Terms and Conditions

Last updated: 11-04-2019

Dear User, the following Terms of Use apply to this Website www.fbaamplifier.comhereinafter:

(“The Website”) that is managed and operated by “IMC" (Authorized Partnership)  (hereinafter: “The Operator”)   

The term “System”: The “fbaamplifier System” software (hereinafter: “The System”).

The use of the Website and/or the System, their content and the various services operating thereon confirms that you accept these Terms of Use, so please read them carefully.

The Website and/or the System also include content, the use of which is subject, in addition to these Terms of Use, to specific online agreements.

The Website’s and/or the System’s Terms of Use apply to the use of the Website and/or the System and their  content via any computer or other communication device (e.g. cellular telephones, all kinds of Personal Digital Assistants etc.). They also apply to the use of the Website and/or the System, whether via the Internet or any communication network, or other means of communication.

The terms “Content” or “Contents” include any kind of information, including any verbal, visual, audio, audio-visual or any combination thereof, as well as the designing, processing, editing, distributing and displaying thereof, including (but not only): any picture, photograph, illustration, animation, drawing, image, imaging, sample, clip, sound and music files; any software, file, computer code, application, format, protocol, data base and interface and any note, sign, symbol or icon (hereinafter: “content/s”).

The term User is subject to all the Users and/or readers that are using this Website and/or the System   (hereinafter: “The User “).

The terms Seller/Membership are subject to all the Sellers who sell goods through Market Place’s platform and are registered to the System   (hereinafter: “The User/Membership”).

The term “Market Place”: each of the mentioned websites at the following list.

(hereinafter: “Market Place”).

The term “FBA”:  the fulfillment by Amazon’s services, as defined in Amazon’s FBA policy at the hereinafter link (hereinafter: “FBA”):

https://Sellercentral.amazon.com/gp/help/external/201030350?language=en-US&ref=mpbc_201100940_cont_201030350.

The Website and the System essence and purpose:

This Website is offering for a use the System.

The System is a software which enables to Sellers on Market Place’s platform to execute shipments of virtual bundles and supply the goods defined as a bundle as a set in an isolated order.

The System enables to create bundles between unlimited numbers of Sellers and unlimited numbers of goods.

The System enables to create collaboration between different Sellers, goods and places.

The System enables to different Sellers to sell each other’s goods.

Preconditions:

In order to enjoy the benefits of the System you must be a Seller on Market Place’s platform and you must sell your goods using the FBA services by Market Place.

These preconditions are accumulating conditions.

Privacy Policy:

The Operator respects the privacy of all Users of the Website and/or System, which he manages and operates, including this Website, for further information please review our private policy for more information 

Registration:

You are required to register to the Website and/or the System in order to access and use the System.

If you are registering for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

In the course of the registration you will be required to provide your full name, an e-mail address, password, address and credit card details.

If you do not enter the requested data in the compulsory fields, you will be unable to register to the Website and use the System.

Since the Operator will only ask for the information required for the registered service you must provide only true, accurate and complete details and you hereby confirm that the details you provided are correct. Incorrect details may prevent you from using the System and being contacted when the need arises.

Authorizations required: 

Using the System requires the following authorizations given from you to the Operator and/or the System:

  • To your Seller account on Market Place’s platform.
  • To your Pioneer/Pay Pal account, including debits and credits according to the System terms and use.
  • To your credit card details, including debits and credits according to the System terms and use.

When you use the System and approve these Terms of Use you are automatically giving the above mentioned authorizations to the System and/or the Operator, the authorizations will be managed by the Operator according to the terms set in this document only.

By using the System and approving these Terms of Use you are declaring that you give your full consent to the System and/or the Operator to use the authorizations according to these Terms of Use and you dismiss the Operator from any claim and/or demand related to this subject.

The System is responsible to fulfill and execute the Seller’s orders according to the System’s Terms of Use and the Sellers’ Agreement.

As long as the authorizations are being used according to the Seller’s orders, these terms and the Sellers’ Agreement, the Operator will not be responsible and/or liable for any claim and/or demand and/or damage and/or any other consequence derived from using the above mentioned authorizations.

The Sellers’ Agreement:

When Sellers are ready to engage each other through the System and sell each other’s goods, the parties will be entering into a legal contract with each other through the Website and/or the System; such agreement will be entitled hereinafter as:  (“The Sellers’ Agreement”).

