Terms of Use
Welcome to the Simple Tor system, the system is designed to make it easier for business owners and their customers and should be used in accordance with the following terms
1. Definitions
1.1. "Simple Code" - SA Simple Code Ltd., company number 516820560 (hereinafter: Simple Code), which provides access to the system subject to these terms.
1.2. "Customer" - the legal entity that placed an order from Simple Code, including those who are in the trial period or have received free access to the system.
1.3. "Order" - ordering a license to use the system services on behalf of the customer from Simple Code.
1.4. "The System" - the Simple Tor system that provides all of the online services to which these terms apply, whether they are embodied through a Windows interface or a mobile interface, including all information and content contained therein, whether it is visible to users or not;
1.5. "Computer" – including any device or means that allows access to content via the Internet, such as: a smart phone ("smartphone"), a tablet, etc.
1.6. "Information" or "Content" or "Content" includes information or content of any kind, including any verbal, visual, audio, audio visual content or any combination thereof, as well as the design, processing, editing, distribution and presentation of the content, including (but not limited to): an image, photograph, illustration, animation, diagram, simulation, video, audio file, as well as any object, software, file, computer code, application, format, protocol, electronic form, database and interface, and any character, symbol, sign and icon.
1.7. "External Operator" – an external service provider whose services are integrated into the system services, such as: a clearing company, communication providers, owners of messaging platforms, etc.
1.8. "Authority Use": The permission to use Simple Code services.
1.9. "Simple Code Services/the Services" – the services agreed upon between the parties, that Simple Code will provide the customer with permission to use.
1.10. "Rate and Service Plan" – the entire range of Simple Code services, the payment rates for them and the terms of the plan, agreed upon between Simple Code and the customer, which will form part of the terms of use, as they appear during the order process or in any document agreed upon between the parties for the purpose of defining the rates and/or services.
1.11. "Terms of Use" – the terms of use in this document.
2. General
2.1 The following terms of use apply to the use of the Simple Code system and services, constitute an integral part of the binding system of rights and obligations between Simple Code and the customer, and regulate the relationship between Simple Code and any surfer, viewer, user of the system or the information contained therein and/or recipient of information and/or service existing in the system, directly or indirectly.
2.2 The customer hereby declares that he has read and reviewed the terms of use, in all their parts, and that he agrees to them. Use of the system indicates the customer's agreement to the terms of use, in their entirety and in their entirety.
2.3 The customer agrees that the provisions of the terms of use may change following changes in the laws applicable to Simple Code.
2.4 The customer hereby declares that he has reviewed the features of the system and found them suitable in terms of their type, description, quality and properties for his needs, and he hereby waives any claim of incompatibility of any kind.
2.5 The quantity of licenses shall be specified in the order. If the quantity of licenses is not specified in the order, then this quantity shall be for a single license. Each license grants a single user permission to use the system services.
2.6 The Terms of Use apply to the use of the system and the content contained therein via any computer, including any device or means that allows access to content via the Internet (such as a cell phone, smartphone, tablet, etc.). The Terms of Use also apply to the use of the system whether via the Internet or via any other network or means of communication. The Terms of Use also apply to the use of the system application, which can be downloaded for Android and IOS systems.
2.7 Any reference to the system or its parts refers to any specific part of the system content, including any page in the system or part of a page, or to any object, feature, option, application or other part of the system, as may be the case from time to time.
2.8 The terms of use of the system are formulated in the masculine form for convenience purposes only, and they apply to both women and men.
3. Authorization to make a purchase on the site
3.1 In order to place an order on the site, the customer must meet the following conditions:
3.2 The customer or his representative declares that he is at least 18 years old and has the legal authority to place the order.
3.3 If the customer's representative acts on behalf of another legal entity, he declares that he is authorized to bind that legal entity to the order and these terms of use, otherwise he will be considered personally responsible for all obligations relating to the use of the system.
3.4 The customer must have a valid credit card or an account with other payment methods, if any, in the system, and have sufficient credit to pay for the services.
3.5 He is not prohibited by Simple Code from using the site.
3.6 The representative must provide Simple Code with updated, complete and accurate details as requested in the order processes.
4. Simple Code Services
4.1 Simple Code will provide the services in accordance with the tariff and service package, terms of use and rules that Simple Code will determine from time to time.
4.2 In accordance with technological progress relating to the services, circumstances dependent on Simple Code's suppliers or in accordance with the provisions of the law, Simple Code may from time to time change the composition and terms of the tariff and service package and their characteristics, including the right of Simple Code, with prior notice, to cancel or change the type of service provided by it by prior notice to the customer or to change the technology by which it operates.
4.3 The customer is aware that technological services by their nature are subject to disruptions and malfunctions; Simple Code will make reasonable efforts to carry out any necessary repairs for the proper operation of the system as soon as possible.
4.4 The Customer is aware that due to technical faults and/or various technological characteristics, including those within our or our suppliers' control, disruptions may occur in the provision of Simple Code services.
4.5 Simple Code may disable the system from time to time for maintenance purposes. In such a case, Simple Code will notify its customers in advance of the system shutdown and of actions for system maintenance.
4.6 Simple Code may at any time change the structure and/or form of the system at its sole discretion.
4.7 Simple Code may add services at its sole discretion.
4.8 Simple Code may limit the scope of data retention by the Customer in its systems and the retention period, and/or subject the retention to various conditions, including minimal use of the data. Simple Code may, after giving prior notice to the customer, delete the data stored by him in Simple Code systems, and in any case, if 7 years have passed since the information was received, Simple Code may delete it without notifying the customer. Sending a notice of the intention to delete to the last e-mail address provided by the customer to Simple Code will constitute providing a reasonable opportunity as stated, and if this address is not active, Simple Code may delete the data as stated even without actually notifying the customer.
4.9 Simple Code may from time to time determine identification mechanisms that the customer must pass periodically in order to continue using Simple Code services.
4.10 Simple Code may from time to time determine arrangements regarding entry into the system, such as: passwords of varying degrees of difficulty, locking mechanisms due to incorrect entries, identification questions, etc.
4.11 The customer is aware that the external providers may have human and/or automatic filtering mechanisms in their systems to block messages that do not comply with the rules established by these providers regarding the use of their services. The customer waives any liability in connection with messages that were blocked within the framework of these mechanisms
5. Use of the system
5.1 In order to use the services, the customer must register in Simple Code systems and create a personal account. For this purpose, the customer will be required to choose a password to log in to the system in accordance with the rules established by Simple Code from time to time. In addition, the customer must provide himself with a computer and appropriate operating software and an appropriate Internet access service.
5.2 The customer undertakes not to provide the password to any external party who is not authorized to operate in his personal account. In addition, the user undertakes to update and change the password from time to time.
5.3 The user declares that the details he provided to Simple Code for the purpose of opening his account are correct, up-to-date and accurate.
5.4 Simple Code will not be liable for any liability arising from contact with a person who is not the customer as a result of relying on false details as appeared in the system.
5.5 In order to operate some of the service levels, for example: using the WhatsApp interface, the customer may be required to integrate into third-party systems and interfaces. Simple Code may offer the customer assistance against an additional fee to carry out this integration - this assistance may involve sharing the customer's representative's screen, and disclosing the information on this screen to a Simple Code representative. Simple Code will not be liable for any consequences of this integration and its implications for the customer's computer and information systems, and the customer must examine these implications before ordering the vehicle in question from Simple Code.
6. The contents of the system and the information displayed therein
6.1 The system as a whole, including all the information appearing therein and the software underlying it, are offered to users as they are (AS IS). The system allows business owners to create a business page that allows users to receive information about the business and to schedule appointments for the various services that the business owner offers. The system includes a management panel that allows business owners to manage the business page.
