Terms of Use

Last update March 30, 2022

1. General

1.1

This Application, "superduper", constitutes a platform for online purchase of grocery products for consumers by public surfers from the Company (as defined below). The owner and operator of the Application is Spyder A.A. Ltd., registration number 516061330, address Hatachana 44, Binyamina ("the Company").

1.2

"These terms" mean these terms of use, including the privacy policy in connection with the Application (see the Privacy Policy), which will constitute an integral part of these terms, all as updated from time to time by the Company, at its sole discretion. The provisions of these terms will apply for the Application, the services available in respect thereof ("the Services"), all content connected therewith, all activity implemented by the user (as defined below) through the Application and/or the Services, and in connection with purchases through the Application. These terms will also apply for all updates and/or versions of the Application and/or the Services unless separate terms for the upgrade or version are specified by the Company.

1.3

These terms constitute a binding contract between the user and the Company, for all intents and purposes. Before any use of the Application and/or the Services, the user will read, understand and agree to these terms. It is clarified that access to the Application and/or the Services, use of the Application and/or the Services, and/or implementation of activity in the Application and/or the Services, constitute the user's declaration that these terms are known to him and are agreeable to him (including for purposes of collection, utilization and disclosure of information according to the terms, privacy policy and the Application) and are binding. If the user does not agree to any of these terms, he is asked to refrain from any use of the Application and/or the Services. It is emphasized that the user will not have any claims, arguments and/or demands, except regarding breach of these terms by the Company.

1.4

For purposes of these terms, "user" is any person accessing the Application and/or the Services, surfing in the Application and/or the Services and/or using the Application and/or the Services in any way, including implementing any activity through the Application and/or the Services. Only an adult person (and not any company, association, society and/or artificial entity), age 18 years or older, who is able to implement binding legal activity without approval of a guardian can be a user. Every user will declare that he fulfills these conditions.

1.5

All purchases through the Application and/or the Services will be implemented with an Israeli credit card and/or, insofar as confirmed by the Company, another means of payment (together – "means of payment"). A user interested to make purchases through the Application and/or the Services, will declare that he holds a means of  and/or the Services will be implemented in accordance with the rules of the Company and provision of a means of payment of that user. Only the user will bear responsibility for any damage or impairment as a result of cancelation of charges on the means of payment of that user. Subject to relevant cognitive legislation, the Company will be entitled to charge the user's means of payment in respect The Company is entitled to terminate use of any means of payment, to change means of payment available on the Application and/or the Services, and to apply different payment arrangements regarding certain means of payment of any purchase through the Application and/or the Services.

1.6

In these terms, "content" means information, data bases, texts, responses, feedback, suggestions, recommendations, wording, visual content, numbers, letters, symbols, icons, pictures, film clips, pictures, drawings, music files, graphics, characteristics, files, software, and other content.

2. Miscellaneous

2.1

It is clarified that the Company is entitled, at its discretion, to change the Application, its structure, the content thereof, the products offered therein, the Services, or any component thereof, or anything connected thererwith and/or to terminate the activity of the Application and/or the Services, any activity in connection with the Application and/or the Services and/or any part thereof, all from time to time, at any time and without advance notification. In the event that a user does not agree to a certain change, he will terminate the access to and use of the Application and/or the Services completely.

2.2

The Company is entitled, at any time and at its sole discretion, to prevent, to avoid and or to stop from a user to access the Application and/or the Services and/or entry and/or use of any of these, the possibility to make purchases through the Application and/or the Services and/or rights in connection with any of these, and/or to cancel permissions granted. In any case – in whole or in part, the Company is entitled to cancel purchases and/or activity through the Application, of a user whose behavior is inappropriate, does not act in accordance with these terms and/or who attempts to impair the appropriate management of the Application and/or the Services.

2.3

Sale of products through the Application is individual for the user and he commits not to transmit, transfer and/or sell them in any way. The Services are provided and the products are sold to the user for his personal use only and he will not utilize them for any commercial purpose. The user will not transfer, subjugate, subordinate and/or attach his liabilities and/or credit and/or part thereof.

2.4

These terms may be changed, added, updated and/or canceled by the Company, from time to time, at the Company's sole discretion, and not requiring the Company's announcement in this regard.

