Terms of use of the service

Pangea DW LTD, O.C. 516140647 (hereinafter “the Company”), wishes to define the terms of service ordering and delivery for the customers of its test2fly service, the company’s unique coronavirus testing service (hereinafter “the Service”) at the Ben-Gurion Airport (hereinafter “BGA”).

Accessing the test2fly website and ordering the service as described below are subject to these Terms of Service, including the privacy policy that constitutes an integral part thereof (hereinafter “the Terms of Service”). Please read them with care prior to accessing the website of ordering the service. They constitute a binding agreement between you at the company.

By accessing the site, ordering the Service using the test2fly site (hereinafter “the website” or “the service website”) and/or by ordering the service at the Company’s location at the Tamar gate at BGA (hereinafter: “the service location“) you declare that you have read and understood the Terms of Service and that you obligate yourself to following them. If you do not consent to the Terms of Service, you may not use the website or order the Service.

These Terms of Service are worded in the feminine for the sake of convenience only and are addressed to both men and women.

  1. The Company provides a service for COVID-19 (hereinafter also “coronavirus”) detection testing at the service site at BGA. The testing is performed by qualified samples, making use of the most advanced testing kits and protective equipment permitted by the Ministry of Health. The Company works with a Ministry of Health licensed coronavirus testing lab run by a certified laboratory authorized by the Ministry of Health to perform coronavirus tests, and withIchiloc Well Ltd. (“hereinafter: “Ichilov Well”) and/or other companies, which provides sampling services pursuant to Ministry of Health guidance.
  2. The Company provides several types of coronavirus testing:
    1. At Ben Gurion Airport
      i. Regular PCR testing – test results shall be given to the client within 14 hours of sampling.
      ii. Rapid PCR testing – test results shall be given to the clients within 4 hours of sampling.
    2. In shopping malls:
      i. Regular PCR testing – test results shall be given to the client within 24 hours of sampling ( in the Kiryat Ono mall – by 10 am the next morning).
      ii. Rapid antigen testing – test results shall be given to the clients within 30 minutes of sampling.
      iii. Serological testing for ages 3-12 (coming soon!) – test results shall be given to the clients within 30 minutes of sampling.
  3. The tests at Ben Gurion Airport will be given via vehicle access (drive-in). The test at the malls will be provided upon physical arrival at the site.
  4. The prices of the testing appear on the website and include VAT.
  5. Upon ordering, the client must choose the test type she wishes to have performed.
  6. The Service order process shall be considered complete only after a message is received at the website containing the barcode, number, and order confirmation and confirmation of receipt of payment and/or a receipt for the service and order confirmation from the call center at BGA. If, while ordering the Service at the website you receive an error message or a message regarding an inability to complete service and/or you fail to receive a confirmation message as described in this Section, the client must ensure to re-order the Service or contact the Company’s call center, that shall be active 24/7 at the phone number ____ (hereinafter: “the Service Center”).
  7. To remove all doubt, it is hereby clarified that any order for the Service must be submitted to the Company in an orderly and correct fashion. If, during the ordering of the Service, the client gives incorrect and/or partial information, this may disrupt her ability to order the desired service.
  8. The testing process: After ordering the Service on the website, including payment, and/or after payment for the service at BGA, the client shall be able to arrive to the sampling facility at the Tamar gate at BGA, and perform a coronavirus test there.
  9. PCR tests conditions: PCR tests at Ben Gurion Airport and in the malls will be performed subject to the following conditions:
    a. Regular PCR tests at Ben Gurion Airport and in the malls will be performed subject to the presentation of a valid flight ticket for departure within 72 hours of the sampling time.
    b. Rapid PCR tests at Ben Gurion Airport and in the malls will be done subject to the presentation of a valid flight ticket for departure within 24 hours from the time of sampling.
  10. Result delivery: The results shall be given to the client by means of an email address provided by the client during Service ordering, using a document that will be password protected for maximum protection of the client’s privacy, as well as using the Company’s website and application.
  11. When an order is made by a partner or parent for their partner and/or children: By ordering the Service, the client (the ordering partner / parent) confirms that she is authorized to make the order also for additional family members being tested, and to receive the results on their behalf, and that all the Terms of Service described in this document shall apply to them also, mutatis mutanda, and that she has made her family members aware of these Terms of Service.
  1. The price of the Service is published on the website. Payment can be collected during ordering on the website or at the service area at BGA.
  2. Payment shall be by credit card.
  3. As long as the testing has not yet been performed at BGA, the order may be canceled using the website, the application, or by contacting the Service Center. Such a cancelation shall entitle the client to a refund of the payment she has made for the order, subtracting a cancelation fee in accordance with the Consumer Protection Law 5741 – 1981, by means of the credit card that was used to order the Service.
  4. A user under 18 years of age shall be done only by appending a parent and/or guardian’s confirmation. Entry of the parent and/or guardian’s details shall be considered as the parent and/or guardian’s consent to such a user making the order.
  1. It is hereby clarified that the Company works with Ichilov Well and/or other companies to collect the sampling, and that it does its best to ensure that the samplers are available, and the samples arrive to the laboratory as soon as possible so as to meet the testing schedule. However, subject to the liability limits in the applicable law, the Company cannot, and shall not be, liable towards the client for any failure to meet schedules, including a loss of the samples, resulting from force majeure and/or unexpected circumstances, and/or cases where Ichilov Well or any other company with which the Company works fails to meet its obligations for other reasons not depending on the company.
  2. It is hereby clarified that the Company works with a Ministry of Health certified laboratory to perform the testing. The Company does its best to ensure that the laboratory performs the tests at the scheduled times as required so that the client may receive her test results on time. However, subject to the liability limits in the applicable law, the Company cannot, and shall not be, liable towards the client for any failure to meet schedules resulting from force majeure and/or unexpected circumstances, including malfunctions of the laboratory equipment and/or the laboratory infrastructure, etc., and/or any other cases where the laboratory fails to meet its obligations.
  3. Moreover, in exceptional cases only, deviations may occur in the test results, i.e., a healthy test subject may be found to be sick, and vice versa, e.g., if a sample was contaminated, or an unusual malfunction occurs during sampling, sample transportation, etc. It is hereby clarified that the Company shall not be liable towards the client for any damages, losses, or harm that may be caused the client by such an erroneous result.

