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Terms of Service 

Haim Tov Ltd., company no. 514728310 (herein: "the Company," "we" or "us") established and developed a second hand market platform, available to users through an application named Shareitt (herein: "the App") which allows its users to offer, exchange and receive second hand items (herein: "the Items"), and to provide accompanying services as described in detail herein (herein: "the Services"). The terms of service described in this document regulate the manner in which access to the App and Services shall be carried out and the manner in which they shall be used (herein: "Terms of Service," or "Terms") The Company's Privacy Policy, available on https://www.shareitt.com/termsandconditions regulates the manner in which personal information (as defined in the Privacy Policy) is collected, processed and transferred when necessary by the Company (herein: "the Privacy Policy"). 

 

The Terms of Service described herein are worded in the masculine for convenience purposes only and are intended for all users, regardless of gender. Thus, the term "his" as it appears in the document relates to each and every App user.

 

Please read the Terms of Service carefully. By clicking on the "Agree" button you are confirming your agreement to be bound by these Terms of Service and Privacy Policy. The Company reserves the right to update the Terms of Service from time to time, according to its sole discretion. Each update will be valid beginning on the date the updated version of the Terms of Service is posted on the App. If you do not agree to the Terms, in part or as a whole, you may not use the App or Services for any purpose whatsoever and will not have the right to make any claim or demand, legal or otherwise, towards the company. 

 

  1. General Background and Description

    1. The App was created from the desire to encourage a cooperative economy, to allow people to use the many products and items we all have at home and are not being used. These are items that we are no longer using but which others may want and would be happy to exchange with us. So instead of throwing these items away, we may exchange them with others and improve our well-being and quality of life and many items will be reused instead of finding their way to the dump.

    2. In other words the objective of the App is to allow each user to wisely use the vast surplus of items that isn't being used and exists in people's homes, benefit from them and gain the opportunity to obtain other relevant items. Thus, for example, a family may upload and exchange children's clothing items that they have outgrown or those that were never worn, and receive toys, books, furniture or any other item that may be of use to them.

    3. When we examined what it would take to allow people to exchange items conveniently and efficiently, we reached the conclusion that it is necessary to create an aid through which the cooperative economy may function. What are the chances that when I decide to give away a certain item, I discover that the person who wants to receive that item wishes to exchange an item of equal value that I actually want and have use for? Slim to none. Therefore, the cooperative economy must include a convenient means through which each user may offer and search for and receive items from others.

    4. For this purpose, we invented Shareitt Points (herein: "points" or "Shareitt points"). These points are the means for exchanging items with others – receiving points from people to whom we transfer items or transferring points to people who give us items.

    5. Please note that although we and other users may make use, from time to time, of other terms such as "Shareitt coins" it must be stated that: even if the term "coin," "point" or other is used, Shareitt points are not a currency, nor are they intended to be a currency. The may be used solely within the App and for the sole intention of receiving products and items from other users. Shareitt points may not be traded beyond the App or in a manner that is not explicitly permitted by the App itself. Therefore, in spite of the use of these terms (including within but not exclusive to these Terms of Service), Shareitt Points are not a "currency" or "money" or a "virtual currency", but an internal means to enable the exchange of items on the App in a convenient and practical manner.

    6. Moreover, although this is a cooperative economy that is managed without money, we and other users may make use, from time to time, of terms such as "sale" and purchase". As they are common terms for these actions, we all tend to use them intuitively. Therefore, for the purposes of these Terms of Service, "sale" shall refer to the offering of an item or in exchange for Shareitt points. The use of these terms shall not alter the legal nature of these actions: exchanging items without money, nor will it instill usage of a corporate or commercial character in the App.

    7. Use of the App is currently made without payment or compensation to the Company. Nevertheless, the Company may change these conditions in the future and put in place various mechanisms for participation in Services, such as periodic usage fees or other arrangements. Each and every change will be accompanied by a proper notice to users via the App and/or Services, and in any case, users will not be charged a fee unless explicitly agreed upon. Moreover, the Company may generate income from activities and Services in connection with the App, including advertising, information services, supplemental services, etc.

  2. Use of the App and Services

    1. You are authorized to use the App and Services subject to and in accordance with the Terms of Service. In compliance with the Law, the Company reserves the right to suspend, terminate or refuse the App and/or Services according to its sole discretion. Any notice regarding suspension or termination will be tendered via the App. In compliance with the Law, the Company is not accountable for any damages which may result from any changes, suspension or termination of the App and/or Services. 

