These Terms & Conditions (“Terms”) sets out the legal relationship between you and Clickto Ltd. (“Company” or “Us”) with regards to the use of the Clickto. Camp Platform (“Platform”) an Internet-based platform. By accessing, or otherwise using the Platform (“Use” or “Using”) as well as by paying the applicable license fees, you agree to these Terms and to be bound thereby and confirm that you fully understand these Terms in the English language. If you are using the Platform on behalf of another entity you represent and warrant that you have the required authority to bind that entity including in respect to these Terms and that you are agreeing to these Terms on behalf of that entity. Please read these Terms carefully before clicking on the “Accept” button, in which case you will be bound by this Terms. By clicking the “Accept” button you also waive any rights or requirements under any Applicable Law in any jurisdiction which require an original (Non- Electronic) signature or delivery or retention of non-electronic records. If you do not agree to the Terms, you should refrain from making any use of the Platform.
This Terms including any Order placed by you thereunder, governs your use of the Platform and constitutes a legally binding agreement between you and the Company.
When you Use the Platform you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Platform and through any email address provided to us by you.
For the purpose of these Terms,
“Applicable Law” shall mean all regional, national and international laws, rules, regulations and standards including those imposed by any governmental or regulatory authority which applies from time to time to the person or activity in the circumstances in question;
“Camper” shall mean the participants in the camp operated and/or managed through the Platform;
“Content” shall include information, documents, material, pictures, videos, data, graphics, photos, sounds, music, trademarks, service marks and logos or other content of any kind.
“Order” means an order placed through the Platform for the purchase of credit days and/or External Services (as defined hereunder) or other services purchased on the Platform, which such Order shall specify, among others, the number of credit days purchased and/or the External Services purchased. Company and/or the Services Provider (as defined hereunder), as applicable, has the right to accept or reject (in full or in part) any Order placed.
“person“ shall be broadly interpreted to include, without limitation, any individual, corporation, company, partnership, governmental authority or any other entity.
“Third Parties Services” – any and all services supplied by the Sub Suppliers, Independent Suppliers and Services Suppliers including not limited to, the External Services.
“we,” “our,” “us,” refer to the Company.
“you” shall include collectively the person making the actual Use and the entity on behalf of which the Use is being made.
IF YOU DO NOT ACCEPT THESE TERMS OR ANY PORTION THERETO, THEN YOU MAY NOT USE THE PLATFORM.
GRANT OF LICENSE
Subject to your strict compliance with these Terms, including without limitation the payment of applicable Fees (as defined below), we will grant you, a temporary, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to Use the Platform for your internal personal Use. To that end, you are permitted to use the Platform on a mobile phone, tablet, computer or any other device that supports the Platform. Use of Platform is in accordance with the abridged license terms that appear when first using it as well as in accordance with these full conditions.
You undertake that your Use of the Platform will, at all times, strictly comply with any applicable Law and these Terms.
Use of the Platform, in whole or in part, is for internal personal usage only. Any other action or usage is totally forbidden. Without derogating from the aforementioned, you shall not, and shall not cause or allow any Person to: (i) decompile, disassemble or reverse-engineer the Platform; or create or recreate the source code for the Platform; (ii) remove, erase, obscure, or tamper with any copyright or any other product identification or proprietary rights notices, seal, or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any Platform; or fail to preserve all copyright and other proprietary notices in all copies of the Platform; (iii) lease, lend or Use the Platform for service bureau purposes; sell, market, license, sublicense, distribute, transfer or upload to any third party’s platform or otherwise grant to any person any right to use the Platform; or use the Platform to provide, alone or in combination with any other product or service, any product or service to any person or entity, whether on a fee basis or otherwise; (iv) copy, modify, adapt, tamper with, translate, or create derivative works of the Platform; or refer to or otherwise use the Platform as part of any effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Platform or to compete with the Company; or (v) attempt to do any of the foregoing; (vii) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Platform for any purpose;
All rights not explicitly granted in this Section are hereby reserved.