 

  1. The client is aware, an consents in advance, that the Company and/or its representatives may make use of the contact details provided by the client while ordering the Service to contact her by phone and/or email and/or text messages and/or chat messages on the website and/or any other means of communications in accordance with the contact means provided, for the purposes of updates in relation to the service, completing details not received and/or not given properly, as well as support in the event that the order process has not been completed. Moreover, the Company may use the client’s contact details to send the client information that pertains to the Company’s services, including marketing information regarding associated and/or complimentary services, benefits and discounts offered by the Company to its clients, etc. The Company shall not hand over the contact details to third parties unrelated to the services and/or the company.
  2. It is hereby clarified that advertising mail in relation to the Company services shall be subject to any applicable law, including Section 30a of the Communications (Telephony and Broadcasting) 5742 – 1982, including enabling the Client to take action to be removed from the Company’s mailing list.
  3. The Company’s privacy protection policy constitutes an integral part of these Terms of Service, and is published on the service website at the address test2fly.co.il.

The Company confirms that the results provided by the Company are produced by a laboratory licensed by the Ministry of Health for this service, and that the results shall be in the English language and in the format accepted for a coronavirus test performed at an airport in Israel. However, none of the above may replace an independent verification by the client with the airline/cruise ship company and/or travel agents and/or any other relevant entity in regard to the conditions and certificates required instead of and/or in addition to any test results received from the Company’s service, to be presented by the client as a condition of their travel and/or flight and/or cruise and/or entry to the destination and/or transit destination and/or return to Israel etc.

Should the test results not arrive at the promised time, and should, as a result of such a delay, the client be unable to make their flight, the Company’s liability towards the client shall not exceed $200, subject to proof of actual damages. Moreover, in the event of any kind of malfunction in the testing, the Company may invite the client to return to BGA for repeat testing. In such a case, the client may refuse to perform a repeat test, and receive a full refund the payment they were owed, in which case she shall have no further claims against the company. Alternately, the client may elect to perform a repeat test and to receive results as fast as possible, in which case she shall have no further claims against the company.