    2. Use of the App and/or Services and the access to them are null and void in the case that the use of or access to them are forbidden by any law, regulation or other obligation.  You hereby undertake that: (a) any information that is provided during the registration process is true, accurate, up to date and full; (b) you will uphold the accuracy and truth of this information; (c) you are eighteen (18) years of age or older and are entitled to enter into a binding agreement; (d) your use of the App and/or Services is not in violation with any law or regulation or any undertaking you may have with a third party; and (e) any use you make of the App and/or Services shall be subject to the Terms of Service and the Law. In case you are under the age of eighteen (18), your use of the App and/or Services according to these Terms is conditional upon the consent of a parent or guardian; insofar as we discover that you are under the age of eighteen (18), we reserve the right to suspend your account up until receipt of the aforementioned consent, to our satisfaction.

    3. In order to use the Services, in compliance with agreement to the Terms of Service, you must create a user account on the App. During the registration process, you must provide certain information, including your name and phone number. It is possible that we will request additional non-obligatory information, and you may provide that information, according to your discretion, but the provision of this information may assist us in improving the provision of Services for you. We may change the registration process according to our discretion. As long as you have a registered account, you undertake: (a) that you are aware that you are fully accountable for the security of your account; and (b) to notify the Company immediately regarding any unauthorized use of your account or password.

    4. Registration for the App and Services is made possible under the following conditions:

      1. The user is an individual. Usage of the App by corporations of any kind will not be permitted, including, inter alia, companies, partnerships, non-profit organizations, cooperative associations.

      2. The user is a resident of the United States of America.

      3. The user is not undergoing insolvency processes, is not under protected status, and his legal competence to enter into an agreement and buy/sell items has not been annulled. 

      4. The Company reserves the right to suspend your account during the usage period in order to examine user content (as defined below) that is uploaded to the App in order to assure its consistency with and suitability to these Terms.

    5. Access to the App and/or Services is permitted solely for personal use, in accordance with the Terms of Service and any conditions or restrictions connected with the App and/or Services. Any other use of the App and/or Services is subject to the Company's advance explicit written agreement. The App and/or Services shall not be used for commercial purposes. Without derogating from the generality of the aforementioned, only items and products that were purchased for personal use may be offered (in distinction from items and products that were purchased for business purposes). Corporate entities, which trade items, are not authorized to make use of the Services and App. 

    6. You are solely and fully accountable for the safety of your device and your activity while using the App and/or Services, even in the case that you did not execute the activity. The Company will not be held accountable for any losses or damages resulting from unauthorized use of your account. You agree and undertake to indemnify and compensate the company for any improper, unauthorized or illegal usage of your account, and for any debt accumulated or any applicable taxes on such usage and/or on such use of Services (as they apply), save if you notified the Company in writing to info@shareitt.com regarding such use or unauthorized infringement of your account and requested to block it. The Company does not monitor and cannot ensure that it will be aware of any inappropriate use of the Services. The Company may refuse to allow you to register for the App and Services for any reason and according to its sole discretion, subject to the Law.

    7. In any issue, request or complaint regarding the activity and integrity of the App and/or Services, you are welcome to contact us at info@shareitt.com.

  3. Shareitt Points

    1. As described in the above preamble to these Terms, Shareitt points are the means to assist the exchange of items, are not a currency and may not be used other than to exchange items between individuals on the App

    2. Shareitt points may be accumulated in the manners described in these Terms only, and which will be updated from time to time. As of the most recent update of these Terms, Shareitt points may be accumulated in the following manners:

      1. Upon registration, each user is eligible to receive a gift of Shareitt points.

      2. Uploading items to the App may grant eligibility for a gift of Shareitt points.

      3. Inviting other users to the App may grant eligibility for Shareitt points.

      4. Shareitt points may be earned by exchanging items and products with other users.

      5. Shareitt points may be earned by assisting (as defined herein) in the delivery of items and products to other users.

      6. In the future, from time to time, we will define additional ways in which Shareitt points may be earned and accumulated.

    3. Shareitt points may be used only in consideration for receiving items and products on the App from other users on the App and/or in consideration for assistance services as aforementioned. Additional usages of Shareitt points may be approved in the future.

