These Terms of Use (these “Terms“) shall govern your (“You“, “Your” or “user”) access and use of the website located at https://www.tammuz.com (the “Website“) an online resource for information related to B.Y.T Tammuz Family Ltd. (“We” or “Tammuz“) activities, products and services. By using or accessing the Website you agree to be bound by these Terms.
You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with Tammuz. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are a resident or from which you use the Website.
We may, in our sole discretion, refuse to offer our services to any person or entity. We further may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.
If you violate these Terms, Tammuz reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that Tammuz does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice in its sole discretion.
Services
Tammuz is an international surrogacy, fertility, and egg donation company, which offers a full range of comprehensive and guaranteed surrogacy and IVF services (“Services”). The Website is designed to provide essential information on Tammuz’ Services and to enable users to contact Tammuz regarding the Services.
Grant of License
Tammuz grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website. Use of the Website shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website is limited by these Terms, and, if you violate or if, at any point, you do not agree to these Terms, your license to use the Website shall immediately terminate, and you shall immediately refrain from using the Website.
Access to the Website
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Tammuz does not provide you with the equipment to access and/or use our Website. Tammuz cannot guarantee that the Website will always function without disruptions, delay or errors. Several factors may impact the quality of your communications and use of the Website and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. Tammuz takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).
Our Website is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Website for any commercial or competitive activity or purpose.
Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Website and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Website and/or the transmission of technical data exported from the country in which you reside. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, Tammuz and that you shall not act in bad faith in your use of the Website. If Tammuz determines that you have acted in bad faith and/or in violation of these Terms, or if Tammuz determines that your actions fall outside of reasonable community standards, Tammuz may, at its sole discretion, prohibit you from using the Website. You agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Intellectual Property Ownership
Without derogating from any other terms herein, Tammuz and/or its affiliates retain all rights in the Website and its materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Website Materials“). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website Materials without Tammuz’ explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Tammuz. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.
Tammuz and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or by accessing any of the Website Materials, or rights to any derivative works thereof.
Third Party Material
You may be able to access, review, display or use third party website, resources, content, information or links to other websites or resources (the “Third Party Materials“) via the Website. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Tammuz disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Website. You acknowledge and agree that Tammuz: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or Website on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Website. Your ability to access or link to Third Party Materials or a third party Website does not imply any endorsement by Tammuz of Third Party Materials or any such third party Website.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of Tammuz’ rights and remedies under these Terms and/or under law, Tammuz will be entitled, at its sole discretion, to immediately discontinue the Website or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Tammuz cannot grant permission to use third party content.
Communication Channels
The Website may provide communication channels such as blogs, forums, communities, or chat areas (collectively, “Communication Channels”) designed to enable the communication of users with each other and Tammuz. Tammuz is under no obligation to monitor these Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Tammuz may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Tammuz, and these communications should not be considered reviewed or approved by Tammuz. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Tammuz be liable for any activity within the Communication Channels.
Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Website, whether by email or otherwise (collectively, “Feedback“), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Tammuz is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Tammuz is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Privacy
Matters related to privacy are also governed by Tammuz’ Privacy Policy, available here {URL} (the “Privacy Policy”), which constitutes an integral part of these Terms by way of reference, and by using or accessing the Website you agree to be bound by its terms and conditions. Unless the context otherwise requires, all reference herein to these Terms, shall also include the Privacy Policy. We advise you to carefully read the Privacy Policy.
Disclaimers; Limitation of Liability; Indemnification
You acknowledge and agree that your use of or access to the Website and/or any materials and/or services, if any, offered by Tammuz shall be at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Website or any part thereof. To the fullest extent permitted by law, Tammuz, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
You agree that your use of the Website shall be at your sole risk. Tammuz makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any Third Party Materials and assumes no liability or responsibility for any:
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL TAMMUZ, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAMMUZ HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TAMMUZ SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. TAMMUZ’ LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$ 1.
The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by Tammuz.
You agree to indemnify and hold Tammuz, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
Notices
Notices to you may be made via the Website and/or e-mail. Tammuz may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that Tammuz provide as aforementioned satisfy any legal requirement that such communications be in writing.
