PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) OF Noa Sasson 040689143 (“PROVIDER”) CAREFULLY AS THESE T&C APPLY TO ALL BUSINESSES WHO ACCESS OR USE THE SERVICES (“USERS”) AND, ONCE ACCEPTED, FORM A LEGALLY BINDING AGREEMENT BETWEEN EACH USER AND PROVIDER. IF YOU DO NOT AGREE TO ALL THE TERMS OF THESE T&C, YOU SHOULD NOT ACCESS OR USE THE SERVICES WHICH INCLUDE INTER ALIA ACCESSING AND USING THE WEBSITE AND/OR THE MOBILE APPLICATION, AS DEFINED BELOW. BY CLICKING THE “START YOUR FREE TRIAL” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE T&C. FOR PURPOSES OF THESE T&C, IF YOU ARE AGREEING TO THESE TERMS AS A REPRESENTATIVE OF A BUSINESS, THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS ENTITY AND THE TERMS “CUSTOMER”, “USER” AND “YOU” REFERS TO THAT BUSINESS ENTITY AND ALL THE USERS ACCESSING OR USING THE SERVICES ON BEHALF OF SUCH BUSINESS ENTITY.
- The Services. “GrowTime” is a service provided by Provider, which offers a SaaS solution to enable its customers (the “Customers” or “you”) to grow their SME businesses, including to create and operate websites, Facebook page apps, and other market data gathering activities and features including payment features and scheduling tools, and in addition Provider owns and operates the GrowTime’s website (https://www.growtime.co.il) (the “Website”) and mobile application (the “Mobile Application”) (collectively, the “Services”).
Provider will provide you the Services from a data centre facility selected by Provider. You acknowledge that some subcontractors will provide, among other things, servers, power and internet telecommunications for the hosting servers.
In order to use certain Services of Provider, you must first register and create an account on the GrowTime dashboard enabling you to choose a pre-determined package of modules of the Services (“Account” and “Package”, respectively).
You may change the Package in your Account at any point of time throughout the term of the Services, but you acknowledge and understand that such change may be subject to changes in the Services Fees (as defined below) and as will be indicated to you and subject to your acceptance before any changes take effect.
Provider, in its full discretion, may provide the Services for free, as a free trial or for other reasons, for a period of time as Provider may decide (which will be made clear to you), and subject to conditions as will be notified to you during your registration and creation of an Account. Provider may immediately delete your Account and will terminate any Services rendered under these T&C at the expiry of the trial/non-payment period where you have not signed up to a paid Subscription.
- Rights of Use. Provider grants you a limited, non-exclusive, non-transferable, worldwide right to use the Services, on a hosted basis, in accordance with these T&C, limited by the term and the terms of these T&C, without the right to sublicense and subject to the following provisions: (a) your use of the Services is allowed solely for your own use and not for the purposes of resale or redistribution; (b) you will fully comply with all applicable laws and any other contractual terms which govern the use of the Services (and any related interaction or transaction), including those specific laws applicable to you in your geographical location; (c) you will be solely responsible in relation to your use of the Services, including those which occur under your Account, and for any of the User Data (defined below) (including for any consequences of using or publishing such User Data on or with respect to the Services); (d) you will regularly and independently save and backup any of the User Data and the information that is being processed by you regarding the Services; and (e) you will otherwise comply with the terms and conditions of these T&C.
Provider makes available a Mobile Application to access portions of the Services via a mobile device. To use the Mobile Application, you must have a mobile device that is compatible with the mobile service. Provider does not warrant that the Mobile Application will be compatible with your mobile device. Provider hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for you and multiple team members on mobile devices owned or leased solely by you or your team members, for personal or internal business purposes. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Provider may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these T&C will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Provider and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Provider provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these T&C are between you and Provider only, and not with Apple, Inc. (“Apple”).
- Your use of Provider’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Provider, and not Apple, is solely responsible for our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Provider, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these T&C and any law applicable to us as provider of the iOS App.
- You agree that Provider, and not Apple, shall be responsible, to the extent required by these T&C, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- 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.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these T&C as they relate to your license of Provider’s iOS App. Upon your acceptance of these T&C, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&C against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Provider provides to you designed for use on an Android-powered mobile device (an “Android App
- You acknowledge that these T&C are between you and Provider only, and not with Google, Inc. (“Google”).
