Terms of Use

  1. Terms of use  

    Welcome to www.oconmed.com (the “Website”). OCON Medical is owned and operated by OCON Medical Ltd. (“OCON Medical”). Please read carefully the following terms and conditions (the “Terms”, or the “Terms of Use”). By using the Website, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Website.   THE CONTENT ON THE WEBSITE (THE “CONTENT”) INCLUDES DESCRIPTIONS CHARACTERISTICS AND QUALITIES OF OCON MEDICAL’S PRODUCTS. THE CONTENT IS MADE AVAILABLE FOR GENERAL INFORMATIVE PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.  

    OCON Medical urges you to consult with a qualified physician for diagnosis, medical opinion and for answers to your personal questions. OCON Medical does not provide medical advice, or diagnostic services.  

    Any reliance upon content or information obtained through this Website is solely at the user’s own risk. OCON Medical does not practice medicine and does not recommend the specific use of its devices or of medical techniques that are presented on this Website or any other medical treatment for any particular patient. The clinician who performs any procedure is responsible for determining and utilizing the appropriate techniques for medical procedures in each individual patient. OCON Medical is not responsible for the selection of the appropriate medical technique to be utilized for an individual patient.   If you breach any of these Terms, your authorization to use this Website automatically terminates.  

  2. Acceptable use of the Website  

    The Website provides information related to OCON Medical’s products and applications. Subject to the Terms of Use, you may access the Website and use the services provided therein (the “Services”).   You agree to abide by all applicable local and international laws, regulations and rules, including any and all laws, rules and regulation pertaining to medical and healthcare Content. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Website.   When using the Website, You agree to refrain from willfully, or carelessly

    - breaching the Terms or any other applicable rules and instructions that OCON Medical may convey with respect to the use of the Website;
    - interfering with or disrupting the functionality of the Website;
    - downloading of any materials contained in this Website, including for non-commercial internal use;
    - circumventing or manipulating the operation, or functionality of the Services;
    - using robots, crawlers and similar applications to collect and compile Content from the Website, for the purposes of competing with OCON Medical, or in such ways that might impair or disrupt the Website’s functionality;
    - displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements on the Website, such as images, independently from the web pages on which they originally appear;
    - impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity, when you contact us;
    - modifying the materials on this Website in any way or reproducing or publicly displaying, performing, distributing or otherwise using them for any purpose, without the express written permission of OCON Medical;
    - using any of this Website’s materials on any other website or networked computer environment for any purpose. 
     

  3. Links to other sites  

    The Website may contain links to content on other websites. OCON Medical does not operate, or monitor these websites and contents. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, OCON Medical does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality, or guarantee the products, services, or information described or offered at these other websites. OCON Medical assumes no responsibility or liability for such third party websites or contents, or their availability.  


  4. Privacy Policy | Communications to the Website  

    OCON Medical respects your privacy. Any material, information or other communication the users transmit or post to this Website (the “Communications”) will be considered non-confidential and non-proprietary and will become and remain the property of OCON Medical. OCON Medical or any of its affiliates, may use such communication, information or material for any purpose whatsoever. OCON Medical will have no obligations with respect to the Communications.  

    OCON Medical reserves the right to edit or delete any material posted on the Website, at its sole discretion.  

    OCON Medical does not assume any responsibility for the use or misuse of patient information or other information transmitted, monitored received or stored at the Website. Any response given to inquiries will be for informational and educational purposes only and should not be interpreted as diagnostic, treatment or medical advice of any type.  

    OCON Medical does not knowingly collect your personally identifiable information without your consent. When you register to receive news and announcements from the Website, OCON Medical may ask you to provide it with personal details such as your name and e-mail address.  

    OCON Medical may collect further information when you use any of the Services. For example, OCON Medical may record the frequency and scope of your use of the Services, the duration of your sessions, the web pages that you visit, information that you read, content that you use, your communications with others through the Website, the Internet protocol (IP) address and the name of the domain that serve you to access the Website, and the geographic location of the computer system that you are using to access the Website. OCON Medical may automatically gather this information, through the use of log files. If you are a registered user of the Website, the information OCON Medical gathers may be anonymous or in some instances personally identifiable. If you are not a registered user, than OCON Medical will not knowingly make use of any information which personally identifies you, except as specifically indicated in the policy. Further information may be collected when OCON Medical exchanges communications with you, for example, if you submit a request to OCON Medical at info@oconmed.com. OCON Medical may collect certain types of information about you and your activities, including your Internet Protocol (IP) address; computer and connection information such as operating system, platform, browser type, version and time zone setting; registration history; cookie number; Uniform Resource Locator (URL) clickstream to, through and from our Website including date and time; and the products or services you viewed or searched for.  

    OCON Medical may use personally identifiable information for the following purposes only:
    - to provide you with support and handle complaints;
    - to provide you with the Services and to enable you to use them; to improve and customize your experience with the Services; to enable the development and improvement of the Services;
    - to provide support, assistance and updates and to handle inquiries and complaints;
    - to facilitate communication between you and OCON Medical, and between you and others;
    - to enforce the Terms of Use;
    - to contact you as and when OCON Medical believes it to be necessary;
    - to comply with any applicable law and assist law enforcement agencies as required;
    - to prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Services;
    - to take any action in any case of dispute, or legal proceeding of any kind between you and OCON Medical, or between you and other users or third parties with respect to the Services;
    - to transmit or transfer your personal information to locations other than your place of residence, as OCON Medical may deem necessary;
    - to send you updates, news, announcements, to provide you with information pertaining to the Services and to provide you with further marketing and advertising material, subject to your prior indication of consent on the Website. At any time you may opt out of OCON Medical’s mailing lists, by sending OCON Medical a request at info@oconmend.com to cease sending you such materials. In any case, OCON Medical will not share your personal identifiable details with any advertisers, without your explicit consent;
    - for any other purpose stipulated in this policy, or in the Terms of Service.  

