Terms of Use
Last updated on 11.09.19
Hello and welcome to - BFF2PAY An advanced, cutting-edge, secure and
Cashless digital wallet solution for a broad range of multi-audience events.
You are requested to carefully read the following Terms of Use since should you use the service they shall constitute a binding agreement between yourself and the Operator, as defined below.
Introduction
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Use of the Website and/or the BFF2PAY Application (hereinafter: "the Website" and/or "the Application" and/or
"the service" which constitute a method of payment and/or identification using RFID or NFC technology devices (hereinafter: "the bracelet(s)"
in events in which the bracelets and/or the Application may be used, is subject to law and to the following Terms of Use (hereinafter: "the Terms of Use")
including the provisions of the Privacy Policy, which by using the Website and/or the Application and/or the bracelet you (hereinafter: "the User") shall be deemed to have expressly agreed to.
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The purpose of these Terms of Use is to delineate the relationship between the Operator of the Website and/or the Application, Barim the Food Way Ltd (hereinafter: "the Operator")
and/or any other company which the Operator shall transfer rights and/or grant a User license to, and any person and/or entity using the Application and/or the Website and/or the bracelet and/or those using the Operator's services.
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Browsing and using the Website and/or the Application and/or the bracelet constitutes your agreement to and undertaking to comply with these terms and conditions. If you do not agree to all the Terms of Use, then do not use the Website or the Application and/or the smart device. While the service Operators
reserve the right to terminate your use of the service by any payment method should you fail to comply with one or more of the Terms of Use, this does not constitute an understanding and/or confirmation that your
activities are supervised and/or that the Operator has a duty to supervise them and no claim shall be entertained that the Operator and/or any of its representatives failed to honor any duty to supervise or monitor.
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The Terms of Use regulate your access to and/or use of the Website and/or the Application and/or the bracelet and shall apply to any use you make of them, including of the information, content and services appearing therein
or of links to other information sources provided in or through them, as well as to any transmission of information, and they constitute the legal basis for any contract which shall be entered into or action that shall be taken within this framework.
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The Operator reserves to itself the right to terminate your use of the Website and/or the service should you fail to honor one or more of the following Terms of Use, and reserves to itself the right to update the Terms of Use from time to time, in its sole discretion and without having to give any prior notice.
And it is clarified, that the binding and peremptory version of the Terms of Use is the last version to have been posted on the Website. You are therefore requested to carefully read the Terms of Use, including the Privacy Policy, before taking any action on the Website. Should you not agree with all the Terms of Use,
then you must refrain from downloading and/or using the Website and/or the Application and/or the smart device.
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In the Terms of Use and in all texts appearing on the Website or in the Application, depending in the context, the singular form of a word shall be deemed to include its plural form and vice versa and the masculine form of a word shall be deemed to include its feminine form and vice versa.
The Terms of Use are drafted in the masculine gender for convenience only and are not prejudicial and/or discriminatory in any sense.
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These Terms of Use constitute the entire agreement between the parties regarding use of the Operator's service and supersede any prior verbal or written agreement, proposal or representation pertaining to their contents.
Should there be any discrepancy and/or inconsistency of any kind between the Terms of Use and the contents of the Website, the Terms of Use shall prevail and apply.
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It is hereby clarified that the Operator may in its sole discretion change and/or discontinue all or part of the Website activity and/or the Service at any time without having to give prior notice and without the User making any claims against it as a
result thereof. The Operator may likewise change the terms of these regulations at any time and the last and most up-to-date version is the version that shall apply to you.
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The service relating to the Application and/or the Website is active twenty-four hours a day, seven days a week, and may be used at any time, including to purchase a service and/or to receive refunds as explained hereinafter in these regulations. Nevertheless,
use of the Website and/or the Application may be disrupted due to the occurrence at any time of malfunctions which are not under the Operator's exclusive control and/or due to various maintenance works and/or for other reasons and the User shall make no claims against the Operator in this regard.
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Any question, query, comment or problem may be sent by email to the Operator's customer service center at [email protected].
from Sun-Thurs between the hours of 09:00 and 16:00. It is hereby clarified that changes may be made to the foregoing contact details and the times when the customer service center is available, in the Operator's sole discretion and without giving prior notice, and the User shall make no claims against it in this regard.
Definitions
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"The content" means the Website and the Application, the online pages included in them, the classification, arrangement and presentation of the
information and other form of illustration included therein or in email or text messages.
