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Terms of Use

Welcome to the MeCard app (hereinafter: “the App”) and the website www.mecard.co.il, including digital marketing cards (hereinafter: “the Website”), The site is operated by Adarim Digital Marketing including digital marketing cards (hereinafter: “the Site Operator”).

These terms of use (hereinafter: “the Terms and/or Terms of Use”) define the rights and obligations when using the Site and the App, please read these terms carefully, as they constitute a binding agreement between you and the Site Operator.

Using the services indicates your agreement to these terms.

The terms are phrased in masculine form for convenience only and naturally refer to women as well.

These terms apply to the use of the Site and the services included in it through any communication device (such as a cell phone, handheld computer, etc.). They also apply to the use of the Site and the App, whether through the Internet or any other network or communication means.

General

Subject to the terms of use, the term “user” means any person who makes use of this site in any way and form (hereinafter: “the user”).

If you do not agree to any of the terms of use, you are requested not to use the Site or the App at all.

The terms of use instructions override everything stated on the Site and in the App.

These regulations will be binding and will benefit the parties, their representatives, their heirs, and any other authorized representative of theirs.

The user undertakes to use the Site and the App subject to the terms of use and declares that he is aware that the Site and everything stated in it do not constitute a substitute for consulting and/or treatment in any field.

The site operator reserves the right to change the terms of use on the Site without any prior notice to users, and this will not detract from the validity of the terms of use and their applicability.

The headings of the chapters are brought for convenience and orientation only and will not serve in the interpretation of the terms of use.

The site offers businesses digital marketing card creation and hosting services, training, and card usage, etc.

Limitation of Liability by the Site Operator

The site operator will not be liable for any damage of any kind that was caused and/or will be caused to the user and/or to a third party due to the content displayed on the Site and/or the services provided on the Site and/or the use of the App.

The user and/or any third party who believes that certain content causes or may cause him damage should contact the site operator and alert him to this, after which the site operator will examine the matter and may remove the content if deemed appropriate to do so, nothing herein shall impose responsibility on the site operator and it will be emphasized that the site operator is not responsible and will not be responsible for any dispute and/or damage that is created due to the use of the Site and its contents and the App.

The site and everything displayed on it are provided for use without any warranty of any kind, explicit or implied.

All contents displayed on the Site and in the App do not constitute a substitute for consulting and/or treatment by professionals in any field and subject displayed on the Site.

The site and the App are offered to the public “as is”.

The site operator will not bear responsibility for adapting the site and the App to the user’s needs, as well as for the inability to use the services through the Site and the App, as detailed above.

The user declares that he hereby releases the site operator from any responsibility, directly or indirectly, for any case where a transaction and/or browsing the Site will not be carried out, in part and/or in full, for any reason and from responsibility for any technical problem and/or other problem impairing the use of the Site and the App.

The site operator checks the contents that he uploads to the Site and the App, and makes every effort to adhere to their quality and the quality of the content appearing in them, however, the site operator cannot commit that all contents will fully suit or fully meet the user’s expectations, and/or that there will be no error whatsoever (whether technical or regarding the content displayed), and/or that they will absolutely suit the values of every user, therefore, the site operator and/or anyone on its behalf will not be responsible, and will not bear, directly or indirectly, any damage, direct, indirect, consequential or special, financial or otherwise, caused to the user/purchaser or to any third party whatsoever due to or as a result of viewing and/or relying on contents appearing on the Site and in the App, including loss of income and/or prevention of profit caused

for any reason whatsoever.

The site operator does not commit that the service provided on the Site and in the App will not be disrupted, will be provided orderly without interruptions and disturbances and/or will be immune from unauthorized access to the site’s computers, damages, malfunctions, failures in hardware, software or communication lines at the site or any of its providers or will be harmed for any other reason, and will not be responsible for any direct or indirect damage, agony and the like that will be caused to the user or his property as a result.

Without detracting from the foregoing, the site operator will not bear an amount of damage that exceeds the price of the services that were ordered and paid for by the user until that time.

Threshold Conditions for Performing a Transaction and/or Purchase on the Site:

In order to make a purchase on the site, you will need to provide details such as: full name, email, phone, etc.

The site’s system and the App offer its users an easy, simple, and secure purchase of the services offered by the site via the Internet.

Every user is entitled to participate in the purchasing process of the services and become a customer in the system, subject to fulfilling the cumulative conditions detailed below:

The user is competent to perform binding legal actions. If you are a minor (under the age of 18) or are not entitled to perform legal actions without a guardian’s approval, your use of the site will be considered as if you received the guardian’s approval to perform the transaction.

The user is the owner of a valid Israeli or international credit card, issued in Israel by one of the credit card companies.

