Self Point Terms of Use

Self Point Ltd. (the "Company", "us", "our" or "we") provides vicariously through its designated software, website (the "Website") and application (the "Application") web-based services in the form of a merchant network platform for the purpose of facilitating communications between merchant members (the "Merchants") and users interested in receiving information and engaging with the Merchants for the purpose of purchasing their respective merchandise (the "Users"), as well as to allow certain third parties (the "Third Parties") to provide and exchange self-generated content and Merchants related content (together, the "Third Parties' Content") which is directly or indirectly related to the said merchandise (together, the "Service"; the Service users, and Third Parties shall be referred to as the "Users", "you" or "your"). These Terms of Use (the "Terms") govern the Users access and use of the Website, Application and Services. Users must agree to these Terms prior to using the Website and/or Application.

Please read these Terms carefully. These Terms govern your access to and use of the Website and Application. By registering to use, downloading, sharing or otherwise using the Website and/or Application or using any software scripts provided by us in order to make the Website and/or Application available or usable, you signify your assent to both these Terms and our Privacy Policy, which is available at https://thefoodshowcase.self-point.com/frontend/policies, and which may be modified or otherwise changed from time to time at our sole discretion. Your continued use of the Website and/or Application will be deemed acceptance to any such amended or updated terms. If you do not agree to any of these Terms, please do not click “ACCEPT” and do not use the Website and/or Application.

Use of Website, Application and Services

Subject to the terms and conditions set forth herein and subject to your compliance therewith, you are hereby granted a limited, non-exclusive, non-transferable and revocable license to use the Services. When sharing, transferring or otherwise using any of the Website, Application or Services, you will be required to, and responsible for, assuring the acceptance of any party you send to, share with, or otherwise use the Website, Application or Services with, or the Terms. You acknowledge that the Company may, in its sole discretion and at any time, modify, update or otherwise change the Website, Application or Services, including discontinuing providing any part of the Website, Application and/or Services or modify or delete any content available through the Website, Application or Services, without prior notice. Use of the Website, Application and Services is void where prohibited. By using the Website, Application and Services you represent and warrant that: (a) any information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age or, if higher, the age of majority in your jurisdiction or if so required for offering or purchasing any of the Products offered through the Website or Application; (d) your use of the Website, Application or Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Services, Application and Website, provisions of any services merchandise or products arranged through the Services, Website and Website, and any interactions with other Users including without limitation being legally authorized to engage in any activity; and (e) neither you, nor any User with whom you will engage: has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any fraud or money laundering.

Subsections (a)-(e) shall be referred to, jointly, as the "Users Undertakings and Warranties".

By using the Services, Application or Website you understand and agree that the Company may in its sole discretion, but is not required to, verify that any or all of the Users Undertakings and Warranties are met by any User and you further agree that the Company is not responsible for assuring that the Users Undertakings and Warranties are met or for any failure to suspend, terminate or prevent the use of the Services, Application or Website by Users who do not meet the Users Undertakings and Warranties. If you become aware of any violation to the Users Undertakings and Warranties you are encouraged to report it to the Company. If the Company becomes aware of any violation to the Users Undertakings and Warranties (either by reports provided to it by other Users or any other means) by you or any other User, it may suspend and/or terminate your or such User’s account with or without notice in its sole discretion. If your account is suspended and/or terminated, you agree to make no further use of the Services, Application and Website after termination or during suspension. Without derogating from the above, the Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to: (i) any inaccuracy, untimeliness or incompleteness of a User’s representations regarding Users Undertakings and Warranties or compliance with such undertakings and warranties; and (ii) misstatements and/or misrepresentations made by any Users.

By using the Website, Application or Services you understand and agree that the Services merely offer a merchant network platform designated to enable a connection between the Users in order to allow the offering, sale and/or supply of Merchants' merchandise (the "Products") and additional Services in the form of Third Parties' Content. You understand and agree that the Company: (a) does not employ, recommend or endorse any of the Products or services offered from time to time through the Website, Application or Services, and has no control over the quality, prices, description, compatibility, delivery times or other features of the Products and/or Users; (b) makes no representations or warranties about the availability, quality, suitability or any other feature of any Products and/or Users or any other information, goods, services, merchandise, timelines, warranties, instructions, payments or any other information offered or provided by the Website, Application or Services; and (c) is not responsible for, and expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related the use of the Services or the performance, conduct or contractual violation of any kind of any User or other third parties in any way using or having used the Services, and/or on or off the Website. Specifically, the Company disclaims any liability related to any errors in the description of any Products and/or Users, payments terms, prices, delivery addresses, any misconduct, errors or omissions by Merchant and/or any service provider or employee operating on behalf of Merchant, any misconduct, errors by third parties providing logistical services, such as pickers and drivers, and any other errors or mistakes or non performance related to the purchase, payment, delivery, receipt or usage of the Products or any other use of the Website, Application and/or Services. The Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the use of the Services or the Website, including with respect to purchasing any Products, or with respect to any content, advertisement, offers, information provided by third parties and made available on the Website or the Application, or any acts and/or omissions of Users in any way using or having used the Services, Application or Website in any means. By using the Services, Application or Website, you acknowledge that you are solely responsible for such use and the connections you make and that all use of the Services, Application and Website is at your sole risk.

