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Terms of Use
iFact Ltd. (“we” or the “Company”) welcomes you (the “User” or “you”) upon using this website (bizibox.biz), and whatever information and tools it contains (which shall collectively be referred to as the “Website”). The terms and conditions set forth below (the “Terms of Use”) apply to your use of the Website, and you may only do so in accordance with such Terms of Use.
Consent to Terms of Use
Please read carefully: By accessing and/or using the website, you confirm that you have read and understood the Terms of Use, including the Privacy Policy (as this term is defined below), which is available on https://bizibox.biz/en/privacy-policy-2 (collectively hereinafter: the “Terms and Conditions”). The Terms and Conditions constitute a binding and enforceable agreement between you and the Company, and you hereby agree to the Terms and Conditions fully and completely.
If you do not agree to any of the Terms and Conditions, you may not access and/or use in any way the Website in any manner, and you are hereby required to refrain from such actions, and leave the Website immediately.
The Website
The purpose of the Website is to promote, advertise, outline and provide useful marketing information about the services provided by the Company.
The Website may contain contents, documents, texts, files, logos, icons, images, videos, databases, technical data, knowledge, specifications, the “look and feel” of the Website, interface, GUI, interactive features, graphics and other features that are available on or via the website (“Content”). All rights in and to the Content are the property of the Company and/or have been lawfully licensed to the Company.
Furthermore, the Website enables users to contact the Company through a Contact Us form posted on the Website (hereinafter: “Contact Us Form”).
Please note: The Website and Content are provided to you AS-IS. You agree and acknowledge that use of the Website, and Content made available through the use of the Website, are at your absolute responsibility, and the Company shall not be liable for any outcome that may result from such use. Furthermore, the Company does not guarantee and is not responsible for the functioning of the Website, the provision of all or certain services, functionality speeds, the reliability of the Website and/or any result in connection with or arising from the use thereof. The Company shall not be liable for any damage, including but not limited to, any damage arising from your use of the Content, the Website or the Services provided thereon.
Prohibited Uses
You may not take certain actions while using the website. Failure to comply with the following instructions may expose you to civil and/or criminal liability.
You are not permitted (and you may not permit any third party), unless expressly allowed for in these Terms and Conditions: (a) to use the Website and/or Content for any illegal, immoral, unauthorized and/or prohibited purpose; (b) to use the Website and/or Content for commercial or non-private purposes, without the Company’s express advance written consent; (c) to remove or separate from the Content and/or from the Website any restrictions and symbols denoting proprietary rights of the Company or its licensors, including all symbols appearing therein (such as ©, ™ or ®), and you hereby warrant and acknowledge that you shall comply with all applicable laws in this respect; (d) to violate and/or infringe other users’ rights to privacy and any other rights, or collect personally identifying information about users without their express consent, manually or through the use of any robot, spider, crawler, any search or retrieval application or the use of manual or other automatic means, processes or methods to access the Website and retrieve, collect and/or extract information; (e) to damage or disrupt the operation of the Website or its hosting servers or networks, or to violate any law, regulation, requirement, procedure or policy of such servers or networks; (f) to make false statements or misrepresentations with respect to your affiliation with any person or body, or to state in any manner, express or implied, that the Company is either affiliated with you in any manner whatsoever, sponsors you, supports you, your website, your business or your declarations, or to present any false or inaccurate information about the website or the Company; (g) to perform any act that creates or is liable to create any overload or unreasonable load on the Website’s infrastructure; (h) to bypass any means applied by the Company to prevent or limit access to the Website; (i) to copy, amend, modify, adapt, disclose, provide access, translate, direct, reverse engineer, convert a binary file to source code, decompile or separate any part of the Content or the Website, or present to the public, create derivative works, execute, distribute, sublicense, make any commercial use, sell, rent, transfer, lend, process, gather, combine with other software – any material that is subject to the proprietary rights of the Company, including the intellectual property of the Company (as such term is defined below), in any manner or by any means, unless expressly permitted in the Terms and Conditions and/or according to any applicable law which expressly permits such actions; (j) to make any use of the Content on any other website or computer network for any purpose, without the Company’s advance written consent; (k) to create a browser environment, to frame, mirror or create an inline link to any part of the Website without the Company’s express, advance and written consent; (l) to sell, license or exploit any use or access to the Website for any commercial purpose; (m) to create a database by systematically downloading and storing all or part of the Content; (n) to transfer or make accessible in any other manner pertaining to the Website or Content, any virus, worm, Trojan horse, bug, spyware, malware or any other computer code, file or software which are likely or intended to damage the operation of any hardware, software, communications equipment, code or component; and/or (o) to violate any of the Terms and Conditions.