    OCON Medical reserves the right at all times to review retain and disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request. However, by doing so OCON Medical does not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such communications.  

    OCON Medical implements systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although OCON Medical takes great efforts to protect your privacy, it does not guarantee and you cannot reasonably expect that the Website and OCON Medical’s databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse, or that your private communications on or through the Website will remain private.  


  5. Correction of errors  

    OCON Medical puts great effort in ensuring the reliability of facts and details that it posts on the Website. However, errors may sometimes occur. If you think that any information or publication that OCON Medical has posted on the Website is erroneous, please inform OCON Medical at info@oconmend.com.  


  6. Intellectual property  

    All rights, title and interest in and to the Website, including patents, copyrights, proprietary notices, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by OCON Medical and no license is granted to any of the foregoing. Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Content on the Website, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in the Terms.   You may not modify, adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of OCON Medical’s trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish OCON Medical’s goodwill. You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Content. You agree to retain and avoid distorting such signs and notices in any copy thereof.  


  7. Changes in the Website  

    OCON Medical may from time to time change the Website’s layout, design or display, as well as the scope and availability of the Content and Services, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that OCON Medical does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.  


  8. Website and service availability  

    The availability and functionality of the Website depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. OCON Medical does not warrant or guarantee that the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.  


  9. Termination of operation  

    OCON Medical may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. OCON Medical may not give any notice prior to the termination of The Website. At any time, OCON Medical may block, remove or delete any content from the Website, without maintaining any backup copy. You agree and acknowledge that OCON Medical does not assume any responsibility with respect to, or in connection with the termination of the Website’s operations and loss of any data as a result.  

  10. Amendments to the Terms  

    OCON Medical may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after OCON Medical has posted an initial notification on the Website’s homepage or any other relevant web pages on the Website, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Website, unless OCON Medical amends the Terms to comply with legal requirements. In such cases the amendments will become effective as required, or ordered.   You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website or any of the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.
     
  11. DISCLAIMER OF WARRANTY  

    THE WEBSITE IS PROVIDED FOR USE AS IS. OCON MEDICAL DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE WEBSITE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. OCON MEDICAL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.  


  12. LIMITATION OF LIABILITY  

    OCON MEDICAL, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY OCON MEDICAL’S STAFF OR ANYONE ACTING ON OCON MEDICAL’S BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS.  

  13. Indemnification  

    You agree to indemnify, defend and hold harmless, OCON Medical and its managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on OCON Medical’s behalf, at your own expense and immediately after receiving a written notice from OCON Medical, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, the Content that you post on the Website, any communications that you convey through the Website, or your breach of the Terms, or any other terms, rules or regulations applicable to the Website, or your violation, or infringement of other persons rights.  

  14. Governing Law, Jurisdiction  

    The Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any choice of law or conflict of law rules or provisions of the State of Israel or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of Israel.   You agree to resolve any dispute or claim that you may have against OCON Medical and to submit to personal jurisdiction in the exclusive jurisdiction of state and courts in the city of Tel-Aviv, Israel.
     
  15. Notices  

    In case you have requested to be on OCON Medical’s mailing list, OCON Medical may contact you and send you notice via e-mail and regular mail. If you have any question related to the Website, the Content and/or Services, you may contact OCON Medical by using the ‘contact us’ link on the Website, or by using OCON Medical’s contact details hereunder. OCON Medical reserves the right to publish in public – including on the Website - any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between you and OCON Medical will be deemed as received after one business day.   OCON Medical’s contact details: OCON Medical Ltd. POBox 552, Modiin 7171801, Israel info@oconmed.com Tel: +972 72 21 50 105  Fax: +972 72 21 50 400  


  16. General  

    The Terms of Use constitute the entire agreement between you and OCON Medical with respect to the use of the Website and supersede any and all other agreements. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, shall be effective unless consented to explicitly and executed in writing by OCON Medical’s authorized representative. The Terms of Use shall take precedence over all documents, forms and policies incorporated thereto, which may conflict with the Terms of Use, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the Terms of Use.  

    Failure on OCON Medical part to demand performance of any provision in the Terms shall not constitute a waiver of any of OCON Medical’s rights under the Terms. The United Nations Convention on Contracts for the international Sale of Goods shall not govern the Terms.  


  17. Changes in Ownership  

    OCON Medical may incorporate the Website as a separate company or transfer ownerships rights and title in the Website, to a third party, provided that your rights according to the Terms are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you, that may have been given to OCON Medical during your use of the Website, will be passed on to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.  

  18. No Assignment  

    Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you shall be null and void without OCON Medical’s prior explicit consent in writing.  

  19. Interpretation  

    The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms. “Including”, whether capitalized or not, means without limitation.  

  20. Severability  

    If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.  

  21. Survival  

    The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.  

SCu300A, SCu300B, SCu300C, IUB, OCON, the OCON logo and SPHERA are trademarks of OCON Medical Ltd
OCON products are not yet approved for sale in the United States. IUB SCu300C: CE mark pending.