In addition, the Platform makes use of third party software, services, data and rights, of which no use must be made without the prior written authorization of such third party.
You acknowledge and agree that the Company may generate revenues, increase goodwill or otherwise increase our value from your use of the Platform, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts, and except as specifically permitted by the Company in these Terms or in another written agreement you enter into with the Company, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by the Company in these Terms or in another written agreement you enter into with the Company, you (i) have no right to receive any income or other consideration from any Content made available to you on or through the Platform, including in any Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any Content within the Platform or on any third party service.
The Company may, at its absolute discretion and without derogating any of its rights and remedies under Applicable Law or agreement, block your access to the Platform, in any one of the following circumstances:
- a breach or suspected breach of these Terms or of any other service offered on the Platform.
- if you perpetrate an act or omission which damages or is likely to cause damage to the Company or any third parties, including other subscribers, or suppliers of the Platform’s services or software;
- if the User uses the Platform or the additional services provided on the Platform, to carry out or try to carry out an action that is unlawful, or an action that can be seen, prima facie, as being unlawful, as stated, or in order to enable, facilitate, assist or encourage, the implementation of such an action;
- if you perform any action that prevents others from using the Platform or from continuing to enjoy the Platform in any way at all;
- in case you fail to pay a required payment under these Terms and/or in respect to any of the services provided on the Platform.
DESCRIPTION OF THE PLATFORM
The Platform, its services and Content are provided through remotely based internet services coming from the Company servers and/or third party servers. Access to the Platform requires, inter alia, an internet connection.
The platform includes three tools: camp online environment (“Camp Environment”), knowledge center (“Knowledge Center”) and a marketplace of activities provided by third parties suppliers (“Marketplace”).
From time to time, use of the Platform (or any part thereof) might be, at Company’s discretion, subject to registration and/or payment of fees. In such cases, you may enjoy and make use of all the Platform or such part after the payment and/or registration process, providing the details required during the process and after consenting to the online agreement that accompanies the Platform.
The Company may modify and/or update, add to or subtract from the Platform and the information located thereon. The Company may remove and/or limit the use of the Platform for a limited period or permanently at its exclusive discretion.
At its exclusive discretion, the Company may discontinue these services at any time or restrict access to these services to paying subscribers only; or in line with any other business model on which it decides.
Some services on the Platform are provided by third parties with whom the Company engage (“Sub Suppliers”) and Some services in respect of the Platform, including but not limited to the hosing rooms, require your engagement with third parties who develop, set, operate and bill for their services (“Independent Suppliers”) – therefore, you, by using third parties’ services, undertake to compel with their separate terms and conditions which will be compelling on you together with these Terms. The engagement between you and such third parties is at your own risk and account and the Company is not a party to such engagement and shall have no liability in respect of such engagement and such third parties’ services.
Using the Platform requires registration by you. During the registration process you will be required to create your camp account.
To create your Account you may be required to purchase third parties’ services such as hosting rooms and to provide the Company with all details in respect of your account at Independent Suppliers (including API details). By providing the Company with such details you grant the company the right to use through the Platform your account with such third parties, including but not limited to, accessing any and all information stored and/or collected through such accounts, taking any action on such accounts and more. account Without derogating from the generality of the above, you shall not: (i) use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
The Camp Environment enables you to create and manage your online camp including but not limited to defining your staff members with same or different authorizations, build a schedule of lessons and activities of the camp, list your staff member and campers, contact the campers, perform the lessons and activities and more all as shall be amended by the Company from time to time. Each camper shall be granted with user credentials to access the Platform. You may not provide the same user credential to more than one camper.
