The Agreement shall enter into force from the moment of the User's consent to its terms in the manner provided for in Clause 2.3 hereof.
1.1 Autoboom.co.il system (hereinafter referred to as the “System”) means a wide range of services located in the information and telecommunication network of Internet (hereinafter referred to as the “Internet”) at: autoboom.co.il.
1.2. User means a person who has accepted the terms of this Agreement, registered in the System in accordance with the established procedure and is using the System. The User confirms that he/she is a legally capable person. User hereby declares and warrants that there are no legal or other obstacles to his/her operations with the objects.
1.3. Electronic message means a) Information transmitted or received by the User from the Organization via the Internet (electronic messages received by e-mail from the Organization, messages sent to the User through the System, etc.); b) Information transmitted or received by the Organization from the User via the Internet (electronic messages received by e-mail from User, comments, documents, letters sent from the User of the Organization, etc. (hereinafter referred to as the “Received Information”)).
1.4. Services mean the whole range of services that the Organization provides to the User through the System, mobile application of the System that allows users to exchange electronic messages, post and store all kinds of information and materials (User content), content personalization, etc., use all services of the System available to the User. All currently existing services of the System (Services), as well as any development of them and/or the addition of new ones, are the subject of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.2 This Agreement defines the obligations of the Parties, including general rules of using the System and services of the Organization.
2.3 By starting to use the System (its separate functions) or Services, or by completing the registration procedure, the User shall be deemed to have accepted the terms hereof in full, without any reservations or exceptions. In case the User disagrees with any of the provisions hereof, the User shall not be entitled to use the System/Services of the Organization. If the Organization has made any amendments to the Agreement in the manner provided for in Clause 2.4 hereof, with which the User does not agree, he/she is obliged to stop using the System/Services of the Organization.
2.4 The Agreement may be amended by the Organization without any special notice, and the new revision of the Agreement shall enter into force from the moment of its publication on the Internet at the address specified in this clause, unless otherwise stipulated in the new revision of the Agreement. The current version of the AU is always available on the Internet at: http://autoboom.co.il/en/corp/agreement/.
3.1 To start working in the System, the User shall pass the registration procedure by creating a unique symbolic name of the User Account (Login) and a password. After the registration procedure is completed, the User becomes the owner of a unique account. The Organization has the right to prohibit the use of certain logins, as well as to set requirements for the login and password (length, allowable characters, etc.).
3.2 The User shall provide reliable and comprehensive information on himself/herself based on the questions included into the registration form to register in the System and timely update the information. If the User delivers misinformation or the Organization has a reason to believe that the information the User disclosed is incomplete or unreliable, the Organization shall be entitled to either block or delete the User Account at the Organization's own discretion and also deny the right to use the System to the User, either in full or partially.
3.3. If necessary, to confirm the registration the User shall provide his/her mobile phone number, to which the Organization shall send a short text message (SMS) containing a verification code that the User needs to specify to complete the registration procedure. The specified mobile phone number and/or e-mail address of the User is also used by the Organization to recover the User's password in case the User loses it.
3.4. The Organization reserves the right to request from the User confirmation of the data specified during registration at any time, and to request the related supporting documents (in particular, identity documents), non-provision of which, at the discretion of the Organization, may be equal to the provision of false information and entail the consequences described in Clause 3.2 of the Agreement. If the User's data in the documents the User provided deviate from those indicated at registration and when the data supplied at registration does not allow for the user identification, the Organization shall be free to deny the User's access to the User Account and using the System.
3.6. The User is solely responsible for the security (resistance to guessing) of the password he/she has chosen, and also solely ensures the confidentiality of his/her password. The User is solely responsible for all actions (as well as their consequences) within or through using the System in the User Account, including the cases when the User voluntary transfers the data to access the User Account to third parties on any terms (including under contracts or agreements). That said, all actions within or through using the System in the User Account are considered to be performed by the User, except cases when the User, as provided for in Clause 3.7, notified the Organization about unauthorized access to the services of the Organization via the User Account and/or any violation (suspicion of violation) of his/her password confidentiality.
3.7. The User shall immediately notify the Organization about any unauthorized (not authorized by the User) access to the System via the User Account and/or any violation (suspicion of violation) of his/her password confidentiality. For security reasons, the User shall exercise safe termination of work in his/her account (“Exit” button) at the end of each session with the System. The Organization bears no responsibility for any possible loss or damage of data, as well as other consequences of any nature, which may occur due to violation of the provisions of this part of the Agreement by the User.
3.8. User's Operation with User Account. The User shall have no right to reproduce, repeat and copy, sell and resell, or use for any commercial purposes any parts of the System (including the content available on to the User through any services of the System), or access to them, except when the User has received such permission from the Organization, or when it is expressly provided by the User Agreement of any service of the System.
