Ginger Bit website terms
These terms (the “Terms”) serve as an agreement between Ginger Bit Technologies Ltd. (the “Company”) and you (the “User”) and govern your use of the Company’s website www.gignerbit.co.il, and any other website operated by the Company (the applicable website being used by you shall be referred to as the “Website”). By using the Website you agree to be bound by these Terms.
1. General
Users are only permitted to make regular, personal or organizational internal (as applicable), use of the Website, subject at all times to these Terms. Use of the Website may further require Users to meet certain browser, operating system and other infrastructure requirements as may be specified on the Website from time to time.
2. Other Services of the Company
Use of the Company’s application, management platform or other services offered by the Company (collectively, “Other Services”), including without limitation certain services or features of the Company’s application or platform which may be offered through the Website, are governed by additional terms or agreements that Users shall be required to agree to as a condition to such use (“Additional Terms”). A User may also be required to agree to such Additional Terms if a User registers through the Website or logs in as a registered user to use the Website. It is clarified that these Terms do not apply to Other Services, and no license or rights are granted with respect thereto under these Terms. Additional Terms and these Terms are in addition to each other, and do not derogate from each other.
3. Use Restrictions
Users are not permitted (and shall not assist or authorize any others) to: (a) copy, reproduce, modify, create derivative works from, all or any portion of the Website; (b) decompile, or reverse engineer all or any part of the Website; (c) commercially exploit the Website or any part thereof; (d) obtain unauthorized access to the Website; (e) use the Website for advertising, solicitation, sale or dissemination of unsolicited messages or notices; (f) use the Website in order to create or disseminate any viruses, worms, trojan horses or other malicious software; (g) use or launch any data mining or any similar data gathering and extraction tools, in connection with the Website; (h) use the Website in any manner that damages, disables, overburdens, or impairs the Website, Company's systems or servers, or the infrastructure on which the Website operates; (i) send or make available (publicly, to specific users, or otherwise) through the Website, any unlawful, harmful, threatening, defamatory, discriminatory, offensive, obscene, infringing, and/or harassing content; (j) use the Website in violation of any applicable law; and/or (k) attempt any of the foregoing.
4. Registration
User acknowledges that use of certain portions of the Website may be subject to registration and a creation of an account for such User (an “Account”). The registration process may require of User to provide information regarding (but not limited to) its full name, its e-mail address, its phone number and/or other information, and may also require of Users to agree to Additional Terms, as specified above. Each Account cannot be shared or used by more than one natural person User. Each User is fully liable and responsible for any use or access to the Website through its Account. Each User represents and warrants that all registration information it submits is accurate and truthful, and shall update and maintain the accuracy of such information.
5. User's Obligations
Without derogating from any other obligation of the User pursuant to these Terms, the User is responsible to: (a) enter accurate details and credentials in its use of the Website, and maintain all details and credentials entered accurate; (b) keep all credentials and passwords for access of the User’s Account secure and confidential, and promptly report any misuse of User’s Account; (c) comply with all applicable laws in User’s use of the Website. User shall promptly notify Company of any breach of these Terms of which it becomes aware. In the event of a breach of any User obligation under these Terms, Company shall be entitled to suspend or refuse Users access to the Website or any portion thereof, block User’s access to User’s Account and/or terminate the Account.
6. User Data
6.1. User represents and warrants that it has the adequate rights for (a) the submission of all data and content submitted or posted by it through or on the Website, including without limitation any identifying or non-identifying information related to such User or third parties (“User Data”) and for (b) any use or transfer permitted hereunder to be made with respect to such User Data. User shall have the exclusive responsibility and liability for the User Data and any of its own acts or omissions in respect thereof through the Website, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, and completeness of the User Data it has submitted.
6.2. User shall indemnify and hold Company harmless for any failure to comply with User’s obligations or any breach of User’s warranties under this Section 6. While Company is not responsible to verify the accuracy or legitimacy of any User Data submitted or posted through or on the Website, Company reserves the right to remove any User Data which it deems to be in violation with any of the terms set forth herein or applicable law, at Company's sole discretion.