In addition, the Platform may offer the ability to post and exchange opinions, information, material and data (“Comments”) through the Platform, including but not limited to, writing recommendations in respect of External Services, having a chat between the participants in the frame of the lessons and activity on the Platform and/or chat with External Services providers. The Company does not undertake to screen, edit, publish or review the Comments. The Company shall not be responsible or liable for any Comment including but not limited to any loss, cost, liability, damages or expenses caused and/or suffered as a result of any Comment on the Platform. The Company reserves the right to monitor all Comments and to remove any Comment which it considers to infringe upon these Terms, in its absolute discretion, including but not limited to any inappropriate and/or offensive Comment, inter alia, Comment which:
- infringes or breaches other parties’ intellectual property rights – including copyrights and trademarks;
- any material regarding or identifying minors, their personal details, addresses or how they can be contacted;
- any computer software, computer code or application that contains computer bugs (virus), including hostile software known as Trojan Horses, Worms, Vandals, Malicious Applications, etc.
- any material constituting slander of any person or infringes his privacy;
- any material that is illegal, or material that encourages, supports, assists, the provision of instructions for the implementation, or guides in the implementation, of an action that constitutes a criminal offense under the Applicable Law;
- any material or link to material the publication of which is forbidden under the provisions of Applicable Law;
- any information or material that could harm any business or dealer whatsoever;
- any material that is inflammatory in nature, insulting, hostile, threatening, crude, racist causing offense to public feelings, likely to constitute the basis for a civil claim or constituting any other breach Applicable Law;
- any material that could deceive consumers;
- any content of an advertising or commercial nature;
- any content from an internet site which is blocked by means of a password, etc., and which is not freely accessible to all internet users;
In addition, you undertake not to activate or enable the activation of any computer application or other resource, including programs such as Robots, Crawlers and the like, for the purpose of searching, scanning, copying or automatically retrieving content from within the Platform.
The Company is not and will not be a party to any engagement between you and the Campers inter alia in respect to any disputes between you and the Campers. You shall be solely responsible and liable to ensure that the Campers does not infringe upon these Terms and you undertake to take all means enquired to ensure their compliance with these Terms, including but not limited to, through entering into a written agreement which shall include all relevant provisions of these Terms. The Company is not and will not be responsible for the terms of any engagement and/or the accuracy of any information provided by you or anyone on your behalf to the Campers and/or to any third party.
The Platform may contain and/or present Content regarding the Platform, including material re the technical operation of the Platform and/or materials in respect of the operation of online camps (“Company’s Content”). The Company’s Content is provided for your on “AS-IS” basis as general knowledge and the Company does not make any representation or warranty, explicit or implied, in respect of the Company’s Content, including but not limited as to the accuracy or completeness of Company’s Content, fitness for particular purpose or non-infringement. Any use of the Company’s Content is at your sole reasonability and Company shall not be liable for the use of any Company’s Content.
The Company’s Content is provided for the sole purpose of using the Platform in accordance and subject to these Terms. You may not use the Company’s Content for any purpose other than as explicitly stated in these Terms.
As between you and the Company, the Company is and shall remain the owner of all rights, including but not limited to, Intellectual Property rights, in and to the Company’s Content. Nothing in these Terms and/or License purchased grants you any right in and to the Company’s Content. Without derogating from the aforementioned you may not: (i) disclose, reveal, release, distribute, communicate or transmit to any other person any of the Company’s Content; (ii) permit any other person to have access to the Company’s Content; (iii) remove or otherwise alter any of the trademarks, service marks, serial numbers, logos, copyrights or other proprietary notices or indicia, if any, fixed or attached to the Company’s Content or any part thereof.
The access to the Company’s Content or any portion thereto may be subject to payment and/or limited in time and/or by authorization.
