PLEASE READ CAREFULLY THE FOLLOWING TERMS. BY DOWNLOADING THE APP TO YOUR MOBILE PHONE DEVICE, USING OR ACCESSING IT, IN ANY WAY, AND/OR BY JOINING THE BUSINESS’ CUSTOMERS MEMBERSHIP CLUB VIA THE APP OR OTHERWISE, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR TO ANY PART THEREOF, YOU MAY NOT USE THE APP OR JOIN THE BUSINESS’ CUSTOMER MEMBERSHIP CLUB. BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE USE OF: (A) ELECTRONIC MEANS TO COMPLETE AND CONSENT TO THESE TERMS AND TO BE PROVIDED WITH ANY NOTICES GIVEN PURSUANT TO THESE TERMS; AND (B) ELECTRONIC RECORDS TO STORE INFORMATION RELATED TO THESE TERMS AND YOUR USE OF THE APP.
About the App
The App lets you engage with the Business through various features and content that the Business selected to incorporate in the App, such as informative material, customer membership club offerings, Customer Loyalty Features, social feed, user-contributed content, unique events, sales or promotions etc.
Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable license to download, install and use the App on a single device (whether mobile device or other) owned or controlled by you, solely for your private and personal and non-commercial use.
You may not use this App if you are younger than the legal age of majority in your local jurisdiction. In no event should anyone under the age of 13 years old use this App. Please note that the App is not directed to children under the age of 13.
The App may use or include open source software (“OSS”), including those detailed in these notice files: https://www.keeprz.com/credits_and_notices.php and www.diy.como.com/OSS-notices. To the extent so stipulated by the license that governs each OSS (“OSS License“), each such OSS is subject to its respective OSS License, not these Terms. If, and to the extent, an OSS License requires that these Terms effectively impose, or incorporate by reference, certain disclaimers, provisions, prohibitions or restrictions, then such disclaimers, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into these Terms, as required, and shall supersede any conflicting provision of these Terms, solely with respect to the corresponding OSS which is governed by such OSS License.
If, and to the extent, an OSS License requires that the source code of the OSS it governs be made available, the Company hereby grants a written offer, valid for the period prescribed in such OSS License, to obtain a copy of the source code of the OSS, from the Company. To take up this offer, contact the Company at email@example.com.
Acceptable use of the App
You acknowledge and agree that you are solely responsible for all acts or omissions associated with your access and use of the App and the access and use of the App by anyone on your behalf. When using the App, you shall refrain from willfully, or negligently –
- Modifying, copying, making available publicly, making derivative works of, disassembling, de-compiling or reverse engineering the App;
- Breaching these Terms or any other applicable guidelines related to the App;
- Interfering with, damaging or impairing the functionality of the App or any third party’s use of the App;
- Circumventing or manipulating the operation or functionality of the App or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App.
- Breaching the security of the App or identifying any security vulnerabilities in it;
- Using or attempting to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the App;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.
Some of the App features may require you to open an account and provide login details (username, password or equivalent). You hereby represent that you will keep your login details in confidentiality and not share them with or transfer them to any third party. Neither the Company nor the Business shall be liable for any unauthorized access to your account or misuse of any benefits associated with your account, where these result from your failure to keep your login details confidential. You agree to notify the Company and the Business immediately in regard to any unauthorized access or use of your account. Neither the Company nor the Business shall be liable for any loss or damage arising from unauthorized access to or usage of your account or from your failure to comply with the above requirements. You agree that the information you provide on your account will be true, accurate, current and complete.
You may not access or use the App in order to develop or create a similar or competitive product or service.
We may temporarily or permanently prohibit you from using the App and take measures to keep you off the App, if we determine that you have abused your rights to use the App, breached these Terms, or performed any act which is harmful or likely to be harmful to the Company, or any other third party.
The Business may customize and/or operate an online store within the App, which may allow you to place online orders and purchase certain goods and/or services that the Business offers (“Product(s)”). In order to purchase Products through the App, you will be requested to provide your credit card details and personal information which are required for processing the payment for the Product(s) (“Credit Card Details”). You may choose that the Credit Card Details will be saved for future purchases as well.
The Credit Card Details are submitted by you on a webpage (embedded in the App) of a payment processor, which is a PCI DSS (Payment Card Industry Data Security Standard) compliant (the “Payment Processor”). The Payment Processor will process your payment(s) to the Business. Como will not save your Credit Card Details other than your credit card’s 4 last digits and expiration date which will be save together with your name.