3.9. Registration Termination. The Organization shall have the right to block or delete the User Account, as well as to prohibit access using any account to certain services of the Organization, and to delete any content without explaining the reasons, including in case the User violates the terms of the Agreement or the terms of other documents provided for in Clause 2.1 hereof, as well as in case of non-use of the relevant service of the System, in particular:
3.9.1. Non-use by the User of the System (Services) service of the Organization for more than 12 months.
3.10. Deletion of the User Account.
3.10.1 The User shall have the right to apply to the Organization with a request to delete his/her Account on all services in the System or to terminate its action in respect of some of them at any time.
3.10.2. The deletion of the Account by the Organization is carried out within one (1) calendar month from the date the Organization receives the corresponding application from the User.
3.10.3. The User Account is deleted permanently. All content posted using it will be deleted and the login will be available for other users' application. From that moment restoration of the User Account, any information related to it, as well as access to the services of the System using this Account become impossible.
3.10.4. The procedure specified in Clauses 3.10.1—3.10.3 of the Agreement (except the availability of the login for other users) also applies to the prohibition of access via any User Account to specific services.
4.1. The Organization shall be entitled to:
4.1.1. Set restrictions in the use of services for all Users, or for certain User categories (depending on the place of the User's stay, the language, in which the service is provided, etc.), including: Availability/absence of separate functions of the service, maximum number of messages that can be sent or received by one registered user, maximum message or disk space size, maximum number of calls to the service within a specified period of time, maximum content storage period, special parameters of uploaded content, etc. The Organization may prohibit automatic access to its services, as well as stop receiving any information generated automatically (for example, mail spam);
4.1.2. Refuse to provide services, close the User Account in case the User fails to pay for the Services;
4.1.3. Place links to other sites and resources in the System or in electronic messages;
4.1.4. Send information messages to its Users, including short text messages via mobile radiotelephone networks;
4.1.5. Demand payment from the Users for the Services provision;
4.1.6. Freely use any ideas, concepts, know-how, etc. contained in any of the User's electronic messages to the Organization for any purpose, including, but not limited to development of the System, industrial production, distribution of products on the market, without prior notice to the User, provision of compensation to the User, as well as without any other obligations towards the User for the information received.
4.2. The User shall be entitled to:
4.2.1. Refer to the System unless the link represents the Organization or its products and services in a false, misleading, derogatory or other offensive manner. The User shall have no right to use logos, trademarks or other graphic images belonging to the Organization in the reference.
4.3. The User shall not be entitled to:
4.3.1. Transfer the right to use paid services to third parties.
4.3.2. Use means of information extraction, robots, or other means for collecting and extracting data from the System.
4.3.3. Use trademarks, logos or other graphic images belonging to the Organization without the prior written consent of the Organization. The Organization shall have the right to refuse the use of trademarks, logos or other graphic images belonging to the Organization without giving any reasons.
4.3.4. Disseminate information contained in electronic messages of the Organization related to actions, plans, buyers, methods of doing business, finance, other commercial information to third parties during the validity term of this Agreement, as well as within 5 years from the date of termination hereof.
4.3.5. Disassemble, decompile, dismount the System into composing codes, or otherwise modify or attempt to access the software, associated code, or any part of the System;
4.3.6. Upload, send, transmit or in any other way post and/or distribute content that is illegal, harmful, defamatory, offensive to morals, demonstrates (or constitutes propaganda of) violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination against people on racial, ethnic, sexual, religious, social characteristics, insults any person or organization, contains elements (or constitutes propaganda) of pornography, child eroticism, constitutes advertising (or propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other application of narcotic substances or their analogs, explosives or other weapons;
4.3.7. Violate third-party rights, including those of minors, and/or cause harm to them in any form;
4.3.8. Impersonate another person or representative of the organization and/or community without sufficient rights, including the employees of the Organization, forum moderators, website owners, as well as use any other forms and methods of illegal representation of others on the network, as well as to mislead users or the Organization regarding the features and characteristics of any subjects or objects;
4.3.9. Upload, send, transmit or in any other way post and/or distribute content having no rights to such actions under the law or any contractual relationship;
4.3.10. Upload, send, transmit or in any other way post and/or distribute advertising information, spam (including search), lists of third-party e-mail addresses, pyramid schemes, multilevel (network) marketing (MLM), Internet earning and e-mail-business systems, chain e-mails, and use the services of the Organization to participate in the said activities, or use the services of the Organization solely to redirect users to pages of other domains;
4.3.10. Upload, send, transmit or otherwise post and/or distribute any material containing viruses or other computer codes, files or programs designed to disrupt, destroy or restrict the functionality of any computer or telecommunications hardware or software, to perform unauthorized access, as well as serial numbers of commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information;
4.3.11. Unauthorised collection and storage of personal data of other persons;
4.3.12. Disrupt the normal operation of the websites and services of the Organization;
4.3.13. Place links to network resources, the content of which is banned according to the current international laws;
4.3.14. Enable actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
4.3.15. Otherwise violate the legislative norms, including those of international law.
4.4 The User is obliged to:
4.4.1. In case of registration in the System on behalf of a legal entity, provide the Organization with a copy of the certificate of state registration of a legal entity certified by the executive body of the User.