No Exclusivity

You acknowledge and agree that the Company is in the business of providing the Services and that the Company may provide the Services or such services as it shall provide from time to time in accordance with its sole discretion to third parties, including to any corporate body or other entity involved in the business or providing services similar to the Services.

Restrictions

Without derogating from the provisions of Section 1 thereof, you shall not, and shall not permit any third party, to: (a) reverse engineer or attempt to find the underlying code of the Website, Application and/or Services; (b) use the Website, Application and/or Services in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Website, Application, Services or content of any of the Website, Application or Services; (d) attempt to disable or circumvent any security or access control mechanism of the Website, Application or Services; (e) design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Website, Application or Services; (f) use the Website, Application or Services or engage with other Users for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Website, Application or Services, other User Accounts, as defined below, or other device, computer system, phone systems, or networks connected to the Website, Application or Services; and (h) harvest or otherwise collect information about Users without their consent.

If you post, publish, share or otherwise transfer through the Website, Application and/or by using the Services any content or other information, including Third Parties' Content (together, the "Content"), you represent and warrant that such Content provides an accurate and complete picture of any information, products, merchandise, services or any other information described therein, complies with these Terms herein, and does not: (a) infringe the intellectual property, moral or publicity rights of any third party; (b) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (c) contain any worms, viruses or otherwise malicious software; (d) violate any applicable law or regulation, including any law or regulation concerning advertising or marketing; and (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Without derogating from the generality of the foregoing, in the event the Content represents your own opinion or the opinion of any third party, or if the Content serves as promotional content on behalf of any Merchant, you further represent and warrant to make it undoubtedly clear that such Content represents only your own opinion, the opinion of third parties or serves as promotional content on behalf of such Merchant. By posting, uploading, publishing, sharing or otherwise transferring any Content using the Website, Application and/or Services, you hereby irrevocably grant the Company and any of its affiliates and/or sublicenses a worldwide, non-exclusive, perpetual, royalty-free license to publish, share, display and otherwise transfer such Content in any reasonable form as shall be in the Company's sole discretion. The Company reserves the right to remove, suspend access to or permanently delete any Content in accordance with its sole discretion without prior notice, including without limitation any Content that violates the warranties set forth above or the Company's business interests, and you shall have no right or claim in respect of any such decisions and actions. Without derogating from the provisions of Section 1 thereof and Section 3 herein, the Company is not, and shall not be, liable for any Content provided, posted, uploaded, shared or otherwise made available by Users or any interactions engaged by any Users. Each User using the Website, Application and/or Services hereby represents to take full responsibility in respect thereof, and the Company shall bear no liability with respect to the foregoing.

Sale of Alcohol

You understand and agree that in order to purchase and be delivered alcohol products, you must be: (i) over the age of 21 if the delivery is within the United States; or (ii) over the legal age to purchase alcohol according to the jurisdiction of delivery. Users purchasing alcohol products undertake to provide valid identification proving their age to the deliverer. In addition to the general exclusions of liability, it is hereby clarified that the Company shall not be responsible for any health problems or intoxication that may occur as a result of the delivery of alcohol products.

Using Remote Transfer Features

Certain features of the Website and/or Services remotely transfer Content, files or other information from one device to another. By clicking through these Terms, using the Website, Application and/or Services Users hereby agree and undertake to bear the sole responsibility for the acceptance of these Terms by any other third parties engaging with them by means of any communication for the purpose of using the Website, Application and/or Services, and not to: (a) use the Website, Application and/or Services to distribute or transmit any software or other computer files that contain a virus, Trojan horse, worm or other harmful or destructive component; (b) use the Website, Application and/or Services under false pretenses to gain access to a third party's computers, cellular phones or other devices; or (c) use the Website, Application and/or Services for any other harmful, misleading, offensive, unauthorized or otherwise illegal purposes. Any User shall be responsible for any of the above, and to any and all claims and/or damages deriving from or connected to not complying with the above. The Company reserves the right to disable or otherwise discontinue the use of the Website, Application or Services of any User or to take any other action that the Company in its sole discretion deems necessary or appropriate, including pursuing legal action, in the event of violation or alleged violation of these terms herein.