The current Payment Processor providing the above services is ZooZ Mobile Ltd. (“ZooZ”). Como may replace the Payment Processor from time to time by amending these Terms.
E-Commerce, Third Party Elements and Conduct
In addition to or in lieu of usage of Payment Processor services, the Business may customize the App and/or assisted others to customized the App for it, by adding various sorts of content, materials, data, links, images, promotions, services and other components (collectively “Third Party Elements”), which are all under the sole and exclusive responsibility of the Business and the other third parties. We do not own, have control of or take any responsibility for Third Party Elements.
The App may include areas, features, frames or sections dedicated to e-commerce or scheduling services that may allow you to place online orders for certain Product(s) or may allow you to schedule an appointment with the Business. E-commerce Products, offerings, appointment scheduling, dealings, transactions and interactions are customized and handled by the Business and may be supported or enabled by third parties’ services linked to, embedded in or integrated with the App (for example: e-commerce platforms such as Shopify, scheduling service providers such as PingUp and payment services providers such as PayPal, Blue Snap and Stripe; all collectively “E-commerce Providers”).
WE ARE NOT RESPONSIBLE FOR AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, APPROPRIATENESS OR LEGALITY OF ANY THIRD PARTY ELEMENTS, PRODUCT DESCRIPTIONS, PRODUCT PRICES, OR E-COMMERCE OFFERINGS, DEALINGS, SERVICES TRANSACTIONS AND INTERACTIONS. You assume full responsibility for, and risks of, (a) using Third Party Elements, reliance on appointment scheduled, reliance on the content conveyed by Product descriptions and/or Third Party Elements, and (b) engaging in any e-commerce offerings dealings, transactions and interactions to purchase any Product(s) or while using Third Party Elements. Any and all communications between you and the Business, all e-commerce and other kinds of dealings and transactions conducted in connection with the App, any appointment scheduling and all legal or other consequences resulting from the above, are strictly between you and the Business and/or the E-commerce Providers. The Company is not a party to those communications, dealings and transactions.
All purchases of Products that you make or appointments that you schedule, are a direct engagement between you and the Business or pertinent E-commerce Providers. Payments for Products are made directly to the E-commerce Providers or to the Business using the E-commerce Providers services or the Payment Processor, as applicable. The Business or E–commerce Provider (as the case may be) is solely responsible for fulfilling and shipping your order, providing related customer support and warranty service and processing refunds, returns and exchanges (if and where applicable). Without derogating from the generality of the above, the E-commerce Providers and/or the Business, as the case may be, and not the Company, are the “provider of an electronic commercial service”, as this term is defined in the California Electronic Commerce Act of 1984 or its equivalent in the law applicable to you.
You understand and acknowledge that our powering the App does not constitute a recommendation, endorsement or encouragement by us, to engage with the Business in any transactions, dealings or interactions or procure any Products, including with the E-commerce Providers or any third party nor an authorization or representation of our affiliation with the Business, E-commerce Providers or any third party.
Third Party Elements and E-commerce Providers have their own governing terms and conditions, terms of purchase and privacy policies that govern your access to and use of their content, services and offerings. We urge you to review them prior to using them. In particular, you acknowledge and agree that:
- Your use of any Amazon services is subject to and governed by Amazon’s Conditions of Use and Privacy Notice.
You acknowledge that Third Party Elements as well as Product and e-commerce offerings may be modified or removed at any time.
The App may include promotions, advertisements and commercial or non-commercial information (the “Ads“). By clicking the Ads you may be transferred to an advertiser’s website or location or receive any other messages, information or offers from the advertiser and from others. We are not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages or offers.
IN ANY EVENT, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF THE BUSINESS OR ANYONE ACTING ON THE BUSINESS’S BEHALF.
Customer Loyalty Features
Participation in or use of any feature that is: (a) intended to enhance customer retention or loyalty to the Business; and/or (b) made available to you on the App after joining a Business’s customer membership club which is powered by our ComoSense Solution, is subject to the following terms and conditions:
The Customer Loyalty Features may include, without limitation, the following features:
Online scratch cards are simple, quick and easy game to play as the main action is simply to click in order to unveil a rewards, discount or other benefits (“Benefits”) that is hidden behind scratch panels without any metallic dust involved. Some scratch cards will entitle you to a prize within an individual game and some won’t. The Benefit is selected by the Business to which you registered to play its online scratch card.
