Terms & Conditions

 

This document provides the terms of use for “www.healtop.com” (“Website” or “Service”, interchangeably) and all its provisions constitute a binding agreement between "Hanoch Maskalchi LTD" (“The Company”) and the user (“You” (single) or “You” plural)).

For customer service, kindly use one of the following options:

Email address: [email protected]

Phone number: 1-844-743-2586 or 1-844-7HEALTOP

 

1)    Acceptance

BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE FOLLOWING TREMS OF USE, PLEASE CEASE USE OF THE WEBSITE IMMEDIATELY.

 

 

2)    Service

The Websiteis a commercial platform for selling products. The Company does not manufacture the products, nor does it provide any product warranties. Warranties, if any, are offered ONLY by the manufactures or the distributers, and NOT by The Company). For any question regarding warranties, kindly contact the manufacturer or distributor, according to the contact information that appears on the underlying product.  

SOME OF THE PRODUCTS OFFERED BY THE WEBSITE ARE HEALTH-RELATED.  THE COMPANY CANNOT AND DOES NOT GUARANTEE POSITIVE EFFECTS, LACK OF NEGATIVE EFFECTS, OR ANY EFFECTS, AS A RESULT OF USING SAID PRODUCTS. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY EFFECTS CAUSED (OR NOT CAUSED) BY THE PRODUCTS OFFERED BY THE WEBSITE, AND THE USE OF SAID PRODUCTS IS AT THE SOLE RESPONSIBLITY OF THE USERS. THE COMPANY ADVISES YOU TO COUNSEL A PHYSICIAN BEFORE USING ANY OF THE PRODUCTS.

The Website and all services provided in connection therewith are provided “AS-IS”. Any potential warranties are hereby disclaimed to the maximum extent allowed by law. You are responsible for reading the full item listing before purchasing it. When you place a purchase order, You enter into a binding contract between The Company and You to purchase the product.

In addition to charging for products purchased, The Company reserves the right to collect delivery fees and local taxes where applicable.

 

3)    Payment Methods

After selecting products for purchase, You will be asked to select a payment method. The Website accepts “PayPal” or credit cards (credit card clearing service by Z-Credit). By selecting a payment method, You agree to the terms of use associated with said payment services.

You also agree that The Company shall not be responsible or liable for:
(a) the quality of payment methods services; or

(b) Alleged violations of the terms of use or agreement between You and the payment service company (including, but not limited to, issues pertaining to billing or warranties).

You also agree that The Company shall not be responsible or liable in any way for loss or damage of any sort that You may incur as a result of using any of the payment services offered by the Website.

  

4)    License

The Company grants You a limited-use-by-scope and territory of the Service license ("The License"), which includes the non-transferable, non-assignable right to use the Service according to the Terms of Use. The License does not confer any intellectual property right, and said rights of The Company (including, among others, designs, features, graphics, interfaces and multimedia elements, trademarks and service marks) remain the property of The Company and The Company alone.

 

5)    Privacy

The Company respects your privacy, and provides the following privacy policy in order to help ensure your privacy is protected, and to assist you in making a well informed decision as to whether You want to use the Service offered by the Website. If You do not agree with the privacy policy terms, do not use the application.

Please read the full Privacy policy terms before using the Website.

 

6)    Website Usage

All rights reserved: You may not copy and/or duplicate and/or distribute and/or deliver any materials or parts thereof from this Websitewithout a written consent by The Company. Failure to act accordingly might constitute trademark or copyright infringements.

You are strictly forbidden from hacking and/or attempting to hack any part of the Website systems and/or its servers and/or its databases and-

a)    You may NOT overload and/or spam the system;

b)    You may NOT forge any attempt to access the system communication protocols;

c)     You may NOT sabotage the functionality of this Website and/or its servers and/or its databases.

The Company reserves the right to occasionally edit/modify the Website terms of use – without notifying and/or explaining its decisions. Please re-visit this page to stay up-to-date of any changes. Additionally-

a)    By accepting these terms of use, You agree that You will occasionally review the Website terms of use;

b)    By accepting these terms of use and continuing the use of the Website, You agree to the terms of use in force at the time of usage, even if they had changed since your last review.

The Company reserves the right to deny access from any user, due to harmful use of the Website or any other reason.

