Collection of Information
The Company collects and stores Information from you, including without limitation, your name, home or other physical address, email address, phone number and other contact information. The Company also collects and stores an activity log unique to you that collects certain administrative and traffic information including without limitation source IP address, software installed, time of access, date of access, web page(s) visited, language use, software crash reports, type of browser used, the technical operation of the Services, the use of any software (including, but not limited to, the extent and scope of usage of such software) and any information required to ensure your use of the Services is compliant with the End User License Agreement. The Company collects and stores the aforesaid information when you visit or use the Website and/or Software and/or Services and when you provide it to the Company, and also in your communications with the Company.
The Services enable location based features. When you use the Services, we may collect and maintain real-time location information, including position coordinates provided by your mobile Device. We identify your location by using the GPS component in your mobile Device, by your cellular network (cell ID) or by the WiFi network that you use. We essentially use your location-based information to provide the Services and to enhance their capabilities. To learn more about the ways in which we use location-based information, please refer to the relevant sections of this Policy below.
You are responsible for ensuring the accuracy of your Information you submit to the Company. Inaccurate information will affect the information you receive when using the Services and the Company's ability to contact you as contemplated in this Policy as well as to provide you with the Services in the best manner possible.
The following sections of this Policy provide additional details on what we do with that Information.
The Ways We Use Your Information
We may use the Information for the following purposes -
- To provide you with the Services, their features and functionalities.
- To send you notices and updates, to conduct surveys related to the Services and to provide you with information related to the Services – through the Services interface or through e-mail, as available.
- To provide you with promotional offers and information regarding products and services from third parties.
- To respond to messages that you send us, and to allow us to provide support and assistance.
- To improve and customize your and other users' experience with the Services.
- To enhance existing features of the Services and to develop new features and services.
- To prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Services.
- To facilitate our internal managerial, archival, administrative and audit activities.
- To contact you as and when we believe it to be necessary.
- To enforce the Terms and this Policy and prevent misuse of the Services;
- To comply with any applicable law and assist law enforcement agencies or competent authorities under any applicable law, when we have a good faith belief that our cooperation with such entities is legally mandated or meets the applicable legal standards.
- To prevent imminent physical harm or damage to property.
- To take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and other users or third parties with respect to, or in relation with the Services.
Sharing Information With Others
We may share Information with others in any of the following instances, or subject to your explicit consent:
- To operate, maintain and enhance the Services;
- To execute purchase transactions, which involve or relate to third parties such as payment providers and clearance services.
- If you have breached the the End User License Agreement, abused your rights to use the Services, or violated any applicable law. Your Information may be shared with competent authorities and with any third party, as may be required;
- If we reasonably believe that we are required by law to share or disclose your Information;
- In any case of dispute, or legal proceeding of any kind involving you with respect to the Services;
- If the operation of the Services is organized within a different framework, or through another legal structure or entity (such as due to a merger or acquisition), provided that those entities agree to be bound by the provisions of this Policy, with reasonably necessary changes taken into consideration; and
- Information may be shared with our subsidiaries, sister-companies and parent companies, but their use of such information must comply with the Policy.
In any case other than the above, your personally identifiable information will be shared with others only if you provide your explicit prior consent.
Choice / Opt-Out
Each communication sent to you by the Company includes a simple and free mechanism allowing you to opt out from receiving communications from the Company. If you have any questions relating to opting-out, please contact customer service.
We Use De-identified or Aggregated Information
We may use de-identified, statistical or aggregated information, including Information that we process according to this Policy, to properly operate the Services, to develop and improve the quality and functionality of the Services, to enhance your experience, to create new services, including customized services, to change or cancel existing features and for other research, development and statistical purposes. We may share, publish, post, disseminate, transmit or otherwise communicate or make available such Information to suppliers, business partners, sponsors, developers, affiliates and any other third party, at our sole discretion, provided however, that we will not knowingly, or intentionally share Information that can be reasonably used to reveal your identity without your consent.
Some of the Cookies may expire when the session ends and you exit your browser. Other cookies are saved on your computer's hard drive. If you wish to block our cookies, you may do so by clicking the "options" button on your browser's menu and follow the necessary instructions. You can read your browser's Help file of for further information. However, bear in mind that disabling cookies may complicate or even prevent the use of the Services, or certain features thereof.
