Terms of Use
Last Updated 20/01, 2017
1. Acceptance of Terms of Use.
1.1. The following terms and conditions are a legally binding agreement between you
(the "User", "you", or any variations thereof) and Paidit Digital Payment
Solutions Ltd. (the "Company" "us", "we" or any variations thereof) and shall
govern your installation, browsing and/or any other use of Paidit, whether as a
website, or an application downloadable under the Apple Store©, Google Play©,
Microsoft Store©, including any online communities and/or forums established by
the Company and/or its affiliates in connection with Paidit (collectively: the
"Platform").
1.2. By installing, browsing, logging in and/or otherwise using the Platform, the User
accepts and agrees to be bound by these terms and conditions and our Privacy
Policy available on [paidit.io/Terms.pdf]. IF YOU DO NOT ACCEPT ANY
COVENANT OF THE TERMS AND CONDITIONS OR OUR PRIVACY
POLICY, YOU ARE REQUIRED TO REFRAIN FROM USING THE
PLATFORM AND TO PROMPTLY UNINSTALL IT FROM YOUR DEVICE
(IF APPLICABLE).
1.3. The Company may, at its sole discretion, amend, change or replace these Terms of
Use from time to time, without providing the User with any notice of such change.
It is the User's responsibility to periodically review and keep being updated with
these Terms of Use and comply with their provisions.
2. Use of Platform.
2.1. You are granted with a non-exclusive, non-transferrable, limited license to install,
browse and use the Platform for the purposes and scope described herein, and
subject to and in accordance with your full compliance with the provisions of
these Terms of Use. Without derogating from any other remedy available to the
Company, the said license shall automatically expire upon your breach of any of
these Terms of Use.
2.2. You may not make any use of the Platform if under the jurisdiction which you are
subject to, you lack the legal capacity (whether due to age, mental, or any other
applicable capacity) in order to use the Platform in a manner contemplated herein
and/or otherwise and/or are subject to certain restrictions regarding the collection
of information regarding your use of the Platform. It is hereby clarified that you
are responsible to prevent the use of the Platform through any device which you
own or is under your control by minors (and specifically minors under the age of
13) and/or by any other person not lawfully allowed to use the Platform in
accordance with applicable law and/or these Terms of Use, whose use of the
Platform is hereby restricted without any exceptions.
2.3. The Platform and its features are provided As-Is. We cannot guarantee the
suitability of the Platform to your needs or the availability of any of its features,
though we do our best do so.
2.4. The Platform and your use thereof is subject to the Company's discretion, and the
Company may change, update, suspend, remove or otherwise completely
discontinue the availability of the Platform, whether specifically towards you or
towards any or all Users.
2.5. Restriction on Use. While using the Platform, whether within the scope of your
purchase sessions and/or in any interaction in any Platform forum and/or
community, you may not perform, or allow others to perform on your behalf,
whether intentionally or recklessly, any of the following:
2.5.1. Browse, surf, process, scan or use the Platform via operation of a
computer program designed to gather information or perform operations
imitating a human user (including, without limitation, Bots or Crawlers);
2.5.2. Manipulate the URL of the Platform, or otherwise gain access to any
internal pages to which the Company has not provided you with a direct
link (including, without limitation, URL Hacking);
2.5.3. Transmit or otherwise make available any worm, virus, Trojan Horse,
web-bug, spyware or any other program that is intended to damage the
operation of the Platform;
2.5.4. Carry out any action which may infringe the copyrights and/or any other
proprietary of the Company or any other copyright holder;
2.5.5. Promote advertisements or disruptive commercial messages;
2.5.6. Copy, transmit, decompile, modify, create derivative works, reproduce,
disassemble, republish, scrape, and/or reverse engineer the Platform
and/or any components thereof (including any Company content or other
User Content as defined herein) and/or act to collect, harvest and/or
data mine any data associated with the Platform and/or any of its users
(whether by computer programs, identity theft, impersonation, or
otherwise) and/or take any action which may be deemed as
impersonating another person or entity, identity theft, holding multiple
Accounts (as defined below), etc.;
2.5.7. Carry out any action which may infringe any laws, regulations, orders or
any guidelines of any governmental authority, is likely to offend or harm
any other users of the Platform and/or the general public, or could
reasonably be viewed as intended to offend or harm the feeling of any
specific individual or group of people, including but not limited to the
transmission of any sexual, indecent, pornographic or lewd material;
2.5.8. Intimate, threaten, harass or abuse anyone in any manner;
2.5.9. Steal or attempt to steal passwords or other private and/or financial
information from other users and/or components of the Platform;
2.5.10. Use the Platform in order to perform illegal or prohibited actions under
any jurisdiction.