6.2 Simple Code makes efforts to ensure that the information contained in the system is accurate and up-to-date, however, certain content may be incomplete and/or technical and other errors may have occurred in certain content, including in software components. Simple Code will not be liable for any damage, expense and/or loss caused to users due to errors and/or inaccuracies in the aforementioned information.
6.3 The customer is aware and agrees that access to parts of the system may be conditional and/or affected by the installation of hardware or software components on his computer, including certain browsers and add-ons for those browsers. The customer is responsible for finding and installing any software component required for use of the site, at his own expense and responsibility. Simple Code is not responsible for these software components or any defects therein, or for any error or inconsistency in the presentation of the content resulting from the software components, their installation or failure to install them. Without derogating from the generality of the foregoing, access to the system or its parts and the content and their presentation may vary depending on the hardware features, operating system and software on the user's computer and their settings. Simple Code does not guarantee that the content will be presented in full and/or identically and/or correctly on different computers.
6.4 Simple Code clarifies that the information presented in the system does not constitute a recommendation, opinion, advice and/or an offer to purchase a product. Simple Code does not guarantee that a scheduled appointment in the system will actually take place. Simple Code is not responsible for a business page displaying false or inaccurate information. Providing service and any reliance on the information displayed in the system is the sole responsibility of the customer, and Simple Code will not be liable as a result of the customer or its customers' reliance on the information and/or the extent to which the information is appropriate for the customer's and its customers' use and/or needs. Simple Code has no responsibility for certain content originating from third parties, and Simple Code does not guarantee the accuracy of such content.
6.5 The rights of the parties are those specified in these Terms of Use, and the use of the system as aforesaid is not intended to grant the customer any additional rights.
6.6 If a discrepancy and/or contradiction is discovered between the content in the system and information in the official documents of Simple Code in its offices, the information in the official documents in Simple Code's offices or in the agreement between the parties, to the extent that it exists, will be considered correct.
6.7 Simple Code may limit access to the system or parts thereof to different types of users and/or its customers and/or to some of them and/or condition access to them to users who register in the system or who confirm their consent to certain special conditions.
6.8 Simple Code cannot guarantee that the system will always be available. The availability of the system can be affected due to various reasons such as: system failure, failure of the system's storage servers, system upgrades, infrastructure problems, failures and errors in the system's source code and other reasons. When using the system and/or purchasing a subscription, it should be taken into account that the system may be unavailable
7. Intellectual Property and Confidentiality
7.1 All intellectual property rights inherent in Simple Code services, including its websites and applications, are the exclusive property of Simple Code or third parties who have granted Simple Code permission to use them, including copyrights, patents and designs, names, logos and trademarks, whether registered or unregistered, trade secrets and business information, including the technological information involved in operating the services, including the algorithms, methods, systems, databases, graphic designs, applications, graphic files, computer codes, written materials and/or any other material or information contained therein, including designs and graphics (hereinafter and above: "the Intellectual Property").
7.2 The customer is granted a temporary, non-exclusive, non-transferable license to use the system services, limited to a single user and his personal needs.
7.3 The customer undertakes not to make any use of the intellectual property, including copying, distributing, publicly displaying or performing, reproducing, marketing, selling, renting, editing, delivering to a third party, changing the design and/or graphic interface of Simple Code, creating derivative works or making any commercial use of the intellectual property and/or any part thereof, whether by him or through or in collaboration with a third party, without obtaining the prior written consent of Simple Code.
7.4 Any information, not included in the information as defined above to which the remaining provisions of this policy shall apply, that is transferred to Simple Code by the Customer and that is by its nature confidential or has been defined as confidential by the Customer, will be kept confidential by Simple Code and will not be transferred to a third party or published without written permission from the Customer. These obligations do not apply to the transfer of information to technology service providers by Simple Code for the purpose of performing the services for the Customer.
7.5 The Customer is not authorized to create LINK connectivity to Simple Code sites, or to perform any type of FRAMING or EMBEDING in relation to them, unless it has received express written permission from Simple Code.
7.6 The Customer's obligations in this section will remain in effect at all times.
8. Links to Other Sites (Links)
The System may contain links to third-party websites that are not operated by Simple Code (hereinafter: "Links"). The links are provided for the convenience of the user only and Simple Code has no control over these sites and is not responsible for the content appearing on them. The inclusion of the links in the system does not indicate support for the content displayed on these sites or any other connection to these sites or their operators. Simple Code does not guarantee the correctness of the links or that these links are directed to the sites to which each electronic pointer purports to link. Simple Code may, at its sole discretion, remove any link from the site and/or add additional links.
9. Customer Obligations
9.1 As part of the user's use of the system, the user undertakes as follows:
- 9.1.1 That he will not act in any way that may interfere with the proper operation of Simple Code services.
- 9.1.2 Not to perform actions on the system that may restrict or prevent others from using the system, and not to use the system in a manner that is not in accordance with any law, including any change or deletion of information or content.
- 9.1.3 Will adhere to the rules for sending advertising messages stipulated by law (including: obtaining consent, removal from a mailing list, presenting information required by law, etc.), will refrain from sending spam, will not harass Simple Code systems, recipients or any other third party, and will adhere to the rules for protecting privacy, including information security.
- 9.1.4 That in each message sent to the recipient, only the user's real identification information will appear.
- 9.1.5 That he will not use or allow anyone else to use Simple Code services for an unlawful act and/or an act that amounts to a tort and/or an infringement of the intellectual property rights of Simple Code and/or of any other third party and/or an act that violates the privacy of another under any law, and/or contractual rights and/or fiduciary duties to others.
- 9.1.6 That he will act in good faith and in an acceptable manner, will refrain from any harassment of others, will make fair use of the system and will refrain from abusing them.
- 9.1.7 That he will refrain from transmitting any message via the system whose content is threatening, defamatory or slanderous, vulgar or prohibited by any law or that creates grounds for a criminal or civil lawsuit.
- 9.1.8 That he will not impersonate any person or entity, including a representative, employee or manager of Simple Code and/or provide a misrepresentation or false representation of a relationship between him and a third party.
- 9.1.9 He will not distribute false and misleading material or material that is intended to deceive any person or entity, directly and/or indirectly.
- 9.1.10 He will not upload, retrieve, broadcast, distribute or publish marketing or advertising information of any kind, without express prior permission from Simple Code, including with respect to each and every message separately.
- 9.1.11 Not to make any commercial use of the information and content in the system, or any part thereof, except for the purpose of scheduling appointments for his own business and not for the businesses of others
- 9.1.12 Not to distribute any material containing any type of computer virus or any other computer code, designed to take information without permission, destroy, disrupt, or limit the use (including any use other than fair and reasonable use of the service) of any of the computers, servers, hardware and/or software that are used by Simple Code for the purpose of providing the services or by the recipients.
- 9.1.13 Not to create links to sites that contain pornographic content, content that encourages violence, racism or illegal discrimination, or that is against the law, or whose publication is against the law or that encourages illegal activity.
- 9.1.14 Not to distribute material that constitutes consumer deception according to the Consumer Protection Law, 5741 - 1981.
- 9.1.15 Not to make any use outside the system, of graphic content including images, fonts and more that are provided by Simple Code without receiving written permission from Simple Code.
- 9.1.16 Not to send messages to recipients to whom the customer is prohibited by law from sending marketing messages.
- 9.1.17 Not to use in his messages identification data that is not his or that is likely to mislead the recipients or that belongs to a third party that did not give the user permission to use them.