2.5

The above regarding these terms relates to persons of both sexes equally and use of the masculine form is intended for convenience purposes only.

2.6

Titles of the sections in these terms are intended for convenience purposes only and will not serve for interpretation of these conditions.

2.7

These conditions do not detract in any way from rights and/or measures of the Company in accordance with relevant legislation, terms detailed in other places in the Application and/or the Services and/or in any other document. Rights and/or measures of the Company in accordance with these terms (and/or terms in other places in the Application and/or the services) do not detract from other rights and/or measures to which the Company is entitled under these terms (and/or terms in other places in the Application and/or the Services). Insofar as determined by an authorized court of law that a provision of this agreement is not in effect, such determination will not impair the effectiveness of other provisions of these terms, such that these terms will be interpreted with maximum effectiveness of the intent of the ineffective provision, according to all relevant legislation.

2.8

Without detracting from additional time restrictions relating to the user in accordance with these terms, the period of obscurity for any claim against the Company will be one (1) month from the event of the claim.

2.9

All rights and/or provisions in favor of the Company under these terms will survive the end and/or cancelation of these terms and/or the agreement with the user.

2.10

Waiver of a right under these terms will not be deemed continuing waiver or waiver of other rights. The Company's non-intervention regarding breach of these terms will not be deemed its waiver in connection with the breach. The Company's behavior will not be deemed agreement and/or waiver by the Company and/or change, addition or cancelation of these terms.

2.11

For clarifications, additional information and submission of complaints, please contact the Company's customer relations department by email support@superduper.co.il or by telephone 04-8385887, Sunday through Thursday (except holiday eve or holiday) from 08:30 – 19:00, or Friday and holiday eve until 13:00.

3. Products on Application and/or Services

3.1

Except responsibility for supply of products purchased by users according to these terms in accordance with relevant legislation (insofar as subjection is not enabled), the Company will not bear any responsibility. It is clarified that the Company will not bear any responsibility for the quality of any product and/or in connection with use of the Application and/or the Services.

3.2

The Company does not commit to provide any products continuously, currently and/or during a certain period and is entitled to change them, from time to time and at any time, at its sole discretion and without advance announcement. The Company is entitled to update prices of products on the Application and/or the Services, from time to time and at its sole discretion. The price charged to the user who ordered the product is the price of the product in effect as of the date of payment for the same order (while the price viewed by the user when he chose to order the product may be different from the price before he accessed the Application).

3.3

The Company does not commit that the allocation and/or the Services will operate continuously and/or without errors, breaks, mistakes and/or disturbances, and/or without impairment to users. The user will not have arguments in respect of these possible negative consequences. The Company will not bear responsibility in connection with use of the Application and/or the Services and/or purchase of products through them.

4. Content

4.1

Insofar as the Application and/or the Services will enable the user to access, send and or advertise content in any manner, the Company will be entitled to refuse, prevent, remove and/or avoid presenting on the Application and/or the Services any content that according to its sole and complete discretion may impair the name of the Company or any other person or entity, or the public sensitivity, is inappropriate or sexually impairing or otherwise, or may cause breach of rights or privacy, illegal or unfair, or for any other reason. A user who entered content on the Application and/or the Services and in any other manner declares and confirms that he grants to the Company license and entitlement to utilize the content (without consideration and irrevocably) and that the Company will be entitled to use the content, without need to receive any agreement or payment, and confirms and commits that the Company will be entitled to use his name and/or picture in the framework of any advertisement and/or presentation of content on the Application and/or the Services, without any announcement to the user and without any payment, and that any use by the Company under paragraph 3.3 will not breach or impair rights of any third parties. The Company's rights under the above will be maintained without time limitation. Also, the user confirms that he is aware that from the moment of presenting and/or advertising the content, it will be exposed to the public, for all intents and purposes, and takes this into account. The user confirms that the Company holds a good name in its area of activity and he will avoid any impairment of its good name, including avoiding any activity on the Application or otherwise that may impair such good name. All content is subject to these conditions and to additional conditions in the Application and/or the Services enabling presentation of content. The Company is not committed that the Application and/or the Services will enable users to present, send and/or advertise content and the Company bears no responsibility in connection with such content.