2.5.11. Lease, sell, trade or otherwise transfer your User Account ; and,
2.5.12. Carry out any action which violates any community guidelines, Terms of
Use and/or Privacy Policy, as prescribed herein and/or as otherwise
published by the Company from time to time.
2.6. Promotional Content; External Links.
2.6.1. You understand that certain promotional materials might be presented to
you while you are using the Platform (the Promotional Content)
including without limitation from certain bars, restaurants, or other
providers (“Providers”). The Promotional Content might be based upon
information collected by us from our users, in accordance with the
Privacy Policy. We have no control over the selection of the Promotional
Content, the order of its presentation or its accuracy, and we are not a
direct party to any transaction resulting from such Promotional Content
(if applicable), and therefore assume no responsibility and/or any liability
in that respect
2.6.2. Certain adverts or Hyper-Links displayed on the Platform (including
those provided to you by other users in the course of your interaction via
the Platform) may refer or direct to websites managed or owned by third
parties. It is clarified that the Company does not examine these websites
and does not support them or their content and cannot verify their
security. You are solely responsible and are required to use full caution
when browsing, purchasing products, submitting information or
otherwise using these websites, and their consequences thereof.
However, in the event that you encounter any Promotional Content that
contradicts the provisions of these Terms of Use, kindly notify us in
accordance with the contact information specified under section 10, in
order for us to investigate, and if necessary, take the required actions.
2.7. Without derogating from any remedy which the Company may be entitled to, we
reserve the right to disable, suspend, or cancel your Account (as defined below),
and/or otherwise prevent you from using the Platform, and suspend or cancel any
action carried out on the Platform, at our sole decision and for any reason we
deem fit, including, for example, due to any suspicion regarding violation of these
Terms of Use, the Privacy Policy and/ any applicable law or regulation.
3. User Account.
3.1. You understand that in order to access or otherwise certain or all features of the
Platform you will be required to set up a user account (the Account). In order to
set up your Account you will be required to provide certain information and/or
documentation, including without limitations, email, contact information,
username and password, and if applicable, such information required to allow the
Company to access certain information associated with your social media
account(s), in the event that you will select to set up your Account via a 3
rd
Party
Login Account (as defined below). Our use and storage of the information you
share with us in that respect shall also be in accordance with these Terms and
Conditions and our Privacy Policy.
3.2. As specified above, use of or access to the Platform may be subject to registration
or login via User's Facebook Connect, Google+ or similar third party services
(each: the 3
rd
Party Login Account) which shall constitute as your Account in
all manners and respects.
3.3. Notwithstanding anything to the contrary herein, you understand that the
Company has no control over the 3
rd
Party Login Account, and thus shall not be
responsible for your use of such 3
rd
Party Login Account (including, without
limitations, identity, password or any other information theft, security measures or
lack thereof, data traffic, runtime, downtime, etc.) and/or any damage arising in
connection with the use of such 3
rd
Party Login Account. You further
acknowledge that you will be solely responsible to meet all applicable
requirements and/or license terms which you are subject to pursuant to your use of
the 3
rd
Party Login Account, imposed by the entities providing you with such 3
rd
Party Login Account.
