תקנון ומדיניות פרטיות - TERMS

CashCow offers a unique E commerce platform (the "Software"), which allows Users to create an online & social store and embed it into their Facebook fan page, websites and mobile devices. "Facebook" is a registered trademark of Facebook, Inc., and all use of Facebook is subject to all applicable terms and conditions, statement .CashCow Ltd. is a limited liability, private company, under incorporation process under the laws of the State of Israel ("CashCow").

The products and services offered using CashCow's platform are not endorsed by CashCow, and CashCow is not affiliated and shall not be liable in any way to the acts or omissions of any third parties, including in connection with such products and services.

These Terms of Use constitute the entire agreement between you and CashCow and by using the Software and/or accessing the websitehttp://www.cashcowstore.com ("Website") and/or using any of CashCow services', you herby accept and agree to be bound under these Terms of Use. For the avoidance of doubt, if you do not agree with any of the terms set in this Terms of Use, you should exit the Website and not use the Software.

By accepting this Terms of Use you will be granted a limited license for the use of the Software offered by or on the Website, as provided herein.

"User" means the person accessing the Website, creating an Account for use of the Software, or otherwise using the Services or any part thereof. The User and the company, entity or organization it represents or in which behalf's the Account has been opened, shall be deemed, severally and collectively, a party to these Terms of Use.

"Account" means a profile, containing, inter alia, the User Information, credit card identifier (4 last digits only) and the advertising package chosen. The User may use his Facebook profile information in order to open an Account. Unless otherwise agreed in writing, you may not open or hold multiple Accounts or enjoy the Trial Period terms more than once. You may not create an Account using a false identity or information, or on behalf of someone other than yourself except if properly authorized to do so. You shall not use the Services if you have previously been denied the same by the Company.

How to open your own social online store with the software?

  1. You may register to the Website (1) with your Facebook account or (2) create account user name and password ("Registration"). Registration is free.
  2. During your Registration process you will need to choose your most relevant annual advertising program.
  3. After the completion of the Registration process you will receive a 14-day free trial   ("The Trial period"). After the conclusion of the Trial period, you will be required to provide credit card details. It is clarified that except for The Trial period, you must pay the appropriate Fees as set in the advertising package page on the Website. CashCow reserves the right to modify the advertising package prices and content without prior notice and at its sole discretion, without limitation. Packages are usually applicable for 1 year period and may be updated from time to time.
  4. Upon completion of the Registration you can start creating your own online social store by following the instructions on the Website ("The Store").
  5. License: Subject to your agreement and continuing compliance with these Terms of Use and any other relevant policies, CashCow grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Software ("License").
  6. Compliance: By using the Software you represent that you have read and understood the terms set herein and agree to them and undertake to fully comply therewith. Any and all activity on, with and/or via the Website or Software shall be governed by these Terms of Use. These Terms exclusively constitute the only valid and binding agreement between User and CashCow, and likewise contain any and all such warranties, agreements and undertakings made by either party to the other. You undertake to use the Software in accordance with these terms, for their intended purpose only, within the scope of the License, and in accordance with law.
  7. License Limitations: Any use of the Software in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
  8. Unlawful usage: You are prohibited from making any unlawful usage of this application, and are informed and aware to the fact that in addition to these Terms of Use and any and all policies for usage of this application, you may and are expected to be subjected to laws and regulations applicable in your or any relevant jurisdiction. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these terms, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from the Software. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of any perpetrator.
  9. Control of Information: CashCow allows you to create and use the Software through your Account. You explicitly acknowledge that you are the owner of all information and content sent through the Software and to the extent applicable, you must comply with any and all legislation, including with regards to privacy laws and laws regarding spam and/or the operation of databases containing personal or other information. Without derogating of the foregoing, it is hereby clarified that the Software is an E-commerce platform which allows the User to promote and sell products and/or services through Facebook and/or other social platforms.
  10. Intellectual Property: Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Software and Website, and you further acknowledge and agree that all rights in and to the Software are and shall forever be owned by and inure to the benefit of CashCow. CashCow shall be entitled to use products, content, descriptions, prices, pictures, graphics and inventory and other statistics and reproduce them in case studies and promotional materials.
  11. Trademarks: Trademarks, trade names, service marks and logos used or displayed on this Software and Website are registered and unregistered trademarks, trade names and service marks of their respective owners and/or CashCow. Nothing contained on the Software grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Software and/or Website without the written permission of the rights owner.

Until further notice, anyone may post the CashCow designated logo in order to recommend CashCow online, subject to compliance with these guidelines. No other use of any CashCow logo's or trademarks is allowed.