In order to play, you may be required to register to the Business customer membership club, have to key a unique 4-digit participation code which may be provided to you by the Business at its premises or make it available by scanning a QR code or a poster or in any other way which may be available to you. The Business should not require you to make a purchase in its place of business or through the App in order to receive the participation code. The QR code may also appear on your App and/or be readable by the Business’ mobile device or point of sale (“POS”).
The scratch card can be redeemed only when you are physically present at Business’ premises: you’ll need to show the Business the App notice of your Benefit and click the “Redeem” button (or its equivalent). The Business may need to key in a code into your App, scan a QR code or use another feature available to you on the App in order toredeem your Benefit. If the Business POS is connected to our servers, then you should provide the code presented on your App after clicking “redeem”, to the Business, whose staff will then enter the code into the POS. Do not click the “Redeem” button or try to redeem a Benefit otherwise, unless you are at the Business’ premises and actively presenting your Benefit to the Business instantly.
PLEASE NOTE: the online scratch cards in your App are in no way sponsored, endorsed, administered, or associated with Apple, any other application marketplaces, or the Company and none of these entities is involved in the scratch card activity in any manner. The scratch card Benefits are not products of Apple (as defined below), any other application marketplaces, or the Company, but solely offered by the Business to which you have registered to play its online scratch card. The Company has no control of or takes any responsibility for any offering made to you or your Benefit for the online scratch card.
Point Accumulation Plans
These loyalty plans allow you to earn points for each purchase you make in the Business’s premises and/or other actions taken by you on the App and/or otherwise, as solely determined by the Business (e.g. share with Facebook, joining the Business’s members club).
The points earned by you, can be redeemed, at a conversion ratio pre-determined by the Business. Your aggregate number of points will be presented to you via the App.
This loyalty feature allows you to collect virtual punches on your App’s punch card. When you’ve collected a number of punches in the amount pre-determined by the Business, you will be eligible to get a Benefit. A “punch” may be a purchase in Business’ premises, an action on the App (e.g. sharing something on social media) or any other action as determined by the Business. Subject to any specific punch card rules, if the Business is connected with the POS that we are also connected with, and a certain item is referred to the punch card, then whenever you make a purchase of that item at the business’ premises, your App punch card should be automatically punched. Otherwise, the Business may provide you with a punch code upon completion of your purchase of that item at its premises, which you’ll then need to enter into the App in order to punch the ‘virtual’ card.
This loyalty feature allows you to purchase a pre-paid punch card entitling you to a fixed number of items that you may redeem at the Business premises, via the App or otherwise as solely determined by the Business. Items from a pre-paid card are redeemable until the expiration date indicated on the card. The Company will not be responsible for any card not honored by the Business for any reason or any disagreement or dispute in regard of such card. For any such dispute please contact the Business.
Pay with Budget
This loyalty feature allows you to charge your App with certain amount of USD (or any local currency that was made available to you on the App) by paying the same amount to the Business via your credit card (the “Budget”). With the Budget, you may purchase items from the Business until such amount reaches a balance of zero (0). Your current Budget will be displayed on the App and purchased items could be made via the App, at the Business premises or otherwise as solely determined by the Business. You may recharge your app with an additional amount for so long as this feature is available to you on the App. The Company will not be responsible for any card Budget not honored by the Business for any reason or any disagreement or dispute in regard of your Budget.
This loyalty feature is offered to you on the App by the Business as a coupon which carries a coupon code (e.g. a number or a barcode, including QR). To use the coupon, the coupon code needs to be keyed, scanned and/or read at checkout/payment page or by the cashier in the Business premises only. Only one coupon may be used for each transaction, unless stated otherwise on the coupon. Each coupon can be used only within the valid dates thereon. Expired coupons will not be accepted. Coupons may be subject to certain limitations and/or preconditions as indicated thereon. Fraudulent or counterfeit coupons (as determined by the Business) will not be accepted. Coupons cannot be exchanged for cash or gift cards. The Business reserves the right to honor, limit the use of or revoke any coupon. The Business may decide in its sole discretion not to honor coupons which it does not recognize, are not present in the ComoSense Solution database/lists or have allegedly already been used. Coupons not honored shall be deemed invalid. Coupons applied at the Business are non-refundable. The services of third parties may be used to issue and/or distribute coupon(s). Such third parties will not be responsible for the content of the coupon(s), their terms, usage or validity. The Company will not be responsible for any coupon not honored for any reason or any disagreement or dispute in regard of such coupons.