The Platform may contain Content, advertisements and links of third parties’ services (“Services Supplier” and “External Services”) that are not owned, operated or controlled by the Company. External Services may be ordered and charged solely through the Platform. The External Services their terms and prices may be amended from time to time at any time without notice. The External Services at least 72 hours prior to the date on which such External Services is to be performed. Your Order of External Services constitutes an offer to purchase such External Service which may be accepted or rejected by the relevant Services Supplier and/or by the Company. If no rejection by the Services Supplier and/or the Company is sent within 48 hours following the placement of the Order, the Order shall be deemed accepted and binding on you and the Services Supplier. During the order process you may have the ability to write free text as per the description of the intended participants in the External Services. To remove doubt, such free text will not include any term or condition in respect of the ordered services and no term or condition of you will be binding. The Engagement between you and the Services Supplier shall be governed solely by the terms of these Terms and the special terms set forth in the Platform next to the relevant External Service
The Company is not responsible for the External Services and/or any Content advertisements and links in respect of the Services Supplier and External Services. The Company does not endorse, guarantee, or make any representations or warranties, explicit or implied, regarding the Services Supplier and External Services, including but not limited to, their quality, accuracy, fitness for a particular purpose, fitness for your needs or non-infringement. The Company is not and will not be a party to the engagement between you and the Services Supplier including but not limited to any compensation, refunds or other remedies you may have in connection with such engagement. If you decide to purchase External Services through the Platform, you do so entirely at your own discretion and risk. By placing the Order you declare that you have read all the specific terms and conditions applicable to the ordered External Service (which may be found next to such External Service description at the Market Place) and you irrevocably and unconditionally agree to be bound by them in addition to these Terms. In any contradiction between these Terms and such specific terms and conditions applicable to the ordered External Service, these Terms shall govern.
Orders may be canceled by you in accordance with the following terms:
- Cancelation Date is within 24 hours following the placement of the Order however not later than 14 days prior to the Activity Date – Cancelation with no charge;
- Cancelation Date is after 24 hours following the placement of the Order however not later than 14 days prior to the Activity Date– Cancelation with 25% cancelation fee (i.e a refund of 75% of the actual payment made);
- Cancelation Date is within 14 days prior to the Activity Date – Cancelation with 100% cancelation fee (i.e cancellation with no refund).
Activity Date means the date on which the ordered External Service is to be performed and in case of a series of activities, the date of the first activity of such series.
Cancellation Date means the date on which the Company and/or supplier, as applicable, have received the Cancellation Notice.
Cancellation Notice means a written unconditional notice to be sent the Company and/or supplier, as applicable to the following email address: email@example.com. which shall include all relevant details such as order number, the ordered services, the date on which they are to be provided, name, telephone number. Cancellation Notice of third parties services shall be sent to the Company and to the relevant supplier.
To the extent a refund is applicable in accordance with the above, the refund shall be made within 30 days following receipt of the Cancellation Notice by the Company.
The Use of the Platform may be subject to payment of license fees as set forth in Platform as amended from time to time by the Company, at its sole discretion. Credit days enables you to perform the Camp activities. Credit days may be used over a period of four months (“Use Period”). Following such a period they may not be used and no refund shall be granted. The Platform will charge a credit for any camper on an activated session. For example, 150 credits days will be charged for an activated session of 50 campers scheduled for three camp days (50 campers multiply by 3 camp days). Credit days refund for an activated session shall be possible only if a camper registered to a session was removed from a list of campers no later than 24 hours prior to the relevant session. A credit days refund does not mean a monetary refund but rather a refund of credits days for future dates left (within the Use Period).
Purchase of External Services is also subject to payment of the applicable consideration as set forth next to the relevant External Services.
All prices are net amounts, exclusive of any sales, value added and other similar taxes. You shall exclusively bear all national, state, or local excise, sales, use, withholding, value-added, or other taxes or duties.
Payment shall be made on a cash basis only via a credit card or PayPal. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, suspend or limit your Use of the Platform or any portion thereto.
You authorize third parties who provide us payment services to charge your payment card for all purchases you make. Completion of a payment transaction is contingent upon: providing complete and accurate personal, account and card information as needed; authorization of the payment by your credit card company; and acceptance of the payment.
You shall be entitled to support services only to the extent you purchased (on a specific purchase) credit days in a total amount of at least 100 USD. Said support services shall be provided only during the first two months following the purchase of the minimal credit days set forth above and provided your balance of credit days is at least 100 credit Days. Support services shall be provided in accordance with the Company’s services level policy as amended from time to time.