- Your use of Provider’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. Provider, and not Google, is solely responsible for Provider’s Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to Provider’s Android App or these T&C.
- You acknowledge and agree that Google is a third-party beneficiary to the T&C as they relate to Provider’s Android App.
Restrictions. You will not directly or indirectly: (a) create any derivative works based upon the Services; (b) copy or distribute any part of the Services in any medium without Provider’s prior written authorisation; (c) alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose (d) work around any technical limitations in the Services or use the Services in an attempt to, or in conjunction with any device, program, or service designed to, circumvent technical measures employed to control access to, or the rights in, a content, file, or other work; (e) reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of the Services, unless allowed by applicable law; (f) publish, rent, lease, lend, sell, sublicense, distribute, transfer, disclose, or otherwise make the Services available to any third party; (g) remove or alter any proprietary notices or labels on or in the Services; (h) use the Services in connection with the development or transmission of any virus or malicious code; (i) use the Services to infringe the rights of Provider or any third party, or in any way that does not comply with all applicable laws; (j) copy any graphics of the Services; or (k) submit to the Services any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise illegal (collectively, “Objectionable Matter”).
System Design Limitations. You acknowledge that GrowTime system has technical and design limitations as set forth below (per each Account):
(i) Contacts – 2,000
(ii) Site pages – 25
(iii) Media Storage – 250MB
(iv) Social pages – 1 per supported social platform
(v) Products (in Product Catalogue) – 1,000
(vi) Services (in Services Catalogue) – 100
You will not upload to the Account information that exceeds the system design limitations and/or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Provider’s systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks connected to the Services.
You will not: (i) act in a manner which might be perceived as damaging to Provider’s reputation and goodwill or which may bring Provider into disrepute or harm; (ii) upload to the Account or otherwise use the Services to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (iii) use any of the Services and/or the Account in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct; (iv) sell, license, or exploit for any commercial purposes any use of or access to the Services, except as expressly permitted by these T&C; or (v) violate, attempt to violate, or otherwise fail to comply with any of these T&C or any laws or requirements applicable to the use of the Services.
Automatically Renewing Subscriptions
The use of the Services (except visiting the Website or in the case of a free trial) requires payment of fees (the “Subscription Fees
”). If you elect to sign up for the Services, you will pay the Subscription Fees according to the subscription package that you choose when you create your Account or afterwards, as applicable, and subject to the provisions of these T&C. Provider also offers special Features as add-ons to your subscription which, upon your decision to purchase, will require payment of fees and are subject to the provisions of these T&C (the “Feature Fee
”; and the Subscription Fees and Feature Fees together, the “Services Fees
”). The Services Fees will be paid by you to Provider.
In order to provide you with continuous Services, your subscription will automatically renew on a regular (i.e. monthly) basis that automatically renews until you cancel (a “Subscription
”). By setting up a Subscription, you become a “Subscriber
” with access to use certain Services. Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable.
The term for your Subscription will be the frequency selected by you when you register for an Account (the “Subscription Term
”), i.e. monthly. We automatically renew all Subscriptions on a recurring basis in accordance with the billing terms you agreed to at the time you signed up for an Account (for example, if your subscription is for a month it will renew for a further month) at the same price (subject to applicable tax changes which will be notified to you in advance). For information on your Subscription Term and recurring amounts, refer to the email you received confirming your order (“Confirmation Email
”). Your Subscription will automatically renew at the beginning of each billing period on the same terms until you cancel at any time by using any of the cancellation methods below (see below, How to Cancel).
Your notice of cancellation must be received at least 7 days prior to the end of the then-current Subscription Term, and a cancellation will be effective on the next renewal date of your Subscription following your Notice of Cancellation. You will not receive a refund for any prepaid amounts but will be able to access and use the Services until the end of the then-current term.
You are liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Subscriber, and you authorize Provider to charge your credit card for any such applicable taxes.
You may pay for your Service Fees only with credit card payments (e.g. Visa, MasterCard, American Expressor other available providers). We will charge your credit card for your first Service Fees on the date that we process the first order for Services under your Subscription.