General Club Deals
The Business may, upon its sole discretion, determine that certain Benefits shall apply to registered club members, or to certain groups of members. In order to receive Benefit(s) you may have to actively identify yourself to the Business as a registered member and may have to provide with identification details (such as: name or phone number). If you do not actively identify yourself to the Business, you may not receive the Benefit you are entitled to.
Customer Loyalty Features Expiration/Termination; Disclaimer.
Subject to any applicable law, each of the above Customer Loyalty Features on your App will automatically expire upon any of the following events: (a) use of the specific feature’s credit/budget or redemption of a Benefit; (b) upon the specific feature or Benefit expiration date which is indicated on the specific feature or the Benefit; (c) if you remove the App from your mobile device; (d) if the Business has decided to cancel a specific feature and/or Benefit for any reason; (e) the agreement between us and the Business was breached by the Business, expired or terminated for any reason; and (f) the Business terminated its developer account and/or its App in the App Store and/or its agreement with us for any reason. Notwithstanding the foregoing, you may redeem certain Benefits and/or continue to use your gift card, pre-paid punch card and/or budget and/or any other available loyalty feature offered to you by the Business (if not expired or redeemed by you) by engaging with the Business directly.
The Business or Company may, at any time and without notice: (a) suspend or cancel any Customer Loyalty Features and/or Benefits in the event of violation of these Terms or any part thereof by you; or (b) terminate any Customer Loyalty Feature in its entirely. In addition, the Business (or Company on its behalf) may decrease the number of points you earned for various reasons such as if you returned a purchased item to the Business or otherwise if any you earned them not in accordance with these Terms. Any dispute arising from such decrease will be settled between you and the Business only. The Company shall have no liability in regard to any dispute arises from the number of points earn by you, the amount of USD on your gift card or Budget or any Benefit or item not provided to you by the Business.
In any event, no refunds, recharged or cashed out will be available to you for unused points, coupons, virtual USD on your gift card or any benefit un-redeemed for any reason.
If a purchased item is returned by you to the Business’ premises, then the Business may: (a) charge you for the same amount of points earned by you when purchasing such item; (b) cancel your entitlement to a Benefit; or (c) cancel your last punch; coupon, discount etc.
You acknowledge and agree that the Business may use our ComoSense Solution, including the App in innovative, dynamic and/or creative manner due to its variety of options and capabilities and therefore the Business is and will be solely responsible for any and all Loyalty Features, dealings, transactions, offerings, promotions etc. made available to you via the App or otherwise via any platform supported by our ComoSense Solution.
WE ARE NOT RESPONSIBLE FOR ANY OF THE FOLLOWING, AND DO NOT WARRANT: (A) THAT THE BUSINESS WILL PROVIDE YOU WITH ANY BENEFIT EARNED BY YOU OR OFFERED TO YOU VIA THE APP OR OTHERWISE, (B) THAT THE BUSINESS WILL HONOR ANY CREDIT, BUDGET, BENEFIT OR OTHERWISE THAT YOU MAY BE ENTITLED TO, AND (C) ANY CUSTOMER LOYALTY FEATURE OR BENEFIT QUALITY, VALUE, FITNESS, ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, APPROPRIATENESS OR LEGALITY .You assume the full responsibility and risks of using any Customer Loyalty Feature on the App and/or engaging in any offerings by the Business. Any and all communications between you and the Business, any transactions conducted in connection with these features, and all legal or other consequences resulting from the above, are strictly between you and the Business. The Company is not a party to those communications, dealings and transactions.
All rights, title and interest in and to the App, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to the Company. The logos of E-commerce Providers are the proprietary trademarks of their respective third party owners.
Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, execute or make available publicly, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the App or any of the content thereon or thereof, either by yourself or by a third party on your behalf, in any way or by any means.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our or any Business’ trademarks, services marks and logos. You must refrain from any action or omission which may dilute, or tarnish our or any Business’ goodwill.
