Terms of Usage for "Tzedaka-App" Application
1.1. Welcome to Tzedaka-App Application (hereinafter: "The Application").
1.2. The Application is the property of Donate Now Company Ltd. Malta (hereinafter: "the Owners") and any use of it, made by you, is subject to the provisions of the Terms of Usage (hereinafter: "the Terms"), hereunder.
1.3. IN CASE YOU DO NOT AGREE TO ANY AND ALL OF THE PROVISIONS INCLUDED IN THESE TERMS OF USAGE, YOU SHOULD REFRAIN FROM DOWNLOADING, UPLOADING AND MAKING ANY USE OF THE APPLICATION. BY USING THIS APPLICATION YOU HEREBY AGREE TO ITS TERMS.
THE OWNERS RESERVE THE RIGHT TO CHANGE THESE TERMS OF USAGE AND YOU UNDERSTAND AND AGREE THAT IF YOU USE THE APPLICATION AFTER THE DATE ON WHICH THE CONDITIONS HAVE CHANGED YOU ACCEPT UPON YOURSELF ITS VERSION AT THE TIME OF USAGE.
1.4. If you are under legal age (such as the age of 18 or 21, depending on your country/State), you may not use this Application or perform any activity without the full consensual permission of both/all your parent(s)/legal guardians in each activity and after their consent to these Terms of Usage. By clicking "I Agree" you are confirming that they read and agree to all the provisions of these Terms of Usage.
1.5. This Application is aimed at assisting donating moneys, directly or through vouchers, to charity organizations throughout the world.
1.6. YOU HEREBY EXPLICITLY AGREE, THAT THE OWNERS ARE TOTALLY EXEMPT FROM ANY RESPONSIBILITY, DAMAGE OR INCONVENIENCE, TO YOU OR OTHERS, REGARDING ANY DONATION YOU EXECUTED OR RECEIVED, OR ANY INTERACTION BETWEEN YOU AND ANY OTHER USER AND YOU TAKE ALL SUCH RESPONSIBILITY UPON YOURSELF ALONE.
1.7. This Application may also not be construed as constituting any binding or implied undertaking to supply any goods, services, information or content, and shall not apply any responsibility on goods, services, information or content supplied on, by, or throughout the Application, all of which you should verify by yourself before any donation to any entity.
1.8. USING THE APPLICATION, AS WELL AS USING ANY INFORMATION, CONTENTS, VOUCERS, PAYMENT MEANS OR OTHER MEANS BY THE APPLICATION IS AT THE USER'S SOLE RESPONSIBILITY.
2. The Terms of Usage
2.1. The Terms apply on whoever has made, is making and/or shall make use of the Application.
2.2. The Terms apply to this Application and any part hereof, including designs, source code, software modules and any other content of the Application and/or which the Application allows access to and/or their uploading or downloading, and they constitute an integral part, hereof, and of the Application operation and/or services offered by it, with or without consideration.
2.3. In the Terms, any use of the masculine form or the feminine form is for convenience purposes only, and the provisions herein are intended for both men and women. Furthermore, any reference made to the singular shall mean to include the plural form as well and vice versa.
2.4. The provisions of the Terms are accumulative and/or substitutive and/or complementary, as relevant to the context.
4. Registration & Access to the Application
4.1. The Owners reserve the right to allow accessing to the Application by registration process either by the Application means or through third parties such as Facebook or others.
4.2. The Owners reserve the right to allow or deny the use of the Application at any time, as well as change and/or cease the option to do so, at their sole discretion.
4.3. Access to the Application or part hereof and the possibility to perform certain actions may be feasible for certain users yet limited for others, or may not be possible at all and/or involve the allocation of a user name and/or password and/or dependent upon the fulfillment of a questionnaire and/or the providing of personal details, and alike, at the sole and absolute discretion of the Owners.
4.4. The Owners may decide all of the above said in all of section 4, without prior notice, or continue to require that, or cease to require that, or do so from time to time, without prior notice, at their sole and absolute discretion.
5. Use of Information You Provided
5.1. If you provided an email address, phone number or other communication means, you hereby agree to accept messages from them including for advertisements, invitations, offers, notices and commercial messages of any sort. You are allowed to request the cessation of the transmission of the said messages in accordance with the provisions of any law by sending email to the Owners as detailed herein.
5.2. By using the Application, you hereby consent to the collection and follow up of your personal data, information, content, actions and usage habits, and these shall be used for various needs, including commercial and marketing.
6. Types of Contents in the Application
6.1. Under the Terms, the expression "content" or "information" shall include any service, product, source code, software module, software application, text, photograph, picture, design, illustration, map, sound track, video track, graphics, expression, creation, knowledge, or other information, entirely or partially, presented in this application and/or used for its planning/characterization and/or which are included in it and/or addressed to/from it, and that - in any type of communication and/or connection, whether with or without consideration, by you and/or any third party, as well as intellectual property rights, including but not limited to patents, trademarks, copyrights and moral rights, associated with any of the above.