When you register and use the System, you are automatically affirming the Sellers’ Agreement and you are obligated to act by its terms.

By using the System you affirm that you read the Sellers’ Agreement and you are subject to the conditions stated in the agreement, therefore we urge you to read it carefully.

By providing the Sellers’ Agreement, the Operator is not providing any legal advice of any kind; it is the User’s responsibility to consult with a lawyer in order to get legal advice.

All the Users will comply with all of their duties, obligations, warranties and representations stated at the Sellers’ Agreement they enter into.

Please review the Sellers’ Agreement for more information.

Initial specifications:

Any User must enter into the System the required data regarding to his offered goods.

The required data will be shown to all Users at the all sale store.

Details about the Item’s Prices, terms of selling, restrictions, intellectual property, technical specifications and any other information about the terms of selling will appear at the all sale store.

The price of an item which be determined by the Seller who owns the item will be uniform to all Users.

The User will be required also to provide the selling intellectual property authorizations and the related files, meaning, the User will have the option to rule in which item name and/or brand and/or photos and/or trading marks and/or descriptions and/or any other intellectual property related to the items offered by him, the Sellers at the System will be permitted or restricted to use in purpose of the selling.  

License and access:

By using the Website and/or the System, including the fees payment to the System, the Operator gives to the Memberships a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of Website and/or System.

This license does not include any resale or commercial use of any services of the System.  

All rights not expressly granted to you in these Terms of Use are reserved and retained by the Operator or its licensors, suppliers, publishers, rights holders. All of the System’s services, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Operator.

The Seller may use the System’s services only as permitted by these Terms of Use. The license  granted by the Operator terminates if the Seller do not comply with these Terms of Use.

Selling options provided by the System:

In addition to the System’s Terms of Use, the use of the System is subject to all of Market Place’s policies and/or conditions and/or restrictions and/or rules, including but not limited to the following:  selling policies, Seller code of conduct, bundle policy, shipping policy, listing restrictions and/or any other Market Place’s terms related to the Users.

It is the User responsibility solely to obey Market Place’s terms, restrictions and prohibitions.

The System does not alert and/or enforce Market Place’s terms; the System will execute the orders according to the User’s instructions.

If something went wrong with the order and/or shipping and/or any other issue related to the orders, as a consequent of an infringement by the User of Market Place’s terms, the Operator will not be liable for such failure and the User will bear any costs including the fee to the Operator, in such cases the User will not be eligible to get a fee refund from the Operator for such failure orders.

If a Seller is updating an Item’s Price at the System, increasing or decreasing, the updated price will come into force only after the System will send all the Sellers who have a pending orders of this item a notice with the updated price, until the new price will be updated at  all the relevant Sellers (usually within 24 hours but with no obligation to that period of time) the new price will be pending and any order that has been executed in a period between the time that the price as updated until the new price updated at all the relevant Sellers, will be at the older price.

The System provides 3 options of selling bundles, as detailed hereinafter:

 

  • Selling goods of the same Seller:

In this case the Seller is offering for sale his own goods as a bundle, meaning the combined items to a bundle belong to the same Seller.

In this case the System will not charge Order Fee, only the Monthly Fee (as will detail below).

 

  • Selling goods of different Sellers as a bundle when you are the owner of at least one item:

In this case the Seller is offering for sale his own goods combined with other Sellers goods as a bundle.

There is no limitation to the number of the Sellers and/or the number of the items and/or kinds of goods combined together.

In this case the System will charge an Order Fee in addition to the Monthly Fee (as will detail below).

The Seller for the purpose of returns and cancellations will be considered as the Seller who created the bundle, meaning the Seller who created the bundle will be the authorized Seller for the addressee for any application regarding to the order.

 

  • Selling goods of different Sellers as a bundle when you are a third party who doesn’t  own any item:

In this case the Seller is offering for sale goods owned by other Sellers as a third party.  There is no limitation to the number of the Sellers and/or the number of the items and/or kinds of goods combined together.

In this case the System will charge an Order Fee in addition to the Monthly Fee (as will detail below).

The Seller for the purpose of returns and cancellations will be the Seller who created the bundle, meaning the Seller who created the bundle will be the authorized Seller for the addressee for any application.

 

All Sale Network:

The all sale network is an option at  the System which allows to a Seller who is registered to the System to sell the goods of third party  who is not a Membership in the System yet (hereinafter: “The Unregistered Seller”) .

