terms of use

Last Updated: 04.2021

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE PLACING AN ORDER ONLINE, OR OTHERWISE USING THIS WEBSITE.

This website (hereinafter, the “Website”) is owned and operated by Home Skinovations Ltd. Or its affiliated companies or subsidiaries (hereinafter the “Company”, “us”, “we” or “our”). These Terms of Use and Conditions of Sale and any amendments or supplements to it, together with any additional terms or conditions that we post on the Website from time-to-time (collectively, the “Terms of Use”) form a legally binding agreement between you and the Company. These Terms of Use applies to any use of the Website, including participation in any areas of the Website that are available for public comments, ratings and reviews or other user content, any order you place through the Website, and your use or attempted use of our products and services (hereinafter, your “use”). Your Use of the Website shall signify a legally binding agreement between you and The Company.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE ANY OF THE COMPANY PRODUCTS.

ELIGIBILITY

In order to Use the Website, you must be 18 years old or older, and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. If you are a minor under the age of 18, you may only use the Website in conjunction with your parents or guardians.

BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE WEBSITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

NON-COMMERCIAL USE ONLY

The Website is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Website and the information and services included on the Website for any purpose without written consent of or agreement with the Company. You agree not to make use of Website information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by these Terms of Use or the Company. Illegal and/or unauthorized uses of the Website, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

USER CONTENT

The Company may make certain services available to registered users and facilitate such users’ ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials (“Content”) to the Website, subject to the restrictions set forth in these Terms of Use. If you post any Content to any portion of the Website, you agree not to post any unacceptable Content (“Unacceptable Content”). Unacceptable Content includes, but is not limited to, Content that:

Concerns a use for which a product is not intended;
Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy, or the rights of any third party;
Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
Is libelous, defamatory, or knowingly false or misrepresents another person;
Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
Includes any material that is encrypted or that involves the transmission of “junk mail”, unsolicited mass mailing or spamming, or unauthorized advertising;
Is harmful to the Company or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; or
Consists of any other Content that the Company in its sole discretion deems to be Unacceptable Content.

Subject to the Agreements, when providing content to the Website, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable, unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name related to such content in any media known now or hereafter conceived, and grant us freedom to use such content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such content you provide. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms of Use. You represent and warrant that such content is accurate and that the use of any such content (including derivative works) by us does not and will not infringe any Intellectual Property Rights of any third party. The Company takes no responsibility and assumes no liability for any content provided by you or any third party.

The Company does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Website. Any Content placed on the Website, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of the Company or its third-party service providers. The Company reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on the Website, in its sole discretion, without notice. You agree that the Company and its third-party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to the Website by others, including Unacceptable Content that violates these Terms of Use.

CONDITIONS OF USE

You must not use the Website in a way that violates the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website. You may not, without our prior written consent, do any of the following: copy, reproduce, rent, lease, loan, sell, or use the content retrieved from the Website in any way. You may not modify, distribute, or re-post any content on the Website for any purpose; or use the content of the Website for any commercial profit whatsoever. You may not disrupt or interfere with the security and/or the sources of the Website or upload any type of harmful files and/or viruses to the Website. You may not use the Website in any harmful way referring to all applicable laws regarding your use of the Website.

INTELLECTUAL PROPERTY RIGHTS

The Website is expressly owned and operated by the Company. Unless otherwise noted, the design and content features on the Website, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Website Information”), are owned by thee Company or its affiliates or are licensed from third party service providers by the Company. The Website, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.

The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in its sole discretion, remove content that appears to infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights of others. In addition, The Company may terminate access by users who appear to infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights of others. Nothing contained in these Terms of Use or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of the Company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

TRADEMARKS

The brands, logos, tradenames, trademarks (both registered and un-registered) and service marks (both registered and un-registered) are the property of the Company, its affiliates, and their respective licensors. Not all brands, logos, tradenames, trademarks and service marks of the Company and its affiliates appear on the Website. Silk’n™ and ToothWave™ and DentalRF™ are a well-known Trademarks as well as registered international Trademarks owned by the Company (hereinafter: “TM”). You have no right to use the TM and/or any of the foregoing in any way whatsoever. Using the TM and/or any of the foregoing without being granted with a written approval of The Company is an infringement of our Intellectual Property rights. Other featured words or symbols, used to identify the source of merchandise or services, may be trademarks of their respective owners.

INFORMATION ON THE WEBSITE

Content and information within the Website are provided to be used on an “AS IS” and “AS AVAILABLE” basis with all faults. You use the Website information, as authorized herein, at your own risk. Website Information may contain errors, omissions, or typographical errors or may be out of date. The Website may change, delete or update any Website information at any time and without prior notice.

