YuviTal org default terms and conditions
WELCOME TO UVTAL’S SERVICE!
These terms and conditions (“Terms and Conditions”) is a legally binding agreement between you, the user that will be utilizing UVTal’s website and/or application (referenced below as “You” or “User(s)”), and UVTal Health Ltd., a company duly incorporated under the laws of the state of Israel, its subsidiaries and affiliates (“UVTal” or “We”), with respect to the use of the UVTal’s website (the “Website”) and/or the “YuviTal Org” application (the “App”, and together, the “Service”).
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS AND USE ANY PART OF THE WEBSITE, APP AND SERVICE.
- THE SERVICE
The Service offers a solution, designed to promote an active and healthy lifestyle by providing incentives, discounts and other benefits (collectively, “Benefits”), such as virtual game currencies and bonus vouchers to Users, exercisable in various businesses and establishments (the “Establishments”) for the purpose of purchasing tangible and other products, and/or services. The Service monitors, examines and evaluates the User’s physical activity, including without limitation, counting the User’s footsteps, heart rate, sleeping hours and other physical activities, for the accomplishments of different achievements (the “Achievements”), and enables the User to convert such Achievements into Benefits, in accordance with the User’s selection and for the limited period of time indicated next to such selection, if any.
The Achievements, Benefits and Establishments may change from time to time, at UVTal’s sole discretion, the updated list of those may be found in the App. Notices about Achievements, Benefits and Establishments may be sent to Users via e-mail, as detailed hereinabove. E-mails may be sent to the User, among other things, on the basis of analysis of his physical activity, health evaluation, purchases made, his preferences and fields of interest, etc.
It is hereby clarified for the avoidance of any doubt, UVTal and/or anyone on its behalf bear no responsibility of any kind or type for any matter related directly or indirectly to the communications and/or transactions between a User and any of the Establishments, the quality of products and services purchased by the User and/or their nature and/or their good working order, and the User waives any demand and/or claim and/or suit against UVTal and/or anyone on its behalf in this matter.
- As a condition to using all or some aspects of the Service, Users may be required to register to the Service and create a user account. Your user account may give You access to the Service, any part thereof, including the App, your User Content and any other functions that UVTal may establish and maintain from time to time, at its sole discretion.
- As part of the registration process, You may be required to provide UVTal certain personal information (including, name, phone number, e-mail address, etc.) and select a password. You shall provide UVTal with accurate, complete, and updated registration information, in compliance with all applicable laws, rules and regulations, and may not (i) impersonate to another person; (ii) use as a user name a name subject to any rights of another person or entity without appropriate authorization; or (iii) use another User’s account without permission.
- UVTal reserves the right to refuse User’s registration or to block User’s access to the Service, at its sole discretion. The User is solely responsible for the activity that occurs on his/her/its account, and must keep his/her/its account credentials secured. The User must notify UVTal immediately of any breach of security or unauthorized use of his/her/its account. UVTal will not be liable for your losses caused by any unauthorized use of your account, however, You may be liable for the losses of UVTal or others due to such unauthorized use.
- UVTAL INTELLECTUAL PROPERTY AND LICENSE
- UVTal retains all right, title, and interest in and to the Service (including all related intellectual property rights in the Website or App). Subject to these Terms and Conditions, UVTal hereby grants You a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Service, provided that You will not alter or modify any part of the Service, other than as may be reasonably necessary to use the Service for its intended purpose. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by UVTal with respect to the Service, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
- All photos, illustrations, drawings, animations, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, the “look and feel” of the Website, App and Service, algorithms, source and object code, interface, graphic user interface, and other features obtained from or through the Service as well as any other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by UVTal or any third party on its behalf to the Service (other than User Content, as defined below), are the sole property of UVTal and/or their licensors (“UVTal’s Content”), and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of UVTal or any relevant third party. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, UVTal’s Content or any part thereof.
