1. Introduction
1.1. The use of the website “vplans.com” (the “Website” or the “Service”)
is in accordance to the following sections and terms of use including the
Privacy Policy of the Website and according to any applicable law. By using the
Website, You signify that You agree to be bound by the Terms.
1.2. The use of the Website is restricted solely to users
aged 18 and above who are legally qualified or corporations. Your use of the
Website is restricted solely to legal purposes with accordance to these terms
of use (the “Terms”) as appearing in the Website and constitutes the
legal basis to any of your actions and/or communications during any use of the
Website. By using, accessing and/or purchasing through the Website, You signify
that You agree to be bound by the Terms.
1.3. The purpose of the Terms is to regulate the
relations between the operator of the Website, VPLAN SOFTWARE LTD, C.N. 515938728
(the “Operator”) and any person and/or entity using and/or accessing the
Website and the Service of the Operator. By using the Website, You agree to be
bound by the Terms. If You do not agree with all or part of the Terms, please
leave the Website and refrain from any use of the Website.
1.4. The Terms constitute the entire agreement between
You and the Operator and supersedes all prior and contemporaneous agreements,
proposals or representations, written or oral, concerning its subject matter.
In the event of any contradiction or inconsistency between the Terms and any
content appearing in the Website, the provisions of the Terms shall prevail.
1.5. It is clarified that the Operator reserves its
right to change and/or terminate the activity of the Website, fully or
partially, at its sole discretion and without any prior notice or consent and
You will not have any claims against the Operator in such case.
1.6. The Service is active and accessible at all hours
of the day at every day, and You may use it at all times including uploading
content to Your Account at any time. However, the activity of the Website may
be interrupted from time to time due to errors which are not controlled by the
Operator and/or due to maintenance reasons and/or due to any other reason, and
You will not have any claims against the Operator in such case.
1.7. If You have any questions regarding the Terms
and/or Privacy Policy, you may contact the Operator by email: support@vplans.com.
It is clarified that the Operator’s contact details and the Operator’s
availability are subject to change at its sole discretion and without any prior
notice or consent and You will not have any claims against the Operator in such
case.
1.8. It is hereby clarified that You declare, warrant
and understand that any of Your use and reliance on information available in
the Service is at Your own responsibility and You will not have any claim
against the Operator and/or anyone on the Operator’s behalf in case of and
damage which may occur to You and/or to Your business resulting from Your use
of the Service including a claim that You did not use other Services. For the
avoidance of any doubt, the Operator serves solely as a platform which enable
its Users to manage projects and tasks which it is the responsibility of the
User to use the Service efficiently.
2. Definitions
“Content”
means the Website, content appearing in the User Account including images,
videos, audio, online webpages, the sorting and display of information and any
other illustrative form in the above and in mailings.
“Service”
means the Website, the user account including its instructions, other related
products and services, storage services, personal support service if provided,
and any other modification and/or amendment of the above as may be made by the
Operator from time to time under its sole discretion.
“Account”
means the account opened by Your name in the Website including Your
registration or any other use of the Service without creating an account.
“Website
Errors” means any interruption in the Website’s availability due to reasons
which are not directly controlled by the Operator.
“You”
or “Users” means, inter alia, individuals and entities authorized by the
Operator to use the Service and Your employees, consultants, service providers,
agents and/or third parties which You have business with.
“Your
Data” means all data and/or information in electronic form which You
provide or as collected by the Operator in the Website during Your use of the
Website.
3. About the Terms
3.1. These Terms constitute an agreement solely between
You and the Operator. It is hereby clarified that the Operator shall have no
liability for any violation of the Terms by any third party using the Website,
and You shall hold the Operator harmless from any violation of your rights by a
third party, and all claims You may have should be addressed to such third
party.
3.2. It is clarified that the Operator shall be bound
solely by the Terms. Any advertising available on the Website including any
Content of any Users shall not be considered as any opinion, recommendation or
advice regarding the Content and its use.
3.3. Access to some of the sections of the Website is
subject to payment of subscription fees, and the Operator reserves its rights
at any time and under its sole discretion to charge any costs for any use of
the Website or the Website’s features, in whole or in part, and You will not
have any claims against the Operator in such case.
4. Subscription Terms
4.1. Users subscribing to the Service of the Website
(the “Subscribers”) will be bound to the following terms in addition to
all the Terms in this agreement.