4.2

In presenting content, the user confirms that he holds all rights therein or holds appropriate legal permission from the owner of the rights thereto, that he is entitled to transmit the content for advertising and there is no restriction, limitation and/or prohibition to present the content on the Application and/or the Services and/or to advertise. The Company will not bear responsibility for any impairment or damage caused as a result of breach of rights of holders of rights in the content and will not bear any responsibility in connection with any content. The user commits that the content will be legal and appropriate, not untruthful, erroneous, causing hurt, impairment and/or damaging, does not include pornography and/or damage to personal modesty and is not intended to cause or to encourage criminal or prohibitive activity, gambling, violence and/or racism, and will not impair the privacy, good name an or IP rights of any person or entity. The user bears responsibility and full sole commitment in connection with the content presented or advertised, including in the framework of participation in chats, blogs, email announcements, and commits to indemnify and reward the Company for any damage and/or impairment (including expenses, e.g. legal expenses, and damage to goodwill) in connection with the above (including if this breaches IP rights). The user will not transmit "trash mail" through the Application and/or the Services.

4.3

A user will not present and/or advertise content that includes software viruses and/or computer/software codes and or damaging files, etc. will not impair any infrastructure, systems and/or servers relating to the Application and/or the Services and will not damage them in any way. A user will not impair or damage in any way secure characteristics of the Application and/or the Services that prevent or restrict or limit usage or copying of content on the Application and/or the Services.

4.4

A user will not activate and/or use any automatic systems, including robots, spies, non-online readers, which transmit more announcements to the Company's servers than reasonably possible on a browser on a regular network. The user will not collect and/or store personal information, including account names and email addresses, from the Application and/or the Services, and will not use the communication systems of the Application and/or the Services for any commercial purpose. The user will make every effort to prevent exposure of his details that he does not want to expose. The Company will not bear responsibility in connection with details of a user presented on disclosed components of the Application and/or the Services and/or any use of these details.

4.5

The Company will not bear responsibility and/or liability, and the user will not hold rights or entitlement/argument/demands, in connection with the content on the Application and/or the Services (including if presented by users) and/or the kind or quality thereof, all including if the content is impairing, damaging, illegal, breaches rights or entitlement and/or is erroneous, argumentative, etc. The Company does not commit that the content on the Application and/or the Services is correct, exact, complete, reliable, available, updated, clean of viruses or "Troyan horses" and/or is appropriate for the expectations and needs of the user. Use of content on the Application and/or the Services is implemented at the user's responsibility and all risks inherent therein are borne by the user. If a user identifies content on the Application and/or the Services as damaging, he is invited to report tereon to the Company and the Company will act accordingly, at its sole discretion.

4.6

The Company is entitled to change the content on the Application and/or the Services, at its discretion and without announcement.

4.7

A user will utilize the Application and/or the Services legally and for legal purposes only. The user will not utilize the Application and/or the Services that may cause impairment or damage to the Application and/or the Services and/or to content thereon and or will act in a manner that may disturb and or impair use of the Application and/or the Services by other users.

4.8

Information and data on the Application and/or the Services in connection with the products is based on information from the manufacturer and/or other supplier and the Company will not bear responsibility in this regard.

4.9

The Company is not a manufacturer and does not mark products regarding their content. Every user is required to read carefully what is marked on each product. The Company will not bear responsibility in connection with markings on each product, including if such marking appears on the Application and/or the Services.

5. Purchase of Products on the Application/Services

5.1

The Application and the Services are intended to enable purchase of certain consumer products from the Cthat the zompany. The Company is not committed that any products purchased will be from a specific source. The prices presented on the Application and/or on the Services include Value Added Tax in accordance with the law and do not include delivery fees, unless stated specifically otherwise. In order to make a purchase on the Application and/or the Services, the user will be required from time to time to type a code that will be sent to him, and to enter basic details, e.g. name, address, email, telephone/cellular phone number, details of means of payment, and other information in connection with ordering products. The user commits that the details entered are complete, correct and exact. Transmission of fraudulent details may constitute a criminal offense and may incur legal civil and/or criminal measures, including claims for damages caused to the Company for deceptive use of the Application and/or the Services. Also, the information transmitted by the user on the Application and/or the Services will be used, inter alia, for transmission of emails regarding news and updates in connection with the Application and/or the Services, newsletters, and subject to the user's approval, insofar as required in accordance with relevant legislation in Israel, discounts, bonuses, advertising material etc.