Account Registration

Customers wishing to use the Website, Application and Services must complete a registration process, create a user account (the "User Account").

The User Account allows the use of the Website, Application and/or Services, subject to these Terms. To create a User Account, User must provide truthful and accurate information and keep such information up-to-date, and select a password. You agree that you will supply accurate and complete information to us in the creation of your User Account and the use of the Services, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. When you complete the registration process, you create a User Account. The Company reserves the right to refuse to allow anyone wishing to use the Website, Application and/or Services to open a User Account or otherwise use the Website, Application and/or Services for any reason at its sole discretion. You may not provide false information during the registration process. You shall not share your User Account or login information with any third party, nor let any third party access your User Account, and are responsible for maintaining the confidentiality of the login information for your User Account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your User Account, even if such activities were not committed by you. The Company will not be liable for any losses or damages incurred by unauthorized use of your User Account or password, either to you or to any other User or third party, and you agree to indemnify and hold the Company harmless for any improper or illegal use of your User Account, including any Content shared or otherwise made available, unless you have notified the Company via e-mail to https://thefoodshowcase.self-point.com/frontend/retailer/information that your User Account has been compromised, that you have modified your login information, have requested the Company to block access to it, and the Company has had a reasonable amount of time to review and act on such notification. Without derogating from the foregoing, we may terminate your use of the Website, Application and/or Services if you let any third party use your User Account inappropriately or if you or anyone using your User Account violates these Terms.

Registration through Third Party Accounts. The Website, Application and Services are accessible and usable through certain third party accounts, such as Facebook and Gmail (each such account, a “Third Party Account”). In order to access and use the Website, Application or Services you must link the Website or the Application to your Third Party Account, by either: (i) providing your Third Party Account login information to the Company through the Website or the Application; or (ii) allowing the Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each such Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to the Company and/or grant the Company access to your Third Party Account (including for use for the purposes described in these Terms), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such Third Party Account operator, developer or any other third party service provider. By registering through a Third Party Account you represent and warrant that such account is yours and you have all right to provide us with the information in such account. By granting us access to your Third Party Account, you acknowledge that the Company may, as applicable, access, make available and store any public information available in your Third Party Account, including but not limited to friends and contacts lists, profile picture, date of birth, information shared, uploaded, posted or otherwise made available by the Users in any means on such Third Party Accounts or any other public information.

You agree that you will supply accurate and complete information to us when accessing or using the Website, Application through your Third Party Account, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. The Company reserves the right to refuse to allow anyone wishing to access or use the Website, Application or Services to do so through his Third Party Account for any reason at its sole discretion. You may not provide false information during your access and use of the Website and/or Application. You shall not share your Third Party Account for the purposes hereof with any third party, nor let any third party access to your Third Party Account for purposes of accessing or using the Website, Application or Services, and are responsible for maintaining the confidentiality of the login information as described above. You are fully and solely responsible for the security of your mobile device and all activity on and through your Third Party Account, even if such activities were not committed by you. The Company will not be liable for any losses or damages incurred by unauthorized use of your Third Party Account for the purposes hereof, either to you or to any other User or third party, and you agree to indemnify and hold the Company harmless for any improper or illegal use of your Third Party Account, including any Content or Travel Information shared or otherwise made available. Without derogating from the foregoing, we may terminate your use of the Website, Application and/or Services if you let any third party use your Third Party Account for accessing or using the Application or Services inappropriately or if you or anyone accessing or using the Website, Application or Services through the Third Party Account violates these Terms.

Intellectual Property

The Company is the owner of all worldwide rights, titles and interests in: (a) the Website, Application and Services, and all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Website, Application and Services; and (b) trade names, trademarks, and logos of the Company, and shall at all times remain solely with the Company. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing shall mean only the right to use the Website, Application and Services pursuant to these Terms. You hereby grant us an irrevocable, unlimited and free of charge license to use, for any purpose, any and all feedback or other comments concerning the Services that you have and/or may publish(ed) on the Website or the Application. Users bear sole liability for any and all Content, including any intellectual property rights thereof, provided, shared or otherwise made available by the Users using the Website, Application and/or the Services, and the Company makes no representation with respect to any such Content. The Company will not be liable for any losses or damages incurred by such Content, and Users agree to indemnify and hold the Company harmless for any damage or loss arising from the above.