3.4. User shall notify the Company immediately of any suspicion regarding
unauthorized access to the Platform through the Account or through a 3
rd
Party
Login Account.
3.5. For the avoidance of doubt, User’s Account, and any privileges granted with
respect to such Account, is personal and non-transferrable. User may not assign,
transfer or share access to the Account.
3.6. We might, at our sole discretion, change, annul and/or otherwise reclaim the
username associated with your Account, in the event that we believe that you have
violated these Terms of Use, or in the event that you have ceased to login to your
Account for a period exceeding ninety (90) days.
3.7. You understand that once you link certain information in the process of creating
your Account (such as your name, profile picture, etc.), such information may be
publicly available for view, and further indexed under certain search engines,
which we have no control over.
3.8. We may incorporate and use certain third party components and/or services for the
operations of the Platform (the 3
rd
Party Components). Any use of such 3
rd
Party Components will be subject to the additional provisions provided by the
applicable licenses provided by the licensors of such 3
rd
Party Components, which
we have no control over. You further understand that such 3
rd
Party Components
might be in Beta stage, and might not function properly (or at all), provide the
expected results, and/or otherwise be provided at all. If you have any questions
regarding our use of the said 3
rd
Party Components, kindly contact us in
accordance with the information prescribed under section 10 herein.
3.9. DESPITE THE COMPANY MAINTAINING REASONABLE MEASURES TO
SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING
USER’S ACCESS TO THE PLATFORM, WE CAN NOT ENSURE FULL
PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND
THEREFORE ARE NOT BE LIABLE TO ANY DAMAGES, WHETHER
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY
USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR
INFORMATION REGARDING USER’S ACCESS.
3.10. Content Uploaded by Providers
3.10.1. Certain promotional and informational materials that were uploaded by
Providers might be presented to you while you are using the Platform.
You understand and acknowledge that any content uploaded and/or
otherwise transmitted by Providers is made through an automatic
process, thus the Company may not verify, examine and/or monitor the
uploaded content and/or the content of the above materials, and shall not
be held liable for the consequences of your interaction with such
Providers using the Platform.
3.10.2. We provide no representations and/or warranties regarding the quality,
truthfulness, nature and/or the lawfulness of any content uploaded and/or
otherwise transmitter via the Platform. However, if you find yourself
exposed to materials you find offensive or objectionable, kindly let us
know via the contact information found below in Section 10.
3.11. Content Uploaded by You.
3.11.1. You understand that within the scope of your permitted use of the
Platform, you might be allowed to upload, create and/or otherwise
transmit certain graphical, textual and/or any other form of content via
the tools and/or channels provided to you under the Platform (the User
Content). Without derogating from any other provision under these
Terms of Use, you explicitly warrant and represent that you currently
maintain, and shall continue to maintain, any and all rights associated
with the User Content (including without limitations moral rights,
copyrights, trademarks, etc.), as required in connection with its
publishing, use and/or transmission via the Platform. User shall not take
any actions associated with the distribution sale, license and/or
disposition (or any other transfer) of the Use Content in a manner
limiting and/or otherwise adversely affecting the Company's rights under
these Terms of Use, without the Company's prior written consent.
3.11.2. The Company reserves the right to deny, block, disable, modify, limit
and/or remove any User Content and further suspend or remove your
User Content from the Platform, at our sole discretion and without
providing any prior notice to you. You hereby and forever waive any
claims and release the Company and/or anyone on its behalf from any
liability arising from the action(s) contemplated under this Section.
3.11.3. By uploading and/or otherwise transmitting the User Content, you hereby
grant the Company an unlimited, irrevocable, non-exclusive, sub-
licensable, and royalty free license to use the User Content as the
Company sees fit, whether in a commercial and/or non-commercial
manner, and further waives any claim for remuneration or compensation
with respect to such utilization, commercialization, license and/or
disposition of your User Content by the Company and/or its assignees,
sub-contractors, etc.