Your electronic agreement to receive SMS text messages and/or Commercial e-mails; E-Sign Disclosure (Receipt of Messages)
You hereby agree to receive from or on behalf of the Business future commercial SMS messages delivered via our ‘automated telephone dialing system’ to your mobile phone and/or commercial e-mails delivered via our platform to your e-mail box, as provided by you voluntarily upon your registration to Business’s customers members club (via the App or otherwise). Your consent to receive SMS text messages and/or commercial e-mails from the Business is not in any way required as a condition of purchasing any items, goods or services from the Business.
By agreeing to receive commercial SMS messages and/or commercial e-mails from the Business, you also consent to the use of an electronic record to document your agreement. If you wish to receive a copy of this disclosure kindly send an email to our support team at firstname.lastname@example.org and one will be provided to you.
You further agree, that if you have already provided your consent to receive commercial SMS text messages and/or commercial e-mails from or on behalf of the Business from our platform via any written or non-electronic form, then such consent will also apply to these Terms. The SMS messages and/or commercial e-mails will include informative and/or promotional content, solely as determined by Business, and will be sent only to users who expressly agreed to receive such messages from the business via our platform. For clarity, the nature, scope and frequency of the SMS text messages and/or commercial e-mails will be determined solely by the Business, not by Company. SMS text message and data rates may apply depending on your plan with your wireless or other applicable provider.
If you wish to revoke your consent to receive any future SMS text messages and/or commercial e-mails from or on behalf of the Business via our platform, you may do so, at any time, electronically, by clicking on the “unsubscribe” link at the end of each SMS text message and/or commercial e-mail you receive from or on behalf of the Business and you will be automatically removed from the SMS and/or e-mailing lists on our platform. You may also send the Business a writing request or call its main office and request to be removed from the SMS and/or e-mailing lists on our platform. In case the Business re-includes you in the SMS or e-mail list, it should obtain your prior consent.
Removal or deletion of the Mobile App neither revoke your consent to receive any future SMS text messages and/or commercial e-mails from or on behalf of the Business via our platform nor does it automatically unsubscribe you from the Business’s customer membership club.
We expressly disclaim any and all liability in connection with any SMS text messages and/or commercial e-mails sent to you from or on behalf of the Business via our platform.
Location Based Services.
You may be provided offers and/or promotions based on your location as collected by us (“Location Based Services”). Location Based Services may apply whenever your geo-location is made available to us by your mobile phone operating system or from other available sources that we are connected with such as purchases you make at the Business premises, location Beacons (as explained below) etc.
A beacon is a device designed to attract attention to a specific location by using Bluetooth low energy signals (“Beacon”). Once your mobile phone device identifies a signal from a specific Beacon, the App will send such identification to our servers. By receiving such identification, we will assume that you are physically located in proximity of the location of that respective Beacon as registered in our database.
User Contributed Content
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU POST THROUGH THE APP AND FOR THE CONSEQUENCES OF PUBLISHING IT. NEITHER WE NOR THE BUSINESS NORMALLY EXAMINE, APPROVE OR DISQUALIFY CONTENT THAT YOU OR OTHERS HAVE POSTED ON THE APP BUT WE AND THE BUSINESS RESERVES THE RIGHT TO DO SO.
You may not post through the App or otherwise make available:
- Any material that infringes third party’s right, especially privacy, publicity and intellectual property rights;
- Any code malicious to computers and networks; or
- Any material which may be deemed threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable.
You may post content on the App only if you are the rightful owner of all rights to that content or if you are licensed by the rightful owners to post such content. By posting content, you approve that you hold either all title and intellectual property rights or an appropriate license to the content and that you are entitled to post it.
You grant us and the Business, each, an irrevocable, free of charge, sub-licensable, worldwide, non-exclusive, perpetual, transferable right to copy, modify, distribute, display, perform and make available to the public all content that you post via the App. You give up all moral rights in and to that content (e.g. you give up the right to have the content attributed to you). We do not claim ownership over the content that you contribute. You retain all title to it.
The Company and the Business, each, may at any time, at their sole discretion and without prior notice remove or modify any content you have posted. You will have no right to object to or claim against any such actions we take.
Requests to Remove Content
Any requests to remove copyright infringing content from the App, or counter requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy.
Changes in the App
You grant the Company and/or the Business your express consent to remotely send and automatically install on your mobile 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 App, which, among others, may:
- Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or
- Change the App’s layout, design or display.
