Return Policy

Limited Product Warranty, Sale and Return Policy

G-Medical Innovations Ltd. (“G-Medical“, “we” or “us“) provides limited warranty for our “Prizma” Medical Smartphone Case (the “Case“) obtained directly from G-Medical. The warranty terms with respect to GMedical’s “Prizma” mobile-application and G-Medical’s web-portal, which interface with the Case (the “App” and the “Portal“, respectively), are detailed in G-Medical’s Terms of Use, whose latest version can be found on our website at https://gmedinnovations.com/terms/ (“Terms of Use“). The sale, return and warranty terms with respect to the Case are detailed herein. In case of any inconsistencies between the Terms of Use and this Limited Warranty (as further detailed below), this Limited Warranty shall prevail. BY PURCHASING AND/OR USING THE CASE, YOU AGREE TO THE TERMS SPECIFIED HEREIN.

The limited warranty stated herein is subject to all of the following terms and conditions

TERMS AND CONDITIONS

1. Terms of Sale

You may purchase G-Medical’s products (including the Case) directly from G-Medical, using our online store, which is available on G-Medical’s Website at https://gmedinnovations.com/ (the “Site“), subject to the following terms:

1.1. In order to purchase a product via the Site, you must be over 18 years of age and possess a valid credit or debit card. By placing an order to purchase our products, you undertake that all details you provide to us are true and accurate and that you are the authorized user of the payment method used to place your order.
1.2. Dispatch times may vary and any guarantees made as to delivery times of the purchased goods are subject to any delays resulting from postal delays or force majeure, for which we will not be responsible.
1.3. All prices advertised on the Site are subject to change, at G-Medical’s sole discretion.
1.4. When you place an order for our products, you will receive an acknowledgement email confirming receipt of your order. Our order confirmation email does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place limits on your order for any reason. For the avoidance of doubt, until the goods ordered are dispatched, the order may not be accepted by G-Medical or may be cancelled by you. All purchases are subject to product availability.
1.5. Purchases are subject to a destination contract, therefore the risk of loss and title for purchased products passes to you upon the carrier’s delivery to your shipping address.
1.6. Where applicable, product prices are inclusive of VAT. Delivery costs and state sales tax will be charged in addition to the product price, where applicable. Such additional charges are clearly marked where applicable and are included in the total cost.
1.7. Please note that G-Medical products may also be offered for sale by G-Medical’s authorized dealers or distributors, in which case such retailers or distributors’ terms of sale shall apply.

2. Return Policy

2.1. If you purchased the Case directly from G-medical and you are not entirely satisfied with your purchase, you have a period of fifteen (15) calendar days to return the Case, commencing on the date you received it, and we will refund your money.
2.2. Before returning the Case to G-Medical, and in order to receive your refund, you must open a service call via the Portal and request a Return Merchandise Authorization (“RMA“) number. If you cannot access the Portal, please contact G-Medical’s Customer Support, whose contact details are specified on our website at https://gmedinnovations.com/contact-us/ or by sending an email to 15608/9601/6920267v7 service@gmedinnovations.com. The Case must be received by G-medical within two (2) weeks of the RMA’s date of issue. You will be responsible for paying for all shipping costs in connection with returning the Case to G-Medical (shipping costs are nonrefundable), and you assume all risk of loss or damage to the Case while it is in transit.
2.3. Once we receive your returned Case, we will inspect it and notify you that it had been received and of the status of your refund. Subject to the terms stipulated herein, your credit card used to purchase the Case (or other original method of payment) will be credited with the full purchase price paid for the Case (excluding any shipping and/or handling fees). Please note that all Cases must be returned in their original packaging and in their original condition, without any damage or missing parts and/or accessories (e.g. charger). If any part is missing from your returned Case, we will process a return with a nonrefundable deduction on your refund for what is missing. It will take up to three (3) weeks for G-Medical to complete the refund process.
2.4. If you purchased the Case from a G-Medical authorized dealer or distributor, please contact that retailer or distributor, whose return policy shall prevail.
2.5. If you received a damaged case that was purchased directly f from G-Medical, please contact GMedical’s Customer Support via the Support tab in the Portal.