  1. Ownership: All rights, title and interest in and to the Software (including without limitation any products, titles, software code, information, client lists, themes, objects, characters, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, profile structure and server software and databases) are owned by CashCow. CashCow reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Software and Website.
  2. No Warranties express or implied: THE SERVICES, LICENSE, SOFTWARE WITHOUT EXCEPTION, ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". YOU USE THE SOFTWARE AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPOLIED WARRANTIES OF ANY KIND WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE CLIENT APPLICATION SHALL BE ALWAYS SYNCHRONYSED WITH THE RELEVANT ACCOUNT; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SOFTWARE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE EVENT OF ANY PROBLEM WITH THE SOFTWARE OR THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE (BY INCLUDING BY NON-RENEWAL) USING THIS SOFTWARE AND/OR SERVICES.
  3. Privacy Policy: We strive to maintain the reliability, accuracy, completeness and currency of personal information. CashCow will maintain the privacy of your data, without derogating of its right to (a) collect and use statistical usage data and analytics; and (b) share Contact Information and other information regarding the Software and/or the Website. Information is collected in order to administer and operate the Services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the Services we provide. We may (but are not obligated) to disclose any and all information regarding the User and/or the usage of the Software at our sole discretion. Otherwise, the Company’s privacy policy hereby does not guarantee that personal information will not be sold, rented or traded with third parties. Any data use and collection shall be done in accordance with Facebook appropriate policies.

When you use our Software, we may automatically receive and record information received from your computer and browser, including your IP address, cookie information, software and hardware attributes.

All Users must take into consideration that all of their activities related to the Software or the Account are exposed and that CashCow may have access to them.

We may implement reasonable security measures to maintain the safety of information when you enter, submit, or access personal information, to the extent applicable.

  1. Limitation of Liability: IN NO EVENT WILL CASHCOW OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS APPLICATION, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO THE COMPANY IN ACCORDANCE WITH THESE TERMS OF USE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO CASHCOW DURING THE TRIAL PERIOD AND ANY OTHER TIME PERIOD, YOUR SOLE REMEDY (AND CASHCOW’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH CASHCOW IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
  2. Indemnification: User undertakes to indemnify, defend and hold CashCow, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the Services, information or the Website provided or contained herein, including in particular (but not limited to) any breach of these Terms of Use and/or violation of any law whatsoever (including  any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions;
  3. Maintenance; Suspension: The Services may be, at any time and at CashCow's sole discretion, be off-line for maintenance or for any other reason, and Services or access may be denied, temporarily and/or continually and/or indefinitely, at CashCow's sole discretion and without consequence. CashCow may suspend the Services, Website, Stores and Licenses, entirely or in part, at its sole discretion, temporarily or indefinitely.  We generally aspire to provide reasonable prior notice by email.
  4. Amendment; Termination: You or we may suspend or terminate your Account or your use of the Software in general at any time, for any reason or for no reason, by giving notice
    by email: info@cashcowstore.com. In order to suspend your account You will need to confirm the same upon receiving an email from the System.We may inform you via e-mail regarding any changes to terms or termination of specific or multiple accounts, and you hereby give your consent to receive such updates from us, but we are under no obligation to do so, and may terminate or suspend any account for breach or misconduct without prior notice. If you terminate your Account, you will need to pay only the Fees for the remaining period of subscription. Handling the deletion of your Account manually, is not usually supported, and may take up to 14 Business Days.
  5. Remedies: You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services and agree to limit your claims to claims for actual monetary damages, limited, in the aggregate, by the actual net payments received by CashCow under the respective license in the last 12 months (if any), and a sole, exclusive and exhaustive remedy.
  6. Force Majeure: CashCow shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CashCow, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the CashCow’s control such as acts of God, communication malfunctions and difficulties, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
  7. Notices: We may notify you via postings on the Website, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Use shall be in writing and addressed to: Tabib St. 13, Rishon Le-Zion, Israel 7532013. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
  8. Entire Agreement: These Terms of Use, contain and supersede all prior promises, representations and understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
  9. No Waiver: The failure of CashCow to require or enforce strict performance by you of any provision of these Terms of Use or failure to exercise any right under them shall not be construed as a waiver or relinquishment of CashCow’s right to assert or rely upon any such provision or right in that or any other instance.
  10. Assignment: CashCow may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Terms of Use without CashCow’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
  11. Applicable Law; Jurisdiction: Without derogating from the aforementioned, this agreement and any dispute pertaining thereto shall, shall be governed and construed solely in accordance with the laws of the State of Israel, and brought exclusively before the competent courts of Tel Aviv, in the State of Israel.
  12. Severability: Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.

 

  PRIVACY POLICY - מדיניות פרטיות

 

We strive to maintain the reliability, accuracy, completeness and currency of personal information.

CashCow will maintain the privacy of your data, without derogating of its right to (a) collect and use statistical usage data and analytics; and (b) share Contact Information and other information regarding the Software and/or the Website. Information is collected in order to administer and operate the Services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the Services we provide.

We may (but are not obligated) to disclose any and all information regarding the User and/or the usage of the Software at our sole discretion. CashCow will not transfer or show your details to another side.

Any data use and collection shall be done in accordance with Facebook appropriate policies.

When you use our Software, we may automatically receive and record information received from your computer and browser, including your IP address, cookie information, software and hardware attributes.

All Users must take into consideration that all of their activities related to the Software or the Account are exposed and that CashCow may have access to them.

We may implement reasonable security measures to maintain the safety of information when you enter, submit, or access personal information, to the extent applicable.


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