4.2. In order to use the Services provided by the
Operator, the User must subscribe to the Service by filling a form and
providing details as requested by the Operator. It is clarified that the
Operator may change any requested details from the User at any time and under
its sole discretion; and the Operator reserves its rights to decline a
subscription request and/or cancel a subscription plan, for any reason, under
its sole discretion and without providing such reason.
4.3. It is possible to subscribe for several
subscription plans at prices appearing in the Website which are VAT inclusive
unless stated otherwise. The Operator may change the prices at any time as well
as any of the Services at its sole discretion and You will not have any claims
against the Operator in such cases.
4.4. Subscribing to the Service is subject to a fee as
decided by the Operator from time to time. The Operator reserves its right to
increase or decrease such fee and/or to change the available subscription plans
at its sole discretion and without any prior notice. In case of a decrease of
the subscription fees, the User will not be entitled to any refund and/or
discount and/or any other benefit or deduction and the User shall not have any
claims against the Operator in such case.
4.5. Any subscription plan will be automatically renewed
until cancelled by the User, and in case of a decrease of the subscription
fees, the User will not be entitled to any refund and/or discount and/or any
other benefit or deduction and the User shall not have any claims against the
Operator in such case.
4.6. The User may pay via credit card or any other
method as determined by the Operator.
4.7. Should a Subscriber not settle any payment of
subscription fees, the Subscriber’s Account may be blocked and all of the
Content in the Account may be deleted and the User shall not have any claims
against the Operator in such case. It is clarified that cancellation of the
subscription will not exempt the User from paying any unpaid fees, and the
Subscriber will not be entitled to any refund of amounts paid by it.
4.8. It is further clarified that the Operator reserves
its right at any time and at its sole discretion to change the subscription
fees and the Services it provides and/or to add additional features to the
Service and the User shall not have any claims against the Operator in such
case.
4.9. The Operator reserves its rights to shut down the
Website or any part thereof for any reason at any time at its sole discretion
and You will not have any claims against the Operator in such case, and the
Subscribers will not be entitled to any refund and/or payment deduction paid by
them for the Services.
4.10.
The
subscription is personal and non-transferrable.
5. Liability and Limitation of Liability
5.1. It is clarified that the Services of the Operator
shall not be considered as a replacement for storage and/or backup services and
therefore the Operator shall not be liable for any loss and/or deletion of data
and content uploaded by the User for backup and/or storage purposes.
5.2. The Operator shall have no liability for any damage
and/or direct or indirect punitive damages of any kind incurred to You
resulting from any reliance on any Content and Service available in the Website
including any claim for loss of information. The User shall have no claim
regarding his reliance on information available on the Website and regarding
the fact that based on the information the User did not use other services. You
will have no claim regarding information published in the Website and the
Operator shall not be liable for any information published on the Website
and/or information acquired by third parties through the Website.
5.3.
The
Operator does not warrant that all links available on the Website, including
links available on mailings sent to You by the Operator, are active and/or will
lead to an active website, and the existence of such link shall not be
considered as any opinion, recommendation or advice regarding any content
appearing in such link. In no case shall the Operator have any liability to You
regarding such matter. Without derogating from the above, the Operator shall
not be liable for any damages, direct or indirect, caused to You resulting from
Your use and/or reliance on information and content appearing in any
third-party webpages which their links may be available on the Website.
5.4.
The
Services available on the Website may be interrupted and/or may face errors.
The Operator does not warrant that the Website will be immune of any illegal
access the Operator’s computers and/or any damages, errors, faults relating to
hardware, software and/or communication line and/or any other damage which may
be caused to the Operator and/or any of its providers. The Operator shall not
be liable for any direct or indirect damage caused to You and/or any third
party including to Your assets, including, but not only, any damage resulting
from loss of information or content uploaded by You.
5.5. The information and Services available on the
Website may include inaccuracies or mistakes. The Operator does not warrant
that or the Service will be uninterrupted or error-free or that the Service or
the servers providing the Service will be virus-free or free from other harmful
components. The Operator does not warrant that the use or the result of the use
if the Service or the use of the materials deriving from the Service will be
accurate, correct and/or reliable in any manner.
5.6.
You
hereby agree that the Operator will not be liable for any unauthorized access
to Your account including any change in content You uploaded and/or sent,
whether received or sent by You or not.
