Terms And Conditions
- These Terms and Conditions constitute a binding legal agreement. The provisions of these Terms and Conditions shall apply to any use made by the user (hereinafter: "user" or "you") of the website joni.pyrogss.com/poni (hereinafter: "website" or "site") and to any action taken by the user through the website, and constitute a binding and enforceable agreement between the user and pYrogss Ltd. – PONI (hereinafter: "operator").
- Read these Terms and Conditions thoroughly and carefully. The titles and sections are for convenience purposes only.
- By using the website, you represent that you have read and understood the terms set herein, and agree to them, and undertake to fully comply therewith. If you disagree with any of these Terms and Conditions, please leave the website immediately.
- The use of the website is subject to strict adherence to these Terms and Conditions. The responsibility of the operator is limited as specified in this agreement.
- The intellectual property rights of the operator must not be violated and no intellectual property rights or any other right of a third party may be violated. These important instructions apply, without limitation, and with no exception to other instructions, to all users of the site.
- Eligibility. Only an adult who is at least eighteen (18) years of age and holds a valid payment method may use the site. It is impossible to place orders without providing valid credit card details or other payment methods that are acceptable by the operator.
- Sales pages. The operator allows you to purchase software license using the site (hereinafter: "software"), in a convenient, fast, and easy way.
- Changes. These Terms and Conditions may be changed at any time by the operator, at its sole discretion.
- Customer service. For more details regarding the site and its activities, you can contact the customer service of the operator by e-mail [email protected] .
- Order confirmation date. Only a message stating the confirmation of an order received at the user's e-mail including the relevant order details, including the order number and user's details will constitute confirmation of receipt of the order by the operator.
- Cancellation: Under Consumer Regulations you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the software or before the software was activated, whichever comes first.
- You must inform the operator of your wish to cancel in writing either by email within a period of 14 days beginning on the day after the day you download the software from the site.
Violations and remedies
- The operator shall be entitled, but not obligated, to enforce the Terms and Conditions in any case where there is a reasonable concern of their violation by a user and/or third-party.
- In cases of offensive content that infringes the rights of third parties or is invalid for any other reason, the operator will act per the "Notice and Removal" procedure and remove the infringing content within a reasonable time from the date of receipt of the notice.
- Do not copy the contents of the site. Without derogating from the provisions of any law, the images and content appearing on the site may not be copied, reproduced, distributed, published, or used in any other way unless the operator has given its consent, in writing and in advance.
- The rights of third parties shall not be infringed. It is strictly forbidden to copy and/or publish images and/or trademarks and/or specifications and/or videos from the site without prior written permission from the operator or the matching rights owner. The operator may initiate a "Notice and Removal" procedure in any case of suspicion of infringement of the rights of third parties, including intellectual property rights, copyrights, trademarks, and any other right, at its sole discretion. Each party will be responsible for its actions and omissions including those regarding the content published by it. The operator will not be liable for violations of third parties.
- Exercising rights against the responsible party. In the event of an alleged violation by users or third parties, the operator may transmit to the damaged party the details of the allegedly responsible party for the infringing and/or violating post (hereinafter: "responsible party") at its sole discretion. The responsible party will make no claim to the operator, including due to the delivery of its details as aforesaid. The allegedly damaged party will make no claim to the operator which is evident to be caused by a third-party act or omission. The allegedly damaged party will not take any legal action in the cases as stated above against the operator for at least as long as the proceedings against the allegedly responsible party have yet to been exhausted.
- Conduct instructions. Without derogating from any other instruction, the following instructions will apply to any user and software on the site:
- The user is committed to fairly filling his accurate and correct details. Without derogating from the generality of the aforesaid, it is clarified that the submission of false details is a criminal offense.
- The operator may edit and/or correct and/or add and/or delete and/or not display any content item or a part of it, and all without being obliged to notify in advance or retrospect.
- The presentation of content on the site or the processing of the data suggested on them should not be considered as an opinion and/or recommendation and/or expression of opinion and/or encouragement on behalf of the operator regarding the software displayed on the site, and should not be relied upon.
- The operator would be entitled, but not obligated, to take all relevant legal actions available against a user who violates the provisions of any law and/or the provisions of these Terms and Conditions. In cases of such violation, the operator may immediately remove any user and/or content and/or work from the site and/or transfer the user's details to any statutory authority and/or any other party and/or take any other step required in the circumstances at its sole discretion.
- The operator may cancel any order and/or prevent a user from placing an order through the website by blocking him, including in any of the following cases, which do not constitute a comprehensive list:
- The user committed an illegal act and/or violated the provisions of the law.
- The user violated the Terms and Conditions.