5.2

All purchases on the Application and/or the Services are subject to advance payment. Concurrently with making an order, the Company will be entitled to examine the details of the means of payment and to request confirmation from its provider; the Company is entitled to subject confirmation of the order to such examination/confirmation. It is clarified that the charge to the user for the price of the product will be implemented through the means of payment immediately and currently with placing the order. Every order will be implemented according to these terms and the terms appearing in the same part of the Application offering the product. The user will not have any entitlement except as detailed in the terms of the appropriate order and subject to the provisions of such terms.

5.3

Confirmation of recording the order does not constitute evidence regarding completion and/or approval of the activity, transaction and/or order and does not bind the Company. The Company will be committed to supply the products ordered only after consummation of the appropriate order process, receipt of approval from the provider of the means of payment regarding implementation of the charge by the Company, in accordance with existing procedures between the parties and subject to the Company's discretion, and written confirmation of the order by the Company to the user. If the transaction is not confirmed by the provider of the means of payment, the user will receive an appropriate announcement. It is clarified that the Company is entitled to cancel an order not consummated in full and/or the process of which order is not completed, at the Company's discretion. The Company is also entitled to refuse an order or to cancel an order that it is unable to supply (even if appearing the Application and/or the Services at the time, for any reason), e.g. in the absence of appropriate inventories at the relevant time(s) and/or because of errors and/or mistakes in description, price and/or other details in connection with the products. Announcement of refusal or cancelation will be transmitted to the user by email and/or telephone, at the Company's choice. In such circumstances, the user will have no claim and will waive irrevocably any argument against the Company. The Company is entitled, at its sole discretion, to restrict, prevent and/or block the possibility to order products on the Application and/or the Services and/or purchases, including in connection with a user who already ordered products through the Application and/or the Services and/or who utilizes the Application and/or the Services and/or the products in an unreasonable and/or inappropriate manner and/or regarding whom may have breached these terms and/or relevant legislation and/or impaired the security of the Services.

5.4

All payments to the Company will be implemented in New Israeli Shekels (NIS).

5.5

In order to purchase on the Application and/or the Services, the user may be required to open an account on the Application. The user will not use another's account. Only the user bears responsibility for activity in his account and for its codes, and only the user bears responsibility for use (including by any unauthorized entities) of his account, codes and/or any impairment and/or loss incurred as a result thereof.

5.6

Products with total cost less than NIS 0 cannot be ordered on the Application and/or the Services. In order to supply the products to the user and the Company will be able to supply them, the user is required to transmit complete exact details of the order.

5.7

The Company will be entitled to supply an order in part (e.g. not supply part of the items ordered or supply a smaller quantity of an item than that ordered). The user will not have, and will waive irrevocably, any argument, demand and/or claim in connection with partial supply or non-supply of any item.

5.8

Pictures of products on the Application and/or the Services are intended for illustration only.

5.9

Products that by nature require physical collection and/or choice, e.g. fruits and vegetables, will be chosen by the Company, at its sole discretion, and the user will not have any argument in connection with the products supplied.

5.10

For products ordered that have an expiry date, the Company will make an effort to supply products with the latest possible expiry date. The user will not have any argument in connection with the expiry date of a product, as long as the date is reasonable relative to the date of supply.

5.11

Charge to a user for products according to weight will be implemented according to their actual weight. The estimated price of a product at the time of the order will be based on the approximate weight at that time. Naturally, a reasonable deviation may exist between the estimated weight at the time of the order and between the exact weight of the products supplied.

6. Supply of Products

6.1

The products on orders on the Application and/or the Services are intended for supply only in Binyamina and the area, in Israel (in places not restricted due to security accessibility). The Company does not commit to supply products in every location noted above.

6.2

The Company will not bear responsibility in connection with products ordered, etc. supply thereof and/or these terms, insofar as any breach is connected to force majeure and/or any cause not controllable for the Company, including war, terrorism, emergency state, security events, computer breakdowns, telephone breakdowns, communication difficulties, floods, natural disasters, strikes, work sanctions, injuries, accidents (all – "force majeure").