5.1. Payment for the services shall be made within the limits of tariffs published on the website.
5.2. Any taxes, fees and other mandatory payments related to the sale and/or use of the Services shall be credited to the User's account and shall be included in the total invoice for the Services provided by the Organization to the User through the System.
5.3. The User shall pay for the Services actually rendered in the amount based on the quantitative characteristics of the Services rendered.
The quantitative characteristics of the Services rendered shall be determined on the basis of statistical data of the Organization, access to which the Organization provides to the User. That said, the Parties confirm that for the purposes of the Agreement, the statistical data of the Organization is sufficient to confirm the fact, quality and volume of the Services provision. Such data shall be provided no more than once during the reporting period on the basis of duly notifying the Organization of the provision of data (hereinafter referred to as the “Request”) within 5 working days after receipt of the Request by the Organization, but not earlier than the 5th day of the month following the reporting period.
6.1. The User is solely responsible for compliance of the content posted by the User with the requirements of the current legislation, including liability for losses caused to the Organization as a result of bringing the latter to the liability for the distribution of content posted by the User in violation of the requirements of the current legislation, as well as liability towards third parties in cases when the User's posting of a particular content or or such content's nature violates the rights and legitimate interests of third parties, including personal non-property rights of the authors, other intellectual rights of third parties, and/or encroaches on their intangible benefits.
6.2. The User acknowledges and agrees that the Organization is not obliged to view the content of any kind posted and/or distributed by the User through the System, as well as that the Organization has the right (but not an obligation) at its sole discretion to refuse the User to place and/or distribute content or to delete any content that is available through the System. The User understands and agrees that he/she must independently assess all risks associated with the use of the content, including assessment of the reliability, completeness or usefulness of such content.
6.3. The User understands and agrees that the technology of the services opeartion may require copying (reproduction) of the User's content, as well as its processing by the Organization for compliance with the technical requirements of a particular service.
6.4. The User is solely responsible for the accuracy and reliability of the Content placed by him/her. The User is responsible for any claims or requirements related to the accuracy and validity of the information provided by the User through the System.
6.5. From the moment the User logs in to the User Account, he/she is responsible for the security of the entered data, as well as the Login and password.
6.6. The User is responsible for maintaining the confidentiality of his/her account, including login and password, as well as for restricting access to the personal computer. The user is responsible for any actions that occur with a personal User Account under a personal password.
6.7. The User is solely responsible to third parties for their actions related to the use of the System, including if such actions lead to violation of rights and legitimate interests of third parties, as well as for compliance with the legislation when using the System.
6.8. The User is responsible for maintaining the confidentiality of the User Account, including User login and password, as well as for restricting access to the User's computer.
6.9. The user is responsible for any actions that occur with a User Account under the User's password.
6.10. The User is responsible for providing access to the System to third parties, including Internet providers.
7.1. All objects available through the services of the Organization, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter referred to as the “services content”), as well as any content posted on the services of the Organization, are subject to the exclusive rights of the Organization, Users and other rightholders.
The User's use of the elements of the services content, as well as any content for personal non-commercial use, is allowed provided that all copyright marks to the rights, trademarks, other notices of authorship, preservation of the name (or pseudonym) of the author/name of the right holder remain unchanged, and so is the relevant object. The exception is the cases expressly provided for by the legislation of the Israel or User Agreements of a particular service of the Organization.
7.3. The services of the Organization may contain links to other websites on the Internet (third-party websites). The said third parties and their content are not verified by the Organization for compliance with certain requirements (reliability, completeness, legality, etc.). The Organization is not responsible for any information, materials posted on the websites of third parties which the User accesses using the services, including any opinions or statements expressed on third-party websites, advertising, etc., as well as for the availability of such websites or content and the consequences of their use by the User.
7.4. The link (in any form) to any website, product, service, any commercial or non-commercial information posted on the Website does not constitute an endorsement or recommendation of these products (services, activities) by the Organization, except where expressly indicated on the resources of the Organization.
8.1. The Organization shall be responsible for the advertising placed on the services of the Organization, within the limits established by the legislation of the Israel.
9.1. The User uses the services of the Organization “as is” at his/her own risk. The Organization does not assume any responsibility, including for the compliance of the services with the User's purposes.