The Company has implemented suitable security policies, rules and technical measures to protect and safeguard the Personal Information under its control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All of the Company's employees and data processors that have access to, and are associated with the processing of your Personal Information, are obliged to respect the confidentiality of your Personal Information.
On the Website, when your sensitive data is transferred, the Company uses the latest 128-bit Secure Socket Layer (SSL) encryption technology to ensure that your data is transferred securely over the internet.
While such security measures reduce the risk of security breaches, they do not provide absolute security. Therefore, while we take reasonable measures to secure the Information, we cannot guarantee that it will be immune from any wrongdoings, malfunctions, unlawful interceptions or unauthorized access.
Links to Other Sites
The Website may contain links to other sites. Other sites may also reference or link to the Website. The Company is not responsible for the privacy practices or the content of such other online sites, and any information collected by these third party online sites is not governed by this Policy, and the Company assumes no responsibility or liability whatsoever for the policies (including privacy policies), practices, actions or omissions of such third parties.
We retain different types of Personal Information for different periods, depending on the purposes for processing the Information and our legitimate business purposes. When we no longer need to process the Information that identifies you, we may take measures to de-identify the information.
Generally, as long as you are a user of the Services, we do not delete Information related to you, unless there are technical reasons that require us to retain only portions of the data, or if we are required by law to delete it.
Please note that we will retain and disclose Information when we deem it necessary to satisfy orders issued by courts and government authorities. We will notify you about the disclosure, only if we are explicitly permitted to do so. In any case, we may keep any aggregated or anonymous Information for statistical, development, marketing and other purposes, indefinitely.
Transfer and Deletion of Your Information
In the event that the Company sells, assigns or transfers some or all of its business or assets to a successor or acquirer, or if the Company is acquired by or merge with a third party, or if the Company files for bankruptcy or becomes insolvent, the Company may sell, assign or transfer all of your Information, regardless of your opt status, to such successor or acquirer.
The Company may transfer your Information to jurisdictions outside your jurisdiction of residence and/or outside the European Union. The data protection and privacy laws of the jurisdictions to which the Information will be transferred may not be as comprehensive as those in the European Union (if applicable to you); in which case the Company will take measures to ensure a similar level of protection is provided to your Information.
If you are a resident in a jurisdiction where transfer of your Personal Information to another jurisdiction requires your consent, then you provide us with your express and unambiguous consent to such transfer.
Your account with the Company may be terminated in accordance with the End User License Agreement. Please note, however, that the Company to do so, will retain records of your Information even after such termination.
Your Acceptance of this Policy
Important Notice About Minor's privacy
We do not allow persons who are not Legally of Age to use the Services. If you are not yet Legally of Age (as this term is defined in the End User License Agreement), then you may not use the Services and must not provide any Information to us.
We do not intentionally collect Personal Information about persons who are not Legally of Age. If we learn that such a Person provided Personal Information to us, we will use commercially reasonable efforts to delete such Information from our databases.
We strongly encourage parents to monitor their children's use of online and mobile applications. We will delete a minor’s Personal Information if a parent so requests by contacting us at firstname.lastname@example.org.
We are doing our utmost to comply with this Policy. If you have any questions, concerns or complaints regarding this Policy, please refer them to: email@example.com. After receiving your request, we may contact you to better understand your concerns and will make all efforts to promptly answer your question, or resolve your complaint.
Version 1.02, effective from July 23, 2015.
End User License Agreement
When you use Cloud IT-All Ltd's (the "Company" or “We”) website, operating under the Fixico brand, or any other website operated by or on behalf of the Company (the "Website") and/or any services offered by the Company (the "Services") and/or any software or mobile application through which the Company provides the Services (the "Software") this End User License Agreement (the "Agreement") shall apply to such use. The Website, the Software and the Services will be jointly referred to as the “Services”.
- Please carefully read the following terms and conditions. By using or accessing the Services, or by registering with the Company to use the Services, you agree to be bound by this Agreement in its entirety and without reservation. This Agreement constitutes a binding legal document between you and the Company and shall govern your use of the Services at all times.