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"The service" means the Application and/or the Website and/or the smart device, including accompanying instructions and guidelines, other related products and services, accompanying support services,
if and in so far as they shall be provided, and such alterations and/or amendments to the foregoing as may be made by the Operator from time to time it its sole discretion.
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"The account" means the account which was opened within the framework of the service in your name as a permanent subscription, or any use made of our service,
should we permit it, without opening an account.
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"Application/Website errors" means any interruption in the availability of the Application or the Website for reasons beyond the Operator's direct and exclusive control.
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"You" and "the User", means, inter alia, individuals, businesses and entities who/which we have authorized to make use of the service, as well as your workers,
advisors, contractors, agents and/or third parties with whom you conduct business.
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"Your data" means any electronic data and/or information submitted and/or entered by you and/or gathered by the Operator from the Website and/or the
Application during use of the Website and/or the Application.
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"The smart bracelet/s" means a portable, disposable device worn on the wrist of the User such as a bracelet which works with technological components that transmit radio waves and/or signals such as RFID or NFC technology or any other equivalent technology which was chosen.
You can load the bracelet with money and use the bracelet (in designated locations only) as an electronic wallet.
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"Smartcard" - means a portable, reusable device which works with technological components that transmit radio waves and/or signals such as RFID or NFC technology or any other equivalent technology which was chosen.
You can load the smart card with money and use the bracelet (in designated locations only) as an electronic wallet.
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"Smart device" - means a smart bracelet and/or card and/or any other device or mobile device which operates in the same manner.
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"Event" - A specific unique event the details of which shall be posted on the Website and/or in the Application in which the User may utilize in the bracelet in order to purchase products.
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"The Website" - The Operator's Website at www.bff2pay.co.il.
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"The Application" - Smartphone software owned by the Operator which may be downloaded from the App Store free of charge.
About the Terms of Use
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These Terms of Use constitute a separate agreement between the User and the Operator. It is hereby agreed and clarified that the Operator shall not be liable towards the User in the event of any breach of these Terms by another User,
and in such a case the User may sue only the infringing party and shall make no complaint, claim and/or demand against the Operator.
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It is hereby clarified that the Operator shall only be bound by the provisions of this agreement. No material posted and/or events on the Website shall constitute a
recommendation by or an expression of the opinion of the Operator regarding the appropriateness or usefulness of the advertised service and its use.
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While the User may currently access the Website and/or the Application free of charge, the Operator reserves to itself the right at any stage and in its sole discretion to charge for any use of the service or part thereof, and to integrate additional component on the Website and/or in the Application,
which may be subject to payment of a charge by the User without the User making any claims against the Operator in this regard.
Registering for the Service
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Registration for the Website and/or the Application is done within the framework of a structured process in which you shall be asked to provide several identifying details such as your full name, cell-phone number, valid email address, credit card number, etc. The Operator may increase/reduce the information fields requested in order to provide the service. From the moment registration has been completed, we and/or the clearing company safeguard your payment information which is never transferred to any third party other than the
credit/clearing company and/or other party who has to have it in order for the service to be provided and/or adjusted. Where required by law, we manage the information through a lawfully registered database.
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Registration through a third party - You may also log in and register using the Facebook connect button or a similar third-party button such as Google connect, to select the Operator, which appears at the beginning of the registration process. Should you choose to sign up for the Website and our services using this button, you agree to two-way information about you being conveyed between ourselves and the third party. Please note that as long as you have not removed this authorization from your User account on the third party's Website,
we and the third party shall continue to exchange such two-way information. The foregoing shall not derogate from any obligation and/or undertaking which you have vis-à-vis the third-party Website and you should thoroughly read the third-party company's terms of use regarding entering into contracts with third parties. Your approval to log in to the Website and register through the third party constitutes agreement to both the terms of these regulations and the terms of the third party's regulations and terms of use.
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Registration for the Website is done through an online system which requires the User to identify himself and verify his identity through a cell-phone number and an OTP verification code sent to him in a text message which he shall be asked to type on the Website.
Loading the Smart Device
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Once the registration process has been completed, the User may load the smart device with money through a valid credit card data entry procedure and subject to the credit company's approval.
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The Operator does not keep the User's credit card data which shall be stored in an external clearing company's database.
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It is clarified that with regard the smart device only, the service which the Operator provides to the User is the ability to load the smart device with money and use it for a designated event.
Beyond this, the Operator shall not responsible for any contractual arrangement between the User and any third party, including in connection with the purchase of products through the smart device.