    4. Shareitt points may not be converted to USD or any other currency.

    5. Shareitt points may not be utilized outside the App and they may not be transferred or traded in other systems.

    6. The Company may limit, from time to time, the maximum amount of Shareitt points that a user may accumulate, and may limit the maximum amount for a single action or scope of actions within a defined time period.

    7. Shareitt points are not a means for investment and there is no reason to believe that their value will increase or change.

    8. Shareitt points are not an obligation by the Company towards the users, are not credit or a deposit holding or any financial right. The Company does not hold users' Shareitt coins and does not manage them, exchange them or take any action with them, except for the management of activity logs of actions taken by the users and of the users' point balances.

  4. Closing/ Suspending an Account

    1. You confirm that to the best of your knowledge, the Company may, according to its sole discretion and without prior notice, suspend or terminate your account and remove all content in connection with it for any of the following reasons:                         (1) breach of the Terms of Service (including by report of an Assister, as defined in Section 6.3.3 below); (2) long period of inactivity on your account; (3) fraudulent, harmful or harassing behavior; (4) behavior that is damaging to other users, third parties, to the reputation of the App and/or the Services or our business; (5) business or commercial use of the App; (6) incorrect or misleading advertising of items or complaints of other users in regard to said advertising or regarding inappropriate use of the App; and (7)  a malicious attempt to harm the course of the Company's business by means of censure and/or negative publicity. Upon suspension or termination of your account, you will not have access to any content that was available to you through your account and you will not be permitted to re-register without the Company's explicit consent.

    2. In the case that we deem, according to our sole discretion, that a violation of these Terms or any illegal or improper behavior has transpired, we may take any legal action we consider appropriate. The Company reserves the right to investigate any suspicion of a breach of these Terms or of illegal and/or inappropriate behavior on the App and/or the Services. The Company will cooperate with any investigation by the legal authorities or with any court injunction that requires or instructs it to expose the identity, conduct or any content of each user against whom there is a suspicion of illegal action. Any closure or suspension of your account will not affect your liabilities to the Company under these Terms (including rights, indemnification, and any representations towards us and restriction of liability), which for all intents and purposes will continue to exist after the aforementioned closure or suspension.

    3. You are authorized to request that the Company close your account, at any time and for any reason, by sending a message to info@shareitt.com. The Company will close your account as soon as possible after receipt of your request. The Privacy Policy regulates the treatment of your personal information after the closure of your account. 

  5. Offering Items

    1. The App allows you to offer second hand items for exchange via the App and Services (herein: "the Offer"). In order to offer an item on the App you must act as follows: (a) upload a photo of the item in its current condition, including any flaws; (b) note the condition of the item and provide details about any flaws; (c) choose the delivery method options of the item for the user who is receiving the item; (d) choose the terms of cancelation and return you wish to offer according to the options available on the App; and (e) enter the original price you paid for the item. The App will automatically provide a number of points regarding transfer of the item that take into consideration the type of item, its condition and the original price you paid for it.  You will have the option of offering a discount on the item.

    2. Without derogating from the conditions mentioned in these Terms, the Company may monitor and examine any user content, including the photo and description that shall be uploaded as part of the Offer, in order to ensure its consistency with these Terms. Any user content that does not meet the aforementioned instructions will be removed and we reserve the right to suspend or terminate your account, or to take any corrective action, subject to the law.

    3. At the time of the issue of the Offer, you declare that the item is legal and usable, that you have every right by Law or contract to offer the item, pass it on and transfer its full property rights in your ownership to the person requesting the item.

    4. Without derogating from the aforementioned, products in any of the following categories shall not be offered:

      1.  Alcohol, including alcoholic drinks and kits to prepare alcoholic drinks;

      2.  Animals, with the exception of products for animals such as cages or toys;

      3.  Body parts, including blood and urine samples or teeth;

      4.  Sex toys and sex services;

      5.  Products promoting violence or hatred, racism or unlawful discrimination based on race, gender, sexual orientation, citizenship, religion, personal characteristics, marital status, disability or medical condition;

      6.  Official documents, including documents that were issued by an official institution or government authority;

      7.  Securities, contracts, means of payment and official currencies, including bonds, promissory notes, official currency notes, stocks and options, checks and letters of guarantee;

