Our Acceptable Use Policy (set out below), which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.
User Information imported and processed using the Company technology is housed in data centers provided by Amazon Web Services (AWS) located in the European Union and is encrypted in transit and at rest.
Revised: November 2020
- Site Platform and Services
- Site General
- The Site comprises a public access area and secure Customer only area.
- The public access area comprises background information and a summary of the operations of the Company. This information is provided solely for general informational purposes.
- Services- General.
- You agree that your use of Services are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by the Company regarding future functionality or features.
- Access to the Services and the Site
- The Site shall be accessed and used by Customers and their authorized representatives as well as any permitted Clients.
- To gain access to the Site and to enable use of the Services, you will be required to log-in and will be allocated a username and set your password using a secure and unique link.
- If it deems it necessary for security reasons, the Company can enforce a password change at any time, but will warn a user in advance should it intend to do so.
- Site General
- Intellectual Property, Rights and License
- Additionally, the Company shall exclusively own all rights, title and interest in and to any and all suggestions, enhancement requests, recommendations or other feedback relating to the Services (the “Feedback”), and you hereby assigns to the Company all of its right, title, and interest in and to the Feedback, including all intellectual property rights therein or relating thereto. At the Company’s reasonable request and expense, you will execute necessary documents and take such further acts as the Company may reasonably request to assist the Company to acquire, perfect and maintain such intellectual property and other rights in the Feedback.
- The contents of the Site may be saved to disk or otherwise stored in a private electronic retrieval system or may be printed provided that: (a) such use is for the user’s own business use only; (b) such contents are deleted from any disk or private electronic retrieval system after 30 days from when such content was saved or stored; and (c) no attempt is made by you or anyone acting on your behalf to replicate, resell, hire or to otherwise commercially benefit from any information contained in the Site; and the copyright notice: © BidGemmer Ltd. 2020 must appear in all reproductions and/or copies.
- Your Responsibilities
- You are responsible for all activity occurring under your accounts, including but not limited to uploading any of your data onto the Services. You shall use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws.
- You are responsible for all activity occurring under your accounts, including but not limited to, uploading any of your data and/or the data of your Clients onto the Services. You shall use the Services in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws.
- Without derogating from the foregoing, profiling or other automated decision making processes that pose significant risk for individual rights and freedoms or that may perpetuate existing stereotypes and social segregation absent appropriate safeguards are strictly prohibited on the Company platform.
- You shall not, when using the Services: send or store material containing software viruses, worms, Trojan horses or other harmful or malicious computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Services or the data contained therein; or attempt to gain unauthorized access to the Services or its related systems or networks.
- You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
- You shall be responsible for obtaining and providing relevant account information and passwords, and you, not, the Company, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Information, and the Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to
- You are not permitted to establish a link to the Site.
- Authorized Users. The Company is not responsible to you for unauthorized access to your data or the unauthorized use of the Services. You are responsible for the use of the Services by any person to whom it has given access, and any person who gains access to its data, even if you did not authorize such use.
- Ancillary Requirement You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone. You shall be responsible for ensuring that the foregoing is compatible with the Services. You shall also be responsible for maintaining the security of the said items, equipment and materials.
- Removal and Portability. You may disconnect data connections by intentional or accidental deletion, changing credentials and failing to update the Company, account closure including failing to pay or otherwise violating these Terms of Service and/or other contracts as required by the Company to grant the right use the Services. You may request from the Company via [email protected] email to download your data and/or delete your data.
- Consent and Personal Data.
- You understand that as a Customer, your personal data and information may be available to more than other users of the Site and you hereby provide your explicitly consent with respect thereto.
- You hereby attest that any personal data or information that does not belong to you but your Client utilizing the Services, shall be used Client’s full and explicit consent, including, without limitation, the availability of such data to other third parties using the Site and the Services .
- Data Verification. You should always verify the information set out in this Site with independent authorities before acting or relying on it as such information is for general information purposes only and its accuracy is not guaranteed by the Company.
- Third Party Web Sites, Products and Services.
- The Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. In addition, the Services may be accessed via third party branded sites. An advertisement of, or link to, a non-Company website does not mean that the Company approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website, nor does it claim any trade association with the proprietors of such third-party sites.
- If you click-through to any third party website, or using the Service though a third party branded site, either directly or indirectly through this Site, you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such third party website. Any arrangement made by you with a third party as a result of you accessing another website via a link from the Site shall be an arrangement between you and the relevant third party and is at your sole risk and responsibility.