Use of the smart bracelet/device
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In order to use the smart device, you must first register for the Application and fully complete the registration process. Only after the registration process has been successfully completed shall you be able to load the smart bracelet /device.
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The smart bracelet/card is personal and non-transferable. Use of the smart bracelet/card allows you to perform a range of actions during the event, for example: paying for purchases of products, switching between different event arenas (according to the permissions embedded in the bracelet/card), exiting and entering different places at the event sites and more according to the permissions for each event.
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There are events in which the smart bracelet/card can be loaded using cash or a valid credit card which can be cleared by one of the credit companies lawfully operating in Israel which the Operator has contracted with, at the event loading stands or via the Website and/or the Application (for a registered User). The service provider does not warrant that this option shall exist in all the events and you must check this in advance in the service Operator's postings. Kindly note that the bracelet/card can only be loaded through the Website/Application by credit card and cannot be loaded using a prepaid credit card and/or a tourist card.
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A casual User may at any stage after receiving the bracelet/card and as long as he holds it, register for the service on the Website or in the Application and manage his details and/or his pecuniary balances.
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Adding or removing a bracelet/card to/from the User's account - Through the Application only at this time, you may attach several different bracelets/cards to one payment method, although each bracelet/card is personal. The Operator may change and/or remove and/or add loading and/or removal options as it sees fit and you must keep up to date in this regard by checking the Application and/or the Website for all such changes.
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Since the smart bracelet/card and/or the Application function as a digital wallet, you have the sole and peremptory obligation to safeguard it and use it wisely and personally. The smart bracelet/card is issued to you in good working order and since it contains electronic components it should be handled carefully and not exposed to knocks or blows by external hard sources which could compromise their soundness and integrity.
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Should a problem and/or malfunction occur in the smart bracelet/card you must go to one of the loading positions in the event, notify a qualified representative of the Operator and hand over the bracelet/card to him. If possible, the representative shall check the balance of the monetary value loaded in the bracelet/on the card and credit the User with that balance in a manner of the service Operator's choosing, that is by giving the User cash or credit through the credit card which he used when loading the device. Alternatively, the User may be credited for the balance of the funds loaded in the bracelet/card on the Website/in the Application.
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Synchronizing the bracelet/card with the Application and/or the Operator's database may be dependent upon the bracelet's online connectivity capacity. There are cases in which synchronization of data is prevented by technical malfunctions. Should the defect in the bracelet/card not be maliciously and/or negligently caused by the User himself, a reasonable effort shall be made to provide the User with a replacement bracelet at the event, although this cannot be guaranteed in advance.
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Should a customer who knows the full number of the bar code of a bracelet/card lose the card device and/or if it was damaged in a way that renders it unusable, he may contact the Operator's representative either during the Event itself or thereafter and ask for the bracelet be blocked in a way that prevents it from being used. The User accepts full responsibility for the taking of such action and undertakes to indemnify the Operator against any damage which it shall sustain and/or any claim and/or demand which shall be made against it by any third party as a result thereof.
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Should the Operator so permit, a registered customer may block the use of the bracelet/card by himself through the Application by following the instructions on the Website/in the Application.
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By using the Application and/or the smart device, the User agrees that the Operator may gather for itself, amongst other reasons, for self-audit and statistical data purposes, various data relating to use of the bracelet, such as the types of products purchased, the place and time of purchase etc., in order, inter alia, to improve its services in the future.
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The smart device and/or accounts and/or code reader may operate online or offline – according to the relevant event. Where the smart device operates online, active and immediate data communication shall be created between it and the code reader in a way that the smart device data shall be synchronized and the balance of funds in the device updated Nevertheless,
the User acknowledges and understands that there may be instances in which malfunctions occur that prevent the data from being synchronized rapidly and/or at all in a manner that may prevent the immediate and/or any use of the smart device.
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It is clarified that inability to use the smart device shall not derogate from the balance of the funds deposited in it. The User exempts the Operator from any claim and/or demand and/or direct and/or indirect damage which he may sustain as a result thereof including any damage, whether mental anguish and/or other non-pecuniary damage. The Operator shall do all it reasonably can to prevent malfunctions and/or reduce their incidence and/or to repair them as soon as possible, however,
the User is requested to take into account that malfunctions may occur and on the date of the event to be prepared accordingly in this regard.