6.3

The Company is entitled to subject supply of products to presentation of the user's identity card, order confirmation number and additional means of identification, at the Company's sole definitive discretion.

6.4

The Company is entitled, at any time, from time to time and at its sole discretion, to advertise and/or to grant discounts, bonuses, campaigns etc. (together – "campaigns"), including those especially for users on the mailing list of the Application, and granted as users, and/or to cancel, end and/or terminate discounts, bonuses, campaigns etc. A campaign will apply only for purchases consummated before cancelation, termination, change and/or end; the user will not have any entitlement, argument and/or demand in this regard. Unless stated specifically on the Application, double campaigns are not permitted. For purposes of identification of the user on the mailing list, the Company will be entitled to request from the user to complete details, e.g. identity number, email, cellular phone number and/or code sent to him. The Company, the Application and/or the Services will be entitled to remove a user from the mailing list and/or not to permit him to join the mailing list, in the event of any concern regarding unreasonable manipulation and/or utilization of the Application and/or the Services/

6.5

The user declares and commits that any location to which he requests that the order be supplied is secure and the access thereto is easy, comfortable and secure.

6.6

be supplied is secure and the access thereto is easy, comfortable and secure.6.6 The Company will implement reasonable measures to comply with estimated dates of supply on the Application, but will not bear responsibility in connection with delays in supply for any reason. The Company is entitled to prepare supply of products through a courier service, which supply will be subject to supply conditions of that service and its geographic coverage.

6.7

If the user is not present at the supply location at the time of supply of the order, the Company will be entitled to supply the products to anyone present at the location at the time of supply or, if no one is present, to leave the products close to the entrance to the supply location. The Company will not bear responsibility for loss, spoiling, breakage, damage and/or defect in respect of supply in accordance with the above and all responsibility will be borne by the user.

6.8

Packaging of products for supply will be reasonable, at the Company's discretion.

6.9

With supply of the products, the user will examine the content of the order, with the invoice included at the time of supply and the products themselves.

7. Refunds and Cancelation of Transaction by User

7.1

If, on supply of an order in accordance with these terms (a) an ordered product is missing; (b) the user is dissatisfied regarding a product supplied, because of basic breach of these terms by the Company and not the user's fault and/or because of breach of these terms by the user; the user will inform the Company's customer services department as soon as possible, and in any case within twenty-four (24) hours from the date of supply; the Company will examine the complaint (the user will provide the Company with all evidence requested).Not informing the Company as stated will be deemed the user's irrevocable waiver of any error, demand and/or claim in connection with the order, the products therein and/or their appropriateness. Insofar as the Company ascertains in its examination that an ordered product is missing or a damaged, soiled or unusable product was supplied, such that the product is not that which was ordered, because of basic breach of these terms by the Company, and not the fault of the user and/or because of breach of these terms by the user; and the paid for the product; the Company, at its choice, will implement a monetary refund of the price charged for the product as soon as possible, but the user may see the refund only after seven to fourteen (7 – 14) business days from the date of the refund, or will supply to the user as soon as possible the missing product or will replace the product as soon as possible, all in respect of cognitive legislation cognitive for the Company. If the Company chooses to implement a monetary refund and the user did not receive the refund within twenty-one (21) business days from his request, he will contact the Company as soon as possible. In any case of monetary refund or replacement of a product, the Company will be entitled to request and/or to subject the refund or replacement, as relevant, to the user's return of the product to the Company, completely and in full, in its original packaging, without damage and/or impairment, in coordination with the Company.

7.2

A user will not be entitled to cancel a transaction implemented on the Application and/or on the Services in connection with perishable and/or other products under the Consumer Protection Law, 1981, and/or any other legislation prohibiting cancelation of a transaction.

7.3

Regarding products for which paragraph 7.2 above is not applicable, insofar as the Consumer Protection Law, 1981, enables the user (and subject to provisions of the said law and regulations promulgated thereunder), and subject to conditions determined by the Company from time to time, the user will be entitled to cancel a transaction implemented on the Application (only the part of the transaction for purchase of the relevant products) in his announcement to the Company within fourteen (14) days from the date of confirmation of the order according to these terms; monetary refund (insofar as the user already paid for the canceled Services and the Company is committed to implement a monetary refund in accordance with the cancelation according to relevant cognitive provisions of the Consumer Protection Law, 1981) in the event of cancelation of a transaction will be implemented through cancelation of the charge or credit on the credit card used for the transaction or in another manner, at the Company's discretion, subject to deduction of cancelation fees at the rate of 5% of the price or NIS 100, according to the lower.