      8.  Food;

      9.  Marketing materials or their distribution under supervision and/or regulation by Law;

      10. Hazardous materials, including insecticides, flammable, explosive and poisonous materials;

      11. Medical, paramedical and pharmaceutical products, including medical instruments, medication, over the counter medication, vitamins, food supplements, contact lenses, milk pumps, thermometers, syringes and first aid accessories; 

      12. Smoking and tobacco products; 

      13. Weapons and accompanying parts;

      14. Antiquities, as defined in the Antiquities Law – 1978, with the exception of what is explicitly permitted by Law;

      15. A faulty item that caused harm to its owner, including an item that was part of a recall; and

      16. An item whose illegal ownership may be a criminal offence by law.

  6. Receiving, Offering and Transferring Products 

    1. You may choose products that are offered on the App according to the terms of the Offer (herein: "the Acquisition"). In order to make an Acquisition, you must make a request to receive the item from the person making the offer in accordance with the conditions of the offer via the chat system on the App. If you do not have enough points, you will not be able to make the request as described above – points may only be transferred in a single transaction. From the moment the person making the offer receives and approves your request for the item, the number of points noted in the offer will be debited from your account and credited to the account of the person making the offer.

    2. Upon the completion of the Acquisition, the item will be transferred (herein: "the Transfer") in accordance with the conditions of the offer or as agreed between the person making the offer and the person making the Acquisition. Cancelation and return of the item to the person who made the offer will be carried out in accordance with the conditions that apply or that will be agreed upon between the parties. It is hereby declared that transfer of the item, as well as cancelation and return, are the responsibility of the parties, disengaged from the Company, and the company will hold no responsibility in any related manner, including as a result of a failure of transfer, incompatibility of the item to your expectations, or to the conduct of any of the parties or someone on their behalf, nor will the Company be a party to any resulting dispute, if and when one arises between the parties. As far as the parties implement a cancelation and return, both parties must inform the Company, and the Company will refund all points in good time.  

    3. In order to collect an item, it is possible to connect with another user who will assist and transfer the item for you in return for points (herein: "Assist").

      1.  The number of points for each Assist is fixed in advance in accordance with the type of Assist: (a) storage of the item by the person assisting until collection by the person receiving the item, and/or (b) delivery of the item to the person receiving the item at the desired address. In order to order the Assist, you must act in accordance with the directions on the App. From the moment the person receiving the item confirms on the App that delivery has been completed, the number of points noted will be debited from your account and credited to the account of the person executing the Assist.

      2.  It is hereby declared that users interested in carrying out Assists (herein: "Assisters") will be defined as Assisters only upon approval by the Company and according to its sole discretion. If you wish to be an Assister, please contact us via the App.

      3.  As an Assister, you declare and undertake that: (a) you are in possession of all the appropriate licenses and rights in order to execute the Assist in the manner you have chosen; (b) by executing the Assist you are not violating any law or regulation or any obligation that you may have towards any third party; (c) you are accountable for the item you are transferring in the duration of the period that the item is in your possession; (d) during the Assist, you will make every reasonable effort to maintain the safety and integrity of the item being transferred; (e) during Assist, you will act in accordance with the Law, with these Terms and with the Company's instructions, if and as they exist; and (f) you shall report to the Company every use of an App and/or Service user that does not befit these Terms and/or the instructions of the Law, that shall be brought to your knowledge throughout the duration of the Assist.

      4.  In spite of the abovementioned, it is hereby stated that the parties to the Assist (namely the Assister and the user who is requesting the services of the Assister), are accountable for the association made in the framework of the Assist and its results, and the Company shall have no accountability in any related matter, including as a result of incompatibility of the Assist to your expectations, or the conduct of one of the parties or anyone on their behalf, and the Company shall not be a party to any dispute between the parties as a result thereof, if and when one shall arise.

  7. Limitations
    Without derogating from the contents of these Terms, none of the following actions shall be taken in connection with use of the App, the Offer, the Acquisition, the Transfer and/or the Assist: (a) discrimination against another user based on background, race, gender, sexual orientation, citizenship, religion, personal characteristics, marital status, disability or medical condition; (b) a contrived action, either coordinated or whose main purpose is to defraud the App system; and/or (c) an Offer or Acquisition whose purpose is linked to commercial activity that is not related to the App. Without derogating from the instructions of these Terms, it is hereby stated that in any instance of violation of the limitations of this clause or any of the Terms, the Company will be authorized to contact the user suspected of the breach and to take any legally sanctioned action in order to correct the breach, and the user shall not have any claim in its regard.