Cancelling a transaction
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A registered customer who wishes to cancel a purchase transaction relating to a product and/or service which was paid for through the Application and/or the smart device, shall convey this to the Operator, who shall look into the matter,
and should the Operator find that the customer is entitled to a refund and/or credit, then it shall credit him accordingly.
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It is clarified that the smart device does not constitute a credit card and hence the Charge Cards Law, 5746-1986 does not apply to it and/or to the services provided by the Operator. Similarly, sections 14G and 14H of the Consumer Protection Law, 5741-1981 do not apply to the smart device either. Without derogating from the foregoing,
entering a credit card in the Application turns the Application, for all intents and purposes, into a method of payment.
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Any User who loaded the smart device with any amount of money may send a credit request through the Website (in accordance with the instructions specified therein) up to 24 hours before the event itself begins.
The refund will be received by the User in accordance with the clearing arrangement made with the credit card company.
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Within 14 business days from the date on which the event ended, the Operator shall open the site for User credit requests. The refund will be received by the User in accordance with the clearing arrangement made with the credit card company.
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The User declares and undertakes that he shall not sue and/or make any demand and/or complaint against the Operator and/or its representatives and/or its managers regarding matters pertaining to the quality of the products and/or services and/or representations that were made to him by the business proprietors who sold the the products and/or services to him.
Refunds
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Subject to the provisions of the foregoing transaction cancellation chapter, the User shall have two years from the date on which the smart device was issued for him in which to obtain a refund through the Website and/or the Application (depending on the service activity at the time) for funds which remained loaded on the smart bracelet/card.
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For this purpose, the User must click on the "refund" icon in the Website/Application an follows the instructions specified therein.
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The refund shall be made through the credit card which was used to load the smartcard within such period as shall be determined by the credit card company. The Operator undertakes to forward the refund request shortly after the refund request was made on the Website.
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It is clarified that the User will not be entitled to any compensation and/or interest and/or linkage for the period between the date on which his refund request was sent and the date on which his account shall actually be credited.
Intellectual property
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All intellectual property rights, including moral rights, economic rights, copyright, trademarks, tradenames, patents, industrial designs, trade secrets and any other right pertaining to the Website and the Application, including, inter alia, the content, design, layout and manner of presentation and editing of the information appearing on the Website or in the Application are reserved exclusively to the Operator.
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Without derogating from the foregoing, the Website, the online pages contained therein, the classification, arrangement and presentation of the information, advertisements and mailings sent by the Operator (if at all), including the classification, arrangement and presentation of the information and advertisements appearing therein and any other form of illustration contained in the Website or mailings as aforesaid, are the exclusive property of the Operator.
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No copy and/or reproduction and/or duplication and/or derivative works and/or change and/or modification may be made of/from/to all or part of the Website content for the purpose of distribution, publication, presentation, performance, transfer, transmission, public offering, sale and/or any other action without the Operator's prior written approval.
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The content shall only be used for the personal and individual needs of the User, for which it was intended, as opposed to commercial purposes. Using the content for any other purpose, including to promote, market or advertise businesses and commercial entities, without the Operator's prior written approval, is strictly prohibited.
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The User undertakes not to publicize the content and/or any part thereof, except upon the conditions specified on the Website and in the Application. The User likewise undertakes not to publicize any product and/or printout of the information, whether printed or given as as a file through magnetic means or in any other form and that he shall not copy and/or reproduce and/or duplicate and/or prepare derivative works from and/or alter and/or modify all or part of the Website content for the purpose of distribution, publication, presentation, performance, transfer, transmission, public offering, sale and/or any other action without the Operator's prior written approval.
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The Operator may add its logo or any other caption as it shall see fit to any bracelet which shall be issued through it and/or to any other device.
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The ownership and intellectual property rights in in third party content, including images appearing on the Website, are the property of the content owners and may be subject to the terms of use of third parties who have licensed such content to the Operator (hereinafter:"third party agreements").
The Operator does not claim any proprietary rights in and takes no responsibility for any such content which is displayed on the Website. The User confirms that with regard to the use which he shall make of the service, he shall be bound by the terms of the third party agreements as aforesaid, including any future changes which shall be made to them..
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The Operator respects and takes the steps required in order not to infringe any third party rights. Any infringement in good faith of third party intellectual property rights may be reported by email to: [email protected].
Liability and disclaimer
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It is clarified that since it does not always control the sources of information and content appearing on the Website, the Operator bears no responsibility for the information and content posted on the Website relating to cultural events of one type and/or another and does not guarantee their quality, veracity, validity, integrity, accuracy and/or suitability for any purpose.