3. Limited Warranty

3.1. G-Medical represents and warrants that commencing on the date in which the Case was delivered to you by G-Medical, and for the duration prescribed by the applicable consumer laws and regulations in the country in which you reside or for a period of twelve (12) months, whichever is longer (the “Warranty Period“), under normal authorized use, the Case shall perform substantially as prescribed in the then current applicable Case documentation (“Limited Warranty“).
3.2. As your sole and exclusive remedy and G-Medical’s sole liability for breach of this Limited Warranty, G-Medical shall, at G-Medical’s expense, repair the Case during the Warranty Period, all only to the extent that it was determined by G-Medical that the Case is defective. Following the Warranty Period, you will be charged for any repaired or replaced parts. At G-Medical’s sole discretion, or if during the Warranty Period repair fails to remedy the defect, G-Medical shall replace the Case. A “defective” Case for purposes of this document means one which fails to conform to GMedical’s then current applicable Case’s documentation and manuals.
3.3. For the avoidance of doubt, all claims under this Limited Warranty must be made within the Warranty Period and no repair or replacement of any Case or part thereof shall extend the Warranty Period. The specific warranty on the repaired part only shall be in effect for a period of three (3) months following the repair or replacement of that part or the remaining period of the Limited Warranty, whichever is greater.
3.4. A detailed bill of sale, proof of purchase or the Case’s serial number must be retained as evidence of the date of purchase and to establish Limited Warranty eligibility.
3.5. During the Warranty Period, in order to repair the Case, you shall send the defective Case to GMedical via mail, freight prepaid. The Case to be repaired should be sent to G-Medical in either its original packaging or a similar package affording an equal degree of protection. If G-Medical determines that the Case is eligible for repair or replacement under this Limited Warranty, it shall bear the costs associated with returning the Case under warranty to you. G-Medical shall use reasonable commercial efforts to deliver the Case within a specified timeframe. Notwithstanding the aforesaid, any delivery date is estimated and not guaranteed.
3.6. In order to exercise your rights under this Limited Warranty, please contact G-Medical’s Customer Support via the Support tab in the Portal.
3.7. If you purchased the Case from a G-Medical authorized dealer or distributor, please contact that retailer or distributor, whose warranty policy shall prevail.
3.8. G-Medical shall not be liable for any delays in delivery of the Case nor for any loss, expense, consequential or any other damages suffered by you by reason of such delay.

4. Exclusions

The Limited Warranty set forth above with respect to the Case shall not apply if failure of the Case results from or is otherwise attributable to: (i) repair, maintenance or modification of the Case by persons other than G-Medical’s personnel or its authorized third parties; (ii) accident, negligence, abnormal physical or electrical stress, abnormal environmental conditions, acts of God, abuse or misuse of the Case; (iii) use of the Case other than in accordance with the Case’s manuals or documentation; (iv) the combination of the Case with equipment or software not authorized or provided by G-Medical or otherwise approved by G-Medical in the Case’s manuals or documentation; and/or (v) any Case where the serial number or any other identification markings were removed, modified or rendered illegible.

5. Disclaimers

OTHER THAN AS EXPLICITLY STATED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE CASE AND ITS DOCUMENTATION ARE PROVIDED ON AN “AS IS” BASIS. G-MEDICAL DOES NOT WARRANT THAT THE CASE WILL MEET YOUR REQUIREMENTS OR THAT THE CASE’S OPERATION WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES, BUGS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER LIMITATIONS. TO THE EXTENT ALLOWED BY LAW, G-MEDICAL EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES, ALL IMPLIED WARRANTIES, AND ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, NON-INTERFERENCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD AND REMEDIES REFERRED TO IN SECTION 2 ABOVE. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) G-MEDICAL, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “G-MEDICAL’ REPRESENTATIVES”), SHALL NOT BE LIABLE WHETHER UNDER CONTRACT, TORT OR OTHERWISE, TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED AND/OR CONNECTED TO ANY USE OF OR INABILITY TO USE THE CASE, AND/OR FOR LOST PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, HARDWARE FAILURE OR MALFUNCTION OR DOWNTIME, EVEN IF G-MEDICAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) IN NO EVENT SHALL G-MEDICAL’ AND GMEDICAL’ REPRESENTATIVES’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS CASE FROM ALL CLAIMS OR CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE TOTAL PAYMENTS ACTUALLY MADE TO G-MEDICAL FOR THE CASE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

