TERMS AND CONDITIONS
Last updated
September 03, 2023
AGREEMENT TO OUR LEGAL
TERMS
We are Apssland LTD
, doing business as MEATY
(
"Company," "we," "us," "our")
, a company registered in
Israel
at בידר דבאלא
, אום אל-פחם
3001000
.
We operate
the mobile application Apssland LTD
(the "App"), as
well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the
"Services").
You can contact us by phone at 0527068607, email at jabareenkaram@gmail.com
, or by mail to
בידר דבאלא
, אום אל-פחם
3001000
,
Israel
.
These Legal Terms constitute a legally
binding agreement made between you, whether personally or on behalf of an entity ("you"
), and Apssland LTD, concerning your access to and use of the
Services. You agree that by accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
SMS message that informs users about the updates to your Terms and Conditions
The Services are
intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age
of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms prior
to you using the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
Our Content and Marks are protected by
copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or
through the Services "AS IS" for your personal,
non-commercial use or internal business purpose
only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: jabareenkaram@gmail.com. If we ever grant you
the permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted
to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By
sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our "PROHIBITED
ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights to any such Submission;
- warrant that any such Submission are
original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions;
and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible
for your Submissions and you expressly agree to reimburse us for any
and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
By using the Services, you represent and
warrant that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply with these Legal Terms;
(4) you are not under the age of
13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or
unauthorized
purpose; and (8) your use of the Services will not violate any
applicable law or regulation.
If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
You may be
required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5.
PRODUCTS
We make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on the Services. However, we do
not guarantee that the colors, features, specifications, and details of the
products will be accurate, complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual
colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products
at any time for any reason. Prices for all products are subject to change.
We accept the following forms of
payment:
- Visa
- Mastercard
- American Express
- Discover
- Isracard
You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the Services. You further agree
to promptly update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may change prices at
any time. All payments shall be in ILS.
You agree to pay all charges at the prices
then in effect for your purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order
placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may include orders placed by or under
the same customer account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers, or distributors.
7. RETURN POLICY
All sales are final and no refund will be issued.
You may not access or
use the Services for any purpose other than that for which we make the Services available. The
Services may not be used in connection with any commercial
endeavors except those that are specifically
endorsed or approved by us.
As a user
of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking
to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up a part of the Services.
- Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or
launch any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses
.
- Use
the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
9. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or
on the Services, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions"). Contributions
may be viewable by other users of the Services and through
third-party websites. When
you create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and owner
of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services and these
Legal Terms.
- You have the written consent,
release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by
the Services and these Legal Terms.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used
to harass or threaten (in the legal sense of those terms) any other person and to
promote violence against a specific person or class of people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any use of
the Services in violation of the foregoing violates these Legal Terms and may result
in, among other things, termination or suspension of your rights to use the
Services.
You and Services agree
that we may access, store, process, and use any information and personal data that you provide
and your choices (including settings).
By submitting suggestions
or other feedback regarding the Services, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
11.
MOBILE APPLICATION LICENSE
Use License
If you access the Services
via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or controlled by you, and to access and
use the App on such devices strictly in accordance with the terms and conditions of this mobile
application license
contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or derivative work from the
App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of
the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available
over a network or other environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the App to send
automated queries to any website or to send any unsolicited commercial email; or (9) use any
proprietary information or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications, accessories, or devices
for use with the App.
Apple and Android
Devices
The following terms apply
when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor")
to access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile application license contained in
these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with
respect to the App; (3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum
extent permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been designated by the US government
as a "terrorist supporting" country and (ii) you are not listed on any US
government list of prohibited or restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be
in violation of their wireless data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms and conditions in
this mobile application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
12. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or
you may be sent via the App
) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content"
). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting
the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the Services
or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
13. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Services.
14.
PRIVACY POLICY
We care about data privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
Israel
. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
Israel
, then through your continued use of the Services, you are
transferring your data to
Israel
, and you expressly consent to have your data transferred to and
processed in
Israel
.
15. TERM
AND TERMINATION
These Legal Terms shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
16. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the
Services without notice at any time. We will not be liable
to you or any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.
17. GOVERNING
LAW
These Legal Terms shall be
governed by and defined following the laws of
Israel
. Apssland LTD and yourself irrevocably consent that the courts of
Israel
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
18. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
__________ days before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding
Arbitration
Any dispute
arising out of or in connection with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the International Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause.
The number of arbitrators shall be __________. The seat, or legal place, or
arbitration shall be
__________
. The language of the proceedings shall be __________. The governing law
of these Legal Terms shall be substantive law of
__________
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS
OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
23. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails,
and completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of credits
by any means other than electronic means.
25. MISCELLANEOUS
These Legal Terms and any policies or
operating rules posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal
Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. WEIGHT VARIATIONS
We sell products by weight, and it's important to note
that there may be slight variations in the actual weight of the products compared to the weight
displayed or typed at the time of purchase. These variations can be up to ±12% of the typed weight.
Overweight: If the actual weight of the product exceeds the typed weight by up to 12%, you will be
charged for the higher weight.
Underweight: If the actual weight of the product is less than the typed weight by up to 12%, you
will be refunded or credited for the difference.
Please be aware that these weight variations are a natural occurrence in the handling and packaging
of products. We make reasonable efforts to ensure that the weights are as accurate as possible.
By purchasing products from [Your App Name], you agree to accept these weight variations, and any
charges or refunds resulting from them.
Including this section in your Terms and Conditions informs your customers about the weight
variations and sets clear expectations regarding potential charges or refunds. However, it's
important to maintain transparency and fairness in handling such cases, and you should also ensure
compliance with any applicable consumer protection laws in your jurisdiction.
27. מדניות ביטול עסקה
ביטול עסקה בהתאם לתקנות הגנת הצרכן (ביטול עסקה), התשע"א-2010 וחוק הגנת הצרכן, התשמ"א-1981
28. CONTACT
US
In order to resolve a complaint regarding
the Services or to receive further information regarding use of the Services, please contact us
at:
Apssland LTD
בידר דבאלא
אום אל-פחם
3001000
Israel
Phone: 0502254442
meatyapp@gmail.com