In using this website and/or purchasing a License to use Company’s intellectual property you are deemed to have read and agreed to the following terms and conditions:
These Terms and Conditions and End User License Agreement constitute a legal agreement between you and Genie Soft Ltd. (the “Company” or “we“), that governs your access to and use of Company’s services available on the Company’s site (the “Site”), and/or the services otherwise provided by the Company (the “Services”), and/or the use of any software and any other intellectual property (the “Licensed Materials“).
This Agreement takes effect when you click the “Accept” button or check the box presented with these terms. By using the Site and/or Services and/or by purchasing a license to use the Licensed Materials (“License“) you acknowledge that you have read all of the terms included in these Terms and Conditions and agree to be bound by it. If you do not agree with any of the terms contained herein, do not click such a button or otherwise access or use this Application or the Services.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Israeli Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Grant of License
Subject to your acceptance of these Terms and Conditions, and in accordance with the terms and conditions herein, we grant you one (1) non-exclusive, non-assignable, non-transferable, revocable, limited license to access and use the Licensed Materials on limited number of websites, in accordance with the License package you purchased, for a period of 12 months.
The License shall extend to include any updates to the Licensed Materials released within the 12 month period following the date of purchase, subject to the limitations set forth herein and to the initial 12 months period.
The purchase of a License shall entitle you to our basic support service for a period of 12 months, which will include up to 36 responses to support queries during such period. Provision of response to additional queries shall require further payment by you, in accordance with the company’s policies as shall be in effect from time to time.
The terms in these Terms and Conditions shall remain in effect from the date of your acceptance until terminated by Company or you in accordance to the provisions set forth below, and shall govern any upgrades provided by Company that replace or supplement our Services or Licensed Materials, unless a separate license is accompanying such an upgrade, in which case the terms of the latter license shall govern.
If you are not of any legal status which allows you to form a binding contract with Company, you cannot enter into these Terms and Conditions with Company and no Licenses shall be granted to you.
Ownership of IP
Company retains ownership of all intellectual property rights, interest and title in the Site and Services and the Licensed Materials, including any updates, upgrades, enhancements, derivatives, improvements, extensions, and modifications thereto, in any copies thereof and in its documentation. As between you and Company, you acknowledge that all rights, title and interest in and to the Site, Services, Licensed Materials and any trademarks, trade names, copyrights, patents, patentable inventions, and any and all other intellectual property rights embodied in or in connection therewith, are owned solely and exclusively by the Company. Nothing in These terms and conditions shall be construed to grant to you any rights to any present or future products and/or intellectual property of Company, except as otherwise expressly provided herein.
USER ACKNOWLEDGES AND AGREES THAT THE SITE, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. COMPANY AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH COMPANY’S SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. COMPANY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COMPANY IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $50. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, COMPANY WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.
YOU AGREE TO INDEMNIFY AND HOLD COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, SUBSIDIARIES, AFFILIATES AND AGENTS, HARMLESS FROM AND AGAINST ALL LOSS, DAMAGES, EXPENSES, CLAIMS, DEMANDS AND LIABILITIES INCURRED OR SUFFERED BY COMPANY ARISING OUT OF (A) ANY REPRESENTATION MADE BY YOU TO THIRD PARTIES CREATING ANY OBLIGATION OR LIABILITY REGARDING COMPANY’S SERVICES WHICH COMPANY HAS NOT SPECIFICALLY ASSUMED OR APPROVED UNDER THESE TERMS, (B) YOUR’S BREACH OF ANY TERM OR CONDITION OF THESE TERMS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR (C) YOUR FAILURE TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, ORDINANCES AND TREATY REQUIREMENTS, RELATING, AMONG OTHERS, TO DATA PROTECTION, PRIVACY RIGHTS, AND COPYRIGHTS.
Payment and Billing
When you purchase a License via the Site, you will be required to provide us with a payment method, including but not limited to a valid credit card and proper billing information, and authorization to charge your payment method. Your payment method will be charged for the specific Service your purchased.
All fees for use of the License are exclusive of any taxes which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation.
You are entitled to cancel your purchase of a License within 30 days from the date of purchase, and in such event the Company shall refund the purchase price paid by you, and the License shall immediately terminate.
In connection with your use of the Services, and without limiting any of the other obligations under these Terms or applicable law, User shall not, and shall not permit others to:
- Use the Company’s Services for any purposes other than those expressly set forth in these terms and conditions;
- make available or distribute Company’s intellectual property and Licensed Materials over a network where it could be used by multiple devices at the same time;
- Modify the Company’s Services and/or intellectual property or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to obtain or create source code for Company’s Services and Licensed Materials;
- Use, sell, distribute, copy, duplicate, or otherwise reproduce all or any part of Company’s Services or any Licensed Materials;
- Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of our Site, Services, technology, or any software, whether included in the Licensed you purchased or not;
- Engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to Company or the Company’s Services and/or Licensed Materials, and any such representation, warranty or guarantee concerning Company made by User shall be considered a material breach of these terms and conditions; and
- Make any agreements, covenants, representations, warranties or guarantees concerning Company or the Company’s Services and/or Licensed Materialsthat are inconsistent with or in addition to those contained in these terms and conditions;
- Allow any access to or use of the Services and/or Licensed Materialsby anyone other than your authorized users;
- attempt to do any of the above; or
- enable or allow others to do any of the above.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway, except as specifically set forth above.
Survival. Sections of these terms and conditions which by their nature shall survive termination of these terms and conditions, shall so survive any termination of these terms and conditions.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
No Guarantee. Company does not guarantee continuous, uninterrupted access to the Site, and operation of the Site and/or Services may be interfered with by numerous factors outside Company’s control.
Severability. If any provision of these terms and conditions is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these terms and conditions shall remain in full force and effect.
Assignment. Company may assign these terms and conditions at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
Choice of Law. The Site, Services, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.
Force Majeure. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver. Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.