Contacting Us
You may contact the Company at any time by filling in the Contact Us Form, accessible at https://bizibox.biz/en/contact-us. Please make sure that the information provided on the form is accurate and complete.
Privacy Policy
The Company respects the privacy of its Users and is committed to protecting any information which may identify its Users. We believe that Users have the right to know our policies and procedures with regard to the collection and use of the information we receive when Users use the Website. The Company’s privacy policy, procedures and types of information gathered by the Company are described in the Privacy Policy section, available at https://bizibox.biz/en/privacy-policy-2 (the “Privacy Policy”). You agree and acknowledge that the Company may make use of personally identifiable information disclosed and/or made available to the Company in accordance with the Privacy Policy. If you intend to use the Website, you are required to first read the Privacy Policy and agree to it completely.
Intellectual Property Rights
The Website, Content, the Company’s proprietary assets and all intellectual property rights pertaining to them, including but not limited to, patents and patent applications, trademarks and trademark applications, trade names, goodwill, copyrights, trade secrets, domain names, whether registered, registrable or as of yet unregistered (collectively, hereinafter: “Intellectual Property” or “IP”) are the sole property of the Company and/or have been licensed to it, and are protected by the copyright laws and other IP laws and by international treaties and agreements. Any right that is not expressly granted to you under this agreement shall be reserved to the Company and its licensors.
Subject to the Terms and Conditions, the Company grants you a revocable, non-exclusive, non-transferable right (which prohibits any grant of sublicenses), to use the Website, the Content and services related to the Website in a non-commercial manner. To clarify, the Terms and Conditions do not grant you any right or title in or to the Intellectual Property rights of the Company whatsoever, rather, a limited right of the Website in accordance with the Terms and Conditions, where such right may be revoked as provided above. No provision contained in the Terms and Conditions shall constitute a waiver of the Company’s IP in accordance with applicable law.
Should you provide any feedback, comments or suggestions to the Company with respect to the Website (“Feedback”), the Company shall receive an exclusive, royalty-free, perpetual, worldwide irrevocable license to incorporate the Feedback in all of the Company’s present or future products and services, and shall further be entitled, without obtaining your permission, to use the Feedback for any purpose whatsoever, all of the foregoing for no consideration. You acknowledge that the Feedback shall be considered non-confidential information. You further warrant that the Feedback is not subject to the terms and conditions of a license which may oblige the Company to satisfy additional obligations pertaining to its products and/or services which incorporate the Feedback.
You hereby agree that the Company may possibly retain copies of certain information that is disclosed by you for backup purposes or for the purpose of enforcing the Terms and Conditions, including inquiries pertaining to violations of the Terms and Conditions, at the Company’s discretion.
Trademarks and Trade Names
The Company’s logos and other proprietary identifiers serving the Company with respect to the Website (the “Company’s Trademarks”) are trademarks and/or trade names of the Company, whether registered or registrable. All other trademarks, trade names, identifying symbols and other commercial symbols (including any logo) that may appear on the Website belong to the owners thereof (“Third-Party Trademarks”). Third-Party Trademarks are presented (if presented) on the Website for display, description and identification only. No right, license or title to the Company’s Trademarks or Third-Party Trademarks is hereby granted to you, and you are therefore required to refrain from making any use of such trademarks unless otherwise permitted in these Terms and Conditions.