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The Operator shall not be liable for any kind of direct or indirect damage or detriment which the User shall sustain as a result of his use of and reliance upon the content and service offered through the Website, including use of the bracelets. The User shall be precluded from making any claim regarding his reliance on the information posted on the Website and/or in the Application and that he consequently declined to use other or alternative services. The User shall make no claim regarding information posted on the Site and/or in the Application, and the Operator shall not be accountable to the User for information posted on the Website and/or in the Application and/or information conveyed to a third party through the Website or the Application.
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The Operator does not give any undertaking regarding the integrity of the links found on the Website and/or in the Application and/or within the framework of the mailings and/or the text messages or that they shall lead to an active website. The existence of a link to a particular website on the Website or in the Application does not mean that the content of that website and application is reliable and/or complete and/or up-to-date, and the Operator shall not bear any responsibility in this regard.
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Without derogating from the foregoing, the Operator shall not be liable for any direct or indirect damage, which shall be caused to the User and/or to his property as a result of the use and/or reliance upon the information and content appearing on the websites which he accesses through or through the use of or a link existing on the Website and in the Application.
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While the Operator makes every reasonable effort to ensure that the Website and/or the Application shall function properly, the services provided on the Website and/or in the Application and/or in the bracelets may be subject to disruption and/or errors and/or discontinuity. The Operator does not undertake that the Website and/or the Application and/or the bracelet shall be free from unlawful access to its computers, damages, defects, malfunctions, or failures in hardware, software, or lines of communication of the Operator or of any of its suppliers or that they shall not be damaged by any other cause, and the Operator shall not bear any liability for any direct or indirect damage, which the User and/or any third party or their property shall sustain as a result thereof.
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The information and services which are available within the framework of the service provided on the Website and in the Application may include inaccuracies or clerical errors. The Operator does not undertake or declare that the service shall not be subject to disruptions or malfunctions, or that faults shall be repaired, or that the service or server providing the service shall be free of viruses or other harmful components. The Operator does not undertake and/or declare that the use or results of using the service or the materials provided through the service shall be accurate, correct, credible or reliable in any way.
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The User expressly agrees, that the Operator shall not be liable in any way for unauthorized access or changes which shall be made to the User's information or messages, whether sent or received by him or not.
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The Operator is not responsible for the content of third party advertisements or commercial offers appearing on the Website and in the Application, including any advertisement and/or commercial offer appearing on the bracelets or any other product. Any complaint, claim or demand by a User pertaining to such offers, products or services, their receipt or results, shall be directed by him directly to the third party from whom he accepted the offer or purchased the service, and he shall make no claim or demand against the Operator and/or any of its representatives.
The User's undertakings
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The User undertakes to the Operator not to send through the Website and/or the Application to any third party any advertising material and/or material of a commercial nature and/or any content that damages or infringes the proprietary rights of others, including copyrights or trademarks, any pornographic or sexually explicit content, any content which is prohibited from publication by the provisions of any law, including by court issued gag orders; any content which defames any person and/or entity and which infringes his/its privacy; any computer software, computer code or application containing computer viruses, viruses, malware, harmful applications, etc.; passwords, usernames and other identifying details which facilitate the use of computer software, digital files, websites and services, which require registration or payment, without such payment or registration; any information the nature or content of which is vexatious, insulting, hostile, threatening, obscene or racist; any information that may mislead any third party; any information which is at variance with the accepted Internet usage rules or which may cause damage or detriment to Internet users in general, and users of the Website and the advertisers in particular.
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It is clarified that the Operator has no ability and/or obligation to vet and/or supervise the use of the bracelets which are issued to the User, and whether they are kept properly and/or at all is the sole responsibility of the User.
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In the event of malicious and/or negligent and/or any other detrimental use of the service provided in the Website and/or in the Application and/or through the smart device, and/or one which breaches these Terms of Use by the User and/or anyone acting on his behalf, the Operator may take action against the User, including, should it see fit in its discretion to do so, by blocking his use of the service without prior notice, and the User shall make no claims against the Operator because of this. The User shall also be obliged to indemnify the Operator, its workers, managers, shareholders or anyone acting on their behalf, with respect to any damage, loss, loss of profit, payment or expense which they shall sustain or incur - including attorney's fees and litigation costs.
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The User undertakes not to connect the smart device to unauthorized digital means and /or to open and/or break into the smart device in order to modify and/or tamper with hardware and/or software.