In this case the Unregistered Seller  or the Seller who is already a Membership (subject to the party’s decision) will be charged by the System at a Lower Monthly Fee (as will be determined at the System), (hereinafter: ” The Lower Monthly Fee”).

The Lower Monthly Fee will be valid only per an item, meaning The Lower Monthly Fee will be charged only for 1 item of the Unregistered Seller for an unlimited no. of Sellers.

By charging the Lower Monthly Fee, the Unregistered Seller will be able to sell an item through the System combined with the goods of the registered Seller, but he won’t be able to create and execute bundles of his own through the System.

 

Fees and payments

Monthly Fee:  

The Operator will charge a Monthly Fee for using the Website and/or System (hereinafter: “The Monthly Fee”)  

The Monthly Fee cost is 0-147$ per one month, each month and may vary according to the plan the users will choose.

If you will want to terminate the use of the System you will send a notice to the Operator, if you sent a notice in a period before a whole month was passed, you will charge relatively to the Monthly Fee accordingly.

Order Fee:

In addition to the Monthly Fee  the Operator will charge an Order Fee for each order was executed through the System (hereinafter: “The Order Fee”)  

The Order Fee cost is $1.17 + 2%-10% per one order, each order depends on the package you join when you signup as a monthly payed user.

The Order Fee will be charged from the Seller who created the bundle.

An order will be considered ad an executed order if the System has sent to the Seller the tracking no. with the latest evaluation of delivery time (hereinafter: “The Order Execution Time”).

Until the Order was not executed, the Seller will be able to cancel the order without any Order Fee charging, after the order was executed, the Seller will not be able to get a refund for the Order Fee.

The Operator reserves the right to change the fees anytime, subject to the Operator’s notice, such change will be apply on the existing Memberships after 14 days automatically, unless the Seller gave a notice that he is terminating  the using of the System.

A Membership who chose not to receive any alerts from the System and/or the Operator, including any updates related to prices and/or fees, will be subject to the updated price and any claim such as  lack of knowledge and/or notice will not be held, it is the Membership’s responsibility to check the Operator’s fee policies from time to time.

Both fees, the Monthly Fee and the Order Fee will be charged directly from the credit card of the Membership.

Payments to the Sellers through the System

Each item offered for sale by a Seller at the System will have the price shown next to it (Hereinafter: “the Item’s Price”).

The Item’s Price is not including the fees for the System and/or any other fees to third parties such as Market Place and/or Pay Pal and/or Pioneer and/or the credit card companies.

When a seller is performing an order which includes an item from another Seller as a bundle, the System will charge from his account the required amount in order to pay to the other Seller/s.

This kind of payments will be charged directly from the Seller’s Pioneer and/or Pay Pal account and/or credit card and will be transferred to the Operator’s Pioneer account.

The Operator’s account will be managed through Payoneer’s platform: www.payoneer.com(hereinafter: “Payoneer”).

The Operator suggestion to the Memberships is to open an account through Pioneer’s platform since money transfer between Pioneer accounts is free from fee transactions.

The Membership can also open a Pay Pal account or be charged by his credit card, in this cases the Membership will be subject to Pay Pal or the credit card company fees.

In any case which  the Membership will not open an account through Pioneer or Pay Pal  or in case which the Membership will not have sufficient amount in his Pioneer and/or Pay Pal  account, he will be charged automatically from his credit card and the Operator will not be liable for the credit card company’s fees.

It is the solely responsibility of the Membership to inspect and/or check his account.

The Item’s Price amount does not belong to the Operator and/or to the Website and/or System, the item’s price amount will be held by the Operator only until the order has executed.

By using the System, each Membership gives a full and irrevocable authorization to the Operator and/or the System to charge his account and/or credit card according to the payment terms and conditions set forth.

The Membership should have no claim and/or legal grounds for such charges against the Operator and/or the System if such were charged according to the System’s Terms of Use and the Sellers’ Agreement.  

Any Membership also gives the Operator and/or the System the right and the order to hold the amounts that he is eligible to from another Membership,  as a Surety and to transfer the Surety to him accordingly (herein for: “The Surety”).

The Memberships declare that by transferring the Surety to the Operator’s account they give an order to the Operator to hold the Surety at the Operator’s account and the right to transfer the Surety amount to the Seller according to these Terms of Use and the Sellers’ Agreement.

The Surety will remain at the Operator’s account until the order has been executed or cancelled.