6.3. User gives its consent to Company, and grants Company with a worldwide, royalty-free, and non-exclusive license, to collect User Data submitted through the Website, store such User Data in the Company's servers or third party's external servers which are utilized to make the Website available, and to use such User Data solely as specified in the Company’s Privacy Policy (the “Privacy Policy”) which can be found on this Website. It is clarified that such permitted uses include, without limitation: (a) use in order to provide or improve the Website, (b) compiling of statistical information and insights related to the Website its performance or its use, and use of such statistical information and insights (including without limitation public use in aggregated non identifying form), (c) transferring such information to applicable Third Party Services providers as required to provide the Website (such as providers of hosting services for storage of User Data stored in connection with the Website) or the Third Party Services elected to be used/purchased through the Website by a User so that such Third Party Services may be provided, (d) transferring User Data to a successor entity of Company by way of merger or acquisition of Company’s applicable assets, provided such successor entity will be bound by the requirements of this Agreement with respect to its use of such Customer Data.
7. Proprietary Rights
7.1. Company retains all right, title and interest, including without limitation all copyrights, trademarks, and any other intellectual property rights in and to the Website (including without limitation any content made available by Company through the Website).
7.2. As between the parties, User retains all right, title and interest to the User Data.
7.3. The Company is hereby provided a royalty free, perpetual, worldwide, irrevocable, transferable, sub-licensable right to use any and all suggestions, feedback, ideas, or input provided by Users to Company with respect to the Website, or any content posted by User on sections of the Website which are available to others (whether protectable by any intellectual property protection or not) and all intellectual property rights therein, for any purpose or use whatsoever.
8. Third Party Services
8.1. User acknowledges that Company makes available for purchase through the Website certain services and offerings of third-parties, and that the Website may link to certain websites and applications which are external to the Website (any services and/or infrastructure of third parties shall be referred to herein as “Third Party Services”). Where a User purchases such Third Party Services through the Website, it is engaging directly with the providers of such Third Party Services alone, and not with the Company. Use of any Third Party Services is subject to and governed by the applicable terms and conditions of such Third Party Services alone.
8.2. User further acknowledges that the Company also utilizes certain Third Party Services in order to make the Website available, such as, without limitation, providers of hosting services for storage of User Data on external servers controlled by such third party providers, and that the continuing availability and access to the Website may be dependent on the continuing availability to Company of the applicable Third Party Services.
8.3. USER ACKNOWLEDGES THAT COMPANY DOES NOT CONTROL OR OPERATE THE THIRD-PARTY SERVICES, AND THAT COMPANY SHALL HAVE NO LIABILITY WHATSOEVER HEREUNDER WITH RESPECT TO OR IN CONNECTION WITH ANY THIRD PARTY SERVICES, OR WITH RESEPCT TO ANY WEBSITE OR APPLICATION OF A THIRD PARTY TO WHICH THE WEBSITE LINKS OR REFERS (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE USE BY PROVIDERS OF THIRD PARTY SERVICES OF USER DATA).
9. Links to the Website
Subject to these Terms, Users may display a link to the Website as long as User’s use, as well as the linking website and its content, are not misleading, unlawful, harmful, threatening, defamatory, discriminatory, offensive, obscene, infringing, and/or harassing. User may not suggest or represent that the Company endorses or sponsors its site, product or services, nor may it tarnish, blur or dilute the quality of Company’s trademarks or their associated goodwill.
10. Disclaimer and Liability Limitation
10.1. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. FOR AVOIDANCE OF DOUBT THE COMPANY MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY THIRD PARTY SERVICES.
10.2. USE OF THE WEBSITE IS AT USER’S SOLE RISK, AND OTHER THEN THE EVENT OF THE COMPANY’S WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER IN TORT, CONTRACT, OR ANY OTHER THEORY OF LAW, FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, CORRUPTION OF DATA OR INFORMATION, ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS AND/OR THE SERVICES.
11. Miscellaneous
11.1. These Terms remain in force for so long as User’s use of the Website continues, and for an indefinite period thereafter. It is clarified that Company may terminate the availability of the Website at any time, without incurring any liability to User.
11.2. The headings used in this Terms are for convenience of reference only and shall not affect the interpretation or meaning of the terms and provisions of these Terms.
11.3. These Terms do not confer rights on any third party.
11.4. Any disputes or claims arising out of or in connection with these Terms and/or the Website, will be governed by and construed in accordance with the laws of the State of Israel, excluding its conflict of law principles. The parties irrevocably agree that the competent courts of Tel Aviv Israel shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms and/or the Website.
11.5. Any required or permitted notices to the Company hereunder must be given in writing by E-mail to the following address: office@gingerbit.co.il, through the notice section of the Website, or to the following address: Rokach 101, Tel-Aviv, Israel 6153101 by registered, express, or certified mail, return receipt requested, postage prepaid; or nationally-recognized private express courier.
11.6. Company may change these Terms by posting new terms on the Website, such terms shall be effective in respect of each User immediately once posted.