PLEASE READ CAREFULLY.
1. These Terms ("these Terms") apply to the use of Findaff.com website located at www. Findaff.com (the "Site") and to the purchase of products and services through the Site (“Product” or “Products”).
2. The Site is owned by Imec Marketing & Trading in Internet LTD. (hereinafter: “iMEC”,”we”, “us”, “our”).
3. The use in the site (this expression along the Terms is including the purchasing of Products and any other use of its features) is subject to the terms listed below. If you do not agree to one of these terms, you are required not to use the Site and leave immediately.
4. By using the Site you are bound to these terms of use and its Privacy Policy which is integral part of it. You declare that you have read our Privacy Policy and consent to its terms before using the Site and its features (hereinafter - Features). Our Privacy Policy's may be changed from time to time; you agree that you will review our Privacy Policy before making any other use of the Site.
You agree that all the purchases done through the Site by you will be governed by these terms.
5. We may from time to time modify these Terms, please check these Terms periodically.
6. If you are not eligible by law of your residency to contract with us with regard to the use of this Site or any of its parts or features, please do not use the Site. If we found out that you are not eligible as mentioned we may prevent your use in the Site.
7. We reserve the right to redesign the site, add features, detract from or alter the site and make any changes in its features at our discretion without prior notice.
8. All the intellectual property rights relating to the site, including its content, its title, user interfaces, music, videos, images, digital files, logos, artwork, marks, selection, arrangement, and graphic design (hereinafter: “Content”) and placement of the Content, are ours or belong to the entities which gave us permission to use them and are protected by various intellectual property rights laws. You agree not to change, interfere, copy, decompile, reverse-engineer, transfer, assign, rent, resell, imbed, record, broadcast, transmit, post, publicly display, link to or distribute the site, its features, or any part of them, without our prior express written consent. Except as expressly provided herein, you are not granted any rights or license to with respect to any of the Content, we disclaims all responsibility and liability for uses by you of the Content.
9. iMEC and Findaff.com are trademarks owned by Imec Marketing & Trading in Internet LTD. You agree not to use or display our marks and logo, in any manner without our prior written permission.
10. To perform certain operations through the Site including purchases you may be required to make registration and open an account in the Site (“Your Account”) and create user name and password and supply information about yourself including your billing information.
If you open an account on behalf of any other entity then you are hold to be authorized to represent in that sense the entity and to bind it in these Terms and the purchases you facilitate by using the Site.
11. You will be responsible for maintaining the confidentiality of your username, password, the information you supply us through the billing process and all other information you supply through Your Account (hereinafter: “Your Account Information”). You are required to immediately report us whenever you aware or suspect unauthorized use of your username or password or Your Account or of any other breach of security. We will not be responsible for any outcome or damages arising or be related to unauthorized entry done by a third party or the disclosure of Your Account Information.
12. Furthermore, by filling the registration forms to the Site and its features you agree to that all the information you supplied by the forms are true, accurate and updated. You should update the mentioned information in Your Account if any change occurred in them by using the appropriate feature in the Site, before making any new purchases.
13. You not allowed to use someone else account at any time. You should not try to make unauthorized access to the Site or assist others in making such attempts, or distributing instructions, software or tools for that purpose.
14. Any breach of these Terms or unexpected operational difficulties, or requests by law enforcement or other government agencies, may resulted among other remedies in termination of Your Account, blocking and/or terminating your use in the Site without prior notice to you. You agree that we will not be liable to you or to any third party for these actions and their results.
15. You are not allowed to use any programmed device, algorithm or system, or any similar or equivalent manual or automatic process, to access, gain, copy, investigate, test, intrude or monitor any part of the Site or of any Content, or in any way duplicate or circumvent the navigational structure or appearance of the Site or of any Content, to acquire or try to acquire any materials, documents or information through any way not intentionally made obtainable by us through the Site.
16. You agree to use the site in a reasonable manner as a single and regular user and not to take any action that might intervene or disable or adversely affect the proper use of other users in the site’s features and its routine functionality or might create malfunction or disturbances in the operation of the Site, its features and other related systems. For these purposes we may limit and control your use in the site and its features and sets rules for time to time with that regard.