- We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
- Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
- The information provided on this Site is for general information purposes only and its accuracy is not guaranteed by the Company. Although the Company endeavors to ensure that the content contained on the Site is correct as at the date of publication, no warranty, express or implied, is given as to the accuracy of the information.
- The material displayed on the Site is for information purposes only and is provided without any guarantees, conditions or warranties as to its accuracy. If you enter into any third-party transaction as a result of any information sourced from this Site, the Company shall not be liable for any use made of that information or any resultant transactions, nor shall the Company be responsible for or involved in that transaction in any way.
- To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby expressly exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage; and (iii) any responsibility or liability for any error or omission in respect of any information on the Site.
- All materials provided by the Company are intended to reflect the Company’s views on the particular topics addressed but the accuracy, reasonableness, reliability or completeness of any data, statistics or other information provided is not warranted by the Company and the provisions of Section 3apply thereto, together with the remaining provisions of this Section 5.4.
- No representation or warranty (express or implied) is given as to the accuracy, reasonableness, reliability or completeness of any information provided in connection with the matters contained or referred to in the Site.
- You shall make clear to all parties with whom you deal (including, in particular, to your partners, consumers and agents) that neither the Company nor any affiliate of the Company is responsible for any information submitted by you on the Site and neither the Company nor any of the Company’s affiliate is acting as agent for or on behalf of you or any member of your group. Neither the Company nor any of the Company’s affiliate shall have any liability to any party with whom you or the Company deals in connection with using the Site and, if requested by the Company you shall ensure that such parties provide a written acknowledgement (in a form acceptable to the Company) to that effect directly to the Company.
- Subject to Section 9, in no event shall the Company be liable for: (a) any indirect or consequential loss (b) any loss of profit, data, revenue, business, opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with the use of the Site save where such liability cannot be excluded by law.
- Certain countries either restrict or prohibit the use of cryptographic products/techniques. For the avoidance of doubt, the Company shall have no responsibility for your use of any cryptology products/techniques available on or in conjunction with this Site in any jurisdiction in which you access the Site. It is your responsibility to ensure compliance with any relevant legislation relating to the use of cryptographic products/techniques. You agree to be compliant with any and all laws relating to cryptology prior to making use of any such technology on the Site, and you shall indemnify the Company against any liability arising as a result of your non-compliant use of the same.
- By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- Restriction, Suspension and Termination
- The Company may give notice to you by means the Company interface, your primary e-mail address as set forth in the SAAS, or by written communication to your address on record. You may give notice to the Company by written communication sent to: HaAgada 5, Ramat Gan, Israel or [email protected].
- Certain Definitions.
- “Customer” means a user who entered into a SAAS with the Company indicating that he/she is a buyer in accordance with the terms therein.
- “SAAS” means the Software as a Service Agreement entered into by a Customer and the Company enabling access to and use of the Site and Services pursuant to the terms therein and herein.
- “Site” means the Company website https://www.bidgemmer.com and/or any subdomains. To the extent that the Services are accessed via Company branded sites or third party branded sites, the provisions of Section 6 shall apply as well.
ACCEPTABLE USE POLICY
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. Any actions or responses on our part as provided in this policy are for illustrative purposes and are not to be considered an exhaustive list. We expressly reserve any and all rights under applicable law.
- Prohibited Uses
You may use the Site only for lawful purposes. Accordingly, you may not:
- Access without authority, interfere with, damage or disrupt:
- any part of the Site.
- any equipment or network on which the Site is stored
- any software used in the provision of the Site
- any equipment or network or software owned or used by any third party.
- Use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To host, display, upload, modify, communicate, publish, transmit, update or share any information or products/goods/items that: (a) belong to another person and to which you do not have any right to; and/or (b) are false, misleading or inaccurate.
- Interactive Services
- We may from time to time provide interactive services on the Site, including, without limitation.
- Chat rooms.
- Bulletin boards.
- User generated content functionality (interactive services).
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Your use of such interactive services is at your own risk.
- The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- Content Standards
- These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in any country from which they are posted.
- Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- We may from time to time provide interactive services on the Site, including, without limitation.
- Suspension and Termination
- We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use the Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (if you are a consumer, that means that you will be responsible for all of our losses and recovery costs).
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.