- USER CONTENT
- You may upload, post, publish, provide, display, share and otherwise transfer or make available to third parties through the use of the Service data, metadata, information, files and other Content, including any modifications, improvements, revisions, extensions and additions thereto (“User Content”). You hereby represent and warrant that You own or have all the necessary license, rights, consents, approvals, and permissions to use, and authorize UVTal and other third parties, to use, exploit, publish, provide, copy, download, store, share, distribute and transfer the User Content, and share, publish, distribute in the manner contemplated hereunder, all without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party.
- You hereby grant to UVTal an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to use, copy, download, store, share, publish, reproduce, distribute and display your User Content in the manner contemplated hereunder, and to allow others to do so in order to provide or enable the Service.
- You warrant and undertake that You shall be solely responsible for any User Content that You upload, post, publish, provide, display, share and otherwise transfer via the Service and for any damage or loss to any other third party resulting therefrom, and You shall assume all risk in connection therewith.
- UVTal takes no responsibility and assumes no liability for, and makes no guarantees or warranties to, the accuracy, validity, legal status, usefulness, safety, or intellectual property rights of, any User Content that You or any other User or third party post or transfer over the Service, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against UVTal with respect thereto.
- PROHIBITED USE
- You hereby warrant, represent and undertake that You will not, and will not permit or authorize third parties to: (a) use the Service in any way that: (i) is defamatory, abusive, harassing, threatening, racially, or constitute an invasion of a right to privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (ii) infringes, violates, misuse or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (iii) is illegal or encourages or advocates illegal activity; (b) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (c) use any equipment, software or other item that contains viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Service or any system, computer software, hardware or telecommunications equipment; (d) create a false identity or impersonate another person; (e) “stalk” or otherwise harass another or use any means that is antisocial, disruptive, or destructive, including “flaming“, “spamming“, “flooding“, “trolling“, and “griefing“ as those terms are commonly understood and used on the Internet; or (f) violate these Terms and Conditions and any applicable local, state, national or international law or regulation.
- In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the Service; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Service, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Service or any part thereof; (d) modify, reproduce, or create derivative works from the Service or any part thereof; (e) access the Service or UVTal’s facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (d) use the Service in any manner that is illegal or not authorized by these Terms and Conditions.
- You hereby warrant that You have the authority to enter into these Terms and Conditions, and that your use of the Service on behalf of any third party is authorized by such third party. If You learn of an unauthorized use of the Service by a third party we encourage You to notify us via e-mail (at: [email protected]).
- If You send UVTal feedbacks or suggestions regarding the Service, You acknowledge that UVTal may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
- You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Service, and for any fees charged by third parties in connection therewith, and UVTal shall have no responsibility or obligation in connection therewith.
- UVTal may (i) change, suspend or discontinue the Service (or any part thereof, including the App) at any time, including the availability of any feature, content or database, without notice or liability; (ii) offer alternative and/or additional website or services to certain Users, that may not be offered to other Users. You acknowledge that UVTal may charge a fee for the use of any website or service, provided that UVTal notifies You of any such fee before You incur it. In addition, UVTal may impose limits on certain features or restrict your access to the Service (or any part thereof) without notice or liability.
- We welcome links to any page on our Website and to the App. You are free to establish a hypertext link so long as the link does not state or imply any connection or approval of your website, products and/or services by UVTal, and does not portray UVTal in a false or otherwise offensive manner. However, we do not permit framing or inline linking. In addition, You may not link to our Website or App from a site that you do not own or have permission to use. In the event that you link to UVTal’s Website or App you represent that your site does not contain content that is unlawful, offensive or infringing third parties’ rights.
UVTal may terminate or suspend your license, account and access to the Service (or any part thereof) immediately, without prior notice or liability, if You breach, or fail to comply with, any of the Terms and Conditions hereof. UVTal may also terminate a User’s access to the Service, if such User is determined to be a repeat infringer, or for any or no reason. A repeat infringer is a User who has been notified of infringing activity more than once. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to UVTal.
- WARRANTY AND DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. SUBJECT TO APPLICABLE LAW AND TO THE PROVISIONS OF THESE TERMS AND CONDITIONS, THE SERVICE IS SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. UVTAL DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. UVTAL MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE CONTENT, THE PRODCUTS AND SERVICES BY THE ESTHABLISHMENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY OR REPRESENTATION PROVIDED DIRECTLY BY AN ESTABLISHMENT.