The purchase on the site is made by credit card and/or by bank transfer.

If the purchase is made by credit, the transaction will be carried out after it is approved by the credit company.

Despite the foregoing, the site operator reserves the right to determine payment arrangements and/or other payment methods as it chooses at its sole discretion, including arrangements for payment by different means from a credit card and/or bank transfer.

The site operator reserves the right to stop and/or change the payment method on the site at its sole discretion and at any time as it sees fit.

The user hereby declares that the personal details he provides to the site or uses within the framework of the site are correct, accurate, up-to-date, and complete regarding his personal identity.

It is absolutely forbidden to use personal details of another person and/or to impersonate another.

About the Digital Marketing Card, the Course, the App, and the Purchase Conditions:

The site offers businesses digital marketing card creation services at a one-time annual cost and an annual hosting service.

The payment for the digital marketing card and the hosting fees are for the use of the service for 12 months.

In addition, it will be possible to purchase a course for online viewing for an additional payment on the site. The payment for the course is one-time in advance, for an unlimited period and/or limited, as will appear on the site from time to time.

In order to enjoy the digital marketing card services, the user must answer the registration questionnaire and provide information, including contents, pictures, logo, etc.

The contents uploaded by the user are solely the responsibility of the user and must be reliable and subject to the terms of use.

Except for the contents and materials uploaded by the user, the ownership of the marketing card and the App, including the domain, belongs solely to the site operator.

The user declares that he is given the right to use only the services of the site and the App, including the card, and this is subject to the purchase conditions and for a limited time.

After 12 months, the service will automatically renew for an additional 12 months, if the user wishes not to renew the service for another year, he must notify the site operator before the service period ends.

If the user does not renew at the end of the commitment period the transaction and/or wishes to stop using it, the marketing card will be removed from the network and the user will not be able to make any use of it. The user waives in advance any claim on this matter towards the site operator.

The delivery time of the digital marketing card is up to 10 business days, subject to payment and all information being provided by the user.

If there is a delay in delivery due to the user, this will not constitute a reason for canceling the service and/or any claim against the site operator.

The user will choose the colors and the contents, beyond that, the design will be carried out by the sole discretion of the site operator.

The user will be given an option for one round of corrections only (regarding the level of colors and contents only) after the card is sent by the site operator, after that, no further approval of the user will be required regarding the digital marketing card.

The site operator will do everything possible to provide available, proper, and continuous services, yet, it is possible that the site operator will make improvements and

maintenance, these improvements will apply automatically and without giving notice and/or requiring approval from the user, as a result, it is possible that the card will not be available (for a reasonable time) and this will not constitute a reason for compensation and/or indemnification and/or cancellation of the transaction.

After the card is provided by the site operator, content changes will be made at no cost up to 3 times a year (replacement of pictures, contents), beyond – 3 changes per year, the change will be subject to an additional payment.

Design changes and/or template changes will be subject to an additional financial cost.

The prices displayed on the site do not include VAT.

The payment for the services of the digital marketing card and the App is a one-time payment in advance for 12 months, by credit card or bank transfer.

The user consents that the work will be displayed as part of the site operator’s portfolio of works, in publications, and on social networks.

The service prices that are decisive are listed next to each service that appears on the site, it is hereby clarified that the site operator, will be entitled to update the prices of the tracks on the site from time to time and according to its sole discretion.

The site operator is entitled to cancel a transaction if there was a gross mistake regarding the description of a content item and/or its price, or if it turned out that the action was accompanied by illegal activity, or activity contrary to these regulations, on the part of the user and/or a third party.

The site operator reserves the right to cancel and/or not give any person the right to make purchases on the site due to illegal use of its services, violation of these regulations, and/or due to non-payment for services purchased.

The user agrees not to make any illegal use of the site and also any use contrary to the conditions below.

A tax invoice for the transaction will be sent to the user to the email address provided. The customer must check the content of the tax invoices he received.

Canceling a Transaction and Stopping Service:

It will be emphasized and clarified from now on that the Consumer Protection Law does not apply since the services of the site are directed only to business customers.

Canceling a transaction after making a payment and its approval will not be possible, unless the site operator is prevented from providing the services.

The storage fees are an annual transaction with upfront payment, which cannot be canceled in the middle of the period.

If the user does not renew the transaction at the end of the commitment period, the card will be removed from the network and it will not be possible to make any use of it.

The site operator is entitled to stop the services provided to the purchaser absolutely or temporarily, or to limit them, among other things in any case where the user did not pay the payment he owes on time or if the site operator saw that there is a reasonable concern that the purchaser will not meet the payments for the services and/or in the case where the user violated the terms of contracting with him including the instructions of these regulations.