Indemnity
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The User shall be obliged to indemnify and protect the Operator and its predecessors, replacements, subsidiaries, parent companies, affiliates, office-holders, directors, shareholders, investors, employees, agents, representatives, and those authorized to act on its behalf, immediately upon receiving an initial demand for him to do so, with respect to and against any loss, damage, cost or expense (including attorney's fees) caused by or in connection with the user's: (1) negligence or malicious activity; (2) unauthorized and/or unlawful use of the service; (3) data; (4) breach of the Terms of Use; (5) use of third party intellectual property or act or omission which infringes any third party intellectual property rights or relevant law.
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The Operator shall pay the User compensation of NIS 50, or if less, half the sum loaded in the bracelet and/or in the Application, for all direct and/or indirect damage sustained by the User as a result of the proper use of its services in accordance with these instructions. The User confirms that this amount is reasonable and appropriate in the circumstances and shall make no complaint against the foregoing.
Use of private information
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Information concerning the Privacy Policy can be found by following the Privacy Policy link which appears on the Website and/or in the Application and/or in the App Store.
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The Operator respects the privacy of those using the Website, the Application and the smart devices and shall comply with all statutory provisions pertaining thereto and the following Privacy Policy.
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This Privacy Policy is part of the Website and Application Regulations. Our Privacy Policy is designed to provide you with the best possible understanding regarding how the Operator gathers, uses and safeguards your personal information. The Operator undertakes that it adopts and shall continue to adopt, reasonable measures in order to ensure that your personal information shall be protected, in accordance with and subject to the relevant statutory provisions.
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Upon registering in the Website or the Application, the User shall be asked to choose a user name and password and to provide various contact details which are required in order to allow him access to the restricted areas of the Website and the Application. It is the sole responsibility of the User to keep these details confidential, and to ensure that they are revised from time to time so that only he may use them. The Operator and /or its representatives shall not be responsible for any activity in the User's account and /or in the User's personal area by anyone who has entered the User's login information.
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The Operator shall clarify hereinafter the type of information which it gathers when use is being made of the services, and how, inter alia, it gathers, uses, shares with third parties, stores and processes that information. As a rule, the purpose of gathering the information is to improve and provide the best possible service.
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Within the framework of using the Application /the Website through registration for the services offered therein, you may be asked to provide the Company with all or some of the following information about yourself, including your name, email address, telephone number, private address, credit card information, social security number and other identifying information as shall be required from time to time, and the Operator may change the requested information fields. It is emphasized that you are not legally obliged to provide this information to the Company, and that the information has been provided and shall be provided by you voluntarily and with your full consent.
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Without derogating from the generality of the foregoing, by agreeing to provide the foregoing details, you expressly agree to and approve of the forwarding of your details as aforesaid by BFF to the company Tempo Beverages Ltd., in order for it to store and use them according to its needs.
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Also, when using the Website and the Application, information may accumulate about your habits, how you use the Website and the Application, your IP address, location, the businesses from which you have purchased products, the products and services which you have purchased, information or advertisements which you have read on the Website and/or in the Application, the pages which you have looked at, the offers which interested you, the payment methods which you have used, etc.
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Such information shall only be used in accordance with this Privacy Policy, and subject to the law which applies in this context, for the following purposes: (a) in order to operate and manage the Website and the Application and services offered therein; (b) in order to provide you with service and maintain contact with you; (c) in order to improve the services, create services and/or provide you with new, customized content and/or alter or cancel existing services; (d) in order to tailor the businesses and/or advertisements which shall be presented when you use the Website and the Application to your areas of interest; (e) for any other purpose specified in the Regulations or in this Privacy Policy.
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The Operator adheres to the statutory standards and provisions applying in this context in order to protect the personal information which you provided during the registration stages and when using the Application and the aforementioned methods of payment. Your details and information shall only be disclosed to third parties without your prior consent to the extent that doing so is permitted within the framework of this Privacy Policy. Notwithstanding the foregoing, and without derogating from the provisions of paragraph 7 above, the Operator may forward to third parties your personal details and information which has been gathered about you in the following cases: (a) to the Company's service providers,
in order that the Company may provide you with the services, in accordance with the purposes delineated above (b) should you breach the Website and Application Regulations or undertake or attempt to undertake unlawful actions through or in connection with the Website and/or the Application ; (c) should the Company receive a judicial order instructing it to disclose your details or information about you to a third party; (d) should the Company believe that forwarding the information is necessary in order to prevent serious damage to your person or property or to the person or property of another; (e) where the information consists of statistical data about use of the Website and/or the Application which does not identify you personally; and (f) where the Company's shares or the bulk of its assets are being sold and the said transaction cannot be carried out without furnishing the information in question.
