Terms of Use
These terms of use are a legal agreement between you and Israel Credit Cards Ltd. (“ICC”). These Terms of Use specify the terms under which you (“You”) may access and use ICC’s website located at www.cal-platform.com (the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, CLICKING “I AGREE,” OR OTHERWISE MANIFESTING YOUR ASSENT TO THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
USE OF THE SITE
1. The use of the Site is limited to use within the territory of the State of Israel only. Browsing the Site is free of charge, unless otherwise clearly and explicitly stated. Browsing and/or using the Site, the information, and the content contained therein are exclusively for legal purposes and for the purposes for which the website is intended, for your personal use only, and no further, commercial or other use may be made of it. Also, it is prohibited to carry out any action that constitutes a violation of the provisions of these terms of use and/or the provisions of the law and/or that has the effect of detracting from any of the rights of ICC and/or of any other third party and/or that may otherwise affect the Site. The use of the Site is allowed only to those who are qualified to perform binding legal actions.
2. The information and/or any part of it may not be publicly published and any product derived from the information, whether printed or embedded on any magnetic or optical means, or by any other means, shall not be published without the prior written approval of ICC and according to the conditions determined by it.
3. You shall not do or permit or encourage any of the following license restrictions (in whole or in part): (a) copy, “frame” or “mirror” the Service; (b) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute or make available the Site to any third party ; (c) publicly perform, display or communicate the Site; (d) modify, alter, adapt, arrange, or translate the Site; (e) systematically collect any data from the Site (by scraping or otherwise), decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of the Site; (f) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in the Site; (g) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Site; (h) make a derivative work of the Site, or use it to develop any service or product that is the same as (or substantially similar to) it; (i) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Site; (j) employ any hardware, software, device, or technique to pool connections or reduce the number of licenses, servers, nodes, or users that directly access or use the Site (sometimes referred to as ‘virtualization’, ‘multiplexing’ or ‘pooling’) in order to circumvent the restrictions on use contained herein; (k) forge or manipulate identifiers in order to disguise the origin of any data or content inputted or uploaded to, or transmitted through, the Site; (l) take any action that imposes or may impose (as determined in ICC’s reasonable discretion) an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support the Site, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure; or (m) otherwise access or use the Site other than as expressly permitted herein.
4. 5.2 ICC reserves all rights, title and interest in and the Site and its domain name, as well as all improvements and modifications to and derivative works of any of the foregoing, together with all related intellectual property rights. No rights are granted to you, hereunder, whether by implied license, estoppel, operation of law or otherwise, other than the limited license expressly set forth above. Without limiting the foregoing, ICC (and/or its licensors, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including without limitation all Intellectual Property Rights) in and to: (a) the Site, all content appearing therein, all related software and technology, and all intellectual property rights in the foregoing and any and all suggestions, improvements, derivative works, enhancement requests and/or modifications of/to any of the foregoing, regardless of inventorship or authorship, including, without limitation, all Feedback. “Intellectual Property Rights” means any and all rights, titles, and interests (under any jurisdiction or treaty, whether protectable or not, and whether registered or unregistered) in and to any technology, invention, work of authorship, software, database, data, know-how, software, design, and/or other intellectual property, and includes but is not limited to patents, copyrights and similar authorship rights, moral (and similar personal) rights, mask work rights, data and database rights, trade secret rights and similar rights in confidential information and other non-public information, design rights, industrial property rights, trademark, service mark, trade name, trade dress and similar branding rights, as well as: (i) all applications, registrations, renewals, re-examinations, extensions, continuations, continuations-in-part, Provisionals, substitutions, divisions or reissues of or for the foregoing; and (ii) all goodwill associated with the foregoing.
5. You hereby irrevocably assign to ICC any rights that you may have in any of the foregoing and shall make all assignments and/or waivers necessary or reasonably requested by ICC to ensure and/or provide ICC (and/or its designee(s)) the ownership rights set forth in this paragraph. ICC shall not be required to make any payment or provide any royalty or attribution to you or any third party in connection with any such assignment.