General
By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Tammuz. Any claim or dispute between you and Tammuz that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. Tammuz reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND TAMMUZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any questions about these Terms of Use or any other issue regarding Tammuz or the Website please contact us at: [email protected]
Last update: 05/04/2021
All rights reserved, B.Y.T Tammuz Family Ltd.
These Terms of Use (“Terms”) constitute a legally binding agreement between B.Y.T. Tamuz Family Ltd. (“Tamuz”, the “Company”, “we”, or “us”) and you (“you”, “user”). By accessing the Tamuz website (the “Website”), you confirm that you have read and understood these Terms and that you accept and agree to be bound by them.
Tamuz provides surrogacy, egg donation, and fertility services to intended parents from Israel and around the world (the “Service”). The Website provides information about the Service and allows users to contact Tamuz regarding the Service and to schedule a meeting.
You confirm that you have read these Terms of Use (“Terms”) and that you agree to be bound by them. If you do not agree to any of the Terms below, we will not grant you access to the Website or our Services, and you must exit the Website and/or discontinue your use of it.
Tamuz reserves the right, at its sole discretion, to amend and modify these Terms at any time, and you agree to be bound by such amendments and modifications. You are responsible for reviewing these Terms from time to time.
In the event that Tamuz, at its sole discretion, determines that updates to the Terms constitute a material change, we may notify you of such changes through a notice published on the Website. Notwithstanding the above, we are not obligated to notify users of changes to the Terms of Use, and users should periodically visit this page to review the most current version.
Your continued use of the Website after any modification or amendment to these Terms constitutes your informed consent and acceptance of the updated Terms. All new and/or revised Terms shall take effect immediately upon publication and will apply to your use of the Website from that date onward, except for material changes, which may take effect 3 days after such change is made and identified as material.
If you do not agree to these Terms, your sole remedy is to cease using the Website.
Tamuz does not provide equipment for accessing and/or using the Website. Therefore, it is your responsibility to ensure that the computer you use—including, without limitation, a desktop computer, laptop, mobile phone, or any other electronic device—meets all the technical requirements necessary to access and use the Website.
You are responsible for all payments, expenses, fees, and similar charges imposed by third parties in connection with your access to and use of the Website (for example, charges by internet service providers or airtime charges).
Tamuz cannot guarantee that the Website will always operate without interruptions, delays, or errors. There are various factors that may affect the quality of communication and your use of the Website, potentially resulting in your inability to communicate, including, without limitation, your local network, firewall, internet service provider, the public internet, and your power supply.
Tamuz assumes no responsibility for any interruption, disruption, or delay caused by any issue or incompatibility in any of these factors or other factors beyond Tamuz’s control, including, without limitation, problems or delays arising from labor disputes, strikes, shutdowns, shortages or inability to obtain electricity, raw materials or equipment, war, terrorism, riots, or force majeure.
Subject to your compliance with these Terms and your adherence to them, Tamuz grants you a personal, limited, non-exclusive, and non-transferable right to access and use the Website. You hereby acknowledge that your right to access and use the Website is limited by these Terms, and that if you violate or at any time refuse to agree to any of these Terms, your right to access and use the Website will terminate immediately.
You represent and warrant that you have the full right and authority to use the Website and to be bound by these Terms. You agree to fully comply with these Terms and to adhere to all applicable local and international laws, regulations, statutes, and ordinances relevant to your use of the Website. Without limiting the foregoing, and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.
You undertake not to deceive or attempt to deceive Tamuz or other users, and not to act in bad faith in your use of the Website. If Tamuz determines that you have acted in bad faith and/or in violation of these Terms, or that your actions do not meet reasonable standards, Tamuz may, at its sole discretion, prohibit you from using the Website.
In addition to the above, and by way of example and not limitation, you agree that you will not:
Attempt to interfere with, hack into, or decipher transmissions to or from the Website’s servers.
Tamuz and/or its affiliated companies reserve all rights in the Website and the Service (including, without limitation, applications, software, designs, methods, graphics, text, information, images, video, audio, music, and other files, as well as their selection and arrangement) (collectively, the “Website Materials”). All Website Materials are protected by applicable copyright laws, product agreements, patents, trademarks, international conventions, and other laws protecting intellectual property and related proprietary rights.