Website Terms of Use

  1. During her visit to the website, the client and/or the website user (hereinafter: “the user”) shall be exposed to various information, services, and content provided by the Company. The source of this content may be the Company itself, or a third party, including the Company’s subcontractors, the Ministry of Health, etc. Where the source of the information is a third party, the Company cannot guarantee the reliability and accuracy of such information, and therefore the user shall have no claims and/or demands against the company for any harms occurring as a result of relying on and/or making use of the information present on the website and originating from a third party. It is hereby clarified that the user hereby exempts the company and any of its representatives from any such liability.
  2. The information displayed on the website is for non-binding informational purposes only, and in no way constitutes medical or legal advice, a professional opinion or recommendation for treatment or a course of action, or a replacement for consulting appropriately qualified professionals. In any event where a user intends to make use of the Service in preparation for foreign travel, none of the website’s contents may replace an independent verification by the client with the airline/cruise ship company and/or travel agents and/or any other relevant entity in regard to the conditions and certificates required instead of and/or in addition to any test results received from the Company’s service, to be presented by the client as a condition of their travel and/or flight and/or cruise and/or entry to the destination and/or transit destination and/or return to Israel etc. The user irrevocably exempts the Company from liability for any damages, losses, etc. she may incur, if and when they do occur, as a result of her failure to meet the aforementioned requirements.
  3. The Company shall not be liable should the user not be able to make use of the website, including any case where she is unable to complete the ordering process at the site as a result of an Internet malfunction, a malfunction in the payment clearance process, the hardware and/or software and/or any other malfunction. The Company does not guarantee that the website shall be available at all times, however the Service Center will be available on a 24/7 basis.
  1. During her visit to the website, the user may find links to various websites and information sources on the Internet, where she may receive various information sources (hereinafter: “the linked websites”). When the user is redirected to such linked sites, she may be asked to register there, etc. The process of registration and sharing personal details on the linked sites is the exclusive responsibility of their owners. The Company has no liability in relation to the user’s reliance on and/or use of the linked sites.
  2. The Company cannot guarantee that all links to the linked sites from the Company’s websites shall be correct links.
  1. The user is aware that, pursuant to the Legal Competence and Guardianship Law, 5752 – 1962, each of the parents of a minor constitutes a partial guardian of their children and is entitled to receive the entirety of medical data about them, including test results, unless a court order denying them guardianship has been issued.
  2. The user is obligated to abstain from making any use of the website and/or the services available there that is not compliant with any appliable law and/or any inappropriate or immoral uses and/or any commercial use and/or any use that is not in accordance with the Terms of Service. The user hereby commits herself to abstain from causing the Company any damage of harm through her use of the website.
  3. The user shall not use the website in a manner that harms and/or disrupts and/or may harm and/or disrupt the operations of computer and/or communications systems and/or the website’s source code.
  4. The user obligates herself to abstain from monitoring or copying any content or information on the website using any automatic or manual processing means for any purpose whatsoever without receiving the Company’s approval in advance and in writing.
  5. The user shall not take any action that, in the Company’s opinion, will or may cause unreasonable loads on the website or its infrastructure. The user obligates herself to abstain from changing, translating, processing, editing or reverse-engineering any software in use with the Company in relation to the site.
  6. The Company may, subject to any applicable law, limit or block access to the information on the website (in whole or in part) for a user, temporarily or permanently, in the event that the user has made use of the site in contravention of the requirements of any applicable law or the Terms of Service, or on any other reasonable grounds. Pursuant to applicable laws, the Company shall be authorized to hand the user’s personal details over to the proper authorities, in circumstances which the Company believes justifies this.
  7. The user is hereby obligated to bear the full responsibility for breaches of the Terms of Service, and to indemnify the Company for any damages, losses, lost profits, payments or expenses, including attorney’s fees and court costs, that the Company and/or its representatives may incur as a result of the user’s breaching of the terms of service.

The Company is entitled to analyze user-related data for the purposes of improving its service, as long as such analysis is performed based on anonymized data. Such analysis may also be performed for website maintenance or monitoring user activities on the site, all in accordance with the Terms of Service and any applicable law. It is hereby clarified that advertising mail in relation to the Company services shall be subject to any applicable law, including Section 30a of the Communications (Telephony and Broadcasting) 5742 1982, including enabling the Client to take action to be removed from the Company’s mailing list.

The Company’s privacy policy is published in full on the website.

The Company is the owner, or authorized by of the owners, of any intellectual property rights to information and content on the website, including the website design, the Company logo and trademarks, excluding trademarks and copyrights owned by the Company’s subcontractor and displayed on the site. The user is hereby obligated to abstain from making use of any names, photographs, graphics, trademarks, etc. used on the website, without receiving the consent of the Company and/or any relevant third parties, respectively, in advance and in writing.

  1. The Company may alter the website’s structure, including the terms and types of the service offered by the Company on the website, from time to time, without advance notice, this at the company’s discretion. Such changes shall enter force from the moment of their publication on the website. The above does not entitle the Company to alter the terms of a service already ordered where the order has been confirmed by the Company pursuant to the terms above.
  2. The applicability, interpretation, and/or breaches of a use agreement and/or order shall be subject to the laws of the State of Israel. The exclusive jurisdiction regarding the applicability, interpretation, and/or breaches of a use agreement and/or order shall rest with the lawful courts in Tel Aviv – Yafo.
  3. The use of this website though an application adapted for use with mobile devices, if possible, may require additional charges from the cellular operator. Moreover, the Company cannot guarantee that the mobile applications are compatible wit the user’s mobile device.
  4. Advertisements: The Company shall not be liable in any way, shape, or form for any third-party products and/or services advertised on the websites and/or advertised to the Company’s clients or users of the website in accordance with Subsection 1 above, and in particular shall not be liable for the very fact of provision of the benefit, discount, product, or service advertised. Anyone buying such a product and/or service does so out of their own free will and is accordingly restricted from making any suits and/or claims against the Company in relation to such purchases made from third parties.
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