PRIVACY AND SECURITY
1. ICC collects, stores, and uses personal details of You and contact persons in accordance with the Privacy Policy: גאטס, צריך להוסיף את הכתובת/ לקשר לחלק של מדיניות הפרטיות. You will provide all necessary notices and, where applicable, secure all necessary consents or other lawful grounds, to facilitate ICC’s use of any Personal Data provided by You to ICC, for the purposes described in the Privacy Policy. You must notify your employees and any other natural person who can be identified by data that you provide us that they do not have a legal obligation to provide us with Personal Data related to them. However, in such case we may not be able to contact you or provide You some (or all) of the services through the Site.
2. Security. ICC will undertake all reasonable security measures required in accordance with applicable industry standards. Notwithstanding the above, ICC shall not be responsible for any security Incident or other loss, destruction, alteration, unauthorized disclosure or corruption of information caused by You, any third party acting on behalf of You, or due to any act or omission beyond ICC’s reasonable control.
DISCLAIMERS
1. THE SITE IS PROVIDED AND MADE AVAILABLE HEREUNDER ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS, WARRANTIES AND REPRESENTATIONS (INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION, NON-INFRINGEMENT OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED. ICC DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION REGARDING, WITHOUT LIMITATION, THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF THE FOREGOING, OR AS REGARDS TO COMPLIANCE WITH ANY LAWS OR REGULATIONS. ICC WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO PUBLIC NETWORKS OR HOSTING PROVIDERS.
2. The content published on the Site does not constitute a commitment on behalf of ICC to carry out any transaction or action unless explicitly stated otherwise. It will be clarified in this context that any content published on the Site by ICC does not constitute advice or recommendation in any way in connection with ICC’s services and any use you make of it is at your own risk.
3. ICC does not guarantee that the content presented on the Site is accurate and/or valid and/or complete and/or suitable for your needs and/or expectations, and it does not present any representation to You regarding the feasibility of using it.
LIMITATION OF LIABILITY; INDEMNIFICATION
1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ICC, ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT FOR: (A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, OR WASTED EXPENDITURE; (C) ANY LOSS OF, OR DAMAGE TO, DATA, INFORMATION SYSTEMS, REPUTATION, OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
2.In the event a third party makes or institutes any claim, action, or proceeding against ICC or any of its Affiliates that arises from or relates to (i) breach by You (or anyone on your behalf) of these Terms of Use, (ii) Your (or anyone on your behalf) gross negligence or wilful misconduct, You shall: (a) at your own expense, defend against the claim; and (b) indemnify and hold harmless ICC and/or its Affiliates for any amount finally awarded against or imposed upon ICC or its Affiliates (or otherwise agreed in settlement) under the claim.
MISCELLANEOUS
1. External Sites. The Site may contain links to third-party websites (“External Sites”). The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. ICC is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
2. Updating the Terms of Use and the Privacy Policy. ICC may modify any term contained herein at any time, provided that it provides notice by posting the new Terms of Use and/or Privacy Policy in the Site. By continuing to use the Site, You constitute acceptance of the modified terms. You agree to review these Terms of Use periodically to be updated of any modifications.
3. Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, at any time, without ICC prior written consent. ICC may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, at any time, without your prior written consent.
4. Governing Law; Jurisdiction. These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Israel, without regard to any conflicts of laws rules or principles; and any claim, dispute or controversy between You and ICC will be subject to the exclusive jurisdiction and venue of the courts located in Tel Aviv, Israel, and each of you and ICC hereby irrevocably submits to the personal jurisdiction of such courts and waives any jurisdictional, venue, or inconvenient forum objections to such courts.
5. Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then: (a) the remaining provisions shall remain in full force and effect; and (b) such provision will be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such illegality, invalidity or unenforceability), and will be substituted (in respect of such jurisdiction) with a valid, legal and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.
6. Waiver and Remedies. No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof, or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing, duly signed by the waiving party, and will be valid only in the specific instance in which given. Except as may be expressly provided otherwise herein, no right or remedy conferred upon or reserved by either party hereunder is intended to be, or will be deemed, exclusive of any other right or remedy hereunder, at law, or in equity, but will be cumulative of such other rights and remedies.
7. Contact Us. Any question arises from the use of the Site can be directed to ICC on email: contactus@cal-platform.com