- If you do not agree to any of the provisions of this Agreement you should immediately stop using the Services.
- This Agreement applies to the use of the Services and any content included therein by every computer or other communication means (like cellular phones, PDA's, etc.). This Agreement further applies to the use of the Services via the Internet network or any other communication networks.
- The Company reserves the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time without the need to give you any notice of any such amendment, modification or change. Any modified version of this Agreement will take effect upon publication on the Website (unless stated otherwise by the Company). It remains your responsibility to ensure that you are aware of the current terms and conditions of this Agreement and the Company advises you to check for updates on a regular basis. You agree to be bound by any of the changes made in this Agreement, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Services will indicate your acceptance of the amended terms of this Agreement. If you do not agree with any of the amended terms, then you must refrain from any further use of the Services.
2. Permitted Participation
- No-one under the age of 18 or the age of legal consent for the use of the Services, whichever is higher ("Legally of Age"), may use the Services under any circumstances and any person not Legally of Age who uses the Services will be in breach of the terms of this Agreement.
- By using, accessing or registering with the Services, you declare that you are Legally of Age.
- The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may cancel a person's account and exclude a person from using the Services at its sole discretion if proof of age is not provided or if the Company suspects that a person using the Services is not Legally of Age.
3. Nature and Scope of Services
- The Services are solutions for the management of your end point devices (including, but not limited to, mobile devices (smartphones), laptops and personal computers) (the "Devices") in accordance with your specific requests as to the scope of Services you wish the Company to provide you; such solutions are provided through the use of the Software, part of which is licensed from a third party.
- When using the Services, you hereby authorize the Company to access Devices within your IT environment, or any other Device to which you request our Services to be applied to, make changes to the Devices and any software on these Devices, remove the Software (or any other software from any or all of the Devices, download the Software (or any other software) to these Devices and perform any activity in connection with the Services in relation to the Devices.
- You hereby authorize the Company to perform any actions and tasks in respect of the Devices, as required in order for the Company to provide you with the Services, as further described on the Website. You shall not order the Services to be applied in respect of Devices to which you are not authorized to have the Services applied to, and by ordering the Services in respect of any Device you hereby represent and warrant to the Company that you are authorized to do so.
- At any time, you may change your personal preferences and the way you use the Services, by using the tools provided therein and on your personal account, as may be available from time to time.
- Use of most features of the Services requires an online connection (Wi-Fi, cellular data, broadband) between your Devices and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the Services may be dependent on your wireless service, your Device’s GPS antenna coverage and the wireless coverage within the area in which you are located at that time, where applicable.
- If you downloaded the Software from an application marketplace, such as Google Play, other third parties may be beneficiaries of this Agreement, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the Software.
4. Changes in the Services and discontinuation
- The Company may, but is not obligated to, maintain the Services, or any part thereof, with periodic releases of bug fixes, code updates or upgrades. We will determine, at our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against the Company or its staff, for any of these releases or the lack thereof.
- You grant us your express consent to remotely send and automatically install on your Device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Software, which, among other things, may change the Software's settings, layout, design or display.
- From time to time, the Company may release updates, upgrades, new releases and new versions of the Software, enhancements and error correction patches (collectively "Updates"). We may provide you with Updates, at our sole discretion, with or without charge. These Updates, insofar as offered, may add or remove Software functionality and features, and change the Software’s structure, layout, design, look and feel or any other aspect. Such Updates, by their nature, may cause malfunctions or inconvenience. You will have no plea, claim or demand against the Company in connection with such Updates or any malfunctions caused as a result of such Updates. For the avoidance of doubt, the Company is not obligated to offer or provide any Updates for the Software.
- The Company may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Services. Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
- The Company may, at any time, at its sole discretion, discontinue or terminate the operation of the Services, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the provision of the Services, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
5. Services availability and support
- The availability and functionality of the Services depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. The Company does not warrant or guarantee that the Services will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
- The Company may, but is not obligated to, offer technical support in connection with your use of the Services, in the format, frequency, scope and scheme that the Company, at its sole discretion, determine from time to time. You will have no plea, claim or demand against the Company or its staff in any matter related to its provision of technical support, or for the lack thereof.