5.7. The Operator has no responsibility for any content
appearing in advertisements appearing in the Website including any commercial
offers from third parties. Any claims and/or demands You may have regarding an
offer to purchase a service and/or product, whether concerning receiving of
such product or service and whether concerning its outcome should be addressed
to such third party which
provided and/or warranted to provide such service and/or product, and the
Operator and/or anyone on the Operator’s behalf shall bear no liability
regarding any offer of service and/or product.
6. Intellectual Property
6.1. All intellectual property rights, including patent
rights, copyright rights, moral rights, rights of publicity, trademark, trade
dress and service mark rights, goodwill, trade secret rights and other
intellectual property rights as may now exist or hereafter come into existence,
are solely reserved to the Operator.
6.2. Without derogating from the above, the Website, all
the webpages of the Website and their design, and all notices received by the
Operator, including email messages, are solely owned by the Operator.
6.3. You may not copy, reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative works from,
sell or exploit in any way any of the content appearing in the Website without
the Operator’s prior and written consent.
6.4. You may use the Content solely for Your own personal
use and not make any commercial use of the Content except for any use related
to Your tasks. You may not use the Content for any other purpose including, but
not only, for promoting, advertising and/or marketing commercial entities.
6.5. You warrant not to publish the Content or any part
of it except as permitted in the Terms, and You warrant not to publish any
product and/or output of information, whether tangible or intangible or in any
other form, and You will copy and/or duplicate and/or create derivative works
and/or modify and/or adapt the Content for publishing, advertising, displaying,
performing, transmitting, broadcasting, making available to the public, selling
and/or any other action without the Operator’s prior and written consent.
6.6. The Operator may, at its sole discretion, add to
the content uploaded by the User which will appear in the Website (e.g. photos,
videos and more) its name, logo or any other text.
6.7. The ownership and the intellectual property rights
of contents of third parties including images displayed in the Website are
owned by their proprietors and may be bound to any terms and third party
licenses which were granted to the Operator (“Third Party Agreements”).
The Operator does not claim any ownership of rights of such content and does
not bear any liability for any such content available on the Website. You
hereby agree to be bound to any Third Party Agreements regarding Your use of
the Website, including any future changes to the Third Party Agreements.
6.8. The Operator respects all intellectual property rights of third
parties and makes all efforts to not infringe rights of third parties. However,
if rights of any third party were mistakenly infringed, please report such
infringement to the Operator via email address: support@vplans.com.
7. User’s Warranties
7.1. You hereby warrant to the Operator that You will
not send through the Website to any third party which its details are available
in the Website any advertising materials and/or any content which is offensive,
infringing proprietary rights including content which infringes copyrights or
trademarks, pornographic content, content which is illegal to publish due to
gag orders issued by a competent court, content which is defaming and/or
violating one’s privacy, and computer software and/or computer code and/or
application containing viruses, malicious software and harmful applications,
passwords, usernames and other identifying data enabling the use of computer
software, digital files, websites and services requiring registration of payment,
freeware of registration, any information containing harmful, unlawful,
obscene, libelous and/or racist content, information which may mislead third
parties and/or any information which harms any acceptable norms of using the
internet and which may harm the internet users and specifically the Website
users and its advertisers.
7.2. Should You breach any of the above, by negligence
or on purpose, You will be held liable for any loss and damage incurred and/or
may be incurred to the Operator which will have the right to terminate Your use
of the Website immediately and to block Your access to the Website without
prior notice and at the Operator’s sole discretion and You will have no claims
against the Operator in such case. Furthermore in such case You will indemnify
the Operator, its employees, managers, shareholders and/or anyone on their
behalf for all damage, loss, loss of profits, payment and/or expense caused to
them including attorney fees and court fees.
8. Indemnification
You shall
indemnify and hold the Operator and its predecessors, successors, parents,
subsidiaries, affiliates, officers, directors, shareholders, investors,
employees, agents, representatives, members and attorneys harmless from and
against any and all losses, damages, costs and expenses (including attorneys’
fees) arising out of or relating to: (i) Your gross negligence or willful
misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or
(iv) Your breach of these Terms; and/or (v) the use by You of any third party's
intellectually property, or any action or inaction by you that infringes or
misappropriates the intellectual property rights of a third party or violates
applicable law.