Contracting with third parties
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The User is exclusively responsible for any contracts with third parties, including any purchase of products using the money loaded in the bracelet. The User declares that he is aware that the Operator is not responsible for the services and/or products of third parties and that it only provides the technological platform which enables the User to purchase products through the bracelet and that he shall not make claims against the Operator for the incompatibility of any of those products and/or discrepancy resulting from bogus and/or inaccurate information received from any third party. Notwithstanding the foregoing, should the User have any problem and/or complaint concerning the purchase of any products through the money loaded in the bracelet/ card, then after investigation of the matter and vindication of the customer's complaint, the Operator shall credit the User with the funds that were misappropriated from him.
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Neither the Operator nor anyone acting on its behalf shall be privy to or responsible for any transaction between the User and a third party through the bracelet/card and/or the Website and/or the Application and/or following use of the bracelet, and such transactions shall be entered into directly between the User and the third party, even if information was exchanged between the parties through the Operator itself. For the avoidance of doubt, it is clarified that the Operator shall not be responsible for the veracity of the content given and/or representations made to it by third parties.
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The Operator is not responsible for the content of the events shown on the Website and the Application and any complaint, claim or demand which the User may have with respect to or to the receipt or results of offers, products or services, as aforesaid, should be taken up by him with the third party from whom he accepted the offer or purchased the service directly, and he shall make no claim or demand pertaining thereto against the Operator.
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The ownership and intellectual property rights in third party data which are linked to or which may be viewed in connection with the service belong to the data's owners and may be subject to the terms of use of third parties who have lawfully granted the Operator a license regarding the said content (hereinafter: "Third Party Agreements").
The Operator does not claim ownership rights and takes no responsibility for any kind of information, offer or recommendation presented on the Website or in the Application. In so far as they relate to the use which he shall make of the service, the User confirms that he shall be bound by the terms of such Third Party Agreements, including all changes made to them in the future.
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Since the Application can be downloaded through third party platforms, service providers or distributors (hereinafter: "the platform providers"), use of the Application may be subject to the terms of use of the platform providers and other third parties. It should be noted, that the platform provider's terms of use may apply to the User's use of the Application and he hereby agrees that it is his responsibility to determine which of the said terms of use are relevant and applicable to him and to familiarize himself and comply with the relevant terms and conditions.
Direct mailing
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By registering for the Website and/or the Application, the User declares that he shall allow the Operator and/or any of its representatives and/or Tempo Beverages Ltd and/or any of its representatives, including and without derogating from the generality of the foregoing, through Blend - the Customers' Club of the Community of Alcohol Culture Enthusiasts in Israel, which provides content services and offers services and experiences relating to alcohol culture, to send him via any means of communication at their disposal, including by email or telephone, direct mail both in order to inform him about publications and innovations, and update him regarding the activities of any of them and the various services which they provide,
and any of their and/or their representatives' and/or third parties' advertising material, including via emails and text messages (hereinafter: "direct mail"").
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When registering and signing up for the Operator's services, the User shall be required to give his consent, by marking a box designated for the purpose, to receive direct mail from the Operator and Tempo Drinks Ltd to his email address and/or cell-phone, and by so going he shall also be deemed to have consented to receive advertisements. It is clarified that at any stage the User may inform the Operator that he wishes to stop receiving direct mail by contacting the Operator's customer service department and/or through the removal options appearing in the direct mail sent to the User. For the avoidance of doubt, it is clarified that the provisions regarding direct mailing are subject to those of the Law, including the provisions of the Communications Law (Telecommunications and Broadcasting), 5742-1982.
Security
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The Operator's Website and/or Application are secured through the use of advanced security measures which are designed to ensure proper use and safe browsing of the Website and/or the Application. All users of the Website and/or the Application undertake not to engage in any activity that could disrupt the operation of the Website and/or the Application including, inter alia, theft of information about users and breaching the security mechanisms of the Website and/or the Application. The Operator shall take all lawful measures which it has at its disposal in order to counter such activity, including blocking the User's access to the service and taking legal proceedings against the User if he acts as aforesaid.