Cancellation of an order will be allowed only before the order was executed (before the Order Execution Time), in any other case there will be no possibility to cancel the order through the System.

In case of an executed order the Operator will transfer to the Seller the amount of his Item’s Price according to the order, in case of cancellation before the order has been executed the Operator will refund the amount to the Seller who created the order, in both cases the Operator will transfer the amount to the receiving party up to 14 business days from receiving the amount to the Operator’s account.

The Operator and/or the System will not bear the fees to third parties and such fees will be charged and be applied on each Membership through the third parties only.

The Memberships agree that the Operator and/or the System will not be responsible or liable for any amounts not received from other Membership and/or party.  

Setting a selling price to the addressee through the System:

The System will recommend the Sellers suggestions of setting the bundle price to the addressee.

“Cost Price” : Cost Price will be composed of the following:  the Items Cost Price at the bundle + Market Place’s fee + evaluation of  Market Place’s shipment cost (hereinafter: “Cost Price”).

The System’s suggestions are not taking under consideration the fees payments for the System and/or any other fees to third parties, excluding Market Place’s fees, such as Pay Pal and/or Pioneer and/or the credit card companies.

The 3 suggestions of setting the bundle’s selling price to the addressee will be as follows:

  1. Fix Price: the Seller is setting the price according to his own declaration, a Fix Price to the entire bundle.In this case the System will evaluate the Seller’s profit according to the Fix Price determined by the Seller (hereinafter: “Fix Price”)
  2. Cost Price + Fix Profit: the System will suggest the bundle’s selling   price according to the Cost Price + the profit fix amount that the Seller will declare (hereinafter: “The Cost Price + Fix Profit”).
  3. Cost Price + Percentage of Profit: the System will suggest the bundle’s  selling price according to the Cost Price + the profit’s percentage that the Seller will declare (hereinafter: “The Cost Price + Percentage of Profit”).

The Sellers should be noted that the 3 suggestions as mentioned above are set as a suggestion and advice only, moreover, Market Place’s shipping cost when taken under consideration at the System’s calculation is an evaluation only, the shipping cost is subject to changes according to Market Place’s terms, the accurate shipping cost will be known only after the completion of the delivery.

Therefore, the Seller could be charged by additional charges such as shipping costs and the profit could be changed correspondingly.

The Seller shall have no claim, suit or demand against the Operator due to such changes.

Use of the System, is, therefore, performed at the Seller full and sole responsibility, the Operator does not guarantee that there will be no errors during the calculations and it is the solely responsibility of the Seller to check and set his bundle’s selling price to the addressee, the Seller should not be entitled to rely the System’s suggestions.

Insurance of shipping cost differences:

The insurance will be affective in a case of deviation in a rate of 80% and more between the System’s shipping cost evaluation and the actual shipping cost in practice, in such cases  the Operator commits to pay to the Seller the cost shipping difference between the evaluation and the actual shipping cost.

Seller’s obligations and declarations:

The following rules apply to the use of the Website and System by the Users and Memberships.

The Users and Memberships agree that they will not:

Violate any applicable law or regulation in connection with their use of the Website and/or System.

Modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of Website and/or System or interfere with or disrupt the operation of the Website and/or the System.

Attempt to probe, scan or test the vulnerability of our System or network or to breach security or authentication measures without proper authorization.

Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

Scrape or collect content from the Website and/or System via automated means.

Submit, post, or make available false, incomplete or misleading information to the Website and/or System or otherwise provide such information to us or, impersonate any other person or business.

The parties agree not to distribute, upload, make available or otherwise publish through the Website and/or the System any suggestions, information, ideas, comments, questions, notes, plans, proposals, graphics, drawings, designs, text, information, audio, photos, software, music, sounds, video, comments, messages or similar materials that are:

  • unlawful or encourages another to engage in anything unlawful;
  • false, misleading or fraudulent;
  • contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;

Violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; or, is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable.

The Sellers represent and warrant  that they own or otherwise control the rights to the content and any and all elements thereof; that they have the rights from any and all third parties appearing in such content to use such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your submission of said Content; and that the submitted Content will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations.

The Operator reserves the right, at its sole discretion, to choose any content to include or not include such content on the Website or System.

The Website is under no obligation to maintain the Website or System, or any information, materials, content or other matter you submit, post, or make available to or on the Website or System.

The Website reserves the right to withhold, remove and or discard any such material.