7. Miscellaneous

7.1. Applicable Law:
7.1.1 .If you acquired the Case in the United States, this document, its performance and interpretation shall be governed by the substantive law of the New York, exclusive of its choice of law rules. The competent courts and tribunals situated in New York, N.Y. shall have sole and exclusive jurisdiction in any dispute or controversy arising out of or relating to the matters stipulated under this document.
7.1.2 .If you acquired the Case in the European Union (EU), this document, its performance and interpretation shall be governed by the substantive law of the England and Wales, exclusive of its choice of law rules. The competent courts and tribunals situated in London, UK shall have sole and exclusive jurisdiction in any dispute or controversy arising out of or relating to the matters stipulated under this document.
7.1.3 .If you acquired the Case in any other country, this document, its performance and interpretation shall be governed by the substantive law of the state of Israel, exclusive of its choice of law rules. The competent courts and tribunals situated in Tel Aviv- Jaffa, Israel shall have sole and exclusive jurisdiction in any dispute or controversy arising out of or relating to the matters stipulated under this document.
7.2. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

Chanan Epstein

Director

Mr. Chanan Epstein has agreed to serve on our board of directors subject to the consummation of this offering. Chanan Epstein is a senior technology and telecom executive with substantial experience in domestic and international markets. Since 2000, he has served as a Senior Vice President at Amdocs (Nasdaq: DOX), a leading software and service provider to telecom and media companies, and he began his service at Amdocs in 1995. At Amdocs, Mr. Epstein is responsible for developing and maintaining key customer relationships worldwide. In this role, he is also instrumental in driving forward strategic deals, leveraging his CEO/CXO relationships across the telecom industry in North America and Asia. Prior to joining Amdocs, from 1974 to 1991, Mr. Epstein served in the Israeli Air Force. Ultimately attaining the rank of Colonel, he oversaw research and development of “Command, Control, Communications and Intelligence” operational systems, as well as avionics software. During his military career, Mr. Epstein spent several years in the U.S. leading key strategic ventures between the U.S. and Israeli Air Forces, specifically heading up the F-16 avionics software project at General Dynamics. Mr. Epstein sits on the board of a number of private and public companies, including MobileSmith Health (Nasdaq: MOS), RFCode and Copilot. He is also an active technology investor and a mentor to numerous executives. Mr. Epstein received his BA in mathematics and computer science from Bar Ilan University in Israel, as well as participated (partially completed) in the master program of computer science at Weizmann institute in Israel.

Mr. Benny Tal

VP R&D and CTO

Over 30 years of experience in Medical devices, Electronics Development, Engineering and Operation. Benny holds a B. Sc in Electrical Engineering and computers & M.B.A from Ben-Gurion University, Israel.
Throughout the last 25 years Benny has played a major role as VP Engineering, VP R&D, VP Operation, VP for OEM/ODM products, in driving, developing, Inventing, and executing the products in CardGuard, LifeWatch and in the last 5 years, bringing the skills and experience in IOT, and patient monitoring in Gmedical ,developing Special Sensors, mixed ASIC, RF & Hybrid modules, Overseeing Algorithms for embedded medical sensors.

Mr. Kobi Ben-Efraim

Chief Financial Officer

Mr Ben-Efraim is an experienced, senior CFO of global companies with more than 20 years’ experience in the finance and accounting domain. Mr. Ben-Efraim has served in Israeli high tech companies like DSPC Group (a NASDAQ-traded company), where he held a number of positions, including Chief Accountant of the group, and El-Op where he was Deputy Controller in charge of tax and accounting. From 2003, Mr. Ben-Efraim served as the Corporate CFO in a global medical devices manufacturer and services provider company, where amongst other things, he was in charge, of the cash flow management, annual budget approvals, financial reporting to the stock exchange and analysts corporate presentations. Mr. Ben-Efraim holds a B.A in Economics and Accounting from Tel Aviv University, and is a Certified Public Accountant (IL).

 

Mr. Oded Shahar, Adv & Notary

Senior Investment Banker SVP, Merger & Acquisition

Over 25 years of international business and banking experience and an extensive global network in which he oversaw several multi-million global deals. Held senior executive positions including Head of the Israeli branch of Crédit Agricole Corporate and Investment Bank, following hands-on experience in investment banking in Paris and private banking in Switzerland; Senior Country Officer in Israel of one of the top ten global banks; Senior Partner in one of the Israel’s leading law firms. Mr. Shahar is qualified as a lawyer and as a Notary and is a member of the Israel Bar Association. His fields of expertise are banking and international investments, mergers & acquisitions and international contracts.