Said support services are the sole and exclusive remedy you may have in respect to any malfunctioning, bag, failure or other nonperformance of the Platform or any portion of it.
As between the Company and you, the Company is the owner of all legal rights, title and interest in and to the Platform including without limitation all patents, copyrights, trade secrets, trademarks, and other intellectual property and proprietary rights in and to the Platform (or any part thereof) and any update and/or amendment thereto. The Platform including but not limited to any patents, inventions, copyrights, trademarks and other intellectual property rights and Content uploaded by the Company, inter alia, the design of the Platform and other technology used to provide the Platform are owned or licensed by the Company and are protected by copyrights, trademarks, patents, or other proprietary rights and Applicable Law (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and nothing in this Agreement shall be deemed as a grant of any such rights to you.
As a condition of your access to and use of the Platform, you agree not to use the Platform to infringe on any intellectual property rights. The Company reserves the right, without derogating any of its rights or remedies under Applicable Law or agreement, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM AND/OR SERVICES INCLUDING BUT NOT LIMITED TO THIRD PARTIES SERVICES IS AT YOUR SOLE RISK AND THAT THE PLATFORM AND ITS SERVICES ARE PROVIDED “AS IS”. THE COMPANY AND ANYONE ON ITS BEHALF INCLUDING ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS (“REPRESENTATIVES”), MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES ARAISING OUT OF A COURSE OF DEALING, CUSTOM, OR USAGE OF TRADE, SUCH AS WARRANTIES THAT MIGHT BE INFERRED FROM, BY WAY OF ILLUSTRATION AND STATEMENTS OF THE COMPANY, REGARDING THE PLATFORM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD PARTIES SERVICES, INCLUDING BUT NOT LIMITED, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR YOUR NEED AND NON-INFRINGEMENT. WITH DEROGATING FROM THE GENERALITY OF THE ABOVE, COMPANY DOES NOT WARRANT THAT THIRD PARTIES SERVICES DESCRIPTION OR OTHER CONTENT ON THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE. THE THIRD PARTIES SERVICES INCLUDING BUT NOT LIMITED TO THE EXTERNAL SERVICES SOLD ON THE PLATFORM ARE THIRD PARTIES’ SERVICES AND COMPANY AND ANY OF ITS REPRESENTATIVES SHALL NOT BE LIABLE IN ANY MANNER TO THE THIRD PARTIES SERVICES AND/OR ANY DAMAGE CAUSED RELATED THERETO. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ANY OF ITS REPRESENTATIVES, DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE PLATFORM AND SERVICE INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY SERVICES WILL MEET YOUR REQUIREMENTS, AND (B) YOUR USE OF THE PLATFORM AND SERVICE INCLUDING BUT NOT LIMITED TO ANY THIRD PARTY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) THAT THE PLATFORM IS FULLY SAFE FROM ANY HARM INCLUDING BUT NOT LIMITED TO MALWARE ATTACK, HACKING ATTACKS, ACT OF GOD, TECHNOLOGICAL FAILURE OR ANY UNFORSEEN EVENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND/OR ANY OF ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY OR OTHER DAMAGES OF ANY KIND WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY IN RESPECT OF THE PLATFORM AND/OR ANY USE AND ANY FAILURE TO USE THE PLATFORM OR ANY SERVICES THEREUNDER, INCLUDING BUT NOT LIMITED TO THIRD PARTIES SERVICES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PENALTIES, EXPENSES AND FINES, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, SECURITY BREACH, VIRUSES, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERPRETATION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR NETWORK FAILURE OR OTHER TECHNICAL OR MALFUNCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATIONS ON THE COMPANY’S AND OF ITS REPRESENTATIVES, LIABILITY IN THIS SECTION SHALL APPLY WHETHER OR NOT COMPANY AND OF ITS REPRESENTATIVES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGE OR LOSSES ARISING.