17. Although we take various measures to secure Your Account Information and any other information about you in the Site or in its related systems, we do not guarantee that there won’t be any unauthorized access to the information and you assumes all risks relating to this and we make no warranty, express, implied, or otherwise, in that regard. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO THE AFOREMENTIONED INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
18. You grant us a permission to send you promotional content by e-mail, regular post, or by any other mean of communications that your various addresses are linked to including your mobile phone. To stop receiving this promotional content, send an e-mail to us at info@findaff.com.
19. Findaff.com is a relevant affiliate search service where you can find relevant affiliates/ B2B partners based on your keywords and website/ affiliate program (your offer) description. Your purchase is a monthly plan of relevant affiliates/B2B partners search results package as ordered by you through Findaff.com . You may use your plan for 1 search or multiple searches as long as your monthly balance enables it. You can limit your search results for specific search or every searches by using search limit. Your account will be billed on monthly recurring basis and will add the plan search results into your balance. You will be able at any point to unsubscribe and you won't be billed at the following month but the balance will remain for your use.
Upgrade your plan, in case you are using plan A and would like to upgrade for plan B, you will need to unsubscribe from plan A and subscribe to plan B / C and etc. Your balance that was left from using plan A will be added to the balance from the new plan.
20. If you want to purchase any product on the Site, you must meet the following:
(a). be at least eighteen (18) years of age or more according to the applicable age of majority in your country or state,
(b). if you are acting on behalf any kind of corporation you must use an account under that corporation name and you must be authorized to bond the corporation to the purchase made on his behalf by you and to all terms and conditions which are part of the Site. If it will be found out that you were not authorized as mentioned you may bear personal responsibility to whatever concerns the purchase and the use of the Site by you.
(c). you must provide us with all the updated, true and whole information we shall ask for executing the payment to us including all of the following: (i) your name as it is registered at your Credit provider (like credit card provider or Pay-Pal), (ii) your credit number, (iii) the credit type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge you. By submitting that information to us, you hereby agree that you authorize us to charge you through your credit provider at our convenience but within thirty (30) days of credit provider authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
21. The payment for the purchase will be made to us through the Site, and we will publish your search results in your Findaff.com's account dashboard up to 48 hours from running your search. You will get an email to your registered email address that search results are ready.
22. You agree to pay us all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.
23. All payments must be made by one of the approved payment methods set forth in the Site that may vary by from time to time under our sole discretion.
Your service agreement with method of payment service provider (hereinafter – Credit Provider) governs your use of that method. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT BY A THIRD PARTY.
24. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your Credit Provider statement, then you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your Credit Provider or its agent, then you agree to pay all amounts due upon demand by us or our agents.
25. Your account at the Credit Provider will be authorized for the entire order amount immediately upon your placement of the order, and will be charged by your Credit Provider immediately upon our successful subscription to monthly plan confirmation by us. You hereby authorize us to charge your Credit Provider accounts for any amount that you may owe us. In addition, we may also set off any amounts that you owe to us or the seller against any amounts owed to you by us or the seller. WE DO NOT PROVIDE THE SELLER WITH INFORMATION TO BILL YOU THROUGH YOUR CREDIT PROVIDER.
26. You are the sole responsible for paying any governmental taxes, duties, levies or tolls imposed on your purchases and their possible import, including, but not limited to sales, use, custom or value-added taxes. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Israel or the territories under its control and any other areas where we decided to use that practice. You agree to fully indemnify, defend and hold us and the Seller harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
27. You agree that other than to verify that payment for the product was completed, we can ask you by email to replace/ add more keywords or products and category description regarding your relevant affiliates/B2B partners search order. Once you received your search is in progress confirmation you will see the results at your Findaff.com's account dashboard up to 48 hours from confirmation notification.
28. When you place an order in the Site to purchase a certain product/ service you are deemed to make an irrevocable offer to purchase the product according to the terms stated in the Site.
29. Your offer is subject to our confirmation and acceptance.
30. Your receipt of any kind of order confirmation does not indicate our acceptance of your order, nor does it constitute confirmation of our offer to sell.
31. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We also reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
32. Your order will be deemed accepted by us upon the completion of the license and delivery of software or any other digital form.