Mr. Urs Wettstein

Non-Executive Director

Mr Wettstein, citizen of Switzerland, was an advisor and investor in numerous pre-IPO investments since 1985 and was instrumental for several successful IPO’s in Switzerland. He operated his own accounting, auditing and tax consultancy firm in Zurich, Switzerland from 1983 to 2007. From 1976 to 1982, he was an auditor and tax consultant with Coopers & Lybrand AG, Zurich. Urs Wettstein graduated as a Certified Public Accountant. From 2001 to 2014 he served as non-executive Vice Chairman of the Board of Directors of LifeWatch AG, a company listed on the Swiss Stock Exchange.

Dr. Shuki Gleitman

Non-Executive Director

Dr. Gleitman is the Chairman of the Guangzhuo Israel Biotech Fund, Chairman of the Board of Directors of Capital Point Group, a Board member and Chairman of the audit and financial committees of Elbit Systems (NASDAQ, TLV traded), Chairman of the YoYa Group, Senior Advisor to the World Bank (national policy for innovation) and Senior Strategy Advisor to Serbia Innovation Fund. Prior to holding the positions set out above, Dr. Gleitman was the Chief Scientist and Director General of Israel’s Ministry of Industry and Trade, where he managed all of the Israeli Government technological programs. In the course of his four-year tenure, Dr. Gleitman was responsible for allocating over $1.5 billion in grants in the framework of promoting research and development activities in the Israeli hightech industry. Dr. Gleitman also served as the CEO of Ampal Investment Group (NASDAQ: AMPL), where he was responsible for the investment of over $200 million in hightech ventures. During his tenure at Ampal, Dr. Gleitman led a $330 million joint venture with Motorola Israel founding Mirs Communications Ltd., Israel’s fourth largest cellular operator. Dr. Gleitman holds a Ph.D. (with distinction), M.Sc. (with distinction) and B.Sc. in Physical Chemistry, from the Hebrew University of Jerusalem.

Professor Zeev Rotstein

Non-Executive Director

Professor Rotstein is an internationally recognised cardiologist and expert in health management systems, with decades of experience across consultancy and academia. Currently he serves as  the  Director General, Hadassah  Medical  Organization; Associate  Clinical Professor, The  Hebrew  University  of  Jerusalem; Associate Clinical Professor, Sackler School of Medicine Tel Aviv University; and Associate Clinical Professor, The Hebrew University of Jerusalem. Professor Rostein has acted as an expert consultant in the construction of several medical facilities throughout the world including Centro Medico La Paz, Equatorial Guinea (major referral hospital in Equatorial Guinea), the Lagoon Hospital, Accra, Ghana and currently the Moscow Medical Cluster Oncological Centre and Polyclinic of Skolkovo, Moscow. Professor Rotstein trained in medicine at Tel Aviv University, and has held fellowships at the New York Department of Health, Tufts University, and Johns Hopkins Medical Centre School of Hygiene and Public Health.

Dr. Kenneth R. Melani

Non-Executive Chairman

Dr. Kenneth Melani has over 30 years’ experience in the health care industry as a provider, supplier and insurer. He began his career in 1981 as a practicing physician growing his internal medicine practice into the largest multi-specialty physician practice in Western Pennsylvania. In the mid 1980’s he helped start a physician hospital organisation, West Penn Cares, where he became the CEO. In this role he prepared the Organisation for managed care risk sharing contracts (known as ACO’s today). In addition, he started seven successful for-profit health services businesses. In 1989 he joined Highmark Inc. (formerly known as Blue Cross of Western Pennsylvania) where he spent the next 23 years of his career in a variety of positions including Chief Medical Officer, President of Health Related Services, and EVP, Strategy and New Business Development. In 2003, he was named the President and CEO of Highmark Inc. During his nine and half year tenure he grew the company into one of the largest and most diversified health care companies in the United States, serving over 32 million individuals.

Dr. Yacov Geva

President and CEO

A well-known pioneer in the industry of medical technologies and remote patient monitoring services. As the founder of LifeWatch AG (former Card Guard AG and Card Guard Scientific Survival Ltd.) he successfully led the company to an IPO. Up until 2014, Dr. Geva was a member and the Chairman of the Board of Directors and Corporate CEO of LifeWatch AG. During 1979 to 1989, Dr. Geva served as a Chief Mechanical Engineer with Vishay Israel – a subsidiary of Vishay Intertechnology, USA. Dr. Geva holds a B.Sc in Mechanical and Nuclear Engineering, a Ph.D. (with honours) in Business Administration from the International School of Management, Paris and an honorary doctorate from Oxford Brooks University. Dr. Geva is also a senior member of the royal society of medicine in the UK (RSM).