7.4

Notwithstanding this section 7, a user will not be entitled to refund of any delivery fees. It is clarified that a user's rights according to this section 7 apply to certain product(s), according to these terms, and not to certain other product(s) and/or certain orders and/or purchases.

7.5

The Company's liability according to this section 7 will apply insofar as the Consumer Protection Law, 1981, is binding for the Company cognitively only. Insofar as the said law will favor the Company or will enable favor for the Company in connection with this section 7, the favorable provisions for the Company will apply.

8. Cancelation of Transaction by the Company

The Company is entitled at any time (including after confirmation of an order and/or the charge therefor), at its sole discretion, to cancel a purchase transaction implemented by a user including, but not only, in any of the following circumstances: if ascertained that the Company does not have inventories or resources required to implement the required Services; if the user's credit card details and complete details do not appear in the system; in any case of an action or omission that is not in accordance with these terms; the user acted illegally and/or did not fulfill relevant legislative requirements; the user transmitted incorrect information in any regard; the user implemented an action or omission in a manner that may impair or damage the Company or any representative of the Company, the Application and/or the Services, in respect of their regular activity and/or of a third party; if the Company senses that the user does not order the products for himself and/or trades in them; if the Company senses negative utilization of the Application and/or the Services by the user, fraud and/or theft; any circumstances in which, because of force majeure, the Company is unable to manage appropriately the Application and/or the Services, to provide the Services to the user and/or to fulfill any other liability. The Company will not bear responsibility in connection with such cancelation, including in respect of purchase of the products for a higher price from a third party.

9. Intellectual Property (IP)

9.1

The license granted to a user under these terms is a restricted license that may not be transferred or sub-licensed, for legal use of the Application on the user's smartphone, through which access is enabled to the Application and the Services. Every user commits to refrain from utilization of any of the above, except in accordance with the provisions of these terms. Every user recognizes that all trademarks, patents, copyrights, samples, methods, commercial secrets, IP rights and other rights, in connection with the Application and/or the Services and/or that appear in any of them, including all content, information, documents, characteristics, source code, operating details, design, data bases, lists, descriptions, data, details, icons, presentations, graphics, texts and logos, on the Application and the Services, which appear in any of them and/or of any of them (including content the access to which is on the Company's network and are external to the Application and/or which were received and/or which may be gleaned through the Application and/or the Services), and all derivatives of any of the above, are the property of the Company (and/or of the providers of its licenses) only and may not be utilized in any manner without advance written approval from the Company. Without detracting from the general nature of the above, commits to refrain from collection, transfer advertisement, copy, duplication, distribution, storage, processing, creating derivations of, reverse engineering, re-editing, dismantling, attempting to derive source code of, change, rent, lease, loan, sell, market, present, broadcast, distribute, redistribute, grant sub-license of, enable access to and/or translate, in any manner, any of the above items and/or content on the Application. Every user commits to refrain from utilizing the Application and/or the Services without authorization, e.g. through levying restriction and/or overload on the network. Every user is aware that the Company's name, its trademarks and/or its use (whether registered or otherwise) are the property of the Company only and only the Company is entitled to used them, to permit their use, to present and/or to edit them. The user may not copy, use and/or implement any other measures in connection with the trademarks appearing on the Application and/or the Services. Presentation and/or inclusion of content on the Application and/or the Services and/or on an item linked to the Application and/or the Services, does not grant entitlement and/or permission to a user in connection with such content.

9.2

The Application may include links to other applications or items ("the other applications"), including through advertising, pictures and/or information or data. To avoid any doubt, the Company will have no responsibility and will not make any presentation, in connection with the other applications, their services, products and/or content and/or the legality, reliability, status and/or morality of any of the above and/or the use thereof. The Company is not committed to review and/or to examine, in any manner, the other applications. A link to the other applications does not constitute agreement, approval, recommendation, preference and/or encouragement of the other applications and/or content thereof. Surfing and/or utilization of the other applications are the responsibility of the user only. The user will not utilize the Application to create links to applications and/or items including illegal or inappropriate content and/or content that is prohibited and/or that may impair public sensitivity, integrity and/or ethical or moral values and/or pornographic websites or applications and/or applications including defamatory and/or inciting items. The Company is entitled, at its sole discretion, to remove and/or to change any link from the Application and/or to add additional links.

