THE APP FUNCTIONS MERELY AS MEANS FOR COMMUNICATION AND MARKETING. ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THE BUSINESS OR THIRD PARTIES, AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND THE BUSINESS OR SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE APP IS AT YOUR OWN SOLE RESPONSIBILITY.
Welcome to AppsVillage, a mobile platform that allows businesses to communicate and interact with their customers and prospected customers through customized applications for mobile devices. The AppsVillage platform, its related services and the mobile app customized to a particular business’s needs, will collectively be referred to as the “App”. Your access and use of the App is made through a smartphone device (the “Device”).
The App’s technology is owned and operated by AppsVillage Ltd. (“we”, “our”, “us”), while its content and consumer interactions are monitored and managed by the business whose name and contact information you can find at the top of the App screen and in the ‘About’ menu of the App (the “Business”).
Through the App, you may view and post content related to the Business in textual or visual form (or any combination thereof (collectively, the “Content”).
If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. If you are under the age of 13 you may not use the App in any way. We reserve the right to terminate your account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age, at any time.
THE APP FUNCTIONS MERELY AS MEANS FOR COMMUNICATION AND MARKETING. We do not provide any safeguards to ensure that the Business’s use of the App is made in compliance with all laws and regulations that may apply to you, the Business or your interaction.
ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THE BUSINESS OR THIRD PARTIES, AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND THE BUSINESS OR SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE APP IS AT YOUR OWN SOLE RESPONSIBILITY.
Note that use of the App may involve the use of third party platforms, such as Facebook and Twitter. Your use of such third party platforms is governed by their respective terms of service, not these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.
The App may be subject to additional terms and conditions that govern the use of Apple or Android apps. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions.
Subject to these Terms, you may download and install the Apps on a Device, and use the App, exclusively for your private and personal purposes.
The App is only available to Facebook or Twitter users.
You are solely responsible for all acts or omissions associated with your access and use of the App, and the access and use of the App by anyone on your behalf. To prevent unauthorized use, keep your password confidential and do not share it with any third party.
In addition to any remedies that may be available to us under any applicable law, we may at any time, in our sole discretion and without prior notice, temporarily or permanently, deny, limit, suspend or terminate your access to and use of the App, remove Content that you posted on the App, and take technical and legal measures to keep you off the App, if we believe that you misused the App or breached these Terms.
Use of the App and restrictions
Use of the App requires an online (Wi-Fi or cellular data) connection between your Device and the Internet.
Posting Content such as images or videos on the App requires the App’s access to your Device’s camera, microphone and local storage.
While using the App, you agree to refrain from –
Without derogating from any of the above, you may not post, disseminate, transmit or otherwise communicate through the App any Content that:
You may not use the App to send invitations or notifications to anyone who has not expressed their consent to receive such invitations or notifications from you.
Content presented through the App may originate from the Business, from you, from other users or from third parties. You may find that the Content is not compatible with your requirements, objectionable, annoying, improper, or immoral.
We encourage you to treat any Content posted on or through the App with caution and discretion. We do not guarantee and make no representation or judgment as to the Business’s services or products, the Business’s marketing methods, the Business’s or the Content’s legality, appropriateness, authenticity, validity, accuracy, truthfulness, morality, adequacy to your age or needs, uses thereof that third parties may make, or as to any offerings, dealings, transactions or interactions made by or between you and the Business or third parties in connection with the App.
The App merely provides the Business with a customized platform. The inclusion of any Content on or through the App does not constitute our endorsement, sponsorship, recommendation or encouragement to suggest, or agree to perform, any service or provide any product, engage in any interaction, activity, transaction or dealings with any you or any third party, or an authorization or representation of affiliation with the Business or any other third party.
Any and all communications and interactions between you and the Business or third parties, and all consequences resulting from the above, are strictly between you and such parties, and you assume full and exclusive responsibility for them. We are not a party to those communications, interactions, dealings, engagements and transactions.