We may also, at any time and without prior notice, change the scope or availability of the App’s related content or services, add or remove features and change the functionality and/or name of features.
Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE AND THE BUSINESS 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 availability and functionality of the App depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. THE COMPANY AND THE BUSINESS DO NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Changes to the Terms
From time to time, we may change these Terms. Changes will take effect within 7 days as of publishing through the App. Your continued use of the App after the amended Terms have entered into effect will constitute your acceptance of the amended Terms. In case of a legal requirement, we may also introduce immediate changes to these Terms and require that you affirmatively accept them, in which case you will not be able to continue using the App if you do not accept the amended Terms. In any event, the most updated version of these Terms will always be accessible through the App’s settings menu.
DISCLAIMER OF WARRANTY
THE APP IS PROVIDED FOR YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND THE BUSINESS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND THIRD PARTY ELEMENTS, INCLUDING ANY WARRANTIES OF BUSINESS-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP AND ALL THIRD PARTY ELEMENTS IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
THE COMPANY, INCLUDING THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (THE “INVOLVED PERSONS”) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT OR THIRD PARTY ELEMENTS AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE APP – WHETHER OR NOT THE INVOLVED PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE APP.
THE BUSINESS’S LIABILITY IS LIKEWISE LIMITED AS SET FORTH ABOVE.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Involved Persons and anyone acting their behalf, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with your use of the App, your breach of the Terms, any other terms, rules or regulations applicable to the App, or your violation, or infringement of other persons rights.
Term, Termination and Survival
The Company or the Business, may at any time, at their sole discretion, terminate or suspend the operation of the App, its services, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice reasonable time beforehand. You agree and acknowledge that the Company and the Business do not assume any responsibility with respect to, or in connection with the termination or suspension of the App’s operations, services or features.
You may terminate these Terms at any time, by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App, at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination by the Company, you must discontinue any use of the App and uninstall the App from all devices in your possession or control.
Upon termination of the App’s operation or any service or feature provided by the App, any benefits or rights to benefits which you have earned during the usage of the App may expire immediately, subject to the sole discretion of the Company or the Business, without giving rise to any liability of the Company or the Business. Removal of the Mobile App does not automatically unsubscribe you from the Business’s customer membership club.
The following sections shall survive the termination, or expiration of the Terms: Third Party Elements, Privacy, Intellectual Property, Receipt of Messages, User Contributed Content, Requests to Remove Content, Disclaimer of Warranty, Limitation of Liability, Indemnification, this section (Term, Termination and Survival) and Governing Law & Jurisdiction.
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Google Play, Apple’s App Store or Amazon Appstore for Android. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded the App from Apple’s App Store. You and the Company agree and acknowledge as follows:
These Terms are concluded between yourself and the Company, and not with Apple Inc. (“Apple“). Apple is not responsible for the App. With respect to any donation feature in the App (if the App includes such feature), you acknowledge and agree that Apple is not the fundraiser.
In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and sued by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law, Jurisdiction
These Terms and your use of the App will be governed by and construed in accordance with the laws of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel.
The Courts located in Tel-Aviv-Jaffa shall have sole and exclusive jurisdiction over you and the Company and the subject matter of these Terms. Each party hereby expressly consents to personal jurisdiction in Israel and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.
Notwithstanding the foregoing, the Company may lodge a claim against you pursuant to the indemnification clause above, in any court adjudicating a third party claim against the Company, in which case the law that governs the third party claim against the Company shall also govern the Company’s indemnification claim against you.
These Terms constitute the entire agreement between you and the Company concerning the subject matter herein and may only be modified by written amendment duly executed by the Company. No waiver or alteration from the Terms by the Company will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms. The Business may determine and/or make available separate terms for its customer club (“Business Terms”). In any discrepancy between these Terms and the Business Terms this Policy shall prevail. You may not assign or transfer your rights and obligations under the Terms. Any attempted or actual assignment thereof by you will be null and void. The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. “Including”, whether capitalized or not, means without limitation. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the App, at:
Conduit Ltd. (“Como”)
2 Ilan Ramon Street
Ness-Ziona, Israel 7403635
For your convenience, this Policy is translated from English to several other languages. Please note that in any discrepancies between the translation available to you (if any) and the English version, the English version (available at: http://www.app4mobile.biz/mobile-apps-terms-of-use.html) shall prevail.
Last Updated: November 10, 2016