Information (including, without limitation, advice and recommendations) on the Website is not intended as medical advice. Always consult your doctor before beginning any new treatment. The Company is not responsible for any damage and/or action caused by the information on the Website.

LINKS

The Website may provide links to other websites and/or resources, including advertisers over which the Company has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by the Company of content, items, or services on those third-party websites.

You acknowledge that the Company is not responsible for the content or actions of these other sites, including those third-party sites that may display the Company’s logo or branding. Such third-party sites are governed by the privacy policies and terms of use of their respective owners or operators. Your linking through the Website to any third-party site is at your own risk.

PURCHASING

The Company reserves the right, without prior notice, to discontinue or change: specifications, prices on products, and/or other purchase terms, and/or anything else on the Website. The Company will try, but will not guarantee, to describe the items available on the Website as accurately as possible.

If a product from the Website is not “as described” when you receive it, or the packaging on the Website does not match the product you receive, you can return it to us in an unused and undamaged condition in accordance with our Return Policy.

The Company reserves the right to revoke any stated offer, and to correct any errors, at all stages of the order, even after payment charges.

We accept Visa, Mastercard, American Express and PayPal. We take payment from your card at the time your order is placed. All credit card and debit card holders are subject to validity checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

If you order a product, payment must be received by the Company prior to the Company’s acceptance of the order. The Company may require additional information regarding your order if you have not provided all of the information required and may cancel or limit an order any time after it has been placed.

Your order is expressly conditioned on acceptance of these Terms of Use. Once a properly completed order, your authorization, and a form of payment has been received, we will promptly locate the item you have ordered to place it in line for shipment. All items are subject to availability. We will promptly inform you if the product you have ordered is not available, and we may offer you an alternative product of approximately equal quality and value.

The Company does not accept orders from dealers, wholesalers, or customers who intend to resell items offered on the Website. If the Company discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and pursue any and all available legal measures under applicable law. If we discover that an order was placed with fake or stolen cards, the Company will immediately report the incident to federal, state, and/or local enforcement authorities.

THIRD-PARTY PURCHASES

If you have purchased your product through a source other than us, you must coordinate the return or any issue with that source and according to their product return policy. Some distributors have their own return policy. Please make sure to review the source’s return policy before making your purchase decision. We are not responsible nor liable for such purchases.

SHIPPING AND RISKS

We ship to everywhere in the world unless stated otherwise.

All orders are shipped within 3-4 business days after receipt of your order and payment, both properly completed and cleared. Orders are shipped Sunday through Thursday, with the exception of local holidays.

Orders are shipped via DHL or FedEx or EMS (Express International Airmail), depending on their destinations. Packages shipped via DHL or FedEx or EMS usually arrive within 5-7 business days. Note that shipments to some destinations, including Africa and Fae East, may take longer than average.

All the shipping and handling fees are included in the price of each product, no extra charges are added at checkout. In the cases where special shipping and handling is requested by you (outside of the above-described protocols), the extra shipping and handling costs will be incurred by you. In case of a returned order, a full price refund will be issued, minus the shipping costs.

The delivery time is mere speculation, the Company is not responsible for the duration of the delivery, once the item leaves our location.

You understand that product availability may be limited, and particular products may not be available for delivery, in which case the products will be delivered when they become available. If your order shall be delayed (either from the date specified at the time of order or if no date was specified, beyond 30 days from the date of your order) the Company shall try to contact you. If the Company cannot contact you or you no longer wish to receive the item, the Company shall cancel the order and promptly refund the amount tendered and will do so within 14 business days from the order’s date, no matter what form of payment.

The Company shall not be liable for any loss, damage, cost, or expense related to any delay in the shipment or delivery of orders. Bear in mind that any customs fees are the sole responsibility of the buyer and the Company has no control over any customs or import duties that could be charged when the order reaches the destination country. These charges can cause delays and you will be liable to pay for them. We advise you to check with the local customs agency before placing the order.

The risk of loss and the title for the ordered items pass to you upon our delivery to the carrier.

INTERNATIONAL ORDERS

You are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items ordered by you. If you purchase an item on our Website, you are subject to these Terms of Use with respect to any purchase. The Customs Tax shall be applied according to the country in which the order was made. The payment information provided should be yours, or you should have the authorization to provide it. The Company has the right to cancel your order at its discretion.

The Company may choose to accept orders from residents of any country. Such orders will be subject to the applicable law from the country in which the order was made. You are obliged and responsible to provide current, complete, and accurate information for your billing account, as well for shipping.