- The Company hereby grants you a non-exclusive, revocable, non-rentable, non-leasable, limited, non- assignable, non-sub-licensable, non-transferable license to use the Software and the Services, subject to the terms and conditions of this Agreement (the "License") and until the termination or expiration of this Agreement or the termination of your Services account,. For the avoidance of doubt, you do not acquire any rights whatsoever in and to the Services beyond the rights granted in accordance with this Agreement, and you may only use the same in complete accordance with this Agreement.
- You may use the Software only in conjunction with the Services, and you shall not copy, modify or distribute the Software nor reverse assemble, reverse compile, reverse engineer or otherwise translate the Software.
- BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU LEGALLY OF AGE.
- In order to use the Services, you are required to complete a registration process and open an account with the Company as outlined in the Website. Within such process, you must fill in the obligatory fields in the registration form, as well as choose your password. We may ask you to provide us with certain contact and personal details, such as your full name and an active e-mail address.
- You hereby represent, warrant, acknowledge and undertake that the details you submit during the registration process are true, complete and correct, and that you will update them immediately upon any change thereto. Bear in mind that false, incorrect or outdated information may prevent you from registering and impair the Company’s ability to provide you with the Services and contact you.
- You will cooperate with the Company and provide it with all requested documentation in a full, complete and truthful manner. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Services, or when you submit requests related to your account on the Services. If you fail to provide us the requested information, we reserve the right to suspend or terminate your account.
- You shall be fully and solely responsible to reserve in confidentiality your password and not to transfer it to another. The full responsibility for an unauthorized use of your password lies solely with you, and you will bear, alone, all responsibility derived of an unauthorized use of your password or your account. We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account. Make sure that you change your password frequently and at least once every six months. You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.
- In addition, you must provide the Company with details of a valid payment means. You hereby represent, warrant, acknowledge and undertake that the method of payment (e.g. credit card) information you provided to the Company are of means of payment owned by you and in your name (or that the owner of the means of payment provided you with all required consent to use that means of payment for purchasing the Services, and you are acting within the confines of that consent) and were not stolen or reported as lost. The Company is not obligated in any form or manner to validate the consent granted to you by the owner of the means of payment which you use.
8. Intellectual Property
- In this Agreement, "Intellectual Property Rights" shall mean all intellectual property rights, whether registered or not, including, without limitation, patents (as well as continuations and re-issuances), copyrights, design rights, trademarks, service marks, trade names, trade secrets, utility models specifications, inventions, know how recognized under any applicable law including any applications therefor, and any other intellectual property right in or related to the Services.
- The brand names relating to the Company and/or the Services, including but not limited to "Fixico" and any other trademarks, service marks and/or trade names used by the Company (the "Trade Marks") are the property of the Company and it reserves all rights to such Trade Marks. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company and other providers of the Service. You must refrain from any action or omission which may dilute, or tarnish the Company’s goodwill.
- The Company and its licensors reserve all rights, title and interest in and to the Intellectual Property Rights in the Software, the Services and the Website, and any goodwill associated therewith, and all other content, including but not limited to the images, pictures, graphics, photographs, animations, videos, music, audio and text available on the Services.
- Unless otherwise expressly permitted in the Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Services, which is subject to Intellectual Property Rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
- You do not gain any Intellectual Property Rights in or to the Services, save for the right to use Services in accordance with the terms of this Agreement and the license provided herein.
- Without derogating from the above, if you make any modifications and/or derivative work in respect of the Services and/or Software, any such modifications and derivative works will be solely owned by the Company, and you will have no right or title in such modifications and derivative works. You agree to execute any document and provide any assistance required ensuring vesting full title and ownership of such modifications and derivative works in the Company.
10. Third Party's Links and Commercial Information
- The Company may incorporate in the Services advertisements and/or information of commercial nature. The source of such information may originate from the Company or from third parties. If such information originates from third parties, the Company cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised. The Company may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.