 

7)    Deleting/Reporting/Blocking Users

Deleting – The Company reserves the right to delete your Account for any reason it sees appropriate.

Blocking - The Company reserves the right to block Your Account for any reason it sees appropriate.         

Reporting – You have the option to report users or producers alleged wrongful actions by sending an email to [email protected]      

 

8)    Shipment and Delivery of products

All products will be delivered within 7 business days unless otherwise is stated at the site.

Shipment method will be by DHL or UPS or US Mail or any other shipping method that the Company will choose at a certain point. You will be charged for the cost of shipment as stated in the time of purchasing a product.  

 

9)    Replacements and Cancellations

Replacements

In the event You receive a defective product, or when the product does not match the product ordered, You may send said product to The Company, within 7 (Seven) Business days of receipt, along with a written notification to the company and an explanation as to the dissatisfaction. After examination, The Company will replace the product or fully refund payment, according to your choice. 

You will incur the costs associated with delivery of said products to the Company, whereas The Company will incur the delivery costs associated with delivering the product back to You.  

Cancellations

Any cancellation of an order includes, inter alia, in the time before shipping, after shipping and refusing to accept the delivery, shall be regulated by the Israeli "Consumer protection regulations (Cancellation of transaction) – 2010".  For products exceeding $15 in value, You may cancel the order within 14 days after receiving the product. The company will refund the amount You paid after receiving the product in its original package with a copy of the receipt. The Cancellation fee is the lower of $25 or 5% of the product's price.

The Company may charge Cancellation fees using the payment method used to place the order. 

You will need to pay for shipment of the returned product back to the company and then you will be entitled to get the refund as per this document.

THERE SHALL BE NO CANCELLATIONS AND NO REFUNDS FOR FOOD ADDITIVE PRODUCTS (Vitamins, Food Supplements, etc.).

 

10) Service Warranty Disclaimer

YOUR USE OF THE SERVICE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

 

SPECIFICALLY, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INACCURACIES OF THE SERVICE. THE COMPANY WILL DO ITS BEST FOR THE SERVICE TO FUNCTION WITHOUT ERRORS, BUT THE COMPANY SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LOSSES OR OTHER CLAIMS ARISING FROM MISTAKES WHILE USING THE SERVICE.  

 

SPECIFICALLY, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, INFRINGEMENTS OR DEMANDS ARISING IN CONNECTION WITH ANY ASPECT OF THE SERVICE, INCLDING, BUT NOT LIMITED TO, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, THEORETICAL (INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS OF ANY SORT) OR INCIDENTAL DAMAGES OR LOSSES OF ANY SORT.

 

SPECIFICALLY, THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OF ANY DETAILS PROVIDED BY MANUFACTURES OR DISTRIBUTERS OF THE PRODUCTS OFFERED ON THE WEBSITE. THE COMPANY DOES NOT MONITOR INFORMATION PUBLISHED BY MANUFACTURES AND DISTRIBUTERS ON A DAILY BASIS, AND ANY INTENTIONAL OR INADVERTENT INACCURACIES, WHETHER PUBLISHED ON THE WEBSITE AS PART OF A PRODUCT PAGE OR IN ANY OTHER MANNER, SHALL NOT BE WITHIN THE COMPANY'S RESPONSIBILITY.

 

SPECIFICALLY, THE COMPANY SHALL NOT BE RESPONSIBLE OT LIABLE FOR ANY CLAIMS PERTAINING TO USAGE OF THE PAYMENT SERVICES (“PAYPAL” AND CERDIT CARDS) OR ANY INACCURACIES ASSOCIATED WITH IT. THE ACTIONS OF BOTH PAYMENT SERVICES ARE NEITHER CONTROLLED NOR SUPERVISED BY THE COMPANY, AND THE COMPANY WILL THEREFORE NOT BE RESPONSIBLE OR LIABLE FOR ANY OF THEIR ACTIONS (INCLUDING ANY USAGE MADE BY THEM OR BY THIRD PARTIES OF USERS' CREDIT CARD OR PAYPAL ACCOUNT DETAILS WITHOUT THE PERMISSION OF ITS OWNER/S.) THE COMPANY WILL DO ITS BEST TO ENSURE THAT THE PAYMENT SERIVCES OPERATE WITHOUT ERRORS. NEVERTHELESS, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, LOSSES OR OTHER CLAIMS ARISING FROM MISTAKES WHILE USING THE PAYMENT SERVICE.