You are prohibited, and you may not permit any third party, to adapt, reverse engineer, disassemble, decompile, copy, transfer, create derivative works, rent, sublicense, distribute, reproduce, frame, republish, scrape, download, display, transmit, upload, lease, or sell, in whole or in part, any of the Website Materials, or use them for any purpose other than use of the Website in accordance with these Terms, or otherwise use any Website Materials without the prior, express, written consent of Tamuz.
Any other use of copyrighted materials or trademarks, including any derivative use, requires the prior, express, written consent of Tamuz. Any reproduction or redistribution of materials not in accordance with these Terms is strictly prohibited and will result in termination of your account and may be subject to civil and criminal penalties.
You are not required to provide Tamuz with any feedback or suggestions regarding the Website or any of the Website Materials. However, if you do provide Tamuz with comments or suggestions for modification, correction, improvement, or enhancement of the Service or any Website Materials, then, subject to these Terms, you hereby grant Tamuz a non-exclusive, worldwide, irrevocable, royalty-free license, including the right to sublicense, to use and exploit such comments and suggestions in any manner Tamuz chooses, and to display, perform, copy, reproduce, create, use, sell, offer for sale, and otherwise distribute Tamuz’s and its sublicensees’ products and content that incorporate such comments or suggestions, in any form and through any medium, without attribution to the source of such comments or suggestions.
Any such feedback, suggestions, opinions, advice, or other information expressed by third parties on the Website represent their own views and not those of Tamuz. Such feedback, suggestions, opinions, advice, or other information should not be relied upon.
You agree that your use of the Website is at your sole responsibility and risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any actions or omissions made in reliance on the Services. To the fullest extent permitted by law, Tamuz, its shareholders, directors, officers, agents, contractors, partners, consultants, and/or employees shall bear no liability, whether express or implied, in connection with the Website and your use thereof.
It is emphasized that the information appearing on this Website may contain typographical errors, drafting errors, clerical mistakes, and the like, as well as errors caused by unauthorized intrusion. Tamuz shall not be responsible for any damage caused by such errors of any kind. Accordingly, Tamuz assumes no liability or responsibility for any:
Without limiting the foregoing, Tamuz, its shareholders, directors, officers, agents, contractors, partners, consultants, and/or employees shall in no event be liable to you or any third party for any special, direct, indirect, incidental, punitive, or consequential damages, including any loss of profits or loss of data, arising from your use of the Website or any other materials accessed, read, or downloaded through the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Tamuz has been advised of the possibility of such damages.
You may be able to access, review, display, or use third-party services, resources, content, information, or links to other websites or resources (“Third-Party Materials”) through the Website. Such Third-Party Materials are not under Tamuz’s control, and you acknowledge that you assume sole responsibility and all risks arising from accessing, using, or relying on such Third-Party Materials.
Tamuz shall not bear any liability to you as a result of your access to, use of, or reliance on Third-Party Materials through the Website. You acknowledge and agree that Tamuz:
By using the Website, you agree that the laws of the State of Israel, without regard to conflict of law principles and regardless of your location, shall govern these Terms and any dispute of any kind that may arise between you and Tamuz.
Any claim or dispute between you and Tamuz arising in whole or in part from your use of the Website shall be resolved exclusively by a competent court located in Tel Aviv, Israel, and no other courts shall have jurisdiction. You hereby consent and waive any objection regarding lack of personal jurisdiction or inconvenient forum with respect to the venue and jurisdiction of the courts in Tel Aviv, Israel.
Notwithstanding any contrary law or legislation, you agree that any claim or cause of action arising out of or related to the Services must be filed within one (1) year after such cause of action arises; otherwise, it shall be permanently barred.
Tamuz’s failure to enforce any provision of these Terms shall not constitute a waiver of any further enforcement of that provision or any other provision. If, for any reason, a court of competent jurisdiction determines that any provision of these Terms is invalid or unenforceable, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of these Terms shall remain in full force and effect.
These Terms constitute the entire and exclusive understanding between you and Tamuz regarding their subject matter and supersede all prior or contemporaneous proposals, agreements, communications, or understandings, whether written or oral, relating to such subject matter.
If you have any questions regarding these Terms of Use or any other matter related to the Website and the Service, please contact us at: [email protected]
Last updated: April 5, 2021.
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