TERMS OF USE
Raz Haim Currency Services LTD. (together with any subsidiaries or affiliated companies "I-Change") (“I-Change", "we", "our") welcomes you (the "User(s)", or "you") to our website located at: www.i-change.co.il (the "Site"). Each of the Site's Users may use the Site only in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (the "Privacy Policy") (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between I-Change and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
The Site is available only to individuals who possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.
- The Site
Our Site offers a platform for placement of Service Orders (as defined below) by a User from I-Change. The Site also includes binary code, compilation of data or visual display resulting from the operation of the Site, and other associated materials, specifications and documentation.
In addition, we may use or include third party commercials and/or referrals by I-Change to third parties, including, potential commercial organizations, which may contact you with certain offers and/or proposals regarding issues that are (but not necessarily) in I-Change's and/or the Site's fields of activities, including, without limitation.
THE CONTENT OF THE SITE, INCLUDING ANY INFORMATION, MATERIAL, DATA AND THE RESULTS OF THE USER'S USE OF THE SITE, IS MADE AVAILABLE FOR PERSONAL USE ONLY.
I-CHANGE DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SITE AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SITE.
In order to use the Site you acknowledge and agree that you will be required to provide I-Change with certain information, including personally identifiable information. You expressly acknowledge and agree that I-Change may have to access and/or use the information you provided to I-Change. A comprehensive explanation regarding the information that we collect from our Users appears in our Privacy Policy.
The Site also provides comprehensive information regarding I-Change and resources such as Q&A, and may include any other content related thereto such as contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”). In addition, we may offer a User, who provides his/her e-mail address, updates via e-mail regarding any I-Change's developments, etc.
For the Sake of clarity and to remove any doubt, the Site may present information which, by its nature, is changing on a constant basis. Such information includes, inter alia, currency rates, tariffs, etc. ("Ongoing Changing Information"). I-CHANGE WILL NOT BE LIABLE AND/OR RESPONSIBLE AND/OR UNDERTAKE FOR THE ACCURANCY OR TIMELY UPDATE OF THE ONGOING CHANGING INFORMATION AND THE USER HEREBY WAIVES ANY CLAIM, ACTION OR DEMAND AGAINST I-CHANGE IN THAT REGARD. THE INFORMATION DISPLAYED ON THE SITE AND IT IS AN ONGOING CHANGING INFORMATION WILL BE DETERMINED ONLY UPON SIGNING OF THE SERVICES AGREEMENT (AS DEFINED BELOW). THE USER MAY NOT, UNDER ANY CIRCUMSTANCES, RELY ON ONGOING CHANGING INFORMATION OR ANY OTHER INFORMATION PRESENTED AT THE SITE WHICH BY ITS NATURE MAY BE CHANGED, UNTIL THE SIGNATURE OF THE SERVICES AGREEMENT IN THE I-CHANGE PLACE OF BUSINESS, AS SPECIFIED BELOW. ONLY UPON SIGNING OF THE SERVICES THE ONGOING CHANGING INFORMATION WILL BE FINALLY DETERMINED AND RELIABLE.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO I-CHANGE. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. I-CHANGE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
- Service Order(s)
Service Orders are not and will not be performed via the Site. Each Service Order will be performed manually by I-Change at its place of business in: 3 Ein He-Khatul st., Eilat, Israel, during its standard working days and hours, subject to the signing of the Services Agreement.
I-Change does not undertake or will be liable to perform or to complete or to execute a Service Order and shall be entitled, at I-Change sole and absolute discretion, not to perform any Service Order for any reason and the User shall have no demand, claim or argument against I-Change in that regard.
Following the submission of a Service Order via the Website, I-Change and the User will mutually coordinate the time in which the User will arrive to I-Change's place of business in 3 Ein He-Khatul st., Eilat, Israel in which I-Change will complete or perform (subject to the above stated) the services underlying the applicable Service Order and the parties will sign a services agreement ("Services Agreement"). Such services will be provided subject to payment of fees to be mutually agreed between the User and I-Change within the scope of the Services Agreement.
- Grant of License
Subject to the terms and conditions of these Terms, I-Change hereby grants you a personal, non-transferable, non-commercial, non-exclusive, fully revocable, royalty-free, limited license to (i) use the Site on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the Site for your personal use, and for no other purpose, strictly in accordance with the Terms and applicable law; and (ii) use the Site and the Content in accordance with the Terms.