 

11) Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OTHER AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY-

a)    ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

b)    PERSONAL INJURIES OR PROPERTY DAMAGES, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO THE WEBSITE OR THE PURCHASE AND USAGE OF PRODUCTS SOLD THERE;

c)     ANY UNAUTHORIZED ACCESS TO THE WEBSITE SECURE SERVERS OR ANY UNAUTHORIZED USAGE OF PERSONAL INFORMATION STORED THERE OR ELSEWHERE;

d)    ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE SERVERS;

e)    ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKES, TRANSMITTED BY ANY THIRD PARTIES, TO OR THROUGH THE WEBSITE SERVICE;

f)     ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED AS A RESULT OF YOUR USAGE OF ANY CONTENT MADE AVAILABLE VIA OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

g)    THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION (UNDER THE GENERAL ARTICLE);

h)    ANY FORBIDDEN PUBLICATIONS OF YOU OR ABOUT OTHER USERS PUBLISHED BY YOU OR BY OTHER USERS, INTENTIONALY OR UNINTENTIONALY;

i)     ANY ACTIONS TAKEN DUE TO THE BLOCKING OR REPORTING OF PRODUCT PRODUCERS, DISTRIBUTERS OR USERS BY YOU;

j)      PACKAGES REFUSED OR HELD BY CUSTOMS FOR DELIVERY.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY OTHER ACTIONS, LEGEAL OR OTHER, BY ANY THIRD PARTIES (WHETHER MENTIONED IN THESE TERMS OF USE OR NOT) AND THAT THE RISK OF HARM OR DAMAGE ARISING FROM SUCH ACTIONS RESTS ENTIRELY UPON YOU.

12) Indemnity

You agree to defend, indemnify and hold The Company harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any aspect of your use (or abuse) and access to the Service; or any violation of these Terms and Conditions; or any third party claims with respect to the same.

 

13) No Waiver

The Company maintains its right to choose the necessary means in which it chooses to act upon any violation/breach of the terms of use and that by not doing so The Company does not grant a waiver of any kind. 

 

14) Ability to Accept Terms of Use

You hereby affirm that You are over 16 years old, and fully able and competent to understand and enter into the terms, obligations, conditions, restrictions and warranties set forth in these terms of use. If You are less than 16 years old, You are not permitted to use this Service.

 

15) Modifications, Malfunctions and Termination of Service

Considering everything written in this document, You need to keep in mind that the Company is not (and cannot) be held responsible for the availability of this Service and/or for keeping the Service operational, as this Service is hosted by a third party and is subject to risks that do not depend on it (e.g. communication failures, database errors and deletions, hacking, terminations, etc.)

The Company reserves the rights to change its service provider and/or hosting services at any time and without the need to publicize this fact or explain their decision.

The Company reserves the rights to perform any kind of modifications to the Service and/or Service structure, user interface, graphics, presented content, back-end, scope or availability of service at any time it wishes to and without the need to notify or explain its actions and/or decisions. Said modifications might cause temporarily service loss, data loss, errors and inconvenience. By accepting the terms of use, You agree and declare that You will not have any complaints or claims against The Company because of these actions.

The Company reserves the right to terminate the Service operation and/or sell the Service and/or close the Service operation altogether and/or transfer the ownership of the Service to other owners at any time they so wish, subject to their sole discretion and without the need to publish or explain their decisions. By accepting the terms of use You understand that performing any of the actions described above might cause data loss.

 

16) General

You agree that all the terms are binding with consideration to all copyright laws and rules under the Israeli law, American laws and other applicable international laws, conventions, treaties and agreements. 

You agree that-

a)    The Service shall be deemed solely based in Israel and any issue of dispute with respect to it shall be solely governed and resolved in accordance with the laws of the State of Israel. Therefore, any use of the Service, out of the Israeli jurisdiction is at your sole responsibility;

b)     The competent courts in Tel-Aviv, Israel, shall have sole jurisdiction with respect to any issue or dispute arising in connection therewith;

c)     Any cause of action not commenced by any party hereunder shall be permanently time-barred one (1) year after it accrues.

d)    The Website is operating 24/7, 365 days in a year, with the exception of the Jewish Yom Kippur.

 

Date of last modification: 7.10.2015