9. Use of Personal Information
9.1. The Operator respects the privacy of all users of
the Website. Information regarding use of Your information can be found in the
Privacy Policy.
9.2. Upon registration, You will be requested to choose
a username and a password and provide some personal details. Such details are
necessary in order to allow You to access limited areas in the Website. It is
Your responsibility to keep such details with discretion and to update Your
username and password occasionally so only You will be able to use them. The
Operator
and/or
anyone on the Operator’s behalf will not be liable for any unauthorized use of
Your account and/or personal area by anyone who uses Your details without Your
permission.
10. Mailings
10.1.
The
Operator may offer to all its users to receive service
notifications and email messages and/or newsletters about updates, improvements
and other user notifications
regarding the Operator’s activity, including via emails (the “Mailings”).
10.2.
Upon
registration, You will be requested to provide personal information such as
phone number and email address. You will also be given the choice to accept to
receive Mailings by checking a checkbox for that purpose to your email and
mobile phone device, and this will be considered as Your consent to receive
Mailings. It is clarified that at any stage You will have the ability to opt out
of receiving the Mailings by contacting the Operator and/or by clicking on a
link available on the Mailings sent to You by the Operator.
10.3.
For the
avoidance of any doubt, the above terms in this section 10 are bound to the
Israeli Communication Law (Telecommunication and Broadcasting-1982).
11. Security
11.1.
The
Website is protected and secured using advanced security tools which are
intended to ensure safe and secure use of the Website and to protect Your
privacy. You hereby warrant that You will not act in any way that will
interrupt the activity of the Website including, but not only, theft of
information of other users and breaching the security mechanisms of the
Website. The Operator will act against You in such case by any means permitted
by law including blocking Your access and use of the Website and taking legal
actions against You in such case.
11.2.
Should
You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the
Website and You will indemnify the Operator, its employees, managers,
shareholders and/or anyone on their behalf for all damage, loss, loss of
profits, payment and/or expense caused to them including attorney fees and
court fees.
12. Term and Termination
12.1.
This
Agreement commences on the day You start using the Website and continues until
You refrain from any use of the Website and the Operator’s services.
12.2.
The
Operator may at any time terminate this Agreement with You if: (i) You have
breached any provision of the Agreement (or have acted in manner which clearly
shows that You do not intend to, or are unable to comply with the provisions of
the Agreement); and/or (ii) the Operator is required to do so by law (for
example, where the provision of the Operator’s services to You is, or becomes,
unlawful); and/or (iii) the provision of the Service is no longer commercially
viable. In the case of each of the above the Operator shall, where possible,
give reasonable notice of such termination.
12.3.
The
Operator reserves its rights, at its sole discretion, to amend the Terms at any
time by publishing such amendments in the Website and notifying of such
amendment. Any amendment will become into force immediately upon notifying of
such amendment. Your continuation of using the Website will be considered as
consent to such amended terms.
12.4.
The
Operator reserves its rights to shut down the Website or any part thereof for
without providing any prior notice and in such case the Operator shall have no
liability for any damage or loss caused to You or any other third party.
12.5.
All terms
of this agreement referring to intellectual property and limitation of
liability shall survive any termination of this agreement.
13. General Terms, Governing Law and Messages
13.1.
This
Agreement, including the Privacy Policy, constitutes the entire agreement
between You and the Operator and supersedes all prior and contemporaneous
agreements, proposals or representations, written or oral, concerning its
subject matter. No modification, amendment, or waiver of any provision of this
Agreement shall be effective unless in writing and either signed or accepted
electronically by the party against whom the modification, amendment or waiver
is to be asserted
13.2.
The
Account is personal and non-transferrable.
13.3.
The
information and the Service is provided to the User on an as-is basis, and the
User agrees that the Operator and its employees, officers, shareholders and/or
anyone on the Operator’s behalf shall have no liability for any damages, direct
or indirect, caused to You or to any third party on Your behalf resulting from
Your use and/or reliance on information available on the Website.
13.4.
This
Agreement shall be governed by and construed in accordance with the laws of the
State of Israel. Each party consents to, and agrees that each party is subject
to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any
litigation and/or dispute arising out of this Agreement.
13.5.
All
notices, permissions and approvals hereunder shall be in writing and shall be
deemed to have been given upon sending an email with confirmation of safe
receipt.