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Last Update: February 20, 2020
1.1. BizzApp On Line Ltd. is a limited liability, private company, incorporated under the laws of the State of Israel (“BizzApp“). BizzApp’s software enables users to create and manage their own WordPress based websites while using numerous tools and features provided by BizzApp. The online and mobile websites and platforms created by users are collectively referred to herein as (“user platform(s)”). BizzApp’s software shall be referred to herein as (“the software”).
1.2. WordPress is a registered trademark of O’Mattic A8C Ireland Ltd. and Automattic Inc.., and the use of WordPress tools is subject to all the applicable terms and conditions here and in the official wordPress website/s.
2.3. In order to access and use certain sections and features of the BizzApp Services, you must first register and create an account with BizzApp (“User Account”). You must provide complete and precise information when registering your User Account and using the BizzApp Services, including – but not limited to – your own (or your company’s) contact and billing details and a valid e-mail address. You have to keep the log-in credentials of your User Account confidential – as you will be solely and fully responsible for all activities made under your User Account and/or User Platforms and for any damages, expenses or losses that may result from such activities – as all such activities will be deemed to have transpired on your behalf and in your name.
4.1. BizzApp allows you to create and use the Software through your Account. We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else and are not responsible for any use or effects of such Content. You explicitly acknowledge that you are the owner of all information and content sent through the Software and to the extent applicable, you must comply with all legislation, including with regard to privacy laws and laws regarding spam and/or the operation of databases containing personal or other information.
4.2 .You also confirm that you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by BizzApp Services for you, to your User Platform. (“Content”).
4.3. You agree not to submit, transmit or display any content which may be deemed as malicious, unlawful, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of BizzApp or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
5.1. BizzApp, upon its sole discretion, may charge a certain fee for some of its services, as determined by BizzApp and to change or update it from time to time. BizzApp will provide notice of such Fees when applicable. If you wish to receive or use such Paid Services, you will be required to pay all applicable Fees in advance and keep a credit card stored to pay for your Paid services according to the PCI compliance.
5.2 BizzApp and/or its affiliated companies will issue an invoice for any payment of fees, which will be issued in electronic form and will be made available to you by e-mail or via your User Account,
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
No Warranties express or implied:
THE SERVICES, LICENSE, SOFTWARE WITHOUT EXCEPTION, ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. YOU USE THE SOFTWARE AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPOLIED WARRANTIES OF ANY KIND WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BIZZAPP DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SOFTWARE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE EVENT OF ANY PROBLEM WITH THE SOFTWARE OR THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SOFTWARE AND/OR SERVICES.
We strive to maintain the reliability, accuracy, completeness and currency of personal information. BizzApp will maintain the privacy of your data, without derogating of its right to (a) collect and use statistical usage data and analytics; and (b) share Contact Information and other information regarding the Software and/or the Website. Information is collected in order to administer and operate the Services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the Services, we provide. We may (but are not obligated) disclose any information regarding the User and/or the usage of the Software at our sole discretion.
Limitation of Liability:
BIZZAPP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF THE USER OR ANY THIRD PARTY, OR FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, REGARDLESS OF WHETHER BIZZAPP RECEIVES NOTICE OF THE POTENTIAL FOR SUCH DAMAGES, AND IN NO EVENT SHALL BIZZAPP AGGREGATE LIABILITY FOR ANY CLAIM OR ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, FRAUD, MALPRACTICE, PRODUCTS LIABILITY OR STRICT LIABILITY) EXCEED THE AMOUNTS PAID OR TO BE PAID TO BIZZAPP DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION BY USER. THIS AGREEMENT ALLOCATES RISKS BETWEEN USER AND CUSTOMER; BIZZAPP’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS SECTION.
The Services may be, at any time and at BizzApp’s sole discretion, be off-line for maintenance or for any other reason, and Services or access may be denied, temporarily and/or continually and/or indefinitely, at BizzApp’s sole discretion and without consequence. BizzApp may suspend the Services, Website, Stores and Licenses, entirely or in part, at its sole discretion, temporarily or indefinitely.
You or we may suspend or terminate your Account or your use of the Software in general at any time, for any reason or for no reason, by giving notice by email. We may also terminate or suspend any account for breach or misconduct without prior notice.
BizzApp shall not be deemed in default or otherwise liable under theses Tems of Use due to its inability to perform its obligations by reason of fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond that party’s control.
All notices and communication from user to BizzApp shall be made in English and shall be considered valid if they have been sent registerd mail or delivered by hand at 14 Yaakov ahva, Petach Tikva. BizzApp can communicate user via the e-mail provided by user upon registration of via notices on BizzApp’s website. Any notices that you provide without compliance with this Section shall have no legal effect.
No term or condition of this Agreement shall be deemed waived, and no breach shall be deemed excused, unless such waiver or excuse is in writing and is executed by the party from whom such waiver or excuse is claimed. No such waiver shall be deemed a waiver of any preceding or succeeding breach or right in the same or in any other provisions hereof.
Applicable Law and Jurisdiction:
Without derogating from the aforementioned, this agreement and any dispute pertaining thereto shall, shall be governed and construed solely in accordance with the laws of the State of Israel, and brought exclusively before the competent courts of Tel Aviv, in the State of Israel.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. In the event that any provision of this Agreement is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.
7.1. We strive to maintain the reliability, accuracy, completeness and currency of personal information.
7.2. BizzApp will maintain the privacy of your data, without derogating of its right to collect and use statistical usage data and analytics; and share Contact Information and other information regarding the Software and/or the Website. Information is collected in order to administer and operate the Services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the Services we provide.
7.3. We may (but are not obligated) disclose any information regarding the User and/or the usage of the Software at our sole discretion.
7.4. When you use our Software, we may automatically receive and record information received from your computer and browser, including your IP address, cookie information, software and hardware attributes.
7.5. All Users must take into consideration that all of their activities related to the Software or the Account are exposed and that BizzApp may have access to them.
7.6. We may implement reasonable security measures to maintain the safety of information when you enter, submit, or access personal information, to the extent applicable.
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