- LIMITATION OF LIABILITY
- IN NO EVENT SHALL UVTAL, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER UVTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF UVTAL AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED OR IN CONNECTION TO YOUR USE OF THE SERVICE EXCEED THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO UVTAL FOR THE SERVICE WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.
- WITHOUT DEROGATING FROM THE FOREGOING, UVTAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN IN ANY CONTENT OR USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
Upon its first demand, You agree to defend, indemnify and hold UVTal, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) arising from and/or caused due to: (i) your use, misuse of, inability to use and/or activities in connection with the Service and/or Content; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any User or third party rights, including without limitation privacy right, copyright or any other intellectual property rights of such User or third party; (iv) any user generated content, including without limitation, User Content and any feedbacks or suggestions of UVTal’s Service that You uploaded through the use of the Service; and (v) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms and Conditions.
Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by You, which will not excuse your indemnity obligations hereunder and in which event You will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by You without first obtaining our prior express written approval.
- REPORTING OF INTELLECTUAL PROPERTY INFRINGEMENTS
If You believe in good faith that any material or Content made available on or through the Service, including the User Content, has been used or exploited in a manner that infringes or violates any of your rights, please send us prompt written notice thereof via e-mail (at: [email protected]).
- These Terms and Conditions and its performance shall be governed by and construed and enforced in accordance with the laws of the State of Israel, without regard to principles of conflicts of law or any provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the authorized courts of Tel Aviv – Jaffa district.
- UVTal reserves the right to update these Terms and Conditions from time to time, with or without notice. If so, UVTal will post its updated Terms and Conditions on the Website, App or Service, as applicable. Your continued use of our Service will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Service. If You do not cease using the Service, You will be deemed to have accepted those modifications.
- UVTal may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.
- These Terms and Conditions will also govern any future upgrades or updates or new releases provided by UVTal in connection with the Service, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
- In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
- The failure of UVTal to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by UVTal in writing.
- If You have any questions or queries about these Terms and Conditions or our Website, App or Service in general, please do not hesitate to contact us via e-mail at: [email protected].
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
- DATA AND PERSONAL INFORMATION WE COLLECT
- Personal Information – We may collect information that is unique to You and can be used to contact or identify You. The personal information types are collected in accordance with your use and may include: (a) Your name; (b) physical and e-mail addresses; (c) Phone number; and (d) Date of birth; (e) Profile image (in case the user uploads it); (f) medical and treatment history, use of medications, appointments and health workshops attendance, tests results and other personally identifiable information (“Personal Information”).
In addition, We may collect and monitor information regarding your physical activity and health status which is available, inter alia, through the use of your device, including without limitation, footsteps counter, pulse or heart rate, blood pressure, etc. Additionally, We may acquire information from You through: (a) The contents of your customer service requests; and (b) The contents of any feedbacks or suggestions to the Website or Service that You uploaded through the use of the Service.
We collect such Personal Information from You when You voluntarily provide such Personal Information to Us and via the use of the Service by You.
For the avoidance of all doubt, any other non-personal information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.
Cookies are small text files containing strings of information that are locally stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize you and remember important information that will make your use of a website more convenient (e.g. by remembering your user preferences).
You may adjust your browser or operating system settings to limit this tracking or to decline Cookies, but by doing so, You may not be able to use certain features on the Website or Service or take full advantage of all of Our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. Note that Our system may not recognize some or all Do Not Track headers from browsers.
- HOW DO WE USE YOUR INFORMATION
We may use the information and data collected by Us for the same purpose the information was provided to Us and in connection with the reason for which it was provided, including in order to:
- Provide You with access to the Service, or any functionality thereof, including for purposes of improving the quality of the Service by formulating, customizing and enhancing the User’s experience;
- Respond to your e-mails, submissions, questions, comments, requests, and complaints and provide You with customer service, technical assistance and support, subject to Our sole consideration and internal policies;
- send You confirmations, updates, security alerts, support and administrative messages and otherwise facilitate your use of, and Our administration and operation of, the Service;
- Monitor and analyze usage and trends, and to personalize and improve the Website or Service, and prevent fraud.