The Terms do not convey to you any interest in or to I-Change Intellectual Property (as defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of I-Change’s Intellectual Property under any law.
I-Change has no obligation to provide upgrades or new releases of the Site under these Terms.
- Use Restrictions
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at I-Change's sole discretion) the termination of your use of the Site and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes without I-Change's express prior written consent; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of I-Change or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (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 Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, 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 I-Change endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by I-Change on or through the Site, 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 I-Change's proprietary rights, including I-Change's Intellectual Property, in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permits such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose without I-Change’s prior written consent; (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content; (m) create a database by systematically downloading and storing all or any of the Content from the Site; (n) transmit or otherwise make available in connection with the Site 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; (o) use the Site for any purpose for which the Site is not intended; (p) use the Site by means of automated methods; and/or (q) infringe and/or violate any of the Terms.
TO REMOVE ANY DOUBT, YOU ARE SOLELY RESPONSIBLE FOR USING THE SITE IN ACCORDANCE WITH ALL APPLICABLE INTERNATIONAL, FEDERAL, STATE AND LOCAL LAWS.
You represent that you are using the Site for its intended purpose. If you are registering or using the Site on behalf of a company, institution or other organization, you represent that you have authority to confirm and accept these Terms and may bind such company, institution or other organization hereunder by your actions.
- Intellectual Property Rights
The Site, the Content and I-Change's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to I-Change and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by I-Change and its licensors.
- Trademarks and Trade Names
- Special Provisions Relating to Third Party Components
- Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at the Site which is incorporated herein by reference. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.
- Feedback
I-Change may ask for your feedback regarding your use and evaluation of the Site, including, without limitation, any problems encountered in the Site (the "Evaluation Data"). If such Evaluation Data is provided to I-Change, it will be deemed and remain the sole property of I-Change, and will not be subject to any obligation of confidence on the part of I-Change. Additionally, I-Change shall have all ownership, right, title and interest in and to the Evaluation Data and any and all intellectual property and proprietary rights thereto and therein. You hereby transfer and assign to I-Change any and all intellectual property rights you may have in and to the Evaluation Data and agree to cooperate with I-Change to perfect I-Change’s sole and exclusive ownership in and title to the Evaluation Data.
- Transfer Restrictions
You may not sublicense, delegate, assign or otherwise transfer these Terms, the license granted herein, or any other rights or obligations under these Terms, in whole or in part.
- Export and the Location of the User
The Site may be subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States. The User agrees that he/she/it will not transfer, or export the Site into any country, or make available or use the Site in any manner, prohibited by applicable laws.
In addition, the User represents and warrants that (i) he/she/it is not located in a country that is subject to a U.S. Government and/or other governments' embargo or sanctions, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government and/or other governments' list of prohibited or restricted or sanctioned parties.
- Amendments to the Terms
I-Change may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by law and without any prior notice.
- Termination of these Terms and the Termination of the Sites's operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith I-Change may immediately temporarily or permanently limit, suspend or terminate your access to the Site. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Site, you may terminate these Terms at any time by stopping your use of the Site and this will be you sole remedy in such circumstances. Upon termination of these Terms the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranty, Limitation of Liability, Indemnification and sections 18 - 24 below will survive the termination of the Terms.
Additionally, I-Change may at any times, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that I-Change does not assume any responsibility with respect to, or in connection with the termination of the Site's operation and loss of any data.
We note that we can suspend or disregard any intended service to the User by I-Change if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is a threat to the security or integrity of our network or our servers; (b) suspension is needed to protect the rights, property or safety of I-Change, its users or the public; (c) you have violated these Terms; and/or (d) we are required to by law.
- Assumption of Risk
YOU AGREE AND CONFIRM THAT I-CHANGE IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE SITE, INCLUDING THE ONGOING CHANGING INFORMATION.
TO REMOVE ANY DOUBT, THE SITE AND THE CONTENT THEREIN ARE PROVIDED FOR PERSONAL USE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL ADVICE, FINANCIAL ADVICE AND/OR FINANCIAL SERVICES OF ANY KIND.
You agree that I-Change shall not be liable to you or to any third party for any unavailability, modification, suspension or discontinuance of any feature or component of the Site.