- The user has provided misleading details during the registration and/or afterward, in writing, or by telephone.
- The user has committed an act that could harm the operator and/or anyone on its behalf and/or the proper operation of the site and/or any of its suppliers and/or any third party.
- In the event of a clear and unusual mistake in a description and /or price of a software.
- Notice of an order cancellation may be delivered to the customer by telephone and/or in writing to the e-mail address which was provided by the user while placing the order.
Limitation of Liability
- Without derogating from the generality of the aforementioned, the site services are provided without any implication or implied obligation. The user will not have any claim or demand towards the operator regarding the services and features of the site, its characteristics, its limitations, or its incompatibility with the user's needs and requirements.
- The operator shall not be responsible for any damage caused following the use of the website, including any act and/or omission of the shipping company and/or anyone on its behalf.
- The operator shall not bear any responsibility or liability except as explicitly stated in these Terms and Conditions and according to the provisions of the law.
- The liability of the operator, in any case, shall be limited to the fullest extent permitted by the provisions of the law. This does not derogate from any binding legal provision, including the Consumer Protection Law.
- irresponsibility for third-party content and sites. The operator shall not be responsible for the content published in the links that exist on the site.
- irresponsibility for technological services. The operator makes every effort to maintain a proper functioning of the site. However, the operator does not undertake that the service on the site will not be interrupted, or will be provided without initiated suspensions or other interruptions, or malfunctions – including malfunctions in hardware, software, or communication lines, and shall not be responsible for malfunctions and/or disruptions on Bezeq lines and/or on international communication lines that enable internet access services.
- Without derogating from the aforesaid, the operator shall not bear any responsibility for any technical problem that prevents the user from performing any action through the site.
- irresponsibility for illegal actions. The operator shall not bear any responsibility for illegal activity performed by a user of the site.
- Limitation of Liability. Without derogating from any other law, the operator's responsibility and/or liability shall be limited to proven and direct damages only.
- Order cancellation constitutes an exhaustive remedy. The sole and exhaustive remedy that the user shall be entitled to in the event of a breach of any contract will be a cancellation of the order. The user shall have no further claims against the supplier and/or the operator.
- irresponsibility in case of an obvious error. The operator shall not be limited by an unusual and explicit error in a description of a software, such as a price quoted in pennies instead of shekels.
- Data about a particular user will include, inter alia, all the information provided, directly or indirectly, to the operator at the time of registration to the site and/or at the time of placing the order and/or thereafter and/or details related to and/or deriving from the user's activity on the site. This includes the collected data about the user and his actions while browsing and performing actions on the site.
- The user is aware and hereby agrees that all information about him will be stored in the databases of the operator.
- By registering to the site, the user authorizes the operator to store his information as stated above and below.
- Consent to receive an advertisement. When submitting his details, including registering to the site and/or submitting an email address and/or placing an order, the user hereby gives his consent to the operator to send him notices by any means of communication at its sole discretion, including messages regarding his activity and/or site activity and/or offers to purchase property or service and/or advertisements of any kind and/or system messages and/or service messages and/or other messages.
- Removal request under the Communications Law: The user may, at any time, request to be removed from the operator's mailing list, including by clicking on the "unsubscribe" link at the bottom of any advertisement sent by the operator or by sending a removal request to [email protected] , in which case the operator shall not send any message which constitutes as an advertisement as defined by the law.
- Request for removal or review of the information under the Protection of Privacy Law, 1981:
- The user may request to review the details held by the operator in its database.
- The user may submit a request to change his information and/or delete it from the database.
- The operator may change the information or delete it. It is clarified that in the event of deletion, all entries related to the user will be deleted, except for the deletion request and data about actions performed by the user on the site, including orders.
- Permission to transfer user information to third parties. The user hereby authorizes the operator to transfer his details to third parties, to deliver the software and other purposes.
- Transmission of information without identifying details. The operator may use the information provided by the user to analyze statistical information, examining the number of visitors to the site, segmenting shopping habits, generic segmentation, adjusting advertisements according to browsing habits, and any other purpose, to improve site activity and services offered. The data will be anonymous and will not refer to you personally.
- Data Collection Using Google Analytics. The operator uses Google Analytics to collect anonymous browsing data to improve the services offered by the website. It is clarified that Google Analytics collects, inter alia, information about the pages viewed, the frequency of use of the website, the length of stay on each page, how to reach the website, and more.
- Without derogating from the aforementioned, this Terms and Conditinons and any dispute, shall be governed and construed solely in accordance with the laws of the State of Israel , and brought exclusively before the competent courts in the State of Israel.
- Severability: Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.