"Wishbox" Terms of Use

Last updated: May 5th, 2018

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING WISHBOX.

Welcome to the Wishbox application (“Wishbox”). Please read the following Terms of Use carefully before using Wishbox so that you are aware of your legal rights and obligations with respect to Servi Smart Solutions Ltd. (“we“, “us” or “our“). By accessing or using the Wishbox, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use (the “Terms“).  We reserve the right, at our discretion, to change these Terms at any time, and your continued use of the Wishbox and/or any of the Services thereafter means that you accept those changes. In the event that any change was made during a continued use of Wishbox, you will receive a notice.  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by these Terms please do not use Wishbox.   

  1. Ability to Accept.  By using Wishbox you affirm that you are over sixteen (16) years of age.  If you are between the age of sixteen (16) and eighteen (18) years then, prior to using Wishbox, you must first review these Terms with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
  2. Permission to Use.  We hereby grant you permission to use Wishbox, provided that you comply with these Terms and applicable law (“License“).
  3. Restrictions.  You agree not to, and shall not permit any third party to: (i) copy, distribute or modify any part of Wishbox without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) make Wishbox available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iv) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of Wishbox; (v) circumvent, disable or otherwise interfere with security-related features of Wishbox or its features that prevent or restrict use or copying of any content or that enforce limitations on use of Wishbox; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via Wishbox; (vii) use any communications systems provided by the Wishbox to send unauthorized and/or unsolicited commercial communications; (viii) use the Wishbox name, logo or trademarks without our prior written consent; and/or (ix) use Wishbox to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
  4. ServicesWishbox shall provide the following services and deliverables: management and operation services between the Company and its customers, including, without limitation, automated tools and wizards, guest’s app and additional services. The Company will be granted access to Wishbox’s front desk web site, in which Company will be able to control and adjust the platform in real-time. The Wishbox Platform is dynamic, and the Services provided through the Wishbox Platform may be updated and changed by Wishbox in its discretion in order to improve the customer experience. Wishbox shall provide support for the customers of the Company via the phone during Wishbox office hours (currently 09:00-18:00 Paris time – may be changed from time to time).
  5. Intellectual Property Rights.
    5.1.Ownership. Wishbox is licensed and not sold to you under these Terms and you acknowledge that Wishbox and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to Wishbox.  Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic. 
    5.2.Content.  The content on Wishbox, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials“), and the trademarks, service marks and logos contained therein (“Marks“, and together with the Materials, the “Content“), is the property of us and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  All other Marks used on Wishbox are the trademarks, service marks, or logos of their respective owners.
    5.3.Use of Content. The content on Wishbox is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.
  6. Information Description.  We attempt to be as accurate as possible.  However, we cannot and do not warrant that the content available on Wishbox is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content. 
  7. Privacy. 
    7.1.Consent and Modification.  You are not legally obligated to provide us Personal Information, and you hereby confirm that providing us Personal Information is at your own free will. By using Wishbox(including the Services), you consent to the terms of our privacy policy set forth herein (“Privacy Policy“) and to our collection, processing and sharing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not access or otherwise use Wishbox and/or any of the Services. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to the Account Information.

    7.2.Purchases. Wishbox allow you the purchase the Services. If you choose to make a purchase we will require sufficient information from you to complete the transaction. Such information could include a credit card number and related account and billing information, invoice related information, and other data required to process the order. We may also update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments. We may use the tools, software or services of third-party service providers to process transactions on our behalf, in which case you acknowledge and agree to review and be bound by the terms of use and privacy policy of said third-party service provider.
    7.3.The Way We Use Personal Information. We collect Personal Information through the use of Wishbox(including the use of any of the Services), we may use such Personal Information in the following ways, via any applicable communication channel, including e-mail, SMS, etc.:

      1. We save the Personal Information for your next use of WishBox. We may use your designated email address to: (i) send you updates or news regarding the Services; and/or (ii) respond to a “Contact Us” or administrative request (for example, to change your password).  You may choose not to receive updates regarding the Services from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of our Services.
      2. We may transfer your Personal Information to our local or foreign subsidiaries or affiliated companies for the purpose of storing or processing such information on our behalf. Such information may be transferred to other countries. We require that these parties agree to process such information in compliance with our Privacy Policy.
      3. We may share your Personal Information with the Service Providers, but only to provide the Services to you and other users. Such information may be transferred to other countries.
      4. We may disclose your Personal Information or any information you submitted via Wishbox if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; and/or (iv) protect against harm to the rights, property or safety of us, yourself or the public.
        7.4.Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party or to the Service Providers in order to improve the Services. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Services.
        7.5.Children’s Privacy. The Services are not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at office@wishbox.co or call the office at +972-3-6336240.
        7.6.Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. Wishbox shall comply with the Payment Card Industry (“PCI”) Data Security Standard (“DSS”). If you have any questions about security on the Service, you can contact us at office@wishbox.co or call the office at +972-3-6336240.
        7.7.Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
  8. Warranty Disclaimers. 
    8.1.WISHBOX IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  WE DO NOT GUARANTEE THAT WISHBOX WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.    
    8.2.EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF WISHBOX.
  9. Limitation of Liability. 
    9.1.TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, WISHBOX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    9.2.IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE WISHBOX, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO US FOR RECEIVING THE RELEVANT SERVICE. 
  10. Indemnity.  You agree to defend, indemnify and hold harmless Wishbox  and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, Wishbox; (ii) your violation of these Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.    You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval. 
  11. Term and Termination.  These Terms are effective until terminated by us. We, in our sole discretion, have the right to terminate these Terms and/or your access to Wishbox, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  We shall not be liable to you or any third party for discontinuing the use of Wishbox, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with us in any way, your only recourse is to immediately discontinue use of Wishbox.  Upon termination of these Terms, you shall cease all use of the Site.  This Section 12 and Sections 8 (Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnity), and 19 (Governing Law and Disputes) to 18 (General) shall survive termination of these Term 
  12. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Wishbox without restriction or notification.
  13. Governing Law and Disputes.  These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. 
  14. General.  These Terms, and any other legal notices published by us in connection with Wishbox, shall constitute the entire agreement between you and us concerning Wishbox. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO WISHBOX MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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