When you provide a payment method to Provider, you are granting your express consent and are expressly authorizing Provider (and our designated payment processor) to automatically charge you each period for the Subscription. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
You must provide and at all times must maintain accurate, complete, and current billing information, including but not limited to your billing address, credit card number, and credit card expiration date. If you fail to disclose any such information, you agree that we may continue charging you for any use of the Subscription unless you have terminated your Subscription as set forth herein. If you become aware of a potential breach of security to your billing information (such as credit card loss or theft), you must notify Provider immediately.
As further specified below in section 7 of these T&C, Provider expressly reserves the right to terminate these T&C in the event that you fail to pay any Subscription Fees or any part thereof owed by you to Provider. If you do not pay on time or if we cannot charge your credit card or other payment method for any reason, we reserve the right to either suspend or terminate your access to the Services and terminate these T&C. You also agree that you will be responsible for all costs and expenses incurred by Provider, such as court costs, collection fees, and attorney fees, incurred in connection with such collection efforts.
Your obligation to pay any and all prices and fees will survive any termination of these T&C.
How to Cancel
To cancel your Account, simply go to the subscription page in the dashboard or refer to the corresponding help section. Your notice of cancellation must be received at least two days prior to the end of the then-current Subscription Term, and a cancellation will be effective on the next renewal date of your Subscription following your Notice of Cancellation. You will not receive a refund for any prepaid amounts but will be able to access and use the Services until the end of the then-current term.
Modifications to Services and Pricing
We reserve the right to modify pricing at any time. In the event the price for your Subscription has been modified, and you are required to pay a different fee than at the time you entered into these T&C, you will be notified at least thirty (30) days before you are billed at the different rate at the email address for you on file and have the opportunity to cancel your account. If you do not cancel your Subscription before the next billing renewal date (at the new rate), you will be deemed to have accepted the new fees.
All Services Fees will be in local currency (i.e. New Israeli Shekel).
All Services Fees and other fees are exclusive of all applicable government taxes (such as VAT, sales, withholding and similar taxes) and similar charges, for which you will be solely responsible.
If you are a business, you will be able to choose a Feature whereby you may accept payments from purchasers of your goods or services or donors to your organization (each an “End User
”) (the “Payment Feature
”). The Payment Feature may be subject to additional terms and additional fees, both of which will be communicated to you when you create your Account or when you select the Payment Feature, if later. Please note that the following terms currently apply to the Payment Feature:
: The Payment Feature only allows for transactions to be refunded in full and does not allow for the processing of partial refunds to End Users. You may instead, for example, provide a partial refund by alternative payment method or offer the End User a voucher to the value of the partial refund. If you provide a refund in full to an End User, you will not be entitled to any refund of Feature Fees paid in respect of the Payment Feature.
(ii) Responsibility for Goods and Services
: You will at all times be fully responsible for the goods and services provided to End Users and any relevant refunds payable. Accordingly, you will be responsible for all questions, claims, disputes and support in relation to your transactions under the Payment Feature.
(iii) Investigating Disputed Payments
: Should you request our support in investigating any disputed payments under the Payment Feature, you agree to assist us when requested, at your expense, in respect of such investigations. To that end, you acknowledge and agree that we may share information, without limitation, about a contested transaction or any transaction that may be reversed or charged back to your Account (a “Chargeback
”) with the End User, the End User's financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Account. If a Chargeback dispute is not resolved in your favour or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees for our assistance. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
(iv) Authorization to Charge Payment Methods on Account
: By selecting the Payment Feature, you authorise us to charge any payment method we have on file for you in the amount of any Chargeback; any losses we may incur relating to your transactions under the Payment Feature; or any other amount you owe us. To execute such charges, you expressly authorize us to charge any credit card account we have on file for you. We are not responsible for any amount you may incur from our charges, including overdraft and overlimit fees. If you do not pay on time; or if we cannot charge your credit card or other payment method for any reason; or we reasonably believe that you are misusing the Payment Feature, we reserve the right to either suspend or terminate your access to the Services and terminate these T&C.
(v) We expressly reserve the right to suspend or block
any outgoing payments from your Payment Feature account to your bank account, in the event that your bank account details have been changed and you are unable to demonstrate to our reasonable satisfaction that such change was intentional and that you are the rightful owner of the new bank account.