We do not normally examine, approve or disqualify Content that the Business, you or others have uploaded or posted, but we reserve the right to do so.
We do not claim ownership over the Content that you create, upload to or post to the App. WHEN YOU USE THE APP TO DO THIS, YOU REPRESENT AND WARRANT TO US THAT:
The above License shall expire when you delete the Content from the App, except that where your Content is posted on a third party platform (such as Facebook) prior to its deletion from the App, the above license shall survive your deletion of the Content, and shall continue to be effective, with respect to such posting on third party platform.
We may, at any time, at our sole discretion and without prior notice to you, remove or modify any Content you have created, uploaded, streamed or posted on or through the App, without any liability to you.
The Business may offer vouchers for sale through the App, which are redeemable for a particular product or service that the Business offers, or for a discount on a particular product or service that the Business offers (the “Voucher” and the “Redeemable Product/Service”, respectively). The specifics of the Voucher and the Redeemable Product/Service, including their price, are determined and specified by the Business, and are presented on the App.
You may purchase a Voucher using one or more of our then-current supported payment methods, as presented to you on the App. We may, from time to time, and without specific notice to you, add additional payments methods, or cease to use previously supported payment methods. We also reserve the right to limit the number of Vouchers that you may purchase.
Payments are processed and handled through relevant third party payment processing providers. Payments are therefore subject not only to these Terms, but also the terms and conditions of such third parties, pursuant to your contractual relations with them.
By providing payment information when purchasing Vouchers, you:
We may require additional information from you before completing payment transactions.
The Voucher and the Redeemable Product/Service are transactions between you and the Business, and all consequences resulting from the above, are strictly between you and such parties. The offering of Vouchers and Redeemable Product/Service on the App do not constitute our recommendation of the Business, Vouchers or Redeemable Product/Service, or our encouragement to purchase any Vouchers or Redeemable Product/Service.
Except as provided herein, and to the greatest extent possible under applicable law: (i) we assume no responsibility or liability with respect the Voucher or the Redeemable Product/Service, including without limitation in respect of product liability or consumer protection claims regarding the Voucher or the Redeemable Product/Service; and (ii) you hereby release and agree to hold harmless us and our Staff, from any and all causes of action and claims of any nature in connection with a Voucher or a Redeemable Product/Service.
Any complaints, claims or demands, including refunds, in connection with the Redeemable Product/Service, must be addressed to the Business. You are not entitled to any refund from us in connection with any Redeemable Product/Service.
Refunds for Vouchers not yet redeemed
If you are a consumer who purchased a Voucher for a personal use as an individual, then subject to applicable law, you are entitled to cancel your purchase of the Voucher and obtain a refund, within 14 days of purchasing the voucher, and provided that have not yet redeemed it for the Redeemable Product/Service. To cancel the Voucher and request a refund, contact us by email: email@example.com, providing the details of the Voucher purchased. We will then process your request and refund you, subject to applicable law. We may require additional information from you in order to process your refund request. Subject to applicable law, we may charge you a cancellation and refund fee, which we will deduct from the refunded amount.
To the extent that applicable law provides you extended refund rights beyond those indicate above, such rights shall apply and govern.
The app may contain or rely upon third party software necessary for its execution, including open source software (“Third Party Software”). The license granted to you under these terms does not cover your use of third party software. You acknowledge and agree that any access to and use of such third party software is separately licensed to you pursuant to the terms and conditions of their respective third party software licenses.
Links and Commercial Information in the App
The Business may incorporate ads or information of commercial nature in the App. In addition, Content you view through the App may contain various forms of ads, or commercial or promotional information or content. Such ads and commercial content originate from the Business, and we do not guarantee their reliability or accuracy. The inclusion of such ads and commercial content in or through the App does not constitute our recommendation or encouragement to purchase the goods or services advertised. We assume no responsibility or liability for any goods or services advertised or marketed though the App, as well as with regard to any information provided regarding them, including their availability.