The parties agree to honor their consents and obligations as settle and written at the Sellers’ Agreement.

Disclaimer of warranties and limitation of liability:

The Sellers shall have no claim, suit or demand against the Operator due to the features of the contents, their capabilities, limitations, compliance with the Seller’s  needs or responses resulting (if any) from the publication of contents on the Website and/or System.

Use of the Website and /or System, is, therefore, performed at the Seller’s full and sole responsibility.

The Sellers declare that the System’s responsibility is only to fulfill and execute the Seller’s orders according to the System’s Terms of Use.

As long as authorizations are being used according to the Seller’s orders and these terms, the Operator will not be responsible for any claim and/or demand and/or damage and/or any other consequence as a result of using the System.

The Sellers declare that they are aware that the use of the System is subject to all of Market Place’s policies and/or conditions and/or restrictions and/or rules, including but not limited to the following:  selling policies, Seller code of conduct, bundle policy, shipping policy, listing restrictions and/or any other Market Place’s terms related to the Users.

It is the User responsibility solely to obey Market Place’s terms, restrictions and prohibitions.

The System does not alert and/or enforce Market Place’s terms; the System will execute the orders and shipping according to the User’s instructions only.

If the Seller failed to obey Market Place’s policies and/or any third party’s rules and policies, the Operator will not be liable to dismiss the Seller from his obligations already made through the System.

The Operator has no liability whatsoever for any consequence resulting the use of or reliance upon the System and/or Website.

The contents on the Website and/or System are not a substitute for any professional advice.

The Seller acknowledges that the Operator and/or System are not responsible for, and has no liability for, any non-payment or other non-performance of corporation with other Seller that made through the Website or System.

When a Seller use the System he may also be using the services of one or more third parties, such as Pioneer and/or Pay Pal and /or credit card companies and/or any other third party.

The Seller’s use of these third party services may be subject to the separate policies, Terms of Use, and fees of these third parties.

The Operator will not be responsible and/or liable for any of third parties function and/or duty and/or responsibility including but not limited to the following:  delivery times and/or failure of a shipping and/or fees and/or un supplied goods by other Sellers and/or defecting goods and /or goods returns and/or money refund and/or indemnification and/or compensations between Sellers.  

The Seller understands that it is his sole responsibility to perform due diligence on content sourced through the Website, and service providers or clients that he does business with through the System, and the sole risk of any liability associated with his use.

The Website and/or System may include the opinions, statements and other content of third parties. The Website and/or the System is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with laws.

The Operator does not undertake that the Website’s and/or System’s services shall operate without disruption or interruption or be provided regularly, function safely and without error, or be immune to unauthorized access to the Operator’s computers or to damage, malfunctions, failures and defects – in hardware, software, communication lines and Systems, at the Operator or at any of its providers.

Use of the Website and System is at the Seller own risk.

The Website and/or System, and all content thereon, are provided “as is” and without any warranties, express or implied.

The Website and/or System disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

The Website does not warrant that the Website or System will be uninterrupted or error-free, that defects will be corrected, or that the Website or System is free of viruses or other harmful elements.

To the maximum extent permitted by law, in no event will any of the Website or System be liable to you based on or related to the Website or System, whether based in contract, tort (including negligence), strict liability or otherwise, the Website and/or System shall not be responsible for any losses or damages, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website and/or System even if the Website or System  and/or related parties have been advised of the possibility of such damages.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then the Seller agrees that neither the Website and/or System Parties shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from the Seller’s use of the Website or System.

Links on the Website and/or System:

The Website and/or System provide links to various pages on the Internet.

Such links may direct you to a various content on the Internet. Most of the content is not published by the Operator or on its behalf and the Operator does not control or supervise such content.

The fact that the Website and/or System contains links to such content does not indicate that the Operator consents to such content and does not provide any guarantee of their authenticity, correctness and lawfulness and the practices of the owners of such content on privacy matters and in any other aspect related to their operation.

You may find that such content do not correspond to your needs or that you object to their content or consider them to be aggravating, annoying, improper, illegal or immoral.

The Operator is not responsible for the contents to which the links lead and is not responsible for any consequence resulting from your use thereof or reliance thereon.

The Operator does not warrant that the links in the Website and/or System will function properly and lead you to an active Website. The Operator may remove links from the Website and/or System or refrain from adding new links, at its sole discretion.