WITHOUT DEROGATING FROM THE AFOREMENTIONED, IN NO EVENT SHALL COMPANY’S AND ANY OF ITS REPRESENTATIVES’, LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED 50% OF THE FEES ACTUALLY PAID TO THE COMPANY BY YOU (NOT INCLUDING CONSIDERATION OF THIRD PARTIES SERVICES) DURING THE THREE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
TO REMOVE ANY DOUBT IT IS CLARIFIES THAT COMPANY AND OF ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR AY USE, ACTIVITY AND BUSINESS OF YU IN RESPECT OF THE PLATFORM AND ANY SUCH USE, ACTIVITY AND BUSINESS WILL BE PERFORMED BY YOU AT YOUR DISCRETION AND RISK. YOU MAY RETAIN ANY INSURANCE RELEVANT TO ANY SUCH USE, ACTIVITY AND BUSINESS AT YOUR DISCRETION, RISK AND ACCOUNT.
BY USING THE PLATFORM YOU AND ANYONE ON YOUR BEHALF IRREVOCABLY WAIVES, RELEASES, REMISES AMD FOREVER DISCHARGES THE COMPANY AND ANY OF ITS REPRESENTATIVE OF AND FROM ANY AND ALL MANNER OF ACTION AND ACTIONS, CAUSE OR CAUSE OF ACTION, RIGHTS, ACTS, OMISSIONS, DAMAGES, CONTROVERSIES, COMPLAINTS, CLAIMS AND DEMANDS WHATSOEVER, WHICH THEY HAVE R WHICH THEY MAY HEREAFTER HAVE AGAINST COMPANY AND ITS REPRESENTATIVES, IN RESPECT OF THE PLATFORM AND ANY SERVICE INCLUDING BUT NOT LIMITED TO THIRD PARTIES SERVICES, ANY USE OF AND/OR ANY FAILURE TO USE THE PLATFORM SERVICE INCLUDING BUT NOT LIMITED TO THIRD PARTIES SERVICES, INTER ALIA, DUE TO MATTERS, EVENTS OR ACTIONS WHICH ARE BEYOND THE COMPANYS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF THIRD PARTIES SERVICES, ACT OF GOD, WAR, STRIKE, GOVERNMENT ORDER, THIRD PARTIES ACTIONS OR OMISSIONS OR ANY OTHER FORCE MAJEURE.
You undertake upon Company’s written request and no later than 7 days following its request, to defend, hold harmless and indemnify Company and any and all of its Representatives (each “Indemnified Party”) from and against any and all damages, losses, claims, actions, penalties, fines and expenses (including but not limited to attorney fees) incurred by any of them arising out or in connection with: a) any use of the Platform; and/or b) any breach of these Terms; and/or c) any and all activities that occur under your account, username and/or password; and/or (d) a claim and/or demand made by a third party claiming you and/or anyone on your behalf breach any right of the third party whatsoever including but not limited to an intellectual property right.
By Using the Platform you also warrant and undertake to act in accordance with all regional, national and international Applicable Law in respect of privacy and data protection, inter alia, as applicable in regards to the person or activity in the circumstances in question (“Privacy Legislation”), including, inter alia, the provisions of the Protection of Privacy Law 5741-1981and secondary legislation, including the Privacy Protection (Data Security) Regulations 5777-2017 and the Privacy Protection Authority guidance and policies in each case as amended, extended and re-enacted from time to time. Without derogating from the aforementioned, you warrant and undertake that:
– Any and all information, including but not limited to, Account Information, provided to us through any mean including but not limited to through the Platform and/or by granting us access to information provided to and/or stored by Independent Suppliers (collectively “User Data”), was and will be collected and provided to us in accordance to all Applicable Law, including but not limited to, all applicable Privacy Legislation;
– With regard to the processing of User Data and as between you and the Company, the Company is a processor of User Data.