9.2 It is the sole responsibility of the customer to ensure and ensure that he has all legal permissions in terms of intellectual property laws to send and use the works incorporated in his messages to his recipients, including the fonts involved in them.
9.3 It is the customer's responsibility to use the computer at his own expense, to connect to the network The Internet and maintain an email account and an account in the various messaging services such as WhatsApp to the extent that he uses them through the system services.
9.4 Compliance with accessibility laws in relation to messages sent by the customer is the sole responsibility of the customer. The customer must examine whether Simple Code services are in accordance with accessibility laws and the rights granted to people with disabilities.
9.5 Without prejudice to any other right of Simple Code, Simple Code may limit or terminate the customer's use of its services in whole or in part to the extent that it believes or suspects that he is making unreasonable use of it, or to the extent that he is carrying out illegal activity through Simple Code services or that is contrary to the provisions of the Terms of Use, as well as to record and/or track the user's use of the site and/or remove information stored by it that originates from the customer or to order the removal of recipients from the customer's distribution lists or the making of changes to them, and any action it deems appropriate to take to protect its property and/or its rights and the rights of other users.
9.6 Simple Code may transfer details Regarding the identity of the user and regarding actions he has performed in the system to third parties, including in the event that the third parties prove, to the satisfaction of Simple Code, that they are victims of illegal activity or that is contrary to the terms of use of the customer
9.7 This limitation or provision shall not constitute grounds for returning funds to Simple Code or for not making payments to Simple Code.
9.8 It is hereby clarified that Simple Code is not a party to the customer's relationship with its customers, including the communication it conducts with them through the system, is not responsible for the creation of recipient lists, for the arrangements between the customer and its customers, the determination of pricing by the customer, the selection of its products and services, and that these issues are the sole responsibility of the customer. It is also clarified that Simple Code, including through its systems, is not obligated to examine the compliance of the customer's use of its services with the law or the provisions of these terms.
9.9 The customer will be responsible for any loss, injury, damage or loss caused to Simple Code and/or its suppliers and/or its customers and/or a third party due to an act and/or omission in connection with the service. For the avoidance of doubt, it is clarified that the customer will be responsible for the correct, reliable and legal use of the services.
9.10 To the extent that the user has received a password or access code or authorization for the purpose of using the system or any part thereof, he undertakes not to disclose the password or access code to any other person and not to allow any other person to use them or with authorization. The user will be responsible for any use made using his password, access code or authorization.
9.11 The user declares that he is aware of the methods of contacting the company.
10. Packages and Payments
10.1 In exchange for Simple Code services, the customer will pay Simple Code payments in accordance with the rates and services plan, which may include: one-time payments, periodic payments, payments based on the volume of message delivery, advance payments for the purchase of message delivery volumes, and which may be limited to the number of users on behalf of the customer in the services (hereinafter: the "Usage Fees").
10.2 The method of calculating the usage fees will be according to the data in Simple Code systems, the amounts and the current terms in the Simple Code price list at the time of billing and in accordance with the rates and services plan.
10.3 Simple Code shall be entitled, with prior notice to the Customer, to update from time to time, and at its discretion, the rates and conditions in the Service Plan and Rates, including updating the rates of services provided free of charge.
10.4 If new mandatory payments (tax, levy, fee, etc.) are imposed or the rates of mandatory payments change in respect of Simple Code services, even if they are imposed on Simple Code, Simple Code shall be entitled to charge the Customer for them.
10.5 For the avoidance of doubt, it is hereby clarified that Simple Code is entitled to the full usage fee for the entire billing period, including for periods in which there were interruptions and/or disruptions in Simple Code services or in which the Customer did not use Simple Code services.
10.6 The usage fee is payable by the date specified in the invoices issued to the Customer by Simple Code.
10.7 The usage fee specified in the package refers to Only for the services included therein and according to the terms detailed therein. Any additional service, extension, addition, change, improvement, update, will incur an additional payment from the customer in accordance with the Simple Code price list or according to an agreement documented in writing or by any other external and reliable means between the customer and an authorized representative of Simple Code or an authorized digital means on its behalf.
10.8 Failure by the customer to comply with Simple Code's instructions and the provisions of these Terms of Use as stated above will not serve as a reason for the customer to fail to make payments to Simple Code for the permission to use its services or for the products.
10.9 It is hereby clarified and agreed that all messages sent through the system will be charged or counted for the use of the volume of messages purchased in advance, including messages not received in due time. Exhausting the message package in the package during the billing period will require the customer to purchase an additional message package if he requests to send additional messages that are not included in the package.
10.10 Customer disconnection from the services Simple Code does not exempt the customer from paying for tangible products purchased from Simple Code, to the extent purchased.
10.11 The customer hereby confirms the composition of the service package and the rates that appeared before him as part of his registration for the services (details appear on the price list page on the Simple Code website and in the application itself).
10.12 A customer who purchased a package that includes a trial period during which the service will be provided for free, after the end of the trial period or during which the customer will be able to decide whether to purchase a subscription or discontinue use of the system. If the customer decides not to purchase a subscription, his business page will be displayed as "unavailable". After paying for the subscription, it will not be possible to receive a refund and/or other refund.
10.13 A paying customer who chooses to change the type of package he has chosen will be able to do so according to the following details: A paying customer who upgrades his current package to a more expensive package will only be charged for the difference in costs between the subscriptions according to the days remaining until the next billing date and will then be charged for All payments in the package detailed in the system. A paying customer who downgrades his package to a cheaper package will only be transferred to the reduced package starting from the next billing date.
10.14 A paying customer who chooses to cancel the service he purchased will submit a request to cancel the service. The request will be submitted from the system in the designated place. Simple Code will respond to the request within 2 business days, if the paying customer has not canceled the request he submitted for cancellation. The cancellation will take effect at the beginning of the next billing date after the customer's request is approved.
11. Payment Terms
11.1 The Customer shall pay Simple Code by credit card the usage fees and all other payments to which it is entitled under the terms of use, on the dates and in the amounts specified as detailed in the invoices provided to it by Simple Code, once per period. The Customer hereby agrees that Simple Code will provide the payment processor with the expiration date and other details of the payment method and authorizes Simple Code to charge the payment method for all fees applicable to the type of package it chooses, upon cancellation or expiration of the payment method, the paying Customer agrees to immediately provide a new payment method and other information as required.
11.2 Any payment for which a due date has not been set is due immediately. Payment by current credit will be made as much as possible on the same day of the month in which the Customer joined the services.
11.3 Simple Code may require the customer to make payments by debit card or other means of payment and/or collateral and deposits such as a promissory note, bank guarantee or debit card voucher, in order to secure payments and/or as a condition for providing all or part of Simple Code services.
11.4 Any payment that is not paid in full and on time will entitle Simple Code to interest on arrears and linkage differences in respect of the fees for using Simple Code services at the maximum possible rates under the Interest and Linkage Ruling Law, 5721 - 1961. Simple Code may charge a customer for collection expenses on a payment for a service it provided to a customer that was not paid on the due date (hereinafter - "the amount of the debt"), provided that at least fourteen (14) days have passed from the due date, except in the case of non-payment due to the refusal of the bank or credit card company to pay a charge that Simple Code has been authorized to collect. In this regard, "collection expenses" - including legal treatment carried out by Simple Code or someone on its behalf in order to collect the amount of the debt before resorting to judicial authorities.
11.5 The customer gives his consent that in the event that Simple Code finds that an excess has been charged, it will refund the If Simple Code has the said debit amount by crediting his account with Simple Code.