3.11.4. Subject to the provisions of this Section 4, User reserves all ownership
rights to the User Content created by you and uploaded by you to the
Platform.
3.11.5. You understand that any User Content uploaded to you and/or otherwise
transmitted to other users of the Platform and/or to the unique
community or forum pages, will be considered as public information,
without you having any expectation of privacy.
3.12. Content Uploaded by Other Users.
3.12.1. You understand that the Platform may also feature an online community
or forums which involves multiple users, other than you. You further
understand and acknowledge that any content uploaded and/or otherwise
transmitted by such users via the Platform is made through an automatic
process, thus the Company may not verify, examine and/or monitor the
uploaded content and/or the content of any conversation threads, forums,
etc., and shall not be held liable for the consequences of your interaction
with any other users using the Platform.
3.12.2. We provide no representations and/or warranties regarding the quality,
nature and/or the lawfulness of any content uploaded and/or otherwise
transmitter via the Platform. However, if you find yourself exposed to
materials you find offensive or objectionable, kindly let us know via the
contact information found below in Section 10.
3.13. Company Content.
3.13.1. Unless otherwise expressly stated herein, all rights, title and interest in
and to the Platform and any enhancement, development or derivative
work thereof, including without limitations, its design, source code,
graphics, logos, text, and content elements (whether or not patentable)
are, and shall be held exclusively by the Company or any licensor which
licensed the specific element for the Company's use with respect to the
Platform, as applicable (whether or not patentable), and any trademarks,
trade names, copyrights or patents thereof (the Company Content).
The Company Content may not be subjected to any action which may be
considered as any infringement of any third party right, including,
without limitations, copying, transferring, selling, altering, modifying,
allowing access to, or otherwise using the Company Content in an
unlawful and/or restricted manner.
3.13.2. You agree and acknowledge that in sending suggestions, comments or
feedback in any form regarding the Platform or the Company’s services
(the Feedback”). You hereby waive any and all rights to the Feedback
and shall have no claim regarding the implementation of the Feedback or
lack thereof, or regarding lack of any attribution, acknowledgement,
credit or compensation in connection with any implementation of the
Feedback by the Company or any third party. Company will exclusively
own any rights to the Feedback which it has chosen to espouse or
embrace.
4. Transfer of Money
4.1. Within the scope of your use of the Platform, you will be allowed to transfer
money to certain providers via our Platform, in order to view and pay your tab at
any given moment, quickly, and more efficiently (the “Payment Process”).
4.2. By using the Platform, you undertake to use your means your payment (whether
credit card, electronic wallet, or 3
rd
party payment system such as PayPal ©)
solely within your rights under applicable law, and for legal purposes.
4.3. We retain the right to allocate a certain fee (whether as a percentage of a
transaction, fixed free, etc.) as commission for any and all services of which we
provide, at our sole discretion and in accordance with our policy which may alter
from time to time (the Fee”). The Fee is final and non-refundable, subject to
applicable law. Notwithstanding anything to the contrary herein, in the event that
your Account was credited or charged with incorrect amounts, pursuant to such
transaction, or in case where wrongful transaction was placed, please feel free to
contact us at support@paidit.io, in order for us to inquire and assist you. In case
where the Company shall be entitled to the Fee, any request to transfer money
shall be deemed as a request to transfer the Fee to the Company.
4.4. You understand that the Payment Process may involve third party clearing
services, as approved by the Company for such purpose. To complete such
purchase, you will be required to provide such parties with certain information,
such as your name, credit card number, billing address, etc. It is hereby clarified
that any information provided by you to such entities shall be at your own risk and
account, and the Company shall not be liable for any damage which you may
incur pursuant to such actions.
4.5. The Company may, at its sole discretion, refuse any request to transfer money
and/or cancel transactions, for reasons it sees fit, and in accordance with the
Company’s policy which may alter from time to time.