9.2. The Organization does not guarantee that: The services comply/will comply with the requirements of the User; the services will be provided continuously, quickly, reliably and error-free; the results that can be obtained using services are accurate and reliable and can be used for any purpose or in any capacity (for example, to establish and/or confirm any facts); the quality of a product, service, information, etc. obtained using the services will meet the User's expectations.
9.3. Any information and/or materials (including downloadable software, letters, any instructions and guidelines, etc.) accessed by the User using the services of the Organization, can be used by the User at his/her own risk, and the User is solely responsible for the possible consequences of using the said information and/or materials, including damages, which this may cause to the User's computer or third parties, for the loss of data or any other damage.
9.4. The Organization shall not be liable for any types of losses, including loss of profit, which occurred as a result of the User's use of the services of the Organization or separate parts/functions of the services.
9.5. The Organization does not guarantee the accuracy and truthfulness of any information provided by persons placing the Content in the services of the Organization, and the User agrees to protect and release the Organization from any liability regarding such claims or requests.
9.6. The Organization shall not be liable for partial or total non-performance or breach of the terms of this Agreement if such non-performance or breach resulted from force majeure events. Force majeure events include: Earthquake, flood, fire, epidemic, any other natural disaster, acts and other actions of public authorities, war and military operations, unauthorized hacking of electronic information and software, as well as a partial or complete failure of technical equipment, communication networks and/or power supply of the Organization's facilities, etc., which were not caused by the fault of the Organization.
9.7. The Organization, its founders ans employees under no circumstances shall be liable to the User for losses, forced interruptions in business activity, loss of business or other data or information, for claims or expenses, real, indirect, consequential, punitive or incidental expenses, as well as for loss of profits and benefits arising from the use and/or related to the use of the System, as well as losses resulting from possible errors and typos in the System, even if the Organization became aware of the possibility of such losses, damages, claims or expenses, as well as for any third party claims; the above limitations and exceptions apply to the extent permitted by applicable international law.
9.8. In any circumstances, the Organization's liability is limited to one thousand (1,000) USD and is charged to it if the Organization has been proven guilty of its actions.
10.1. In case the User violates his/her obligations to the Organization provided for in this Agreement, as well as the legal requirements, the User undertakes immediately, in full and at its own expense to eliminate these violations, as well as to compensate the Organization for expenses, financial losses, damage to reputation and other losses arising as a result of violations committed by the User;
10.2. The amount of expenses, financial losses, damage to reputation and other losses of the Organization subject to compensation by the User is determined by the Organization based on the objective data confirmed by relevant documents (including, but not limited to: fine imposture orders, payment orders, reports of an independent expert or appraiser, judicial acts, etc.);
10.3. The User undertakes to fully indemnify the Organization for expenses, financial losses, damage to reputation and other losses within 30 days from the date of receipt of the relevant a written claim for compensation, accompanied by documents confirming the fact and amount of the losses incurred by the Organization. In case the User fails to fulfill the specified obligation within the specified period, the amount of compensation specified in the written request shall be subject to a penalty of 0.1% per day in relation to the amount unpaid by the User;
10.4. The User's payment of the compensation specified in Clause 10.3 of this Agreement in favor of the Organization does not relieve the User from the obligation to immediately, completely and at his/her own expense to eliminate the admitted violations and other circumstances entailing the Organization's expenses, financial losses, damage to reputation and other losses.
11.1. This Agreement is a contract between the User and the Organization regarding the procedure for the use of services and supersedes all previous agreements between the User and the Organization.
11.2. This Agreement shall be governed and interpreted according to the international law. All issues not regulated by this Agreement shall be settled in accordance with the international law. All possible disputes arising from the relations governed by this Agreement shall be settled in the claim procedure established by the applicable rules of the international law. Throughout the text of this Agreement, unless explicitly stated otherwise, the terms “legislation” and “law” mean both international legislation/laws and the legislation/laws of the place of the User's residence.
11.3. For the Services provided hereunder free of charge, the rules on consumer protection provided by the legislation may not be applicable to the relationship between the User and the Organization.
11.4. Nothing in the Agreement can be understood as the establishment between the User and the Organization of agency relations, partnership relations, relations of joint activities, relations of personal employment, or any other relations not expressly provided for herein.
11.5. If, for any reason, one or more of the provisions of this Agreement become invalid or unenforceable, it shall not affect the validity or applicability of other provisions hereof.
11.6. Inaction on the part of the Organization in case the User or other users violate the provisions of the Agreement does not deprive the Organization of the right to take appropriate actions in defense of its interests in future and does not imply the Organization's waiver of its rights in the event of subsequent similar or analogous violations.
11.7. This Agreement has been formalized in Hebrew, Russian and English. In case of discrepancy between the Russian version of the Agreement and the version hereof in another language, the provisions of the Russian version of this Agreement shall apply.
Publication date: September 1, 2020