- The Company does not endorse, warrant or guarantee the quality or appropriateness of the products or services available through these advertisements. The Company is not responsible for the products and services offered by such third parties, and disclaims any liability for such products and services.
- The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
11. Your Representations and Warranties
- You are Legally of Age, of sound mind and capable of taking responsibility for your own actions.
- All details provided by you to the Company either during the registration process or at any time thereafter, are true, current and complete. You will promptly notify the Company of any changes to details previously provided by you to the Company. Should any of the information that you provide to the Company be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of this Agreement and the Company reserves the right to prevent you from using the Services, in addition to any other action that the Company may choose to take.
- You shall use the Services in complete accordance with the terms and conditions of this Agreement, as amended from time to time, or any other applicable rules and instructions that we may convey with respect to the use of the Services and any part thereof.
- You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Services.
- You shall use the Services only in good faith towards the Company and any other third party. In the event that the Company deems that you have been using the Services in bad faith, the Company shall have the right to prevent you from using the Services, in addition to any other action that the Company may choose to take.
- You hereby agree to receive from the Company communications electronically, and waive any argument or claim you may have in respect of the form of communication (including, but not limited to, any legal requirement re written documents).
- You have the right to implement the Services in respect of any and all of the Devices.
- You will use the Software as provided by the Company, and will not attempt to dis-assemble the Software and attempt to use any portion of it in separation of the rest of the Software.
- Any directions, suggested usage or guidance provided by the Services do not constitute legal, accounting or other professional advice, and you are cautioned to obtain your own legal or other expert counsel. You are solely responsible for ensuring that you and your activities, applications and systems comply with all applicable laws, regulations, standards and practices. Use of the Services does not guarantee compliance with any law, regulation, standard or practice.
- The Software may contain cryptography. Transfer to, or use by, users of the Software may be prohibited or subject to export or import laws, regulations or policies. You assume all responsibility for complying with all applicable laws, regulations, and policies regarding the export, import, or use of this Software.
- Interfering with, burdening or disrupting the functionality of the Services;
- Breaching the security of the Services or identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the Services, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Services;
- Sending automated or machine generated queries;
- Using robots, crawlers and similar applications to collect and compile Content from the Services or send data to the Services including for the purposes of competing with the Services, or in such ways that may impair or disrupt the Service's functionality;
- Displaying content from the Services, including by any software, feature, gadget or communication protocol, which alters the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- Linking to the Services from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
- Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
You represent, warrant and acknowledge that:
When using the Services, you agree to refrain from willfully, or negligently -
12. DISCLAIMER OF WARRANTY
- THE WEBSITE, SERVICES, SOFTWARE, THE CONTENT INCLUDED THEREIN AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT ARE PROVIDED FOR USE ON AN "AS IS" AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE WEBSITE, SERVICES, SOFTWARE, THE CONTENT INCLUDED THEREIN AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT, OR THAT THE USE OF THE SAME WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE WEBSITE, SERVICES, SOFTWARE AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT LIES WITH YOU.
- THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, SOFTWARE, THE CONTENT INCLUDED THEREIN AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, SERVICES, SOFTWARE, , THE CONTENT INCLUDED THEREIN AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT, THE SERVER THAT MAKES THE SOFTWARE, AVAILABLE OR ANY ELECTRONIC COMMUNICATION SENT BY THE COMPANY ARE FREE OF VIRUSES, ADWARE, MALWARE AND/OR OTHER HARMFUL CONTENT OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES, SOFTWARE, THE CONTENT INCLUDED THEREIN AND/OR ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT.
- IN THE EVENT OF SYSTEMS OR COMMUNICATIONS FAILURES OR ERRORS, VIRUSES MALWARE OR OTHER HARMFUL CONTENT RELATING TO YOUR ACCOUNT, THE WEBSITE, SERVICES, SOFTWARE AND ANY DELIVERABLE DELIVERED IN ACCORDANCE WITH THIS AGREEMENT RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE (INCLUDING ANY DEVICE),, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU OR TO ANY OTHER THIRD PARTY.
- THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE AND THROUGH WHICH THE SERVICES ARE PROVIDED.
- THE LICENSORS OF A PORTION OF THE SOFTWARE EXPRESSLY DISCLAIM THE SAME WITH RESPECT TO THE SOFTWARE.