6.2. Information on this Application may be inserted thereto, by third parties such as information providers, charity organizations, users and alike, which the Owners shall not be responsible for and you agree that in using the Application you may be exposed to inaccurate, offensive, indecent or otherwise, content that is objectionable to you. You also agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Owners with respect to any such Content.
6.3. The Owners reserve the right to choose whether and which contents shall appear and/or be advertised, or cease/continue to appear and/or be advertised on the Application, or shall appear/be advertised from time to time, all at their sole and absolute discretion and without prior notice or retroactive update.
6.4. The Owners may, from time to time, change, add, derogate, delete and update the Application contents and/or appearance and/or operational method and/or usage method and/or products and/or services included herein, without prior notice and at their sole discretion.
6.5. The Owners reserve the right to include in the Application contents which constitute their/others advertisements and/or any other commercial contents (hereinafter: "advertisements").
6.6. Pictures, illustrations and simulations appearing in the Application on behalf of the Owners for explanation purposes are for illustration only, and do not oblige the Owners.
6.7. The advertisements or services offers appearing in the Application and/or sent to its users are at the advertisers'/ service-providers' complete and sole responsibility.
6.8. The Application contents may contain mistakes, including dates, prices, payment terms and more, and the Owners reserve the right to amend any such mistakes at all times without bearing any responsibility for the mistake and/or the amendments thereof.
7. Searching Contents in the Application
You hereby agree that the Owners reserve the right to actuate access ways, search means and/or search engines in the Application, to allow access to contents you uploaded or downloaded or other contents in the Application or part thereof at the Owners' choice, as well as to change and/or cease to do so, at their sole discretion.
8. Application Contents Availability
You hereby approve that various faults may occur, deriving from various reasons which may prevent access and/or use of the Application, or burden them, including communication difficulties and/or maintenance purposes and/or other reasons, and the Application usage may be cut off and/or stopped without being completed and/or saved. The Owners shall be relieved of any responsibility thereof, and you should save in advance any information you consider making use of or uploading to the Application, before doing so.
9. Donating through The Application
9.1. The Application may allow you to search, select, save or define charity organizations or other such third parties in order to buy vouchers, donate vouchers, donate moneys and alike, as the case may be (all the aforementioned, hereinafter: "Charity Organization").
9.2. You hereby allow the Owners/Charity Organization to make free use of your purchasing data, excluding the payment details which shall be used subjected to your explicit consent only.
9.3. Vouchers or other donation means purchased by you, to the extent that such shall occur, are subjected to the provisions of Israel State laws.
9.4. Prices in The Application, to the extent that such shall exist, are valid as of the date of their presentation, and may be updated and changed from time to time at the Owners'/Charity Organization's discretion.
9.5. An order through The Application may not be changed and/or cancelled but under the explicit consent of the Owners/Charity Organizations in writing and subjected to cancellation fees.
9.6. The Charity Organization have the right to cancel a donation, provided that the orderer is given a notice thereof within a reasonable period of time of the purchase approval date, subject to refund of paid donation up to that date.
9.7. The responsibility for the use and/or nature of use made by the Charity Organization applies to the factual Charity Organization alone.
9.8. Any liability of a Charity Organization for any donation is subjected to the provisions of Israeli laws, and in any case shall not exceed, in its monetary scope, the actual price paid for the donation.
10. Links and Advertisements
The Application may publish to you and others any contents, advertisements, other applications and/or sources, which are not at the control and/or supervision of the Owners. Therefore, the liability for any inconvenience or damage of any kind caused by any offensive, immoral, illegal materials, or as a result of and/or by the above, does not and shall not apply to the Owners/Charity Organizations and/or whoever on their behalf.
11. Ownership Rights and Intellectual Property Rights
11.1. The intellectual property rights for the Application and any contents included herein, are protected in Israel and abroad in virtue of Israel State laws and International Conventions.
11.2. The Owners respect the ownership rights and intellectual property rights of others, and so should you.
11.3. This application and its contents are the sole property of the Owners intellectual property rights, and they are not your property, and they are not to be used but subject to the Terms.
11.4. Unless otherwise explicitly agreed upon in advance and in writing, the information and/or intellectual property rights of the Application should be regarded as the Owners alone and/or as permitted to use by the Owners or third parties, inclusive of copyrights, moral rights, trademarks, service rights, brand names, models, patents, creations, designs, inventions, trade secrets, technological information, functional information, professional information, commercial and business information, and any information and/or intellectual property right, whether registered or not (hereinafter: "the intellectual property rights").
11.5. Third parties, having intellectual property rights in contents uploaded to the Application, without the Owners' knowledge of and/or consent to it, are requested to approach the Owners and/or whoever on their behalf and report them of the matter through the email in the Contacts Details hereunder.