Cancellation Right. Provider and/or you may terminate this T&C, and you may request to terminate your Account and/or any Services at any time, in accordance with the instructions available on the Website and/or Application and/or on your Account. The effective date and time for termination of the Services will be at the end of such Subscription Term.
The statutory rights of either party to terminate the Services without a notice period remain unaffected. Users or Provider may in particular terminate Accounts and/or any Services at any time in case the other party has not complied with the terms of these T&C on reasonable notice.
Upon any termination of these T&C: (1) the license to use the Services granted to you in these T&C will expire and you, upon termination, will discontinue all further use of the Services; and (2) you will promptly return to Provider all tangible property representing Provider’s Intellectual Property rights (defined below) and all copies thereof and/or will erase/delete any such information held by you in electronic form.
You acknowledge that when you terminate the Services for any reason you will no longer have access to content, features, or capacity of the Services, including any User Data (as defined below) or other usage data retained therein. You should therefore take steps to backup your Data as Provider will not be liable in any way for saving a backup of your User Data or responsible for your inability to access such content, features, capacity or data.
Intellectual Property. These T&C grant no ownership rights to you or any other party, of the Services, and all patents, copyrights, trademarks, designs and any other intellectual property rights, whether registered or not, and all related know-how therein (collectively, the “Intellectual Property”), are not transferred by these T&C, and will remain the sole property of Provider and/or its suppliers at all times. You acknowledge that the Intellectual Property belongs and will belong to Provider. You will not acquire any right, title, or interest in the aforesaid Intellectual Property or otherwise in connection with the Services, except for the limited rights of use expressly set forth in these T&C. Any rights not expressly granted herein will be deemed withheld.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
The Provider name, the Provider logo, and the product names and logos associated with the Services including “GrowTime” title and logo, are trademarks of Provider or third parties, as applicable, and may not be used without Provider’s prior written consent. All the images presented in the Services including modules (“Images”) are for illustrative purposes only and are subject to the licence granted to Provider to use the Images for limited purposes only. You are obligated to replace all Images.
Provider respects the intellectual property of others, and we ask you to do the same. You, therefore, agree that any content that you post to the Services does not and will not violate any law or infringe the rights of any third party, including, without limitation, any intellectual property rights, publicity rights, or rights of privacy. Provider may, in appropriate circumstances and at its discretion, disable or terminate the Services through which the rights of others are infringed. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please get in touch with us via e-mail to “info@Growtime.co.il”.
Open Source Software. Notwithstanding the above-mentioned, the Services may contain certain Open Source Software (defined below). Such Open Source Software is subject to the terms and conditions of the respective open source license agreement (“Open Source Licenses”). Please refer to https://www.Growtime.co.il/open-source/ for a copy of the Open Source Licenses. This list of Open Source Licenses may be updated by Provider from time to time. You acknowledge and agree to the terms and conditions in each such Open Source License and that you are solely responsible for complying with such terms and conditions. Notwithstanding anything to the contrary in these T&C, with respect to each item of Open Source Software, to the extent there are any irreconcilable conflicts between any terms of these T&C and any terms of the respective Open Source License, which the Open Source License does not permit, such conflicting terms of these T&C will not apply. Where the terms of any specific Open Source License entitle you to the source code of the respective Open Source Software, upon your request, Provider may either make that source code available to you or direct you to where you can obtain that source code.
For the purpose of these T&C “Open Source Software
” means all software, documentation and other material that is distributed as “free software,” “open source software” or under a similar licensing or distribution model, including, but not limited to, the GNU General Public License (GPL), GNU Lesser General Public License (LGPL), Mozilla Public License (MPL), Berkeley Software Distribution (BSD) license, MIT License, Apache License or any other license described by the Open Source Initiative as set forth on www.opensource.org.
You confirm, covenant, represent and warrant that: (a) you own all rights (including intellectual property rights in and to any of your User Data, or have obtained all necessary licence(s) and permission(s)), to use your User Data; (b) you have the rights necessary to grant the Licence to Provider; (c) your User Data does not violate or infringe any applicable data protection law, intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party; and (d) you obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Data, and you will adhere to all laws applicable thereto.