  8. Content

    1. Various types of content may be available to you via the App and/or the Services, including products, Offers, pictures, descriptions, information, data, recommendations and all other material in connection with or resulting from the above. Moreover, the App and/or the Services enable you to add content and/or certain data (herein: "User content"). All content that is displayed or added to the App and/or Services by the Company, anyone on its behalf or  by Users (including user content), shall together be known herein as – "Content". Within the framework of the Services offered to you by the App, the online chat system allows you to be in contact with other users and/or with the Company, to learn about offered products, to ask the Company questions regarding use of the App and the Services, according to your needs. Use of the system as mentioned above and all Content that shall be sent through it, will be considered User content.

    2. You are solely responsible for all User content that you upload and/or Content that we produce for you and according to your request. You declare and undertake that the User content meets all instructions of the Law, that you hold all the rights required to upload the User content to the App and/or Services, and that the User content does not infringe upon (or lead to an infringement of) intellectual property rights, moral rights, publishing rights or privacy rights of any third party. We do not undertake to receive, present, review or maintain any User content. Moreover, we reserve the right to remove and permanently delete all content, including User content that was uploaded or altered by a user, without prior notice for any given reason and at any given time. We do not promote any Content, opinion or recommendation expressed by any user, and we expressly retract any accountability relating to Content, including and without limitation, User content.

    3. We may choose, according to our sole discretion, to monitor User content in order to identify any inappropriate or illegal behavior, including by automatic means; nevertheless the Company is not obligated to monitor User content or the manner of usage of the user of the App and/or Services. The Company may do so, and may remove User content and/or limit use of the App and/or the Services, if according to its discretion the abovementioned use or User content violates any of the User's obligations according to these Terms. Moreover, the Company reserves the right to edit, delete, distort, change or transfer User content from the App and/or Services without prior notice, for any given reason and at any given time. Furthermore, the Company may refuse to transmit, send by electronic means, distribute or advertise any User content (including the option not to allow users to advertise or distribute User content through a third party) without prior notice, for any given reason and at any given time.

    4. Subject to the Law, the Company is not accountable for the accuracy, truth, benefit, safety or property and/or intellectual property rights regarding the Content, either directly or indirectly.  Although App users are obligated to agree to these Terms, you may be unwillingly exposed to third parties who produce damaging or indecent materials. You hereby waive any right or legal remedy or remedy by force of law in your regard or that may be credited to you regarding the aforementioned. We explicitly reject all accountability, pertaining to any action, regardless of the type of action or fault of users or third parties (including unauthorized users), whether the action or fault was generated while using the Service or in any other manner. 

  9. Content Restrictions
    Without derogating from the abovementioned, you undertake not to send, issue or upload User content which: (a) violates legal rights of third parties, including hate speech, hurtful, threatening, harassing or inappropriate content, including from activities offered in the framework of the Services and/or on the App; (b) violates (or is likely to violate) property rights, intellectual property rights or any other right of a third party; (c) constitutes (or which you believe constitutes, or presumably constitutes) content that is or that involves material that is illegal, forged, stolen, plagiarized, unauthorized or that promotes any illegal, unauthorized or violent act; (d) fails to abide by all pertinent laws, terms or regulations; (e) contains misleading or false information or a misrepresentation that may harm the Company or any third party; (f) creates an unusual, unreasonable or disproportionate encumbrance on our infrastructure; or (g) circulates, stores, analyzes, offers or solicits one or more of the actions described hereafter, or which you are aware contains links to any of the following: (1) damaging materials (including material promoting or glorifying hate, violence, jealousy or any entity (in the past or present) that promoted such harmful material); (2) racist, defamatory, harassing or threatening material; (3) pornography (also including any coarse materials and anything describing children in circumstances including sexual innuendo, whether or not depicting actual children); (4) any virus, Trojan horse, or any other damaging or disruptive component; or (5) any material encouraging conduct that may be considered a legal offense, consisting of grounds for civil liability, violating any law or regulation that is inappropriate in any manner.