33. All orders placed with a total order amount over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department.
34. If a product was listed at a wrong price or was described erroneously then:
{a} we will be entitled to refuse, reduce or cancel any orders placed for those products or rebate or refund,
(b) We will be entitled to refuse, reduce or cancel any such orders whether or not the order has been confirmed and whether or not your credit has been charged. If your credit has already been charged for the purchase and your order is canceled, then we shall issue a credit to your credit account in the amount of the charge.
WE MAY, OCCASIONALLY, CHANGE THE PRICES AND BILLING METHODS FOR PRODUCTS, EFFECTIVE IMMEDIATELY.
35. You shall indemnify, defend, and hold harmless us and our affiliates and their directors, officers, and employees from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any use Of the Site by you or any use of any product you purchase through Site or any other issue related to the above. We shall make reasonable efforts to notify you of any such claim made against it. If you fail to assume such defense, then we may defend ourselves in any manner that it deems appropriate, and you agree to bear all our costs, including reasonable attorneys' fees, that we incur in effecting such defense in addition to any sum that we may be required to pay by reason of any settlement or judgment against us. The provisions of this Section, and the indemnity hereunder, shall survive these Terms of Use and any performance hereunder.
36. THE SITE, PRODUCTS, FEATURES, CONTENT, ARTWORK, DATA, AND INFORMATION WHICH ARE PART OF THE SITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY. WE DO NOT GUARANTY THAT THEY SHALL WORK PERFECTLY, OT THAT THEY WILL BE AVAILABLE AT ALL TIMES NOR THAT MALFUNCTION, DISTURBANCE, INTERRUPTION, SHUT DOWNNS WILL NOT OCCUR. WE DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
37. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR FEATURES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT IS SOELY YOURS. IN NO EVENT SHALL WE OR THE SELLERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, CONTENT, ARISING OUT OF THE USE OF THE SITE, ITS FEATURES, THE PRODUCT, THE CONTENT, OR IN CONNECTION WITH THEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO US BY YOU. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF US. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
38. We are not responsible for any information or content uploaded, posted, and transferred through the Site or its features by you. We don’t promise to store it or make it available at all times.
39. We may allow our user to post their reviews, opinions, experience or similar information regarding the Products the Site or other issues that pertain the Site. You are not allowed to post any information whose content is threatening, infected with bad language or defamatory, obscene or offensive or concerns unlawful activity, sexually explicit, invasive other person privacy, impersonate any person or entity, infringes any intellectual rights, harmful, spy enable, or its publication or posting is prohibited by law or which may create grounds for criminal prosecution or civil liability. Furthermore by posting information you are deemed to declare that the information you post is true as far as you know and that you don’t have any commercial or other interest in that post other than your interest as a private consumer.
40. When you post or upload content to the Site, you are to take full responsibility for the information and the content and the consequences arise from those actions including their publication, and you affirm by doing so that you have all the legal rights to upload and post the mentioned material to the Site’s platforms which are shared based and that the information and content conforms with these Terms By uploading or posting content you agree that such content is not proprietary nor confidential. We have the right under our sole discretion not to allow publication of your post or to omit it at any time.
41. We have the power at out discretion to shut down or any of its features.
42. Governing law of the Terms of Use and the purchase transaction between the parties will be the law of Israel, and the exclusive jurisdiction regarding any dispute about the purchase transaction and the use of the Site and their terms will only the courts in Tel Aviv - Jaffa, without derogating our right to seek relief in any other court, including outside Israel or Tel Aviv, in order to achieve injunctions or restraining orders or other order to enforce its rights.
43. These Terms of Use constitute the all agreements and the understandings between us with regard to the use of the application and its services and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
44. No delay or failure by us to take action under these terms shall constitute any waiver by us of any provision of these terms. If any provision of these terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this these terms will continue in full force and effect. These terms will bind and inure to the benefit of our successors and assigns. Any claim under these terms must be brought within one (1) year after the cause of action arises.
45. The transaction between you and us is personal to you and cannot be transferred, assigned or delegated to anyone by you. We can assign our duties and rights upon this transaction without your consent or notice.