You will indemnify and hold Provider and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including, without being limited to, reasonable attorneys’ fees, due to or arising out of or in connection with any of your User Data submitted to the Services, including in case of violation of any rights of another including any copyright, property, or data protection or privacy right.
Services Access. As mentioned above, in order to access some features of the Services, you will have to create an Account with Provider. You may never use another’s Account without permission. When creating your Account, you must provide accurate and complete information. You agree not to use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You store the access data securely at all times and protect it from access by third parties. You may only use your Account personally and may not make the access data available to third parties for the use of the Account or make the Account accessible in any other way. You are liable to Provider for the misuse of your Account due to or arising from your negligent acts or omissions. You must notify Provider immediately of any breach of security or unauthorized use of your Account or personal data, as the case may be.
Disclaimer of Warranty. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS. YOUR USE OF THE SERVICES AND ANY OTHER SERVICES THAT PROVIDER MAY HAPPEN TO PROVIDE DURING THE SUBSCRIPTION TERM IS AT YOUR OWN RISK. PROVIDER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, STATUTORY AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY SOFTWARE PROVIDED THROUGH THE SERVICES IS LICENSED AND NOT SOLD.
Availability. Provider will endeavor to make the Services accessible via the internet. However, as with other online services, accessibility also depends on third parties, such as, without limitation, subcontractors for hosting of the Services and technical framework conditions on which Provider may have no influence. Therefore, the Services may temporarily be unavailable or may only be available with limited functionality due to, for example and without limitation, maintenance work and Provider does not guarantee the uninterrupted availability of the Services. However, Provider will try to reach an availability level of 97.5% of Services subject to payment.
Indemnity. You agree to defend, indemnify and hold harmless Provider, its officers, directors, shareholders, employees, affiliates, agents and subcontractors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these T&C and the use of the Services which is not in compliance with the terms of these T&C; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your use of the Services, including, without limitation, using the Services for your benefit; and/or (3) any other type of claim that your use of the Services caused damage to a third party.
Assignment. Provider may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Provider. Any attempted or actual assignment thereof without Provider’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this section will not in itself grant either Provider or you the right to cancel any of the Services or third party services then in effect.
Subcontracting. Provider may engage subcontractors. Any engagement of subcontractors will not affect Provider’s obligations under these T&C.
Enforcement. Failure by either party to enforce any of the provisions of these T&C will not be construed as a waiver of such provisions. If any of the provisions of these T&C are held unlawful or otherwise ineffective by any court of competent jurisdiction, the remainder of the T&C will remain in full force and the unlawful or otherwise ineffective provision will be substituted by a new provision mutually agreed upon by the parties reflecting the intent of the provision so substituted.
Applicable Law and Place of Jurisdiction. These T&C are governed by, interpreted and construed in accordance with the laws of Israel and you can bring legal proceedings in respect of the Services in the courts of Tel-Aviv, Israel only.
Changes. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these T&C at any time. If we do this, you will receive the amended T&C via email and/or we will post changes to these T&C on the Website and/or app before the new T&C come into effect. You will be asked to agree to the amended T&C when you next sign into your Account or otherwise access or use the Services. If you do not agree to abide by the amended T&C, please do not use or access the Services.
Contact. Please contact us at “info@Growtime.co.il” with any questions regarding these T&C.
- No Consequential Damages. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OF ANY OTHER KIND ARISING OUT OF ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, FAILURE OR MALFUNCTION OF ANY COMPUTER SYSTEM OR SOFTWARE PROGRAMS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR THE SAME IS CONSIDERED REASONABLY FORESEEABLE AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
- Limits on Liability. IN NO EVENT WILL PROVIDER’S CUMULATIVE, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) EXCEED THE FEES PAID FOR THE PRECEDING 12 MONTHS FROM THE DATE THE LIABILITY AROSE.
- Provider further assumes no responsibility, and will not be liable for, any loss or corruption of data on account of your access to or use of the Services. Further, Provider is not responsible for, and shall have no liability with respect to, any services, goods or products you offer on or using our Services. You shall be solely liable and responsible for any services, goods or products sold by you, including without limitation such services, goods or products that were not delivered at all or that were otherwise unsatisfactory to any End User.
- This section does not, however, affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.