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Terms & Conditions

Website Terms & Conditions

 

Welcome to the Apeiro Motion Ltd.'s website and thank you for visiting. These Terms and Conditions (hereinafter: the “T&C”) are a legal contract between Apeiro Motion Ltd. and the User (as defined herein).

A. General

  1. The Apeiro Motion Ltd.'s website and all of its web-pages (all together, hereinafter: the “Website”) owned by Apeiro Motion Ltd., its subsidiaries (if any) or affiliated companies (hereinafter: the “Company”), is the Company’s website for contact information and promotional materials. 

  2. The purpose of these T&C is to define the relationship between the Company and the Users (hereinafter: “User” or “Users” or “You”) with respect to the Website. Any use of the Website is subject to the conditions set forth in these T&C. Users are held to have consented and confirmed the conditions of these T&C as a precondition for using the Website.

  3. Please read these T&C carefully prior to taking any action on the Website, as it constitutes a binding agreement between You and the Website. It is clarified that by using the Website You are acknowledging that You have read and understood these T&C and that You consent to the conditions set forth herein without reservation.

  4. By visiting this Website, You represent that You are over the age of 18, as the Website is not intended for children under 18.

  5. The Company reserves its right to update, change or replace these T&C from time to time, and the current version of the T&C on the Company’s Website is the version that is binding upon the Company and the User. In any event of discrepancy or contradiction between the provisions of the T&C and other publications on behalf of the Company, including on the Website, the provisions of the T&C shall take precedent. Your continued use of or access to the Website following the posting of any changes to these T&C shall indicate acceptance of such changes. 

  6. The Company will use reasonable efforts to include up-to-date and accurate information in this Website or on any related website (the “Content”). However, the Company cannot and does not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. The Website and its content are delivered on an “as-is” and “as-available” basis. Occasionally there may be Content provided via the Website that contains typographical errors, inaccuracies or omissions that may relate to the Company's product descriptions, etc. The Company reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. The Company do not undertake any obligation to update, change or clarify Content, except as required by applicable law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that the Content has been modified or updated.

  7. The Company disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The Company disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against the Company for dissatisfaction with the Website or any content is to stop using the Website or any such content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

  8. The Company has the right to terminate any User’s access to the Website, in its sole discretion, immediately and with or without cause.

  9. The Company may collect and use data related to the User’s access and use of the Website. Procedures according to which the Website collects and uses such data are specified in the Company’s Privacy Policy. By using the Website, you consent to the processing described in the Company’s Privacy Policy and warrant that all data provided by you is accurate.

  1. Limitations on Use 

  1. There are certain conducts which are strictly prohibited when using the Website. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company's sole discretion) in the termination of your use of the Website and/or Content and may also expose you to civil and/or criminal liability.

  2. Unless otherwise explicitly permitted under these T&C or in writing by the Company, you may not (and you may not permit anyone to): (a) use the Website and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Website and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Website any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate users' rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Website and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Website or the servers or networks that host the Website, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Website; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by the Company; (h) bypass any measures the Company may use to prevent or restrict access to the Website; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company on or through the Website, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company's proprietary rights, including Company Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other website or networked computer environment for any purpose without the Company’s prior written consent; (l) create a browser or border environment around the Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Website and/or the Content; (n) frame or mirror any part of the Website without the Company's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Website; (p) transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Website for any purpose for which the Website are not intended; and/or (s) infringe and/or violate any of the T&C.

  3. You represent and warrant to Company that You and your use of the Website will comply with all applicable laws, regulations, rules and standards. 

 

  1. Linking to the Website and Third-Party Content

  1. You may link to our Website's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

  2. Certain content, products and services available via our Website may include materials from third parties.

  3. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

  4. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  1. Intellectual property

  1. All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or attached/connected/related to the Website, including without limitation any content and information published on the Website, in the methods of sale, the databases, the Website’s applications and graphic design and any other detail related to its operation, any underlying software, platforms, technology, any information, services, texts, files, sound, music, videos, various applications, social graphs, organization, structure, specifications, application "look and feel", features and related content that may be created in connection with the use of or registration to the Website, any modifications, enhancements, derivatives thereof and all Intellectual Property Rights related thereto are the property of the Company and/or its respective affiliates and/or, advertisers and other licensors which retain all right, title and interest in connection therewith.

"Intellectual Property Rights" means worldwide (a) rights associated with works of authorship, designs and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress and goodwill rights whether or not registered; (c) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (d) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

  1. Other than as set forth herein no transfer or grant of any rights is made or is to be implied by any provision of these T&C or by any other provision contained in the Website with respect to the Company's Intellectual Property Rights or otherwise.

  1. Trademarks and Trade names

 

  1. The Company's marks and logos and all other proprietary identifiers used by the Company in connection with the Website (the “Company's Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Website belong to their respective owners (“Third Party Marks”). No right, license, or interest to Company's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

  1. General Limitation of Liability

THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS, AND THE COMPANY  AND ITS VENDORS, INCLUDING THE COMPANY 'S AND SUCH VENDORS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THESE TERMS, WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE WEBSITE, WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE WEBSITE, AND/OR (III) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR CONTENT (INCLUDING THAT THE RESULTS OF USING THEM WILL MEET YOUR REQUIREMENTS).  THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THEIR AVAILABILITY, RELIABILITY OR QUALITY, AND IT IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THEM. 

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. 

YOU AGREE THAT USE OF THE WEBSITE, THE SERVICES AND/OR THE CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

  1. Indemnity

  1. The User undertakes to indemnify, defend and hold harmless the Company and any person on its behalf, including their employees, officers, shareholders directors, consultants, agents, affiliates and any other person on their behalf, for any claim, liability, demand, damage, loss, lost profits, payment or expense caused to them – including, but not limited to, attorney’s fees and legal expenses – due to breach of the terms of use of the Website as set forth in these T&C and/or violation of any law in connection with the use of the Website and/or claim and/or demand of any third party in connection with or as result of linking to the Website and/or to other websites and with respect to any other violation of the provisions of the T&C.

  2. To the maximum extent permitted under applicable law, in no case shall the Company's directors, officers, employees, affiliates, agents, contractors,  suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, bodily harm, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website and/or any Content posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. Miscellaneous

  1. If you breach these T&C and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  2. If any part of the T&C is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the T&C will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

  3. These T&C constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and the Company. Any waiver of any provision of the T&C will be effective only if in writing and signed by an authorized signatory of the Company. Any ambiguities in the interpretation of these T&C shall not be construed against the drafting party.

  4. The law that applies to activity on the Website and these T&C is the law of the State of Israel, without regard to its conflicts of laws provisions. Any claim under these T&C must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

  5. Exclusive jurisdiction to hear any dispute regarding the Website and/or these T&C and/or use of the Website and anything deriving thereunder is conferred to the competent court in Tel Aviv, Israel.

  6. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use. 

  7. For any question and/or problem relating to the Website, please contact the Company  by email: info@apeiro-motion.com .

 

Last Updated: January 2023

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