11.6 In any case where the customer has canceled the means of payment with Simple Code, and has not notified Simple Code of the termination of the permission to use Simple Code services, the customer will continue to be obligated by Simple Code and responsible for arranging the existence of a means of payment between him and Simple Code.
11.7 To the extent that the customer's payments are made through a third party such as a bank or credit card company, the customer will bear all fees and payments that such third party requires for the transfer of payment to Simple Code from the customer.
11.8 It is clarified that in order to bill the customer, Simple Code may use the services of the clearing company, which are subject to the privacy policy and terms of use of the clearing company as stated. Simple Code is not responsible for the activities of the clearing company and/or the actual use made by it of the credit details.
11.8 In the event that the credit details or the details provided by the customer for billing purposes are not complete and correct, or If there is reasonable suspicion of fraud and/or deception, Simple Code may discontinue the provision of the services or not begin providing them.
11.9 Simple Code may set a charge ceiling. If the total customer charges exceed it, Simple Code may condition the continued provision of its services on the presentation of additional collateral for payment and/or immediate payment of the total charges.
12. Contract period and termination of service
12.1 The period of use of the system services will be until one of the parties notifies the other of the termination of the service. Notice from Simple Code will be at least 30 days in advance. Notice from the customer will be as detailed later in this section.
12.2 A paying customer who chooses to cancel the service will submit a request to cancel the service. The request will be submitted from the system in the designated place. Simple Code will respond to the request within 2 business days, if the paying customer has not canceled the request he submitted for cancellation. The cancellation will take effect at the beginning of the next billing date after the request is approved. The Customer.
12.3 Upon termination of services to the Customer, Simple Code does not undertake to back up and/or retain any content and/or recipient lists and/or any other content uploaded by the Customer to its systems.
12.4 Termination of services on behalf of the Customer or termination of services at the initiative of Simple Code due to the Customer's violation of these Terms of Use will not entitle the Customer to any refund of any kind, including for payments for future services or for volumes not utilized by the Customer.
13. Special conditions for Simple Code customers who have registered to use designated parts of the system
13.1 The system may include and/or will include in the future designated parts and/or features, intended for use by Simple Code customers who have purchased a mailing unit from it, and which will allow such customers to display information and/or send information to other customers of the system, subject to the sole discretion of Simple Code (hereinafter: the "Customer Site").
13.2 To the extent that such customers join the use of the Customer Site, the provisions of these Terms of Use will apply in addition to any additional conditions, agreements or documents as required for the purposes of joining, and the aforementioned documents and these Terms of Use will be considered complementary to each other.
13.3 The customer hereby authorizes Simple Code to send him messages, including notifications, or e-mail messages, SMS, WhatsApp or any other platform, which include marketing information and/or services, including information related to other customers in the system, reminders, cancellation notifications, appointment scheduling, etc., as well as advertising content from Simple Code or third parties.
14. Limitation of Liability
14.1 The Services are provided to the Customer on an "As Is" basis. It is clear to the Customer that Simple Code makes no express or implied representation regarding the suitability of the Services for a particular use.
14.2 Simple Code is not responsible for: the availability of information and content that Simple Code allows access to within the framework of the Services, the content, form, reliability and accuracy of the data, the quality of the information, any defect in the way the information is transmitted or in our content, the non-conformity of the data received by the Customer with that recorded in Simple Code's systems. Simple Code will not be liable for any direct and/or indirect damage/loss/expenses that may result from any of the above.
14.3 It is hereby clarified that Simple Code and its managers will not bear any damages that may be caused to the customer resulting from: war, fire, natural disasters, floods, power outages, strikes or shutdowns, restrictions by authorized bodies, consequential or indirect damages, losses, damage to reputation, malfunctions in computer equipment, loss of information or due to the connection to Simple Code systems and/or due to the use and/or inability to use the services provided by Simple Code or disruption thereof, and this notwithstanding any prior notice or warning from the customer of the possibility of causing damages. In any case, the sole liability of Simple Code and its managers, whether under the laws of contracts, torts or any other law, will be limited to the amount of the average monthly consideration actually paid for the services provided by Simple Code according to the order by the customer.
14.4 It is hereby clarified that the services depend on third parties (such as: the Internet network, communication operators, transmission providers, server farms, international intermediary providers, etc.), and Simple Code is not responsible for any act or omission of these third parties, and will not bear any damage / loss / expense that may be caused as a result.
14.5 It is hereby clarified that Simple Code takes reasonable security measures as is customary in the industry with respect to the information stored in its systems, however, Simple Code is not responsible for any damage / loss / expense that may be caused due to the intrusion of unauthorized parties into Simple Code's or the Customer's software, systems and equipment.
14.6 It is clarified to the Customer that Simple Code does not undertake to secure or back up the information, data and anything else that is transmitted as part of the services or entered into Simple Code's systems, and that Simple Code is not responsible for its security or backup and will not bear any damage, loss, expense, etc. that may be caused as a result. It is clarified that the customer is solely responsible for the security, backup and protection of the information contained in the systems and equipment in its possession, and that Simple Code is not responsible for damages resulting from exposure to any content via the Internet and/or from the distribution of viruses, software, or malicious files, including damage to the services and/or the customer's equipment, such as: the intrusion of viruses, software, malicious files, etc., originating from the customer or third parties.
14.7 Simple Code is not responsible for any action that leads to the creation of a contact between the customer and a third party and/or for the quality of the contact and/or the services and/or products provided by any such party that result from the contact created following the customer's use of the system. It is clarified that Simple Code and/or anyone on its behalf will not be a party to any transaction that may be concluded between the user and a third party as a result of the customer's use of Simple Code systems and will not bear any responsibility for the result that may result from such a transaction.
14.8 Nothing in this section shall derogate from any immunity granted and/or to be granted to Simple Code under any law.
14.9 The use of the system is at the sole responsibility of the user. Simple Code does not bear any responsibility or liability for any disruption, error or omission in the content and/or information and/or content of the system. Simple Code shall not be liable for any direct, indirect, consequential or incidental damage resulting from access to and use of the system or from any prevention of access to or use of the system, whether on legal grounds or tortious grounds. Simple Code is not liable for any damage, including damage caused by a computer virus ("virus"), hostile features known as Trojan horses, worms, vandals, malicious applications, spyware or software applications of any kind to the user's computer equipment or to any other property of the user, which may be caused by browsing or using the system, including by downloading information from the system.
14.10 The user is aware that Simple Code cannot monitor any information and messages uploaded, if uploaded and displayed on the system, by other users, and it is not responsible for any publication by third parties as aforesaid.
14.11 The customer will be solely responsible for any loss, injury, damage or loss caused to Simple Code and/or any of its suppliers or a third party due to an act and/or omission in connection with Simple Code services, and also in connection with the information provided in the service and/or due to any action in violation of any of the provisions of the law and/or the provisions of the Terms of Use. For the avoidance of doubt, it is clarified that the customer will be responsible for the accuracy, reliability and trustworthiness of the information distributed by him.
14.12 The customer undertakes to indemnify Simple Code and/or compensate it, within 10 days of its demand, for any expense it is forced to incur and/or for any damage it may suffer and/or loss, including special, indirect, consequential or apparent damage arising from matters related to the customer and/or its activities, including due to a violation of the provisions of the Terms of Use, including due to the sending of messages that contradict the provisions of the Terms of Use and/or due to a violation of the provisions of the law and/or for any expense required of Simple Code by a third party related to the customer or its activities. The indemnification and compensation will include any expense, including attorney's fees, legal expenses, fines, etc. The obligations subject to this section will remain in force even after the end of the period of use, even if the expense was required and/or the damage was created and/or discovered after the end of the period of use, provided that the matter concerns the customer and/or the customer's activities during the period of use.