Website Availability
The availability and functionality of the Website and the services provided on the Website are dependent on numerous factors, including software, hardware, communication networks, the Company’s service providers, contractors or other third parties (including such which provide cloud storage services, website registration services, etc.). We make reasonable efforts to ensure that the Website and services are available continuously. However, the Company shall not be responsible and does not guarantee or commit to the Website’s and services’ continuous and/or proper functionality and/or availability, free of interruptions, failures or faults. You hereby agree that the Company shall not be liable for interruptions in the Website’s availability and/or functionality, including but not limited to, as a result of Internet or network outages, hardware and software malfunctions due to reasons beyond the Company’s control (for example: tampering, force majeure, third-party negligence, etc.). When Website maintenance is required, and such maintenance is expected to affect Website availability, the Company may (but is not obliged to) inform Users in advance.
Changes to the Website
The Company reserves the right to make repairs, expansions, improvements, adjustments and other changes to the website at any time, without providing you with advance notice. You hereby acknowledge that the Content is subject to changes and may be removed from the Website at any time without any notice given to you prior to such action. You agree that the Company shall not be liable to you or to any third party for any change, suspension or discontinuation of the operation of the Website.
Links to Third-Party Websites
Certain links on the Website enable you to leave the Website and access websites or services that do not belong to the Company. These linked websites and services are beyond the Company’s control, and such links on the Website are provided for your convenience only; the Company is not responsible for the availability and/or functionality of such outside websites and services, including, but not limited to, with regard to any advertisements, products or other information provided on or available through such websites, or any links they may contain. Furthermore, the Company is not responsible for the privacy policy of such websites or services, or for other practices they may employ. Your accessing, use and reliance on such websites and services and your interactions with such third parties are your sole responsibility. The Company reserves the right to remove any link from the Website at any time, subject to the Company’s sole discretion. Additionally, you agree and acknowledge that the Company shall not be liable for any damage caused, or purported to have been caused, in connection with or as a result of your use of, or reliance on, third party contents, services, products or advertisements available on the websites or services of such third parties. We advise you to look for and carefully read such websites’ terms of use and privacy policies, if such exist, so that you are aware of all terms applicable to your use of such websites.
Copyright Infringement; Offensive Content
The Company respects the IP rights of third parties. If you believe that your intellectual property rights have been breached by the Company, kindly send an email to service@bizibox.biz and provide the Company with sufficient information including, inter alia: (a) a description of the work or object which underline the protected rights purported to have been breached; (b) a description of the material that you claim has caused a breach of rights, or which serves as the basis for a breach of rights, and which should be removed or restricted; (c) any information that may facilitate the Company in searching and locating such material; and (d) accurate contact details so as to enable the Company to contact and communicate with you (e.g. address, telephone number and email address). We will review your inquiry and will make reasonable efforts to establish communication with you within a reasonable time.
Exclusion of Warranties
To the maximum extent permissible by law, the Website and Content are provided to Users as-is. In addition to the limitation of liability as set forth in the Terms and Conditions, the Company, including its employees, suppliers, managers, subcontractors, related parties, licensors and agents (hereinafter collectively: “Company Representatives”), shall have no liability or obligation of any kind whatsoever (express or implied), including but not limited to, any liability for ownership title or for non-infringement or any implied warranty for commercial quality standards or for suitability to a particular purpose, and shall bear no liability in connection with ordinary business conduct or as a result of any commercial act. It is possible that pursuant to applicable law, you may be granted certain consumer rights which may not be modified by these Terms and Conditions.
The Company does not guarantee that (a) the Website is safe for use, accurate, complete, free of faults or disruptions, or free of viruses, flaws, worms, other harmful components, software limitations and/or malicious software; (b) it will repair any errors, failures or flaws on the Website; (c) Any use of the Website will meet your requirements, expectations or standards.
The Company shall not be liable for any direct or indirect damage that may be caused by or as a result of disruptions and/or errors in the information appearing on the Website (including proofreading errors, errors in formulation, typographical errors, etc.).
The Company shall not be liable for any damage that may be caused by or as a result of downloading software and/or the use of any software downloaded from the Website.
The Company shall not be liable for any outcome that is due to technical malfunctions (including, but not limited to, in connection with limitations of Internet access, overloaded communication lines or servers, delays and such other interruptions) which may arise from Internet and telecommunications service providers. You agree that use of the Website and/or Content is your sole responsibility.
