TERMS OF SERVICE
Last Update: March 7 2019
These Terms of Service and the privacy terms included herein, (“Terms”) govern the access or use by you of LensFree’s Website (the “Website”) provided by LensFree Ltd. its subsidiaries and any of its affiliates (“LensFree”, “we,” “us” or “our”).
Unless otherwise agreed in writing, these Terms are determining your relationship with us, supersede any prior agreements or presentations and constitute the entire agreement between you and LensFree, in connection with your use of the Website. By accessing and using the Website, you are agreeing to these Terms, and thus establishing a contractual relationship between you and LensFree.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE OUR WEBSITE OR ANY INFORMATION CONTAINED HEREIN.
1. PROPRIETARY RIGHTS
As between LensFree and you, LensFree or its licensors own and reserve all rights, title and interests in and to the Website, the content therein and all hardware, software and other items used to provide the Website, other than the rights explicitly granted to you to use the Website in accordance with these Terms.
No title to or ownership of any proprietary rights related to the Website is transferred to you pursuant to these Terms and all rights not explicitly granted to you are reserved by LensFree. In the event that you provide comments, suggestions or recommendations to LensFree in connection with the Website (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Website) (collectively, “Feedback”), you hereby grant LensFree a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate to its Website any Feedback provided.
You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the Website; (ii) reproduce, modify, distribute, sell or lease any part of the Website; or (iii) reverse engineer or attempt to extract the source code of the Website, unless you have LensFree’s prior written permission to do so.
2. PRIVACY TERMS
As the Website intended to provide information to you about our services and products, it is generally does not involves collection of personal information.
However, we may gather statistical and aggregated information originating from our users which may be combined with additional non-identifiable information collected from other sources, regarding the use of the Website. This information will be anonymous and will not allow, by reasonable means, to identify – or to be attributed to – a specific user.
We will use this information for the purposes of internal research and development as well as for improving our Website and our services, and we also may share it with our business partners, affiliates or other third parties including advisors, advertisers and investors, for the purpose of conducting a general business analysis.
3. THIRD PARTIES` LINKS AND WEBSITES
The Website may contain links to third party websites and applications (e.g. google maps and social networks), that are not owned or controlled by us. We can not oversee these websites and applications, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third party websites and applications. In addition, we will not and cannot censor or edit the content of any third-party site.
4. NO WARRANTIES
THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LENSFREE MAKES NO – AND SPECIFICALLY DISCLAIMS ALL – REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS; OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT WHEN USING THE WEBSITE, YOU MAY FIND THAT ACTUAL CONDITIONS DIFFER FROM THE INFORMATION PROVIDED REGARDING OUR SERVICES OR ANY OTHER REPRSENTATIONS AND INFORMATION THAT IS DELIVERED TO YOU IN THE COURSE OF YOUR USE OF THE WEBSITE, SO EXERCISE YOUR INDEPENDENT JUDGEMENT.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LENSFREE, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR REVENUE), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF LENSFREE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF LENSFREE, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, RELATING TO THE WEBSITE WILL BE LIMITED TO THE GREATER OF USD 100 OR THE AMOUNT YOU PAID LENSFREE, IF ANY, IN THE LAST 12 MONTHS. THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
To the extent permitted by law, you will defend, indemnify and hold LensFree, its officers, employees, agents or suppliers harmless from any and all claims, demands, losses, liabilities and expenses (including costs and attorneys' fees) made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of any third party including without limitation any copyright, property, publicity or privacy right. LensFree reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify LensFree, and you agree to cooperate with our defense of such claims.
You agree not to settle any such claim without LensFree's prior written consent. LensFree will use reasonable efforts to notify you of any such claim or demand that is subject to your indemnification obligation.
The foregoing indemnification undertakings will survive any termination of these Terms or termination of your use of the Website
7. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the State of Israel, without giving effect to any conflict or choice of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts of Tel Aviv, Israel, with respect to this Terms or your use of the Website, and hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The above notwithstanding, LensFree may seek injunctive relief to preserve its rights or to enjoin a violation of these Terms, in any relevant jurisdiction.
8. WAIVER & SEVERABILITY
If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
9. ASSIGNMENT & TRANSFER
We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Website without our written permission.
10. CHANGES TO THESE TERMS
We may, at our discretion, change, revise or modify these Terms from time to time, and any such revision or modification shall take effect upon the posting of the modified or revised Terms.
You are solely responsible for checking the Terms for updates or changes, and we recommend you do so on an ongoing basis to ensure that you agree with its updated terms. You can easily discern if any changes have been made in the Terms by checking the “Last Updated” date at the top of the Terms.
Your continued use of our Website following the posting of changes to this Terms or receipt of notice, whichever occurs first, means that you accept those changes. If you do not agree with our changes to the Terms, you may not continue to access and use our Website.
11. CONTACT US
If you have any questions about these Terms, please contact us at