15. Joining Clearing Services
15.1 A customer may request Simple Code to connect to a clearing service in order to receive payments for the services it offers, to the extent that this service is distributed by Simple Code.
15.2 The clearing service will be performed by connecting the business owner to a third party that provides an authorized interface for developers and that Simple Code supports connecting to.
15.3 The customer will connect independently to the clearing service, and the Simple Tor system will interface with the clearing service and allow payment through the business owner's clearing service, for example: the customer will connect to Grow's clearing service in order to receive payments, Simple Code will interface with Grow and enable the display of payment pages to the business owner's customers in order to allow the customer to receive payments for the services and/or products it offers, the customers will pay on the payment page and the money will be transferred to the business owner by Grow in accordance with the business owner's agreement with Grow and without any transfer to Simple Code at any stage.
15.4 The customer must indicate to his customers how he will send The product to the customer and the maximum time for the product to arrive at the destination, from the moment the purchase was made. In the case of payment on an order, the business owner will provide the service on the specified date unless otherwise agreed with the customer who made the purchase
15.5 In order to make a payment, the buyer must be 18 years of age or older.
15.6 A buyer who wishes to make a purchase may request to save the card token for future billing. If he chooses this option, the customer will be able to charge it independently and the buyer will be able to pay without re-entering the card details the next time, and all this until the token expires or for any reason for which Simple Code decides to delete the token.
15.7 Simple Code and/or anyone on its behalf are not a party to the purchase transaction and will not be liable for any direct and/or indirect damage caused as a result of using the service and/or using a product purchased in the system.
15.8 The customer undertakes that cancellation of a transaction will be carried out in accordance with the Consumer Protection Law 5741-1981 and will allow cancellation of a transaction according to the requirements of the law.
15.9 The "Deposit Credit" option works by using the card token for recurring debiting, and does not occupy a frame, and therefore this option does not guarantee that a charge will be made.
15.10 Simple Code will not bear any responsibility on its part for a transaction that is not realized or a deposit credit that is not successfully cleared.
16. Privacy
16.1 Simple Code's privacy policy is detailed in a link found in the system. This policy may change from time to time. The customer hereby declares that he has reviewed the terms of Simple Code's privacy policy, agrees to them and to the changes that will be made to it from time to time by Simple Code.
16.2 The customer undertakes not to store in Simple Code's systems any information that is sensitive by its nature, information that concerns the privacy of a person's life or any information that appears in the first appendix to the Privacy Protection Regulations (Information Security), 5777-2017, unless For this purpose, the Customer has also received detailed and explicit written approval from Simple Code.
16.3 The Customer undertakes to act in accordance with all instructions from the Privacy Protection Authority or any other authorized authority in the context in question, and to perform the relevant legal obligations regarding obtaining the information involved in the use of Simple Code services by the Customer, reviewing it, preserving it, storing the information, including in Simple Code systems, including registering a database to the extent legally required.
16.4 Simple Code may provide the Customer's details to any authorized authority and to any recipient who has reasonably proven, in Simple Code's opinion, that a message on behalf of the Customer was transmitted to him.
16.5 The customer knows and agrees that Simple Code and/or the communications operators whose services Simple Code uses may review and monitor at any time the messages and their content transmitted by the customer and/or request to transmit, as well as prohibit and/or reject the sending of certain messages in an absolute or specific manner and/or by stipulating conditions for sending such messages, to all subscribers and/or to some of them, all subject to the sole discretion of Simple Code and/or the communications operator. It is clarified that this provision does not impose on Simple Code and/or the communications operator any responsibility or liability, of any kind, with respect to the content of the messages and/or their sending, and/or their examination or the ability to track them - the sole responsibility in this context lies with the customer.
17. Miscellaneous Provisions
17.1 Simple Code may assign all or part of its rights and obligations under the Terms of Use and Order to any third party without the customer's approval, and without derogating from the generality of the foregoing, Simple Code may assign only part or all of its rights to receive funds from the customer under the order.
17.2 The customer may not assign his rights and obligations under these Terms of Use and Order to another without the express written approval of Simple Code.
17.3 The Terms of Use and Order exhaust all representations and agreements between the parties prior to their signature, and no party shall be entitled to claim any such representation or agreement that is not mentioned therein. The parties shall not be bound by any promises, publications, declarations, representations, prospectuses, agreements and undertakings, oral or written, etc., that are not included in the Terms of Use or the order and were made, if made, by them prior to the date of the order.
17.4 Any waiver by either party of any of its rights or modification of such rights shall not be valid unless made in writing by the authorized representatives of the parties.
17.5 The customer acknowledges that Simple Code may contact him for the purpose of offering promotions, explanations of software updates, marketing material and/or publications by email, etc.
17.6 If a party refrains from exercising any of its rights under the Terms of Use or under any law, or does not exercise such right on time - this shall not be considered a waiver on its part of the said right.
17.7 A waiver or extension granted by a party to another party in a particular case shall not constitute a precedent and/or shall not be deemed to constitute an equivalent ruling for a similar and/or different and/or other case.
17.8 Nothing in the Terms of Use shall be construed to grant, expressly or by implication, any rights to any third party.
17.9 If it is determined that a provision of the Terms of Use is unenforceable and/or void for any reason, this shall not prejudice the remaining provisions of the Terms of Use, and the parties shall act to implement the Terms of Use in accordance with their spirit and letter. including replacing the unenforceable and/or void provision as aforesaid with an alternative provision whose effect and operation are essentially the same.
17.10 Simple Code shall be entitled to deduct and/or offset and/or credit from the funds it has received and/or received from the Customer in respect of the Services and/or other agreements all that it is entitled to from the Customer under the Terms of Use and/or agreements and/or other obligations, all at its sole discretion. The Customer hereby agrees that this section constitutes a set-off notice by law and Simple Code shall not be obliged to send any additional set-off notice.
17.11 It is declared by the parties that the Terms of Use do not constitute a representation or promise regarding the type, status or manner of recognition of the payments to Simple Code in terms of tax law, and that Simple Code is not responsible in any way for the manner in which the payments are presented to the tax authorities.
17.12 The Customer hereby confirms as prima facie evidence Simple Code's records in all matters concerning Data relating to the number of licenses, the scope of use, the period of use of the services and the type of services used.
17.13 The addresses of the parties regarding the Terms of Use are as specified in the order, and any message sent to these addresses will be deemed to have been received by the recipient 48 hours after it was sent.
17.14 Simple Code may at any time make changes to the system, remove any part of the system and add to it, from time to time, by updating the system, as well as stop and start the system's operation, refuse to grant access to the system or parts thereof to any user, all at the sole discretion of Simple Code and without prior notice, and the user will have no claim against Simple Code in this regard. Without derogating from the generality of the above, Simple Code is not obligated to save the information and content of the system, whether it originates from Simple Code or from users or other parties, and it may delete it.
17.15 It is clarified that the customer is a business and this engagement is For the purposes of its business, and therefore it is clarified that the provisions of the Consumer Protection Law, 5741-1981, and the regulations enacted pursuant thereto do not apply to the relations between the parties, including with regard to the possibility of canceling the transaction.
17.16 All activity in the system and everything related and entailed therein, including the terms of use, are subject only to Israeli law and the exclusive jurisdiction in any dispute concerning the site and its use and the terms of use shall be vested in the courts of Ashkelon.
17.17 Simple Code reserves the right to make changes to the terms of use at any time, at its discretion, with prior notice to the customer.