Please note: The content appearing on the website, from time to time, does not constitute counsel and/or advice, including and without limiting the generality of the foregoing, legal, financial, accounting, tax and/or investment advice, and does not constitute an offer, solicitation or advice in connection with the execution of any transaction, including credit and/or investment transactions. Since the financial position of every person and/or corporation is unique to such individual or entity, you should seek professional advice (which does not appear on the Website and is not provided in any form by the Company) from relevant professional counselors before making any decision and/or implementing any strategy, as well as reviewing other sources of information with respect to your financial position and personal needs.
You are exclusively and fully responsible for any transaction and/or financial result and/or business decision, whether based on content appearing on the Website or not; You hereby waive any argument, demand and/or claim against the Company and/or any party acting on its behalf in this respect.
If certain jurisdictions do not permit exclusions or limitations as provided above, the abovementioned exclusions and limitations shall apply to the full extent permitted by applicable law.
Cookie Usage Policy and Policy Applying to the Use of Other Technology
When you use the Website and/or as part of your process of accessing the site, including via our marketing campaigns on social media, we may employ accepted, well-known technologies such as cookies (“Cookies”).
Cookies are stored on your device and enable us to operate certain features automatically, and to simplify your experience of using the Website. Cookies can be disabled. For example, most browsers enable users to delete, block or receive notifications with regard to Cookies. However, if users delete or block Cookies, this may cause some disruptions to the performance of the Website and/or experience of using the Website. Please read the instructions on your browser or the Help screen to learn more about these functions.
The use of other technologies enables us to measure the responsiveness to various elements of the Website, we well as to improve our Website and our marketing efforts through the segmentation and analysis of non-personally identifiable information provided to us via these technologies.
Limitation of Liability
The Company, including the Company’s Representatives, shall not be, to the maximum extent permitted by law, liable for damages of any kind, including but not limited to, direct, indirect, special, punitive, incidental and/or consequential damages (including, for clarity purposes, damages to goodwill, profits, information and/or business) for any cause (including, but not limited to, contractual, tortious, strict liability or other) arising out of and/or in connection with the Terms and Conditions, the Website and/or the Content, from your use or inability to use the Website and/or Content, or from any act or omission by the Company based on a breach of the Company’s representations or obligations arising from or pertaining to the Terms and Conditions; all of the foregoing whether or not the Company has learned of the possibility that such damage may be caused. Without derogating from the generality of the foregoing and to the maximum extent permitted by law, the Company’s and the Company’s Representatives’ aggregate liability for all damages arising from these Terms and Conditions or pertaining to your use of the Website or Content shall be limited to the sum of one hundred (100) new shekels.
If certain jurisdictions do not permit exclusions or limitations as provided above, the abovementioned exclusions and limitations shall apply in full to the maximum extent permitted under governing law.
Indemnification
You agree to defend, indemnify and hold the Company and the Company’s Representatives harmless from and against any claim, damage, obligation, liability, expense and debt (including, but not limited to, all attorneys’ fees), arising from: (a) your use of the Website and/or Content other than in accordance with these Terms and Conditions; (b) any breach by you of the Terms and Conditions; (c) any breach by you of any third-party right, including, but not limited to, intellectual property rights or the right to privacy; and (d) any damage of any kind whatsoever, whether direct, indirect, special and/or consequential, caused to a third party in relation to your use of the Website and/or Content. It is hereby clarified that the abovementioned indemnification obligation shall continue to apply after your use of the Website has terminated.
Without derogating from the generality of the foregoing, we reserve the exclusive right to manage the defense and retain exclusive control over any matter and proceeding pertaining to indemnification on your part, in a manner that does not derogate from your indemnification obligation and obliges you to fully cooperate with us in conducting such proceedings. You acknowledge that you shall not agree to a settlement in any matter that is subject to indemnification by you without first obtaining the Company’s written consent.
Changes to the Terms and Conditions
The Company may, at its sole discretion, modify the Terms and Conditions from time to time, and therefore requests that all Users revisit this page regularly. We may inform you of any substantial change to the Terms of Service. Such substantial changes shall take effect within seven (7) days from the date of said notification or from the date as stipulated in such update, as the case may be. All other changes to the Terms and Conditions shall take effect on the date of the pertinent update, and your continued use of the Website after the stated date of the last update shall constitute your consent to the changes being binding upon you. Should we be required to modify the Terms and Conditions in order to comply with legal requirements, such changes shall take effect immediately or as required by law, without advance notice being given.