To the extent I-Change provides links or references to websites operated by third parties, I-Change does not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites does not imply approval or endorsement of the linked website by us. If you decide to access these third party websites, you do so at your own risk. You agree that I-Change has no liability for any damage or loss of any type that is a result of your use of a third party website.
TO REMOVE ANY DOUBT, THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES ON WHICH I-CHANGE DOES HAS NO CONTROL EVEN THOUGH SUCH LINKS MAY CONTAIN I-CHANGE'S LOGOS AND ICONS. THE INCLUSION OF ANY LINK DOES NOT IMPLY THE I-CHANGE'S ENDORSEMENT AND/OR RESPONSIBILITY OF ANY CONTENT OF THIRD PARTIES.
- Disclaimer of Warranty
- Limitation of Liability; Indemnification
IN NO EVENT SHALL I-CHANGE OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT I-CHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THESE TERMS AND/OR THE PRIVACY POLICY (INCLUDING WITHOUT LIMITATION ANY THEORY BASED IN TORT, CONTRACT OR OTHERWISE). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WITH THE EXCEPTION OF CLAIMS ARISING FROM I-CHANGE’S BREACH OF THE PRIVACY POLICY (FOR WHICH DAMAGES ARE LIMITED TO THE COST OF REQUIRED NOTICES UNDER APPLICABLE LAW AND ANY ADDITIONAL COSTS INCURRED BY YOU UP TO A MAXIMUM OF US$1 IN THE AGGREGATE), I-CHANGE'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OR POSSESSION OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED US$1.
Upon request by us, you agree to defend, indemnify and hold I-Change and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your violation of these Terms; or (b) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Site. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us.
Notices to you hereunder shall be sent to the address provided by you when you registered to the Site.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflicts of laws provision. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The parties hereby consent to, and hereby agree to submit to, the exclusive jurisdiction and venue of the competent courts located in the city of Tel Aviv – Yafo, Israel. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys' fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained. In the event of a breach, or threatened breach, of these Terms by you which may harm the intellectual property or proprietary rights of I-Change (or its licensors/suppliers), the parties agree that (i) I-Change may suffer irreparable harm for which monetary damages may be insufficient as a remedy, (ii) I-Change shall be entitled to seek injunctive or other equitable relief, (iii) no bond or surety shall be required to be posted for such relief, and (iv) such relief shall be in addition to any and all other remedies in law or in equity to which I-Change may be entitled.
- Complete Agreement; Waiver; Severability
These Terms contain the complete and entire agreement and understanding of the parties regarding the subject matter hereof, and supersede all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and I-Change relating to the Site or the terms of its license to you. In the event any term of these Terms is held by a court of competent jurisdiction to be unenforceable, such unenforceability shall not affect the remaining terms of these Terms in such jurisdiction or render unenforceable or invalidate such terms and provisions of these Terms in other jurisdictions. Upon such determination that any of the terms or provisions of these Terms are held to be invalid under any applicable statute or rule of law, they shall be severed from these Terms and the remaining provisions of these Terms shall be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. I-Change's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless such waiver is in writing and signed by I-Change.
- Consent to Electronic Contracting
You agree that execution of these Terms may occur by your manifesting your acceptance of it when used the Site, and that no signature on a paper copy of these Terms is required in order to form a binding contract.
- Force Majeure
I-Change shall not be liable for failure to perform any of its obligations hereunder, or under the Privacy Policy, during any period in which such performance is delayed or impracticable due to circumstances beyond I-Change’s reasonable control, including without limitation earthquakes, fire, flood, war, pandemics, embargo, strike (other than I-Change’s employees), riot, civil unrest, inability to secure materials, transportation, or power/utilities, intervention of any governmental authority, or acts of God/nature.
- Assignment
Any attempted assignment, sublicense, transfer, encumbrance of these Terms (or of any of your rights or obligations herein) by you shall be void and shall constitute a material breach of these Terms. These Terms shall be binding upon and inure to the benefit of I-Change’s successors and assigns.
We may make changes to these Terms from time to time. A link to the most current Terms of Use that will govern your use of the Site will be available on the I-Change website and we will indicate the date of the latest update at the bottom of the posted Terms. We may also place a special notice on the website or communicate significant changes by email. Your continued use of the Site following the posting of such changes constitutes your acceptance of the amended Terms.
AS A USER OF THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
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