4.6. You understand that regardless tremendous efforts and the trustworthiness of the
Platform, it is not free of mistakes and errors. Therefore, there may be events
where wrongful credits and/or charges may occur. You agree that in any event in
which such mistake or error occurs, the Company may restore the original
situation without your prior explicit consent.
4.7. By using our Platform, you explicitly and forever waive any claim regarding loss
and/or damage incurred by the Platform. The Company, including its officers and
employees shall not be liable, in any event whatsoever, to any direct, indirect,
incidental or consequential losses and/or damages incurred by our services. You
hereby commit to reimburse and indemnify the Company for all charges, costs
and penalties incurred by the Company in connection with any refunds and/or
related inquiries arising in connection with any purchases authorized by you.
5. In-Platform Purchases.
5.1. Within the scope of your use of the Platform, you may be allowed to purchase or
earn certain awards and/or benefits in any form possible such as virtual currency,
coupons etc., in order to enhance the experience of the Platform ("Benefits").
Purchasing Benefits may require to use of real money, in accordance with the
prices determined by the Company from time to time. It is hereby clarified that the
Benefits can only be used for in-Platform experience, and can never be redeemed
for real money, assets and/or any equivalent thereof, nor are you permitted to sell,
trade, pledge and/or otherwise transfer the Benefits, other than specifically
designated by the Company under the scope of the Platform.
5.2. The Purchase of Benefits does not grant you with any right or title in the Benefits
and/or any in-app item or feature purchasable via the use of said Benefits.
5.3. You understand that Payment Process for the Benefits may involve third party
clearing services, as approved by the Company for such purpose. To complete
such purchase, you will be required to provide to the said entities with certain
information, such as your name, credit card number, billing address, etc. It is
hereby clarified that any information provided by you to such entities shall be at
your own risk and account, and the Company shall not be liable for any damage
which you may incur pursuant to such actions. Any purchased Benefits shall be
credited to your Account.
5.4. Any transaction made by you in connection with the purchase of the Benefits shall
be final and non-refundable, subject to applicable law. The above
notwithstanding, in the event that your Account was credited or charged with
incorrect amounts, or in the event that you did not receive the applicable Benefits
pursuant to such transaction, please contact us at support@paidit.io, in order for us
to inquire and assist you. You understand that the Company is under no obligation
to inquire about any refund request filed after the lapse of seventy two (72) hours
from the time that the purchase was recorded into your Account, or if no record
was made to your Account, then from the time in which such transaction was
approved by the applicable entity providing the clearing services.
5.5. We may, at our sole discretion, manage, regulate, modify, moderate, convert
and/or eliminate the Benefits, including your purchased Benefits, resulting inter-
alia, from the change or alteration of the Platform scheme, the Company's
decisions to cease from operating the Platform, the sale of any proprietary rights
associated with the Platform, and/or for any other reason, without you retaining
any rights to such Benefits, including without limitations in connection with
refund, rebate, or otherwise. It is hereby clarified that we assume no liability to
you or anyone on your behalf in connection with the aforesaid.
5.6. You hereby commit to reimburse and indemnify the Company for all charges,
costs and penalties incurred by the Company in connection with any refunds
and/or related inquiries arising in connection with any purchases authorized by
you and/or in connection with the events prescribed under Section 6.5 herein.
5.7. Without derogating from any other remedy which the Company may be entitled
to, any failure to process the said payments, any unauthorized use of a charge card
(or other payment method), or failure to provide full and accurate billing
information may, at the Company's discretion, lead to the suspension or
termination of your Account.
6. WARRANTIES.
6.1. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES,
WHETHER EXPLICIT OR IMPLIED, IN CONNECTION WITH THE
PLATFORM, ANY USER CONTENT AND/OR COMPANY CONTENT, AND
THEIR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE.