Discontinuation of the Operation of the Website and Termination of the Terms and Conditions
The Company may block your access to the Website and/or permanently restrict your access to the Website at any time at its sole discretion, in addition to any other relief the Company may be entitled to pursuant to applicable law.
Furthermore, the Company may discontinue the operation of the Website at any time at its sole discretion, temporarily or permanently, and is under no obligation to provide advance notice to such effect. You agree and acknowledge that the Company shall not be responsible for loss of information and/or any damages arising from or pertaining to its decision to discontinue or suspend the operation of the Website.
The provisions of the Terms and Conditions, which, by nature, survive or should survive the termination of use of the Website in order to satisfy the purposes of the Terms and Conditions, shall remain in force and effect. Notwithstanding the aforementioned, all sections pertaining to IP, exclusion of liability, limitation of liability, indemnification and the General section shall continue to apply after use of the Website is terminated.
General
(a) These Terms and Conditions represent all understandings, accords, terms and conditions agreed upon by you and the Company with respect to the subjects herein contained. The Terms and Conditions supersede all prior and/or valid agreements, whether oral or in writing, between you and the Company; (b) any claim pertaining to the Website or use thereof shall be subject to the laws of the State of Israel and shall be construed solely in accordance therewith (regardless of any conflicts of laws); please note that it is possible that use of the knowledge contained in the Website, reliance thereon and action in accordance therewith may be illegal under certain jurisdictions outside of the State of Israel and, therefore, Users are required to inquire, prior to making use of the information, whether they are entitled to make use thereof and the extent of permissible use thereof in accordance with applicable law; (c) you irrevocably agree to submit to the exclusive jurisdiction of the courts of Israel in the city of Tel Aviv only, over any claim or matter arising under or in connection with these Terms and Conditions. Notwithstanding the foregoing, you agree and acknowledge that damages may be an inadequate remedy if you violate these Terms and Conditions and, accordingly, the Company shall have the right, in addition to any other rights it may have, to obtain in any court of competent jurisdiction, temporary, preliminary and permanent injunctive relief to restrain any breach, threatened breach, or otherwise to specifically enforce its rights; (d) these Terms and Conditions do not create and shall not be construed as creating any partnership, joint venture, employment relationship, agency relationship or franchise relationship between you and the Company and/or any of its affiliates; (e) the waiver by either party of any breach or omission in accordance with these Terms and Conditions shall not be deemed a waiver of any prior or subsequent breach or omission; (f) any caption of a section or any other caption in these Terms and Conditions is for convenience of reference only, and does not define or interpret any section or provision contained in these Terms and Conditions; (g) you hereby acknowledge and agree that any cause of action you may have, which arises from or pertains to the Website, shall inure to you for one (1) year from the date whereon the event occurred. After said period, the parties hereby agree that said cause of action shall lapse; (h) Each provision of the Terms and Conditions is severable and distinct from the others. The Parties intend that every such provision shall be and remain valid and enforceable to the fullest extent permitted by law. If any such provision is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to that extent be deemed not to form part of these Terms and Conditions but (except to that extent in the case of that provision) it and all other provisions of these Terms and Conditions shall continue in full force and effect and their validity, legality and enforceability shall not be affected or impaired as a result, subject to the operation of this clause not negating the commercial intent and purpose of the Company; (i) you may not assign, sub-license or transfer in any other manner all or part of your rights or obligations pursuant to these Terms and Conditions without obtaining advance written consent of the Company. The Company may assign or transfer its obligations pursuant to these Terms and Conditions without limitation and without giving notice thereof; (j) you agree, without limitation, that a printed version of these Terms and Conditions shall constitute admissible evidence in judicial or administrative proceedings that are based on these Terms and Conditions or pertain hereto, to the same extent and subject to the same terms and conditions as other business documents and records originally produced and saved in hard copy form.
Questions
Should you have any questions or comments regarding the Terms and Conditions, please contact us by email at service@bizibox.biz. We will make every effort to get back to you within a reasonable time.