13. Limitations of Liability
- You agree that you are free to choose whether to use the Services and do so at your sole option and discretion.
- The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party's use of the Services, whether direct or indirect, including, without limitation, any special, incidental, exemplary, indirect or consequential damages, damage for loss of business, loss of profits, business, revenue, goodwill, anticipated savings and/or loss of business information, be it direct or indirect (even where the Company has been made aware by you of the possibility of such loss or damage). The licensors of the portion of the Software expressly disclaim the same with respect to the Software.
- IN NO EVENT SHALL THE COMPANY’S LIABILITY FOR DAMAGES OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) CONNECTED AND/OR RELATED TO THIS AGREEMENT AND/OR THE SERVICES, EXCEED THE GREATER OF (A) EURO 10,000 OR (B) 100% OF THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH THIS AGREEMENT.
- You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or take down of the Services or any part thereof.
- You agree that, in the event that the Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Services or any error or omission, the Company will not be responsible for any loss and/or damage that may result.
14. Breach of this Agreement
- You agree to fully indemnify, defend and hold the Company and its officers, directors, shareholders, advisors, contractors, licensor and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you.
a. any breach of this Agreement by you;
b. any violation by you of any law or the rights of any third party; and/or
c. use by you of the Services or use by any other person accessing and/or using the Services using your account, whether or not with your authorization.
15. Duration and Termination
- This Agreement shall come into force immediately upon your completion of the registration process and shall continue in force unless and until terminated in accordance with its terms.
- The Company may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Services and take technical and legal measures to keep you off the Services, immediately without notice, if the Company determines, at its sole discretion that -
- You have abused your rights to use the Services; or,
- You have breached the terms of this Agreement; or,
- You have performed any act or omission that violates any applicable law, rules, or regulations; or,
- You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Services; or,
- You used of the Services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- You have abandoned your account for more than six (6) months since your last use of the Services; or,
- You deliberately submitted false information or have failed to comply with our reasonable requests for information regarding your identity; or,
- You conveyed your password or Service account details to another person or entity; or,
- You are in debt to us.
- The right to terminate this Agreement given by this clause, or anywhere else in this Agreement, shall not prejudice any other right or remedy of the Company in respect of the breach concerned (if any) or any other breach. It is in addition to any remedies that may be available to us under any applicable law.
- You may terminate this Agreement via the termination procedure outlined in the Website.
- Upon the termination of this Agreement for any reason, (i) you will not have access to your account, the Software or the Services, (ii) all copies of the Software and any associated documents provided by the Company shall be erased and destroyed, (iii) the Software will be removed from all Devices, and (iv) the Company shall maintain the right to keep any information collected by the Company during the term of this Agreement.
- The termination of this Agreement shall not relieve you of the obligation to pay for the Services provided during the term of this Agreement.
- If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the rest of the Agreement shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
- No waiver, concession, extension, representation, alteration, addition or derogation from the terms of this Agreement by the Company, or pursuant to such terms, will be effective unless consented to explicitly and executed in writing by the Company's authorized representative. Failure on the Company's part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under such terms..
- Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
- Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.
- This Agreement contains the entire agreement between the Company and you relating to your use of the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation by the Company or anyone on its behalf.
- The Company may incorporate the Services as a separate company or transfer ownerships rights and title in the Services, to a third party, provided that your rights according to the terms of this Agreement are not compromised by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Service and you hereby give your prior consent thereto..
- The section headings in this Agreement are included for convenience only and shall take no part in the interpretation or construing of this Agreement. "Including", whether capitalized or not, means without limitation.
- You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement, without the prior written consent of the Company.
- Without derogating from the above, this Agreement shall be binding on you, as well as any of your assignees and successors in title.
17. Governing Law, Jurisdiction
- regardless of your place of residence or where you access or use the Services from, This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of the State of Israel (excluding its conflict of law provisions) and you hereby irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of the Tel Aviv District, Israel, to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation, termination or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement, the Website, the Software and/or the Services.
- Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of this Agreement, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.
Version 1.02, effective from July 23, 2015.
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