  10. Usage Restrictions
    With the exception of usages that are expressly permitted by these Terms, you shall not, nor shall you cause any other party to modify the App and/or Services. You undertake that you and/or anyone on your behalf will not take any of the following actions: (1) modify, edit, copy, extract information, match, sub-license, translate, sell, reverse engineer, disassemble or reassemble any component of the App code, including the database, and similar actions relating to the hardware and software used for providing the Services; (2) attempt to impede, prevent, tamper with or disrupt in any manner the features associated with the security of the App and/or the Services or features that shall prevent or limit use; (3) place  the App, or any part thereof, within the framework of another website and/or make any commercial use of it, without prior written notice of the Company; (4) use any robot, retrieval or search engine, or any other automatic or manual tool that is programmed to index, locate and retrieve information on the App or any similar tool that is programmed to expose the structure of the App's database and code; (5) impersonate any person or organization, including a representative of the Company and/or provide a distorted description or false representation of an association to any person or organization and/or upload onto the App, transfer, send or transmit any false and misleading material and/or material that was intended to deceive any user or organization or make use of the account or password of another user without obtaining his prior consent in writing; (6) collect or hoard personal information on other users for financial gain or illegal purposes or circulate spam mail to App servers and/or to App and/or service users; or (7) make any use of the App and/or Services in a manner that is not sanctioned by these Terms and/or the Law.

  11. Intellectual property

    1. The App, Services, and all data and information available on the App and/or through the Services are the sole property of the Company or third parties who allow the Company to use them, and usage of the App and/or Services will not be considered provision of any licenses or rights in the intellectual property of the Company or third parties, as the case may be. Copyrights of the App and of the concept upon which the App and/or the Services are founded, including trademarks, App design, and of every other action on the App and/or the unique and exclusive Services of the Company are reserved to the Company. You shall not copy or reproduce the Content or any part of it found on the App and/or making any use of it or its basic information, including commercial use, without the explicit prior written agreement of the Company. Moreover, no modifications shall be made to the App and/or the Services, nor shall you copy, circulate, transmit, publicly present, duplicate, post, advertise or provide any third party with any part of the App and/or Services without the prior written consent of the Company.

    2. User content that you provide, transmit, publicize and/or upload while using the App and/or Services is your exclusive property and all intellectual property rights in your User content are your own. In the provision, transmission or uploading of any User content, in association with the App and/or Services, you grant (a) other users a license for limited use subject to the Terms of Service, and (b) the Company, its heirs and its creditors a permanent and unlimited license that is global, non-exclusive, without royalties, and is transferrable, may be used, copied, circulated, transmitted, modified, and from which derivative works of said User content may be created, including and without limitation, for any commercial use.

    3. If you believe that there is content on the App that violates your intellectual property rights, you may contact the Company at info@shareitt.com, and the Company will act, in accordance with the Law, to prevent the said breach.  

  12. Limitation of Liability

    1. The Company is not a party to the transactions between the Users on the App, and does not examine the content of the posts made by the parties. Subject to the Law, the Company shall not be liable for any inconsistency, deficiency, deception or error in regard to the Content of the App and/or Services, including in regard to the quality or consistency with the description of the products offered on the App. Subject to the Law, the Company shall not be liable for any damages, direct or indirect, caused as a result of use of the App and/or Services.

    2. You declare that you are aware and agree that the usage of the App and/or Services is your sole responsibility. Use of the App, the Services and/or the Content therein is provided as is and as available in accordance with the Company's decision and without any liability, including their compatibility with your personal use.

    3. You shall have no claim, suit or demand of any kind towards the Company in regard to these Terms and/or the App and/or Services, their abilities, limitations or compatibility with your needs. Subject to the Law, any dependence upon the content is your sole responsibility and the Company denies any liability, explicit or implicit, in regard to the accuracy, reliability, meeting set times, keeping up to date, quality, integrity, usefulness, security or performance of the App and/or Services and/or that all the information available on the App and/or its content will be without error or that any error, as far as it exists, will be rectified. 

    4. Subject to the Law, the Company rejects any obligation of any kind, explicit, implicit or by Law, and does not guarantee that the App and/or Services will be provided accordingly or without interruption, nor does it guarantee their quality, their security, their resistance to unauthorized access to your computer and/or to the Company's software or to damage, breakdowns, malfunctions or failures, including in hardware, software, in communication lines and systems of the Company, its suppliers or your own, and you shall not have any claim towards the company in this regard. You are aware that is possible that in the future the Services may not be available as a result of maintenance or upgrade needs, or for any other reason.  