6.2. FURTHERMORE, WE DO NOT GUARANTEE NOR ASSUME ANY
RESPONSIBILITY REGARDING THE ACCURACY OR COMPLETENESS
OF THE ACTIVITIES ASSOCIATED WITH THE PLATFORM AND/OR ANY
RELATED CONTENT (INCLUDING ANY INFRINGEMENT THEREOF),
NOR REGARDING ANY RESULTS OBTAINED IN CONNECTION WITH
THE USE OF THE PLATFORM AND/OR ANY CONTENT OF ANY SITES
LINKED TO OR OTHERWISE TRANSMITTED VIA THE PLATFORM,
INCLUDING WITHOUT LIMITATIONS, IN CONNECTION WITH ANY
ERRORS, BUGS, VIRUSES, TROJAN HORSES AND/OR ANY OTHER
FORM OF MALWARE, SERVER RUNTIME AND/OR DOWNTIME
(INCLUDING ANY INTERRUPTION OR CESSATION OF ANY DATA
RECEIVED AND/OR OTHERWISE TRANSMITTED WITHIN THE SCOPE
OF THE USE OF THE PLATFORM), SERVER SECURITY MEASURES,
CONTENT UPLOADED BY OTHER USERS AND/OR YOURSELF
(INCLUDING ANY PERSONAL, FINANCIAL AND/OR ANY OTHER
INFORMATION) OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
PLATFORM, OR IN CONNECTION WITH ANY USERS' (INCLUDING
YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS.
NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION
OF LIABILITY PRESCRIBED UNDER THESE TERMS OF USE.
7. LIMITATION OF LIABILITY.
7.1. THE COMPANY, ITS OFFICERS AND EMPLOYEES, SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
DAMAGES AND/OR PUNITIVE DAMAGES, INCURRED BY USER
AND/OR ANYONE ON USER'S BEHALF DUE TO ANY USE OF THE
PLATFORM AND/OR ANY RELATED CONTENT, EVEN IF THE
COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD
ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS
UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER
FOR ANY AND ALL CLAIMS RELATING TO THE PLATFORM AND/OR
ANY RELATED CONTENT (WHETHER OR NOT PROVIDED BY THE
USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, AND
INCLUDING ANY EXPOSURE OF ACCOUNT OR 3
RD
PARTY LOGIN
ACCOUNT OR INFORMATION, SHALL NOT EXCEED THE LOWER OF
THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE
USE OF THE PLATFORM (IF PAID) OR $100.
7.2. WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE
FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED
BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH
MAY INFECT THE USER'S MACHINE(S) WITHIN THE SCOPE OF THE
USE OF THE PLATFORM.
8. Indemnification.
You shall indemnify the Company, its directors and officers, employees, service
providers and/or any affiliates (collectively: the "Indemnitees"), for claims, suits, losses
and/or damages resulting from any 3
rd
party claims or complaints arising from, or in
connection with, your failure to act in accordance with these Terms of Use, upon the
Indemnitees' first demand.
9. Notice of Infringement or Abuse.
If you have cause to believe any content found in the Platform (including such content
provided by other users) to be in violation of these Terms of Use and/or infringe any 3
rd
party proprietary rights and/or applicable law, kindly notify us of such content via email
to support@paidit.io, stating the violating content and the nature of violation.
10. Governing Law and Jurisdiction.
These Terms of Use shall be construed and governed by the laws of the State of Israel.
Any dispute arising from the terms of these Terms of Use, the use or misuse of the
Platform and/or applicable content, shall be subject to the exclusive jurisdiction of the
competent courts in the District of Tel Aviv, Israel.
11. Assignment.
You may not assign these Terms of Use without the prior written consent of the
Company, which may refuse in their sole discretion. Any attempt to assign these Terms
without prior written consent from the Company shall be null and void.
12. Termination.
You may terminate your relations with the Company in connection with the use of the
Platform at any time, by deleting your Account and uninstalling the Platform. However,
the terms of use in effect on the date of such termination, shall continue to be in force in
connection with your use of the platform until the date of such termination. The Company
may terminate the license and other rights granted to you herein, in accordance with the
provisions of these Term of Use, or by otherwise notifying you via electronic mail or any
in-Platform message.