Legal Notices & Disclaimer

These Terms and Conditions (“Terms and Conditions”) is a legally binding agreement between you, the user that will be utilizing this website (the “Website”) (referenced below as “You” or “User(s)”), and Kamada Ltd, a company duly incorporated under the laws of the state of Israel (“Kamada”, “the Company” or “We”).

Disclaimer and warranty

Any medical or scientific information provided on this Website is intended only for general educational purposes for Kamada’s clinical research study. It provides only general information about the investigational drug, Kamada’s clinical trial and medical research studies in general. The information provided on this Website is not a replacement for medical evaluation, advice, diagnosis, or treatment. This Website is not intended to substitute for a physician’s expertise about the appropriateness of a medical research trial for any given individual. Any medical or treatment decisions should be made in consultation with your qualified healthcare provider.

THIS WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. KAMADA MAKES NO GUARANTEE THAT THE INFORMATION ON THIS WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. KAMADA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE WILL BE FREE OF INTERRUPTION OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES AND KAMADA WILL NOT BE LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH PROPERTIES.

Limitation of liability

In no event shall Kamada, 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 Website, or your use of or inability to use the Website, however caused, on any theory of liability, regardless of whether Kamada has been advised of the possibility of such damages. In no case shall the aggregate liability of Kamada 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 Website exceed the service fee actually paid (if any) by you to Kamada for the Website with respect to the claim or cause of action. Without derogating from the foregoing, Kamada 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 the Website and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our Website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Website through the actions of any third party, and/or (v) any errors or omissions 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 Website.

Indemnification

Upon its first demand, You agree to defend, indemnify and hold Kamada, 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 this Website; (ii) your violation of any of these Terms and Conditions; or (iii) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Website. 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 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.

Third party services and links

This Website may contain links or references to other websites maintained by third parties over whom Kamada has no control. Such links are provided only as a convenience. Similarly, this Website may be accessed from links provided on third-party Websites over whom Kamada has no control. Kamada makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Websites and shall have no liability for any claim, damage, injury, or loss of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Kamada.

Scope of use

Certain information displayed on this Website is either the property of, or is used with permission by, Kamada. You should assume that all content of this Website is copyrighted with all rights reserved to its owner unless otherwise noted and may not be used in a manner inconsistent with these terms and conditions without our express written permission. You understand and agree that we retain all right, title, and interest (including without limitation all copyrights, service marks, trademarks, trade secrets, other intellectual property rights, and other proprietary rights) in all content of this Website, as applicable, including, without limitation, any and all text, data, graphics, images, sound, and other information provided on this Website, whether in print, machine-readable, visual, audible, or other media form (together, “Kamada Content”). You may freely browse this Website and download Kamada Content solely for your own personal, non-commercial use; provided that all downloaded hard and other copies contain copyright and other applicable notices. However, you may not otherwise use, reproduce, repost, transmit, display, distribute, or modify the Kamada Content. No license or right is intended to be conveyed to you under any intellectual property or other right of Kamada or any third party, whether by implication, estoppel or otherwise. All rights not expressly granted herein are reserved.

Privacy statement

By using the Website You accept the Terms and Conditions hereof, including the terms of our privacy policy, located at: http://kamada.com/privacy-policy/ (the “Privacy Policy”).

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS AND USE ANY PART OF THE WEBSITE.

Kamada respects the privacy of visitors to this Website. Kamada does not collect personally identifiable information from visitors to this Website other than that which you knowingly and voluntarily supply, such as when you sign up to be contacted or receive information. Kamada does not sell or disclose any information supplied on this Website to any third party without your consent (other than as may be required by law).

When you visit this Website, certain anonymous information may be passively collected through the use of cookies, Internet tags, or other navigational data collection, including without limitation log files, server logs, or clickstream. Your Internet browser automatically transmits to this Website some of this anonymous information. However, the only personally identifiable information collected through this Website is the information you knowingly and voluntarily provide.

Miscellaneous

The Company may change from time to time the structure, appearance and design of the Website. By using the Website you declare that You are aware that the site operates via the Internet and it depends on various factors such as communications and infrastructure providers, servers, and so forth. The Company shall not be liable for the availability of the Website.

These Terms and Conditions and its performance shall be governed by and construed and enforced exclusively 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. These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Kamada with respect to the use of the Website, and supersede all prior or contemporaneous understandings regarding such subject matter. In the event of a discrepancy and/or contradiction between what is stated in these Terms and Conditions and what is mentioned in any publication and/or other information published and/or given by Kamada and/or anyone on its behalf with regard to these Terms and Conditions shall prevail.

Kamada reserves the right to update these Terms and Conditions from time to time, with or without notice at its sole discretion. Your continued use of our Website will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Website. If you do not cease using the Website, You will be deemed to have accepted those modifications.

Kamada may assign at any time any of its rights and/or obligations hereunder to any third party without User’s consent.

Without derogating from the Terms and Conditions, the User is aware, agrees and acknowledges that the limitation period for any claim and / or demand against the Company and / or third parties in connection with the User’s use of the Website shall be limited to a period of 6 months and all parties consider this to be an agreement for the limitation period as defined in section 19 of the Statute of Limitations, 5718-1958.

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 Kamada 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 Kamada in writing.