17.18 The user's use of the system constitutes a declaration and confirmation on his behalf that he has read these terms of use, understood their contents, and agreed to their provisions. The customer waives this in advance and will not be entitled to make any claim and/or demand against Simple Code or anyone on its behalf with respect to the issues regulated in these terms of use.
Additional Terms of Use for Business Owners' Customers
Welcome to the Simple Tor system. The system is designed to facilitate business owners and their customers and should be used in accordance with the following terms:
1. Definitions
1.1 "Simple Code" – SI Simple Code Ltd., company number 516820560 (hereinafter: Simple Code), which provides access to the system subject to these terms.
1.2 "The User" or "You" – the legal entity using the system to communicate with a business owner, who subscribes to the system's services.
1.3 "The System" – the Simple Tor system that provides all of the functions to which these terms apply, whether embodied through a Windows interface or a mobile interface, including all information and content contained therein, whether visible to users or not;.
1.4 "Information" or "Content" or "Contents" include information or content of any kind, including any verbal, visual, audio, audio visual content or any combination thereof, as well as the design, processing, editing, distribution and presentation of the content, including (but not limited to): image, photograph, illustration, animation, diagram, simulation, video, audio file, as well as any object, software, file, computer code, application, format, protocol, electronic form, database and interface, and any character, symbol and icon.
1.5 "Terms of Use" - the terms of use in this document.
2. General
2.1 The following terms of use apply to the use of the system, and constitute an integral part of the binding system of rights and obligations between Simple Code and the user.
2.2 The user hereby declares that he has read and reviewed the terms of use, in all their parts, and agrees to them. The use of the system indicates the user's agreement to the terms of use, in their entirety and in their entirety.
2.3 The user hereby declares that he has examined the features of the system and found them suitable in terms of their type, description, quality and features for his needs, and he hereby waives any claim of incompatibility of any kind.
2.4 Any reference to the system or its parts refers to any specific part of the content of the system, including any page in the system or part of a page or any object, feature, option, application or other part of the system, as may be the case from time to time.
2.5 The terms of use of the system are formulated in the masculine form for convenience purposes only, and they apply to both women and men.
2.6 If you are not of legal age, which allows you to commit to and accept these terms, do not use the system. If it becomes clear to us that you are not of the appropriate legal age as stated, we reserve the right to prevent you from using the system or its parts.
2.7 We reserve the right to change, redesign, add to or remove from the system, without your consent.
2.8 We may from time to time change these terms and the privacy policy of the system, please check/check the terms and privacy policy constantly.
3. Essence of the System
3.1 The system allows the user to communicate with business owners who subscribe to the system's services, including scheduling appointments with business owners.
3.2 Simple Code is not obligated to the user for any service, and the use of the system is as is, without guaranteeing any quality to the user.
3.3 Simple Code is not a party to the relationship between the user and the business owner, and is not responsible for the use of the system by the business owner or for any act or omission or representation on his behalf.
3.4 The system may allow exposure to: user content, system content, consulting content, advertising and marketing content, and content from other third parties, but Simple Code is not responsible for this content. This content may contain inaccuracies or errors.
3.5 Simple Code may close the system, in whole or in part, to a seller, or transfer it to other operators, change its purpose, make parts of it or all of it accessible to subscribers only.
3.6 Simple Code may require a fee for access to parts of the system, or require a fee for use of features, services or means that are currently available free of charge.
3.7 Simple Code may discontinue human and/or automated support in the system, temporarily or permanently discontinue the existence of various services, functions or parts of the system, and you confirm that you do not have and will not have any claim against us for this.
4. Provision of details by the user within the system
4.1 When the user provides details within the system, he must provide updated, complete and accurate details in accordance with the requirements of the system processes.
4.2 The user will provide details only about himself and will not impersonate anyone else.
5. Use of the System
5.1 The User is aware that technological means by their nature are subject to disruptions and malfunctions; the User is aware that due to technical malfunctions and/or due to various technological characteristics, including those under our or our suppliers' control, disruptions in the operation of the system may occur to the point of unavailability.
5.2 Simple Code may disable the system from time to time for maintenance purposes.
5.3 Simple Code may at any time change the system at its sole discretion.
5.4 Simple Code may limit the scope of data retention in its systems and the retention period, and/or subject the retention to various conditions. Simple Code may delete the data relating to the User that has been retained in the system without actually providing notice to the User.
5.5 Simple Code may from time to time determine identification mechanisms that the User must pass periodically in order to continue using the System.
5.6 Simple Code may establish arrangements from time to time regarding entry into the system, such as: passwords of varying degrees of difficulty, locking mechanisms due to incorrect entries, identification questions, etc.
5.7 Simple Code may, for the purpose of using the system, require the user to register in the system and create a personal account. For this purpose, the user will be required to choose a password to enter the system in accordance with the rules that Simple Code will establish from time to time. In addition, the user must provide himself with a means of identification, appropriate operating software and an appropriate Internet access service at his own expense.
5.8 The user undertakes not to provide the password to any external party who is not authorized to operate in his personal account. In addition, the user undertakes to update and change the password from time to time.
5.9 The user declares that the details he provided to Simple Code for the purpose of opening his account are correct, up-to-date and accurate.
5.10 Simple Code will not be liable for any contact with a person who is not the user as a result of relying on false details as appeared in the system.
5.11 It is possible that in order to operate some of the layers of the system, for example: using the WhatsApp interface, the user may be required to integrate third-party systems and interfaces.
5.12 The user will not interfere with the operation of the system or create a load on it, and will not perform any act that could harm the use of the system by others or its routine activity.
5.13 Use of the system is intended for private, reasonable, respectful and fair use.
5.14 Use of the system is conditional on the user being sincerely interested in the information and uses in the system, and is limited to these purposes. The user of the system is strictly prohibited from using it to distribute content, messages or anything else that does not fully and completely correspond to the above system goals, including: commercial advertising, "data fishing", marketing, statistical or other research tests may not be carried out through the system.
5.15 The user may not do anything that may constitute a circumvention of these terms of use or of technological mechanisms existing in the system or to assist, harm or interfere with the operation of the system, its features, applications, and other characteristics existing in it. Simple Code may restrict use of the system to the extent that we suspect such acts.
5.16 The user may not use any tool, software, system, algorithm, robot, method, automatic or other programmed means except for accepted browsers to access the system. Content from the system may not be copied by these means, and the system or its mechanisms may not be penetrated by them, and no use or copying of the code embedded in them may be made.
5.17 The user is not authorized to make any use of the content appearing in the system without express written permission from Simple Code.
5.18 Downloading content from the system is at your own risk, including with respect to the effect of the download on the equipment in your possession.
5.19 The use of the aforementioned system is not intended to grant the user any additional rights.
6. The contents of the system and the information displayed therein
6.1 The system as a whole, including all the information appearing therein and the software underlying it, are as they are (AS IS).
6.2 Simple Code will not be liable for damage, expense and/or loss caused to users due to errors and/or inaccuracies in the information in the system or in the system's operations.
6.3 The user is aware and agrees that access to parts of the system may be conditional and/or affected by the installation of hardware or software components on his computer, including certain browsers and add-ons for those browsers. The user is responsible for finding out and installing any software component required for use of the system, at his own expense and responsibility. Simple Code is not responsible for these software components and any defects therein, and for any error or inconsistency in the presentation of the content resulting from the software components, their installation or failure to install them. Without derogating from the generality of the above, access to the system or its parts and contents and their presentation may vary depending on the hardware features, operating system and software of the user's computer and their settings. Simple Code does not guarantee that the contents will be presented in full and/or identically and/or correctly on different computers.