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Should the User and/or anyone acting under on his behalf use the Website and/or the Application in a malicious and/or negligent and/or other detrimental manner, then the Operator may block the User's access to the service, and the User shall be obliged to indemnify the Operator, its workers, managers, shareholders and/or anyone acting on their behalf, for any damage, loss, loss of profit, payment or expense which shall be sustained or incurred by them, including attorney's fees and litigation costs.
Use of tracking and monitoring tools
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The Operator installs "cookies" in the Website and/or the Application for the purpose of their continuous and proper operation, including in order to gather statistical information on their use, verify details, tailor the Application/Website to your personal preferences and meet data security needs. "Cookies" are text files that your browser creates on a command from the Operator's computers. Some of the cookies shall lapse when you close your browser, while others are stored in your computer's hard drive/ your cell-phone. The cookies contain a range of information such as the pages you visited, the length of time you spent on the site/app, where you came from etc. They also eliminate the need to enter your information every time you revisit a website/application if you need to register. The information in cookies is encrypted, and the Company takes reasonable precautions in order to ensure that its computers can read and understand the information stored in them.
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The Website and/or Application cannot be used without your permission to install "cookies" as described above. If you do not want to receive "cookies" you may block them by changing the definitions in your browser, however, this may result in you being denied use of the Website and/or the Application and/or disruptions in either of them. Therefore, please consult your browser's help file. Remember, however, that disabling cookies may prevent you from using some of the Website's services and features or those of other websites.
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The Application likewise employs third party software to monitor user's browsing histories and record information in order, inter alia, to track the patterns of your activity in the Application, improve the services and offer you content that may be of interest to you. It is clarified that the information gathered through this monitoring and tracking tool is essentially statistical, and apart from credit card details, which are kept for the Operator by an external clearing company, no personal information is monitored and/or recorded.
Duration and termination
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This Agreement shall come into force on the day on which the User shall download the Application and/or make any use of the Website and/or the Application and/or the bracelet, and shall end when the User terminates his use of the service, gives a written notice to that effect, returns the smart bracelet and is credited finally and peremptorily for all sums loaded in it. It is clarified that removal of the Application and/or disconnection from the service does not in itself constitute the termination of the contract between the parties.
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The Operator may, in its sole discretion, terminate this Agreement at any time, including in the following scenarios: (1) the User breached a provision of this Agreement (or acted in a manner that clearly proved that he intended to do so or cannot honor the provisions of the Agreement); (2) the Operator shall be required by law to do so (for example, if provision of the service is or shall be unlawful); in the scenarios stated in (1) and (2) above, the Operator shall, in so far as possible, give the User reasonable prior notice of the Agreement's termination.
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The Operator may amend these Terms from time to time as it shall in its sole discretion see fit. It is the User's responsibility to keep track of such changes by perusing these Terms of Use from time to time. Use of the Service at any time shall constitute agreement to the prevailing revised and amended Terms.
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The Operator reserves to itself the right to change or discontinue the service or part thereof on the Website and in the Application without giving prior notice. Should the service be terminated, the Operator shall not be accountable to the User or to any third party for damage or loss.
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The validity of the intellectual property and disclaimer provisions shall continue after termination of the Agreement.
General
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These Terms of Use, including the Privacy Policy, encompass all that has been agreed upon between the parties and transcend any verbal or written agreement, offer or representation made in the past regarding its subject matter. No alteration, amendment or waiver of any provision of this Agreement shall be valid unless made in writing and electronically signed or approved by the party who it shall be claimed made such alteration, amendment or waiver.
General, jurisdiction and notices
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The information and the service are being offered to the User AS-IS, and the User agrees and confirms that neither the Operator nor its workers, managers, shareholders or any of its representatives shall be liable for any direct or indirect damage which the User and/or a third party shall sustain in connection with the User because of the use which the User made of the information and/or because of the User's reliance on information presented on the Website and/or in the Application.
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The laws of the State of Israel only shall apply to these Terms of Use and the competent courts in the city of Tel Aviv-Yafo shall have exclusive jurisdiction in any matter concerning these Terms of Use and use of the Website and/or the Application.
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Any letter which shall be sent to its address at 23 Smilansky Street Beersheba shall be deemed to have been received by the Operator within 5 business days from the time when it was dispatched by registered post, upon its arrival if delivered by hand, or within 4 hours if it was transmitted via fax or electronic mail by 12:00 on a weekday, provided that the sender has a transmission confirmation and a non-receipt notification was not received from the Operator.