The App may contain links to content published on websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
Except for the Content posted on the App by you, the Business or other third parties, We and our licensors own all rights, title and interest in and to the App, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
Other than as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the App, any part thereof or any of the Content on or of the App (except for your own Content), either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission which may dilute, or tarnish our goodwill.
Any requests to remove Content from the App that purportedly infringes or violates third party rights, such as copyright, privacy or publicity, must be made in accordance with our Content Takedown Policy , which is incorporated to these Terms by reference.
We may, but are not obligated to, maintain the App with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.
You grant us your express consent to remotely send and automatically install on your Device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among other things, may change the App's settings, layout, design or display.
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the App or the Content.
Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the App, or any part or aspects thereof, temporarily or permanently, without any liability to you.
App support, availability and quality
The availability, quality and functionality of the App depends on various factors, including software, hardware, communication networks, and the quality of cellular network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
Also, we may, from time to time and as we shall deem fit in our sole discretion, need to interrupt the App for maintenance and other operational reasons.
WE DO NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. You shall not receive any compensation for such interruptions.
You acknowledge that the App DOES NOT provide any data back-up services, including with respect to any Content or any other data that you or third parties upload, post or use.
We may amend the Terms from time to time. In such case, we will notify you of the amended Terms, through e-mail or through a pop-up when you access the App. If you do not accept the amended Terms, these Terms will be terminated (see “Termination” section below). Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the App.
DISCLAIMER OF WARRANTY
THE APP IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, THE BUSINESS, THE CONTENT AVAILABLE THROUGH THE APP, ANY INTERACTION RELATED TO THE APP OR TO THE BUSINESS, ANY THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY.
WE, INCLUDING OUR STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE APP, CONTENT, THE BUSINESS, ITS MARKETHING STRATEGICS, PRODUCS AND SERVICS, THE USE OF, OR THE INABILITY TO USE THE APP, OR ANY COMMUNICATION OR INTERACTIONS WITH THE APP, OR ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH THE BUSINESS OR OTHERS ON OR THROUGH THE APP, OR YOUR RELIANCE UPON ANY CONTENT POSTED OR AVAILABLE ON THE APP, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP, OR ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, OR ANY FAULT, OR ERROR MADE BY OUR STAFF, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT ON THE APP.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE APP AND SPECIFICALLY THE APP IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the App, any Content, your interaction with the Business or other users, your breach of the Terms, any other terms, rules or regulations applicable to the App, your violation, or infringement of any other person’s rights.
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Google Play or Apple’s App Store. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and sued by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
For avoidance of any doubt, it is hereby clarified that your use of any of the Apps may be subject to terms and conditions that govern your Device. You bear the sole and exclusive responsibility for complying with any terms and conditions that may additionally apply.
You may, at any time terminate these Terms by doing all the following:
We may terminate these Terms and your license to use the App, at any time by issuing you a notice of such termination, terminate and block your access to and use of the App, or in any other manner contemplated by these Terms. Upon termination by us, you must discontinue any and all use of the App and uninstall the App or Apps from all of your Devices.
The following sections shall survive any termination, or expiration of the Terms: Content and dealings, Your privacy, Intellectual property, Requests to remove Content from the App, Limitation of Liability, Indemnification, Consequences of termination, Governing Law & Jurisdiction, General.
Governing Law & Jurisdiction
These Terms govern your legal relationship with us, not with the Business.
Regardless of your place of residence, where you access or use the App from, the place in which the Business provide you with a service or product, or any interaction you have with the Business, these Terms and your use of the App will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
Before submitting any dispute, claim, or controversy arising out of, in connection with or relating to these Terms, to adjudication in court, you and us will dedicate at least two weeks to attempt to amicably resolve such matter in an informal dispute resolution process. However, nothing herein shall, in any way, affect either party’s right to seek interim or emergency relief in the court of competent jurisdiction, or our right to lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us – all, without referring the matter to amicable resolution pursuant to the foregoing.
The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law-1969, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
Last updated: January 21, 2016.