9.3

The Application may include and/or enable access to content of third parties and/or users (in paragraph 93 together – "the third parties"). The Company (and its service providers and/or third parties) will not bear responsibility in connection with such content, its correctness, status, completeness and/or utilization thereof. Any commercial advertising, direct or indirect, by a third party, is subject to the Company's advance written approval. All responsibility in respect of such advertising, its content and/or any agreement between a user and the advertiser, will be borne by the third party advertiser and the Company will bear no responsibility in connection with the above. The Company will not be deemed to be involved and/or party to an agreement between any advertiser and any user. The Company will not bear responsibility for activity and/or actions of third parties in utilization of the Application and/or the Services (e.g. use of information or data derived by users on the Application and/or organization of meetings through the Application). The Company is not committed to examine advertising on the Application and/or the Services, its reliability and/or status and/or terms and/or content of campaigns offered by advertisers. Inclusion of advertising on the Application and/or the Services does not constitute any recommendation to purchase the products and/or the services advertised. In the framework of the Application, a social network may be created including meetings, groups, communities, forums, chats and/or coordination of content. The Company will not bear responsibility and/or liability in connection with the content of such activity (and only the user will bear such responsibility). The Company will not bear responsibility for any transaction consummated between a user and any third party.

10. Responsibility

10.1

The Application and the Services, including their content, are accessible and available, without comments and/or responsibility of the Company, including regarding availability, quality, appropriateness, ownership and/or clean of bugs, security issues, viruses etc. All presentations, responsibility, specific conditions and guarantees, legal or other inferences, including regarding commerce, quality, appropriateness, characteristics, usage period, strength, ownership, lack of infringement, lack of disorder, lack of error, etc., for which the Company may be liable, are hereby exempted in the maximum degree enabled by law.

10.2

The Company (and/or related companies) will not bear responsibility in connection with network problems, slow communication, overload, etc; security data provided by a user and/or activity on the Application; activity and/or omission of a user and/or third party and/or dispute between users (even if the Company will be entitled to take part); indirect impairment or damage that is circumstantial, special, resultant and/or punishable, including impairment or damage to er's computer, telephone or other equipment in connection with use of the Application and/or the Services and/or loss of profits, income, good name and/or reputation and/or loss of information or data; access and/or lack of access and/or difficulty to access the Application and/or the Services; claims and/or arguments in connection with use of the Application and/or the Services; payments charged to a user during, as a result of and/or in connection with use of the Application and/or the Services; products, Services and/or information provided by third parties and/or transactions of a user with any third party; and/or other impairment or damage, direct or indirect, including distress, and including that derived from error, omission, disturbance, delay and/or error  in provision, supply, receipt, creation and/or cancelation of information or data regarding the Application and/or the Services.

10.3

The Company will not bear responsibility, except responsibility for supply of ordered products according to these terms, in accordance with relevant applicable legislation (insofar as subjection thereof is not enabled). This constitutes the sole responsibility of the Company in connection with any products and/or supply thereof.

10.4

The cumulative responsibility of the Company toward a user under any legal regulation or provision will not exceed the total amount actually paid by the user to the Company during six (6) months preceding the event that constitutes the reason for the claim. Also, the Company's responsibility toward a user under any legal regulation or provision in connection with any product ordered will not exceed the amount actually paid to the Company.

10.5

A user will indemnify the Company in respect of any impairment or damage, including legal fees, other expenses and losses, caused to the Company in connection with that user's utilization of the Application and/or the Services and/or breach of these terms.

11. Legislation and Judgment

The legislation relevant for and/or related to these terms, the Application, Services, use thereof and/or purchase of products through them and/or any activity and/or dispute in connection therewith, is Israeli legislation only (without choice of legislation ruling). The sole authority to hear any dispute derived, directly or indirectly, in connection with these terms, the Application, the Services, use thereof and/or purchase of products through them and/or supply thereof, will be courts of law in Tel Aviv-Yafo only.