11.6. The Owners reserve the right to enforce, change, amend, and prevent any use and/or upload to the Application and/or advertising of contents infringing their intellectual property rights and/or those of third parties, and to demand any compensation and/or indemnity from whoever may have placed and/or places the Owners in a position of possible infringement of their and/or others' rights.
12. Usage of Application Contents
12.1. The Application and/or its contents are not to be used in an offensive manner towards an individual, his good name, privacy or rights. The Application and/or its contents are not to be used in any manner that is contradictory to the Terms and/or the provisions of any law, custom, or public regulation.
12.2. Any download and/or use of the Application and/or any of the contents included therein and/or taken therefrom, are for personal use only, and are not to be of any other use including business, marketing, massive or commercial use, unless permitted by the Owners, explicitly, in advance and in writing.
12.3. Without derogating from the generality of the above, none of the contents and/or intellectual property rights of the Owners and/or third parties are to be used without their consent, including but not limited to, by way of cutting, pasting, saving as file, duplicating, distributing, processing, deleting, adding, changing, selling, renting, lending, transferring, coping, rewriting, publicly presenting, publicly performing, creating a derivative work, or in any other way.
12.4. Whoever does so without the explicit permission of the Owners, in advance and in writing, to the extent possible and subjected to its terms, risks standing to criminal and civil trial, including orders of injunction, search, hold, monetary claims, ceasing of goods, arrest, imprisonment, and any other and/or additional enforcement means the Owners shall deem appropriate.
12.5. Permission, provided to you by the Owners, to make use of any contents on the Application, is not and shall not serve, if and to the extent provided, to derogate from the Owners' rights, including Ownership rights in general and intellectual property rights specifically, and no deed or omission shall be interpreted as a consent for transfer and/or usage of any intellectual property rights or other rights, to the permit owner or to another individual, unless agreed upon explicitly, in advance and in writing, and subject to the rights titled/owned by the Owners, or that the latter have received from third parties, and subject to the provisions of any law.
12.6. Without derogating from the above, "fair use" of the creation, as interpreted by any law, is permitted for the purpose of self-learning, research, audit, review, journalistic report, extracting quotations, instruction and examination by an educational institute only. In any fair use, the contents and application writers must be given credit. The contents are not to be damaged, distorted or altered in any way, or used for any offensive action.
13.1. The Application and its contents are presented and offered to use on "As Is" basis.
13.2. The Owners shall not bear any liability, contract and/or tort and/or other, for any use of the Application and/or its contents for any reason.
13.3. The Owners shall not bear any liability for contents submitted or uploaded by you in relation to their legality, reliability, credibility, accuracy, computerized files attached to them, and for any damage, loss, distress or consequences, directly or indirectly, to you and/or to any third party.
13.4. The Owners shall not bear any liability for any damage incurred due to the downloading of the Application and/or link/contents included therein, including the presentation or advertisement of contents in any other way. Furthermore, the complete and sole responsibility for any link, presentation, advertisement, or other contents made by you, apply to you and you, hereby, undertake to indemnify the Owners for any related damage.
13.5. The Owners are not obligated to save any contents you uploaded to and/or downloaded from the Application, and the responsibility for saving contents in your own means, is independent of the Owners and/or the Application and/or whoever associated with them, and applies to you alone. Saving such contents is subjected to the provisions of any law and the Terms.
13.6. You hereby declare that any liability and risk for any damage and/or loss and/or inconvenience incurred to you due to the use of the Application, apply to you, including: distress, economical aspects and any other damage due to filming, watching, uploading, downloading and using contents including porno, violence, alcohol, abusing/ damaging people, animals, property, or any other illegal, extreme, dangerous, unsafe, harming, or hurting activities, or threats to do so toward you, other people, animals, property and alike, physically, ethically, legally, emotionally or otherwise. It is further indicated that using the mobile phone while driving is prohibited and dangerous to you and your surroundings.
You hereby undertake to indemnify and compensate the Owners and/or whoever on their behalf, for any deed and/or omission causing the Owners direct or indirect damage, loss, loss of profit, payment or expense, whether due to the breaching of the Terms, whether due to the breaching of the provisions of any law, and whether due to any third party pretense or claim.
The laws of Israel State shall solely apply to the provisions of these Terms of Usage and their interpretation, and the place of arbitration and jurisdiction shall be that of the authorized Tel-Aviv District Court or the central district only.
16. Changes to the Terms of Usage
From time to time, the Terms may be applied with changes, updates, additions, deletions, at the absolute and sole discretion of the Owners, of which an announcement shall be advertised. If you are interested in continuing and making use of this application, you shall be regarded as agreeing to the amended terms, unless they contradict the provisions of the law.
17. Contact Us
We shall make all efforts to handle, as soon as possible, applications relevant to us. The said applications should be submitted according to the following details:
Name: Tzedaka App
Address: 48 Ben Tzevi St, Ramat Gan, Israel