to the company or its representatives;
- For any other reason, at the sole discretion of the Website Administration.
Website Content
- The Website and the information appearing on it are offered to all Users and Website Customers as they are (AS-IS). The use of the website, end devices, and website services, including third-party content or accessing third-party websites, is done at the users’ sole and full responsibility. Users will have no claims and/or lawsuits against the website administration in connection with the use of the website or its content for any direct or indirect damage arising from such use or entry or from reliance on third-party content.
- The Website Administration strives to ensure that the information presented on the site is as accurate as possible. However, the website administration does not guarantee that the website is free from errors, inaccuracies, disruptions, or that the website or the server on which it is hosted is free of viruses or other harmful components.
- The Company does not guarantee that the Website (including, without limitation, third-party applications and website content) will meet the Users’ requirements, or that the service provided on the website will not be interrupted, will be provided without interruptions or disruptions, and/or will be immune from illegal access to the Company’s computers, damage, breakdowns, software failures, hardware failures, or communications failures, or that it will not be affected by any other reason, and the company shall not be responsible for any direct or indirect damage that may result, to the extent caused.
- The Website may include links to third-party websites that are not operated by the website administration. These links are provided solely for the convenience and information of Users. These links are not under the control of the website administration, and they do not monitor their content. If the website contains these links, it does not imply consent and/or responsibility by the website administration for the content appearing on the linked websites and/or serve as a guarantee of their reliability, timeliness, correctness, legality, and/or their privacy policies and terms of use. The company is not responsible for any consequences arising from the use of these websites and/or reliance on them and recommends that Users carefully read the terms of use and privacy policies of these websites, if available, and/or contact the owners of the linked websites for any claims or requests related to them.
Limitation Period
Without derogating from the provisions of these Terms of Use, Users acknowledge, agree, and confirm that the limitation period for any claim and/or demand against the website administration and/or third parties related to the use of the website by the Users shall be limited to a period of 6 months. Both parties agree to this limitation period as defined in Section 19 of the prescription Law, 1958.
Exclusive Jurisdiction and Applicable Law
- All usage of the Website and/or any claim, demand, or request arising from such use or any other matter related directly or indirectly to this website shall be governed solely by the laws of the State of Israel.
- The exclusive jurisdiction for any matter related to these terms and conditions and the use of the website shall rest with the courts in Tel Aviv – Jaffa (State of Israel). Customers of the company and/or the website shall have no claims, demands, or lawsuits against the company concerning the exclusive jurisdiction in Tel Aviv (State of Israel).
- A plaintiff who files a lawsuit in any court other than the one mentioned above agrees, by submitting the claim, to irrevocably consent to the deletion of the claim and/or its transfer to the competent court in Tel Aviv.
Miscellaneous
- The Terms of Use set forth above do not create and should not be interpreted as creating any partnership, joint venture, employer-employee relationship, agent, or representative relationship between the User and the website administration.
- If any provision of these Terms of Use is found to be illegal, void, or unenforceable for any reason, such provision shall be removed from the Terms of Use, and the removal of such provision shall not affect the legality and validity of the remaining provisions. In such a case, the existence of a similar enforceable provision shall be considered in place of the removed or void provision.
- These Terms of Use constitute the entire agreement between you and the website administration regarding the use of the website and replace any prior understanding or agreement, whether verbal or written, regarding the use of the website and its content. It is clarified that the use of masculine language in the Terms of Use is for convenience only and does not intend to harm or create any form of discrimination.
Contact Information
For any inquiries, questions, or requests, you are invited to contact the company’s customer service via the contact form on the website, by email: Marketing@dsa.co.il, or by phone: +972-3-5497368.