We are committed to protecting your privacy and will not share or disclose information about You, unless otherwise permitted according to the following terms:
- We may share your information with third party companies and individuals that provide Us with a variety of services, including without limitation, health maintenance organizations and other healthcare institutes. These trusted third parties may have access to your information, to the extent it is reasonably necessary for them in order to perform their tasks pertaining to their engagement with Us;
- We may share your information in order to facilitate the provision of software updates, product support and other services to You (if any);
- For the purpose of analysis and statistics, provided that such disclosure is done anonymously and is non personal identifiable;
- If required to do so by law, or in the good-faith belief, that (i) disclosing such information is necessary to comply with any law or respond to any court order, search warrant or equivalent, or where in reasonable belief an action is needed in order to protect the personal safety of any individual; and (ii) such disclosure is appropriate or necessary in order to enforce Our Terms and Conditions, take precautions against liabilities, investigate and defend ourselves against any third party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, App, Service and servers and protect Our rights and property.
All information described above may be stored on database servers. We will take commercially reasonable measures in providing secure transmission of your Personal Information before it is transferred across the internet from your system to Our servers and in securing such Personal Information stored on Our systems. However, You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart Our security systems. As a result, We cannot ensure or warrant the security and privacy of your Personal Information or other content You transmit using the Service, and You do so at your own risk. We encourage You to exercise discretion regarding the Personal Information You choose to disclose.
- USE OF THE SERVICE BY CHILDREN
Children under the age of 13 may NOT provide Us with any personal information. If a parent believes that his or her child has submitted personal information to Us (including, e.g., a name, address, telephone number or email address), he or she can contact Us via e-mail at: [email protected], and We will promptly delete the information upon learning that it relates to a child under the age of 13.
- OTHER WEBSITES AND SERVICES
- DELETION OR MODIFICATION OF PERSONAL INFORMATION
If for any reason You wish to delete or modify your Personal Information You can do so within the settings of your account. In the event that You wish to modify, cancel or opt-out of your account You may close your account using the settings or You can send Us an e-mail with your request to: [email protected] and We will make reasonable efforts to modify or delete any such Personal Information within 30 days and pursuant to any applicable privacy laws. Note that unless You instruct Us otherwise We may retain and use your Personal Information after termination of Your account, for as long as reasonably required for the purposes of which such Personal Information was collected, including without limitation, for future analytics and analysis, in order to comply with Our legal or business requirements or obligations, to resolve disputes, to enforce Our Terms and Conditions and/or to enable the User to reinstate his/her account, all as permitted under any applicable privacy laws. Notwithstanding the foregoing, Personal Information may be kept by Us for a period exceeding 30 days if it is required to do so to satisfy any applicable law, regulation, legal process, subpoena or governmental request.
Aggregate and/or anonymous information derived from your user account, User Content and/or usage of the Service, including without limitation any metadata, may remain on Our servers indefinitely.
Open Source Credits
└─ [email protected]
├─ licenses: Custom: https://github.com/mercadolibre/flexbuffer-node/blob/master/test/tests.js
├─ repository: https://github.com/mercadolibre/flexbuffer-node
├─ [email protected]
│ ├─ licenses: LGPL-2.1+
│ ├─ repository: https://github.com/aadsm/jschardet
│ ├─ publisher: António Afonso
├─ [email protected]
│ ├─ licenses: Custom: https://github.com/facebook/react-native
│ ├─ repository: https://github.com/facebook/metro-bundler
├─ [email protected]
│ ├─ licenses: (MIT AND CC-BY-3.0)
│ ├─ repository: https://github.com/kemitchell/spdx-expression-parse.js
│ ├─ publisher: Kyle E. Mitchell
│ ├─ url: http://kemitchell.com
└─ [email protected]
├─ licenses: LGPL
├─ repository: https://github.com/jindw/xmldom
├─ publisher: jindw
├─ email: [email protected]
├─ url: http://www.xidea.org