CANCELLATIONS

Purchase orders are processed on the same day as the purchase is made, making it possible to get customers their products as soon as possible. Should you decide to cancel your order, you must do so immediately. Please bear in mind that orders are most often processed and shipped within 24 hours after payment is completed. The time in which the order is fulfilled depends upon the day of the week and the hour at which it is placed. If you would like to cancel an order after more than 2 hours have passed since payment, please do not hesitate to contact us with a cancellation request to our Customer Service at: [email protected]

If an order is canceled prior to shipment, the entire purchase credit will be returned to you.

If the cancellation took place after the order has been shipped, you will be responsible for shipping the product back to us. After the returned item arrives to the Company, you will receive your credit minus any shipping costs plus handling charges incurred by the Company.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You agree to making use of The Website at your own risk, and that you will be solely responsible for any damage to your computer system or loss of data caused as a result. You agree that the content within the Website is provided to be used on an “AS IS” and “AS AVAILABLE” basis. You agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from content you provide to our Website; use or inability to do so of our Website; pricing, shipping, delays or other guidance provided by us; viruses or other malicious software obtained by accessing or linking to our Website.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. THE COMPANY, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE WEBSITE.

To the maximum extent permitted by applicable law, the Company, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of these Terms of Use, the provision of services hereunder, the sale or purchase of any merchandise ordered through the site, your access to or inability to access the Website, Website information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the Website information or materials available through third party sites linked to the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree, to the maximum extent permitted by applicable law, to release the Company, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of this Website and its services. If you are a California resident, you waive California civil code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

INDEMNIFICATION

If your use of the Website and/or information you submit or transmit through the Website, infringes upon privacy, tort, or other claims relating to the provision of personal information (not owned by you) to the Company, in contravention of these Terms of Use, and/or your breach of these Terms of Use, you declare and agree to indemnify and hold the Company (including its shareholders, directors, officers, employees, agents, co-branders, suppliers, subsidiaries, and affiliates) harmless from any claim or demand, including any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable legal fees, and costs of litigation and any other damage that could be the cause of the above.

REMEDIES

In the event of any breach or threatened breach by you of these Terms of Use, we shall be entitled to seek an injunction and/or other equitable relief restraining such a breach. Nothing in these Terms of Use shall be construed as prohibiting the Company from pursuing any other remedies available. No delay by the Company in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect the Company’s ability to subsequently exercise that right or remedy. Any waiver must be agreed to by the Company in writing.

ELECTRONIC COMMUNICATIONS

When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TERMINATION OF WEBSITE

You accept and agree that the Company may, without prior notice, at its sole discretion, and at any time terminate or suspend its operation of the Website or your use of the Website, or any portion thereof or any products or services offered through the Website, for any reason that the Company deems appropriate. The Company will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use or access to the Website, you agree that these Terms of Use shall survive any such termination. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with the Company.

JURISDICTION AND GOVERNING LAW

The Company makes no representation that the Website and the information, services or products offered through the Website are appropriate, available or legal in any particular location. Those who choose to access the Website and the information, services and products offered through the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms of Use, for all purposes, shall be governed and construed in accordance with the laws of the State of Israel and the authorized courts in Israel shall have the exclusive right to hear any dispute pertaining to these Terms of Use, its interpretation, and execution.

CHANGES TO TERMS OF USE AND ADDITIONAL RULES OF USAGE

The Company may change and/or update these Terms of Use from time to time, at its sole discretion, without prior notice to you. Such modification or change shall be effective upon posting on the Website. If we revise these Terms of Use, we will also revise the “Last Updated” date at the top of the first page. Your continued use of the Website after the Company posts any revised Terms of Use constitutes your acceptance of any such changes.

The Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website, which may be posted in the relevant parts of the Website and will be clearly identified. Your continued use of the Website constitutes your agreement to comply with these additional rules.

THIRD-PARTY & AGREEMENT SUPERSEDE

The Company may assign, transfer, or subcontract any of our rights or obligations under these Terms of Use to any third party at our discretion.

These Terms of Use supersedes any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

GENERAL PROVISIONS

If any provision of these Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of the Terms of Use shall remain in full force and effect. Section headings are provided for convenience only and shall not be read or interpreted to restrict any provision contained in the Terms of Use. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. The Company may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Website, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Website. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of the Company to insist upon or enforce strict performance by you of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If the Company brings any suit against you to enforce the Terms of Use or otherwise in connection with your use of and/or entry onto the Website, you agree that if the Company prevails in such suit the Company shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees.

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