    5. Subject to the Law, the Company, its management, directors, employees, emissaries or shareholders shall in no way be responsible or liable to you or to any other third party for any loss, damages or compensation, including, without limitation, damages or compensation that are general, incidental, consequential, ancillary, secondary, indirect, direct, punitive or distinct (including, inter alia, damages as a result of data loss, software loss, provider costs of an alternative service, violation of privacy or interference in the service) resulting from all matters relating to these Terms, from use or from the inability to use the App and/or Services, the Content and/or anything in their regard, from the Offer, Acquisition, Transfer and/or Assist, or as a result of unauthorized use of the App, as a result of modifications in the information you provided, including damages caused by profit losses, use and loss of information and other intangible assets, even if the Company received notification regarding the likelihood of such losses. The total and cumulative liability of the Company in the framework of any of the conditions in these Terms shall not exceed the amount you paid the Company in connection with the Services for the period of three (3) months prior to the relevant claim. Subject to the Law, if you have not paid the Company for the Services, the Company shall have no liability towards you.  

    6. Throughout the course of your use of the App and/or Services, personal information may be received from you. Any use made by the Company of your personal information that was received during your use of the App and/or Services shall be subject to the explicit instructions of the Privacy Policy. Without derogating from the terms of the Privacy Policy, you are aware that by providing the said personal information, including and not limited to contact information, you declare that you are aware of the risks involved and you release the Company from any resulting liability.

  13. Indemnification
    You undertake to bear full responsibility for any direct or indirect result of your use of the App. In accordance, you agree to indemnify the Company, its employees, managers and/or anyone on its behalf and to protect them from any claim, suit, demand, loss, profit loss, payment, expense or damage, including legal fees and court fees (including of any third party) resulting, directly or indirectly from: (a) a breach of one or more of the Terms of Service by you or anyone using your device or personal account; (b) your manner of use or attempts to access the App and/or Services; (c) your violation of any applicable law; (d) your violation of any right of the Company and/or third-party (including intellectual property) (e) your violation of any of your representations or obligations in the framework of these Terms; and (f) any other issue for which you are liable by law.

  14. Links
    There may appear, on the App, links to websites and content that are not operated by us. These links are displayed for the convenience of users only; we have no control over these sites and hold no accountability for the content therein. Display of these links is not a testament to our support and/or promotion of the content presented in said sites or to any other association with them or with their operators. We recommend that you use your discretion and take precautions in using any third party sites. We are at liberty, at our sole discretion, to remove any link from the website and/or add additional links.

  15. Lack of supervision and deregulation 
    As of this time, the Company's activity and the activity of the App and Services are not subject to any designated supervision or regulation. To the extent that there shall be a dispute between users, said dispute shall be resolved among them, through applicable legal processes for examining and settling disputes.

  16. Miscellaneous
    Any conflict and/or legal issue regarding these Terms shall be deliberated and decided solely before the courts authorized to do so in the State of Israel and will be in their exclusive legal jurisdiction. Any proceedings carried out in regard to these Terms and in regard to any matter resulting from or involving them, including their interpretation, shall be the exclusive jurisdiction of the State of Israel. To the extent that it shall be determined that any of these Terms is not valid or enforceable by the Court of Law authorized to do so, then the Terms whose validity has been annulled or which may not be enforced shall be considered replaced by valid terms which may be enforced, the content of which is consistent, to the closest possible degree, with the meaning and the intent of the original Terms, while the remainder of the Terms shall retain their validity. There is nothing in these Terms to create any extension, employment, joint venture or partnership between you and the Company or to provide you with the authority to act on behalf of the Company. According to the current legal state of affairs, sale of personal items between individuals, carried out in a non-commercial manner, is not expected to be subject to taxation. Nevertheless, insofar as it arises that that full disclosure and/or payment of tax is required for sales and/or purchases on the App, each user is responsible to report his activities and pay any applicable taxes. These Terms reflect all of the points of agreement between the parties regarding the Terms of Service of the App and the associations between the parties and shall prevail over any prior agreement or obligation, whether oral or written. The Company may assign, transfer or convert its rights and obligations by these Terms or any part thereof to any third party according to its sole discretion. You are not authorized to assign, transfer or convert your rights and obligations by these Terms or any part of them and any attempt at said conversion will be null and void. Between the parties there shall be no employer-employee relationship, power of attorney, agency relationship or partnership, for any purpose. In the case that we need to contact you, you agree that we may do so by any address and any means available to us, including by email and/or telephone (including text messages).

 

Last Update: March 2021

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