6.4 Simple Code clarifies that the information presented in the system does not constitute a recommendation, opinion, advice and/or an offer to purchase a product or service on its behalf. Simple Code does not guarantee that a scheduled appointment on the system will actually take place. Simple Code is not responsible for a business page presenting false or inaccurate information. Providing service and any reliance on the information presented in the system is the sole responsibility of the user and Simple Code will not be liable as a result of the user's reliance on the information and/or the extent to which the information is suitable for the user's use and/or their needs. Simple Code has no responsibility for certain contents originating from third parties and Simple Code does not guarantee the accuracy of such contents.
7. Intellectual Property and Confidentiality
7.1 All intellectual property rights inherent in Simple Code systems, including its websites and applications, are the exclusive property of Simple Code or third parties who have granted Simple Code permission to use them, including copyrights, patents and designs, names, logos and trademarks, whether registered or unregistered, trade secrets and business information, including the technological information involved in operating the system, including the algorithms, methods, systems, databases, graphic designs, applications, graphic files, computer codes, written materials and/or any other material or information contained therein, including designs and graphics (hereinafter and above: the "Intellectual Property").
7.2 The user is granted a temporary, non-exclusive, non-transferable, revocable, and limited use of the system for a single user and his personal needs.
7.3 The user undertakes not to make any use of the intellectual property, including copying, distributing, publicly displaying or performing, reproducing, marketing, selling, renting, editing, delivering to a third party, changing the design and/or graphic interface of Simple Code, creating derivative works or making any commercial use of the intellectual property and/or any part thereof, whether by him or through or in collaboration with a third party, without obtaining the prior written consent of Simple Code.
7.4 The user is not authorized to create LINKs to Simple Code sites, or to perform any type of FRAMING or EMBEDING in relation to them, unless he has received express written permission from Simple Code.
7.5 The user's obligations in this section will remain in effect at all times.
8. Links to Other Sites
The system may contain links to third-party websites that are not operated by Simple Code (hereinafter: "Links"). The links are provided for the convenience of the user only and Simple Code has no control over these sites and is not responsible for the content that appears on them. The inclusion of links in the system does not indicate support for the content displayed on these sites or any other connection to these sites or their operators. Simple Code does not guarantee the correctness of the links or that these links are directed to the sites to which each electronic pointer purports to link. Simple Code may, at its sole discretion, remove any link from the site and/or add additional links.
9. Customer Obligations
9.1 As part of the user's use of the system, the user undertakes as follows:
- 9.1.1 That he will not act in any way that may interfere with the proper operation of Simple Code services.
- 9.1.2 Not to perform actions in the system that may limit or prevent others from using the system, and not to use the system in a manner that is not in accordance with any law, including any modification or deletion of information or content.
- 9.1.3 Will refrain from sending spam, will not harass Simple Code systems, recipients or any other third party.
- 9.1.4 That in any message sent to the recipient, only the user's real identification information will appear.
- 9.1.5 That the User will not use or allow anyone else to use the system for an unlawful act and/or an act that amounts to a tort and/or an infringement of the intellectual property rights of Simple Code and/or of any other third party and/or an act that violates the privacy of another under any law, and/or contractual rights and/or fiduciary duties to others.
- 9.1.6 That the User will act in good faith and in an acceptable manner, will refrain from any harassment of others, will make fair use of the system and will refrain from misuse thereof.
- 9.1.7 That the User will refrain from transmitting any message through the system whose content is threatening, defamatory or slanderous, vulgar or prohibited by any law or that creates grounds for a criminal or civil lawsuit.
- 9.1.8 That the User will not impersonate any person or entity, including a representative, employee or manager of Simple Code and/or will provide a distorted description or false representation of a relationship between him and a third party.
- 9.1.9 Not to distribute false and misleading material or material that is intended to deceive any person or entity, directly and/or indirectly.
- 9.1.10 Not to upload, retrieve, transmit, distribute or publish marketing or advertising information of any kind, without express prior permission from Simple Code, including with respect to each and every message separately.
- 9.1.11 Not to make any commercial use of the information and content in the system, or any part thereof, except for the purpose of scheduling appointments for oneself.
- 9.1.12 Not to distribute any material that contains any type of computer virus or any other computer code, designed to take information without permission, destroy, disrupt, or limit the use (including any use other than fair and reasonable use of the service) of any of the computers, servers, hardware and/or software that are used by Simple Code for the operation of the system or by the recipients.
- 9.1.13 Do not create links to websites that contain pornographic content, content that encourages violence, racism or illegal discrimination, or that is contrary to the law, or whose advertising is contrary to the law or that encourages illegal activity.
- 9.1.14 Not to distribute material that constitutes consumer deception according to the Consumer Protection Law, 5741 - 1981.
- 9.1.15 Not to make any use outside the system, of graphic content including images, fonts and more that are provided by Simple Code without receiving written permission from Simple Code.
- 9.1.16 Not to send marketing messages.
- 9.1.17 Not to use in his messages identification data that is not his or that is likely to mislead the recipients or that belongs to a third party that did not give the user permission to use them.
9.2 It is the sole responsibility of the user to verify and ensure that he has all legal permissions in terms of intellectual property laws to send and use the works incorporated in his messages.
9.3 It is the user's responsibility to use his own computer, connect to the Internet and maintain an email account and an account in the various messaging services such as: WhatsApp, to the extent that he uses them through The system.
9.4 Without prejudice to any other right of Simple Code, Simple Code may limit or terminate the user's use of the system in whole or in part to the extent that it believes or suspects that he is making unreasonable use of it, or to the extent that he is carrying out illegal activity through the system or contrary to the provisions of the Terms of Use, as well as to record and/or track the user's use of the system and/or remove information stored by it that originates from the user or to order the removal of recipients from the user's distribution lists or the making of changes to them, and any action that it deems appropriate to take to protect its property and/or rights and the rights of other users.
9.5 Simple Code may transmit details regarding the user's identity and regarding actions that he has performed in the system.
9.6 The user will be responsible for any loss, injury, damage or loss caused to Simple Code and/or a third party due to an act and/or omission in connection with the service. For the avoidance of doubt, it is clarified that the user will be responsible for the correct, reliable and legal use of the services.
9.7 To the extent that the user has received password or access code or authorization for the purpose of using the system or any part thereof, he undertakes not to disclose the password or access code to any other person and not to allow any other person to use them or the authorization. The user will be responsible for any use made using his password, access code or authorization.
9.8 The user declares that he is aware of the methods of contacting Simple Code.
10. Limitation of Liability
10.1 The use of the system is on an "As Is" basis. It is clear to the user that Simple Code makes no express or implied representation regarding the suitability of the system for a particular use.
10.2 Simple Code is not responsible for: the availability of information and content that Simple Code allows access to within the system, the content, form, reliability and accuracy of the data, the quality of the information, any defect in the way the information is transmitted or in its content, or the non-conformity of the data received by the user with that recorded in Simple Code's systems. Simple Code will not be liable for any direct and/or indirect damage/loss/expenses that may result from any of the above.
10.3 It is hereby clarified that Simple Code and its administrators will not bear any damages that may be caused to the user resulting from: war, fire, natural disasters, floods, power outages, strikes or shutdowns, restrictions by authorized bodies, consequential or indirect damages, losses, damage to reputation, malfunctions in computer equipment, loss of information or due to connection to Simple Code systems and/or due to use and/or inability to use the system or disruption thereof, despite any prior notice or warning from the user about the possibility of causing damages.