Payments

Users' Payments

Payments to a Merchant: Users may only transmit payments to a Merchant through the approved payment providers we make available for this purpose on the Sites and through the mechanisms the Company provides. Under no circumstances a User shall transmit any payment to a Merchant directly or outside of the Website, Application and/or Services.
In consideration for the purchase of the Products through the Website or Application, User shall pay the price at which each purchased Product is offered through the Website or Application.

User shall make payments for using the Website or Application and/or purchasing Products, as applicable, free and clear, and without deduction or withholding.

The price showed for items that are priced by the kg/gram/pound/ounce is based on an estimated weight. The actual price per kg/gram/pound/ounce will appear on the invoice that you will receive at the time of delivery which shall not unreasonably differ from the price indicated upon completion of the checkout.

Payments may be made through third party payment service providers as shall be made available by the Company from time to time, through coupons or gift cards where applicable or by any other means as shall be made available by the Company from time to time. For the avoidance of doubt, such coupons or gift cards are subject to changes or cancellation, subject to the absolute discretion of the Company and may be amended from time to time.

Taxes

It is your responsibility to determine what, if any, taxes apply to your use of the Website, Application and/or Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your use of the Website, Application and/or Services, or for collecting, reporting or remitting any taxes arising from any such use. You are hereby advised to consult in such matters with certified public accountants or lawyers.

Privacy

User undertakes not to save, collect or otherwise maintain in its possession and use any content without the prior written consent of the User who uploaded, shared or otherwise made available such Content and the Company. User further acknowledges that the Company reserves the right, in its sole discretion, to save, collect or otherwise maintain in its possession and use the Content, including information that may personally identify such User or describe his personal interests. The Company reserves the right to make any and all permitted use under any applicable law of the Content as set forth in the Company Privacy Policy. For the avoidance of doubt, the Company does not review, test, confirm, approve or otherwise verify the Content. Each User posting, uploading, sharing or otherwise making available such Content shall bear the sole responsibility for the Content, including any and all third party information and required consents. The Company will not be liable for any loss or damage incurred by not complying with the above, and User agrees to indemnify and hold the Company harmless for any damage or loss arising from the above. NOTWITHSTANDING THE FOREGOING, USER UNDERSTANDS AND ACKNOWLEDGES THAT THE COMAPNY IS NOT A CONTENT STORAGE SERVICE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY LOST OR ERASED CONTENT. USERS SHOULD BE AWARE THAT ANY CONTENT POSTED, UPLOADED, SHARED OR OTHERWISE MADE AVAILABLE MAY BE READ, COLLECTED, AND USED BY OTHER USERS, AND COULD BE USED TO SEND UNSOLICITED CONTENT.

Links

The Website, Application or Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties. The Company has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. USER UNDERSTANDS AND AGREES THAT USE OF SUCH LINKS OR OTHER CONTENT IS AT HIS OWN RISK, THAT SUCH LINKS OR OTHER CONTENT ARE GOVERNED BY SUCH THIRD PARTIES' TERMS OF USE AND PRIVACY POLICIES, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD PARTIES. USER SHOULD CAREFULLY REVIEW THE APPLICABLE TERMS AND POLICIES THAT APPLY TO ANY SUCH THIRD PARTIES. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND THE COMPANY EXPRESSLY DISCLAIMS, AND USER EXPRESSLY RELEASES THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES, ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD PARTIES, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PRODUCTS AND/OR SERVICES.

Prohibited Uses

The Website, Application and Services are for the use of individual Users only and may not be used in connection with any commercial endeavors without the express written consent of the Company. The Website, Application and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. User agrees not to use any Content in order to contact, advertise, solicit, or sell to any other User without their express consent.

Users hereby represent and warrant not to use the Website, the Application and/or the Services for illegal purposes. Among other things, Users represent and warrant that any and all Content uploaded by them onto the Website and/or the Application, whether self-generated or not, does not infringe on third parties' intellectual property rights.

Copyright Policy

In accordance with the Digital Millennium Copyright Act and other relevant laws, the Company reserves the right to terminate, at its sole discretion, any User who has been notified to repeatedly infringe upon third party copyrights.

You are advised to report to us on https://thefoodshowcase.self-point.com/frontend/retailer/information any content that you believe is infringing upon third party copyrights by specifying: (i) an electronic or physical signature of the owner of the copyright or the person authorized to act on his or her behalf; (ii) details regarding the claimed infringing material (location, subject, etc.); (iii) complete contact information of the copyright owner ; (iv) a statement that you are acting in good faith; and (v) a statement made under penalty or perjury, that the information which you providing is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf.

Support

Users may contact the Company with regard to support for the Website, Application and Services by sending an email to https://thefoodshowcase.self-point.com/frontend/retailer/information.