The Website and/or System include commercial contents, such as advertisements, that are posted on behalf of various advertisers or Users, who seek to offer goods or services for sale. Such contents may be expressed by texts, images or sounds.

The Operator shall bear no responsibility for commercial contents post on the Website and/or System.

The Operator does not write, check, verify or edit the content or the correctness of such advertisements. The advertisers bear sole responsibility for any commercial content and for any consequence resulting from the use of such contents or from reliance upon them.

The posting of commercial contents on the Website and/or System does not constitute a recommendation or an encouragement to purchase the services or the goods that are offered for sale.

Any transaction made further to commercial contents posted on the Website and/or System shall be negotiated directly between yourself and the relevant advertiser.

The Operator shall not be a party to any such transaction and it shall bear no responsibility for the goods and services offered in or purchased based on the commercial contents on the Website and/or System.

Intellectual Property

Any copyrights and intellectual property on the Website and/or System, in the services offered thereon and in any content contained therein (except for contents posted by the Memberships of the Website and/or System) are the exclusive property of the Operator or a third party who authorized the Operator to make use thereof.

You may not copy, distribute, display in public, perform in public, make available, change, arrange, create derivative works, sell or lease any of the aforesaid, whether by yourself or through or jointly with any third party, by any means or device, whether electronic, mechanical or optic, photographic or recording, or in any other way, without the prior written consent of the Operator or the other right-holders, as the case may be and subject to the conditions of such consent (to the extent given).

Trademarks and advertisements of advertisers on the Website and/or System are the exclusive property of these advertisers. You may not make any use of any such trademarks and advertisements without the prior written consent of the relevant advertiser.

The Operator does not claim title to contents that the Sellers post on the Website.

However, by posting contents on the Website and/or System you represent that you hold all the rights in the contents and that you are entitled to post them. If you are not the author or the right-holder of the contents you post, then you represent that you are duly authorized by the right-holder to post the contents on the Website and/or System and to grant rights of use as specified below.

The Website and the Operator will not be responsible to any dispute between the Sellers regarding to intellectual property, including copyrights at the content, the parties will be responsible to settle this issue between them only and they and/or any third party will have no claims or demands to the Operator.

Indemnification

You undertake to indemnify the Operator, its employees, managers or anyone on its behalf, for any damage, loss, loss of profits, payment or expense they will incur – including legal fees and trial costs – due to the violation of these Terms of Use.

Furthermore, you will indemnify the Operator, its employees and managers or anyone on its behalf, for any claim, suit and/or demand made against them by any third party as a result of your use on the Website and/or System.

Changes in the Website and Termination of Services

The Operator may, from time to time, change the structure, display and design of the Website and/or System and the scope and availability of the services offered, charge payment for such contents and services at its discretion and change any other aspect related to the Website and/or System – all without any need for prior notification.

Such alterations shall be performed, among others things, while taking into account the dynamic nature of the Internet and the technical and other changes which may occur from time to time.

You will have no claim, suit and/or demand against the Operator as a result of the execution of such changes and/or of malfunctions deriving from their execution.

Without derogating from the aforesaid, the Operator may terminate all or part of these services from time to time. The Operator shall give reasonable advance notice on the relevant Website regarding termination of the services. Upon termination of the services, the Operator shall store the material contained on the Website for an additional reasonable period of time and shall then be permitted to delete it without saving any back-up thereof and with no further notice.

Applicable law and Jurisdiction

This agreement shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles.

Any dispute which may arise against this Website and/or System and/or the Operator, including disputes concerning usage of the Website and/or concerning these Terms of Use, shall be brought only before an arbitrator shall be entitled to grant provisional remedies and interim orders. The arbitration shall take place in the city of Tel – AVIV. The arbitrator shall not be bound by the rules of civil procedure but shall be bound by the law of evidence and substantive law. The arbitrator shall give reasons for his decision.

This section constitutes an arbitration agreement between the Website and his Users for all intents and purposes.

Subject to and without derogating from the aforesaid, in any matter that does not fall within the jurisdiction of the arbitrator, or any matter in which this arbitration agreement does not apply, for any reason whatsoever, exclusive jurisdiction shall lie with the competent court in TEL – AVIV district in Israel.

Any dispute which may arise between the Sellers and/or any other third party (except the Website), including disputes concerning usage of the Website and/or System  and/or concerning these Terms of Use, shall be brought to a court or arbitrator according to the applying law or the consent of the parties.

Loading please wait......