Any and all User Data which you provide through the Platform is stored and/or managed through third party Sub-Suppliers engaged by the Company (as shall be amended from time to time) and/or through Independent Suppliers engaged by you and thus, inter alia, are subject to such third parties’ policies and terms. As of the date of these Terms, the terms of Amazon and WordPress (a Sub Suppliers of the Company https://aws.amazon.com/privacy/ and https://wordpress.org/about/privacy/ .
– By accepting these Terms and/or providing User Data you warrant that you have read the terms of Company’s Sub Suppliers, including but not limited to Amazon and WordPress, and you unconditionally and irrevocably agree to be bound by them.
– You grant us and our sub processors full and unconditional access and right to use (including but not limited to, create, delete, edit and any other use) any and all User Data as we shall be deemed feet at our discretion, for the operation of the Platform and for providing the Platform services.
– You have provided and will provide to any person who’s information is or will be included in the User Data all the notices required under Privacy Legislation and these Terms and you have received and will receive from such person all consents required under any Applicable Law, including but not limited to, Privacy Legislation.
We may collect, store, hold and process, by us or though sub processors, any or all information which does not identify individuals for example: participation rates and numbers, links clicked on, viewed pages, offers and services purchased through the Platform, IP address etc. (“Statistical Information”).
The Company implements the following security measures:
– Management of Passwords and identification credentials.
– Defined authorization and access monitoring.
– A firewall in an attempt to prevent unauthorized access.
– Anti Virus.
We and/or our Subprocessors may use the User Data and Statistical Information for the following purposes: (i) operation of the Platform and provide the Platform services (ii) send you periodic satisfaction, feedback, or quality assurance surveys; (iii) assess and improve the Platform and our services; (iv) send you newsletters offers, promotions recommendation and marketing material; (v) in the frame of any legal proceedings and/or enforcing these Terms and/or any of our right thereunder (vii) statistical analyzes and publication of statistical reports (viii) to comply with Applicable Law and any judicial order; (ix) to protect our, yours and any other third party’s rights.
We may remove any User Data if we believe it violated any Applicable Law or any judicial order, infringes or misappropriates the rights of any third party or otherwise violates these Terms.
We or anyone on our behalf may transfer the User Data or any portion thereto to the following (i) our service providers including IT service providers, cloud computing service providers, legal advisers, etc; (ii) third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business; (iii) contractors, employees etc.; (iv) affiliates, subsidiaries etc.
Upon termination of your use of the Platform we may retain a copy of the User Data for the establishment, exercise or defense of legal claims and/or to comply with Applicable Law or judicial order.
You may cease Using the Platform at any time.
We may terminate the license and/or suspend your access to the Platform in case of any breach or suspected breach of these Terms.
We reserve the right to change these Terms or any portion thereto at any time without notice to you by updating the Platform to incorporate the new Terms. Your continued use of the Platform after the date of the new Terms constitutes your acceptance of the amended Terms. If you do not agree with such changes, you can always cease Using the Platform.
GOVERNING LAW AND JURISDICTION
You agree that all matters relating to THESE Terms and the Use of, the Platform shall be governed by the laws of the State of Israel without respect to its conflict of laws principles. You also agree to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, and no other courts or tribunals shall have jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and the use of the Platform must be filed within one (1) year after such claim or cause of action arose.
These Terms constitute the entire agreement between you and the Company in connection with the Platform. If any provision in these Terms shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall remain in full force and effect. Any failure by the Company to enforce or exercise any provision hereunder shall not constitute a waiver of a right or provision. The Company may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to any third party whatsoever, without notice and without the need to receive your consent. You may not assign transfer, assign, sublicense or pledge in any manner whatsoever, any of your rights and obligations under these Terms.
If you have any questions relating to these Terms or need the support of any kind in relation to the Platform, please contact us with any issue that may arise at firstname.lastname@example.org and we will do our best to answer you shortly.
Last updated: May 24, 2020