Disclaimers

The Company makes reasonable efforts to ensure that its technology keeps the Website, Application and Services safe and secure. However, no technology is 100% secure or 100% operational. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Except as expressly set forth herein, your use of the Website, Application and Services is at your sole discretion and risk. The Website, Application and Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. The Company expressly disclaims all implied or statutory warranties of any kind relating to the Website, Application and Services, including without limitation the warranties of title, merchantability, fitness and suitability for a particular purpose, availability, non-infringement of proprietary rights, course of dealing or course of performance.

You agree and acknowledge that the Website may modify or remove existing features and/or create new ones on a regular basis and without having to notify you.

The Company does not give any advice regarding the risk or suitability of any Products, merchandise, trade, transaction, engagement or other interaction. The Company assumes no responsibility for any Content provided by Users, transaction, engagement or other interactions made by you and you acknowledge that you are solely responsible for the assessment of your transactions, engagements and other interactions. You shall not hold the Company or any of its employees, directors and affiliates liable for any transaction, engagement and other interaction-related choices made by you. No advice or information, whether oral or written, obtained by you from the Company, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation Of Liability

The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Website, Application or Services or combination thereof, including any injury or damage to Users or to any person's computer, mobile phone or any other device related to or resulting from participation or downloading materials in connection with the Website, Application or Services. Under no circumstances shall the Company be responsible for (i) the conduct of third parties, including any Users, whether online or offline, and operators of external sites, (ii) any security breaches or malfunctions, attacks, downtimes, or other in respect to conduct of third parties, caused maliciously or otherwise by any method, such as but not limited to 'phishing', SQL-injections, backdoors, viruses, malware, adware and spyware; and/or (iii) any loss of information or data provided by Users, irrespective of its nature or kind.

In no event shall the Company or any of its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages (including but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort), arising out of or in connection with your use of the Website, Application or Services, whether or not the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

in no event shall the aggregate liability of company, its affiliates, licensors, retail partners, suppliers and distributors for all claims relating to the services or any products requested by you or delivered to you for more than the greater of $100 or the fees paid by you to the company for the past 12 months of the services.

Among other exemptions, you agree not to hold the Company (including the Company's affiliates, representative officer, directors, employees, agents, shareholders, retail partners, licensors and suppliers) liable for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the delivery and the delivery staff.
Indemnification

User shall defend, indemnify and hold the Company harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which the Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by the User or any use by the User of the Website, Application or Services not in accordance with applicable law.

Miscellaneous

Without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Prior to the commencement of any dispute, you undertake to contact us and attempt to resolve the issue. Any dispute arising under these Terms or concerning the Website, Application or Service shall be finally settled on an individual basis before a single arbitrator administered by, and in accordance with the arbitration rules of the International Chamber of Commerce. The arbitration shall take place in Tel Aviv, Israel, or any other location mutually agreed upon in writing and the language of the arbitration shall be Hebrew or any other language mutually agreed upon in writing. You may not advance any class action claims against the Company, and by using the Website, Application or Services you agree to waive your rights to advance any such class actions and/or collective claims. The arbitrator may not consolidate more than one person's claims and/or engage in a class or collective action arbitration. In the event that the class action waiver is found unenforceable, the terms of such waiver shall be severable from the Terms and the issue shall be litigated in a Tel Aviv civil court. Any claim that the class action claims waiver is invalid, void or otherwise unenforceable, shall be brought in front of a judge from a Tel Aviv civil court.

Note that you are given the opportunity to opt-out of this mandatory arbitration provision, within 30 days of accepting these Terms. In order to opt-out, you must send us an email to https://thefoodshowcase.self-point.com/frontend/retailer/information detailing your first and last name and stating your intent to opt-out.

This mandatory arbitration provision may be circumvented in the event that the Company or the Users wish to bring a lawsuit for the sole purpose of being issued an injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

Any cause of action against the Company must be brought within one (1) year of the date such cause of action arose.

In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and the Company or enables you to act on behalf of the Company. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between the Company and you pertaining to the subject matter hereof.

Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by the Company to any contact information you have provided in your User Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.

The Company reserves the right to change the Terms from time to time, without having to notify you. By continuing to use or access the Services following the effective date of the amended Terms, you agree to be bound by the amended Terms.

The Company may limit your order or the quantity of a specific product that Users may order.

In order to preserve the quality of the products, the Company delivers the purchased products by refrigerated trucks with freezer compartments. We recommend that you refrigerate or freeze perishable items upon delivery.

You may not assign any rights hereunder without our prior written consent. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Company with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Last updated: August 2016