10.4 It is hereby clarified that Simple Code takes reasonable security measures as is customary in the industry with respect to the information stored in its systems, however, Simple Code is not responsible for any damage/loss/expense caused by intrusion by unauthorized parties into Simple Code's or the user's software, systems and equipment.
10.5 It is clarified to the user that Simple Code does not undertake to secure or back up the information, data and anything else that is transmitted within the system or entered into Simple Code systems, and that Simple Code is not responsible for its security or backup and will not bear any damage, loss, expense, etc. that may result as a result, and is not responsible for damages resulting from exposure to any content via the Internet and/or from the distribution of viruses, software, or malicious files, including damage done to the services and/or the user's equipment, such as: penetration of viruses, software, malicious files, etc., originating from the user or third parties.
10.6 Simple Code is not responsible for any action that leads to the creation of a contact between the user and a third party and/or for the quality of the contact and/or the services and/or products provided by any such party that result from the contact created as a result of the user's use of the system. It is clarified that Simple Code and/or anyone on its behalf will not be a party to any transaction that may be concluded between the user and a third party as a result of the user's use of Simple Code systems and will not bear any responsibility for the result that may be caused by such a transaction.
10.7 Nothing in this section shall derogate from any immunity that has been granted and/or will be granted to Simple Code under any law.
10.8 The use of the system is at the user's sole risk. Simple Code does not bear any responsibility or liability for any disruption, error or omission in the content and/or information and/or content of the system. Simple Code will not be liable for any direct, indirect, consequential or incidental damage due to access to and use of the system or due to any prevention of access to or use of the system, whether on legal grounds or tortious grounds. Simple Code is not responsible for any damage, including due to a computer virus ("virus"), hostile features known as Trojan horses, worms, vandals, malicious applications, spyware or software applications of any kind to the user's computer equipment or any other property of the user, which may be caused by browsing or using the system, including by downloading information from the system.
10.9 The user is aware that Simple Code cannot monitor any information and messages uploaded, if uploaded and displayed on the system, by other users, and it is not responsible for any publication by third parties as aforesaid.
10.10 The user will be solely responsible for any loss, injury, damage or loss caused to Simple Code and/or any of its suppliers or a third party due to an act and/or omission in connection with the system, and including in connection with the information provided in the service and/or due to any action in violation of any of the provisions of the law and/or the provisions of the Terms of Use. For the avoidance of doubt, it is clarified that the user will be responsible for the accuracy, reliability and trustworthiness of the information distributed by him.
10.11 The user undertakes to indemnify Simple Code and/or compensate it, within 10 days of its demand, for any expenses it is forced to incur and/or for any damage it may suffer and/or loss, including special, indirect, consequential or apparent damage arising from matters related to the user and/or his activity, including due to a violation of the provisions of the Terms of Use, including due to the sending of messages that contradict the provisions of the Terms of Use and/or due to a violation of the provisions of the law and/or for any expenses that may be required of Simple Code by a third party related to the user or his activity. The indemnity and compensation will include any expenses, including attorney's fees, legal expenses, fines and more. The obligations subject to this section will remain in effect even after the end of the period of use, even if the expense was required and/or the damage was created and/or discovered after the end of the period of use, provided that the matter concerns the user and/or the user's activity during the period of use.
11. Privacy
11.1 Simple Code's privacy policy is detailed in a link found in the system. This policy may change from time to time. The user hereby declares that he has reviewed the terms of Simple Code's privacy policy, agrees to them and to any changes made to it from time to time by Simple Code.
11.2 The user undertakes not to provide any sensitive information within the system, information relating to the privacy of a person or any information appearing in the first appendix to the Privacy Protection Regulations (Information Security), 5777-2017.
11.3 Simple Code may provide the user's details to any competent authority and to any recipient who has reasonably proven, to the knowledge of Simple Code, that a message on behalf of the user was transmitted to him.
11.4 The user knows and agrees that Simple Code and/or the communications operators whose services Simple Code uses are entitled to review and monitor at any time the messages and their content transmitted by the user and/or requests to transmit, as well as to prohibit and/or reject the sending of certain messages in an absolute or specific manner and/or by stipulating conditions for the sending of such messages, to all subscribers and/or some of them, all subject to the sole discretion of Simple Code and/or the communications operator. It is clarified that this provision does not impose on Simple Code and/or the communications operator shall not be liable for any responsibility or liability, of any kind, in relation to the content of the messages and/or their sending, and/or their checking or the ability to track them - the sole responsibility in this context lies with the user.
12. Special conditions for Simple Code customers who have registered to use designated parts of the system
12.1 The system may include and/or include in the future designated parts and/or features, intended for the use of Simple Code customers, who have purchased a mailing unit from it, and which will allow such customers to display information and/or send information to other customers of the system, subject to the sole discretion of Simple Code (hereinafter: the "Customer Site").
12.2 To the extent that such customers join the use of the Customer Site, the provisions of these Terms of Use shall apply in addition to any additional conditions, agreements or documents as may be required for the purposes of joining, and the said documents and these Terms of Use shall be deemed to complement each other.
12.3 The customer hereby authorizes Simple Code to send To which messages, including notifications, or e-mail messages, SMS, WhatsApp or any other platform, which include marketing information and/or services, including information related to other customers in the system, reminders, cancellation notifications, appointment scheduling, etc., as well as advertising content from Simple Code or third parties.
13. Miscellaneous Provisions
13.1 Simple Code may assign all or part of its rights and obligations under the Terms of Use to any third party without the User's consent.
13.2 The User may not assign his rights and obligations under the Terms of Use.
13.3 The Terms of Use and the Order exhaust all representations and agreements between the parties.
13.4 Any waiver by one of the parties of any of its rights or modification of such rights shall not be valid unless made in writing by the authorized representatives of the parties.
13.5 The user acknowledges that Simple Code may contact him for the purpose of offering promotions, explanations of software updates, marketing material and/or publications by email, etc.
13.6 If a party refrains from exercising any of its rights under the Terms of Use or under any law, or does not exercise such right on time - this shall not be considered a waiver on its part of the said right.
13.7 A waiver or extension granted by a party to another party in a particular case shall not constitute a precedent and/or shall not be deemed to constitute an equivalent ruling for a similar and/or different and/or other case.
13.8 Nothing in the Terms of Use shall be construed to grant, expressly or by implication, any rights to any third party.
13.9 If it is determined that a provision of the Terms of Use is unenforceable and/or void for any reason, this shall not prejudice the remaining provisions of the Terms of Use, and the parties shall act to implement the Terms of Use in accordance with their spirit and letter. Including replacing the unenforceable and/or invalid provision as aforesaid with an alternative provision whose result and operation are essentially the same.
13.10 The user hereby confirms as prima facie evidence the records of Simple Code in all matters concerning the data relating to these Terms of Use.
13.11 All activity in the system and everything related and entailed therein, including the Terms of Use, are subject only to Israeli law and the exclusive jurisdiction in any dispute relating to the system and its use and the Terms of Use shall be vested in the courts of Ashkelon.
13.12 Simple Code reserves the right to make changes to the Terms of Use at any time, at its discretion.
13.12 In the event of a discrepancy and/or contradiction between the content in the system and information existing in the official documents of Simple Code in its offices, the information found in the official documents in the offices of Simple Code or in the agreement between the parties, to the extent that it exists, will be deemed correct.
13.14 The user's use of the system constitutes a declaration and approval On his behalf, that he has read these Terms of Use, understood their contents, and agreed to their provisions. The user waives this in advance and will not be entitled to make any claim and/or demand against Simple Code or anyone on its behalf with respect to the issues regulated in these Terms of Use.
עודכן בתאריך
01/04/2023