In any case where the service was canceled and/or the service was stopped, both by the user and by the site operator, the following conditions will apply:

If the card is removed, the user declares that he is aware of the fact that the reputation of his business may be damaged and it will not be possible to make any use of the card and he waives any claim and/or demand from the site operator for any kind of damage that will be caused to him as a result of removing the card.

Content Published on the Site by Users:

When uploading content to the site and the App, the user bears full and exclusive responsibility for any outcome resulting from the publication.

The user must upload and publish legal content. Among other things, and for example only, users are prohibited from publishing the following content:

Any content that is false, misleading, or forged;

Any content that constitutes defamation of a person, or harms his privacy, or his good name;

Any content of harassing, offensive, abusive, threatening, or crude nature;

Any content that infringes copyright and/or any other intellectual property rights of a third party;

The site operator is entitled to refuse to publish, or to delete immediately any content uploaded to the site or the App, at its sole discretion, including at any time it finds that the user violated the terms of the binding documents or did an act or omission that harms or may harm the services provided, the site operator or anyone on its behalf.

Intellectual Property:

All intellectual property rights in the content appearing on the site and the App, including copyright rights, distribution rights, trade secrets, trademarks, and all intellectual property of any kind, which include among others the design of the site, pictures, graphic files, applications, computer code, text and/or any other material, belong to the site operator or to a third party that allowed the site to use it.

The mere entry to the site or the

App or the purchase of content in it does not grant a license and/or any right whatsoever in the content of the site and/or in part of it and/or in the site code and/or in the contents.

It is forbidden to copy and/or replicate in whole or in part, to publicly display, to distribute, to perform publicly, to transmit to the public, to change, to process or to create derivative works, to sell or to lease any part of the aforementioned contents, by any means and media whatsoever, and/or to publish and/or to broadcast publicly and/or to screen publicly and/or to sound publicly and/or to create derivative works, and/or to allocate and/or to give as a license and/or to make any commercial use in part of the site and/or in the contents, directly or indirectly, including by connecting to other reception equipment (physical, wireless, or otherwise), and in any other way without the prior written consent of the site operator, there is a prohibition on any use of the aforementioned contents and the trademarks appearing on the site and/or the site logo without permission from the site operator.

The user undertakes not to harm in any way the copyrights of the site management, whether directly or indirectly, whether for a consideration or not.

The user undertakes not to perform any action, directly or indirectly, that may harm the property rights.

Any use that infringes copyright and/or intellectual property as detailed above, will serve as a reason for closing the user’s account without any prior notice, and the user will bear all the expenses that will be caused to the site operator and/or the site’s customers and/or the user himself as a result of this use, and/or as a result of closing the user’s account, and this, without detracting from any other remedy available to the site operator by contract and/or by law. Penetrating the site’s computer system constitutes a criminal offense according to the law applicable in Israel.

It will also be clarified that there are contents that do not necessarily belong to the site operator but were given permission to the site operator to make commercial use in a lawful manner.

All that is stated in the context of intellectual property as stated above will apply and be valid even for these contents.

Using the App:

The MeCard company’s app is a marketing aid tool and the app is designed to transfer the digital business card and business details of the purchaser of the digital business card to its customers.

By installing this app, you confirm that you are aware that improper or excessive use of sending messages, whether on WhatsApp, SMS, and any other media, may cause damages such as claims, account blocking, demand for compensation, and other damages. You are required to use this app in accordance with the law and with discretion.

Sending messages on WhatsApp

Use of the MeCard app should be under the terms of use of WhatsApp and failure to comply with these terms may lead to the permanent deactivation of your account. The full terms of WhatsApp can be accessed through the following link:

https://www.whatsapp.com/legal/

To prevent WhatsApp account blocking, we recommend not performing automatic sending after a call but manually approving the message sending after each call and using the message sending in relevant cases only.

The service provider will not be responsible for blocking a WhatsApp account or any other damage caused directly or indirectly due to sending multiple messages, sending spam messages, or any other reason. The responsibility for using the MeCard app lies solely with the user and any action taken through the app is at his own discretion and responsibility.

Links and Referrals on the Site:

The site and the App may contain links and/or referrals to other internet sites and/or information sources and/or bodies and/or organizations and/or other companies (hereinafter: “Links”).

The site operator does not commit that all the links found on the site or the App will be valid and will lead to an active internet site.

A certain link on the site does not imply that the content of the linked site is reliable, complete, or up-to-date, and the site operator will not bear any responsibility in this regard.

The site operator will not be responsible for the contents, the data, or the visual elements to which the links lead and does not bear any responsibility for any outcome that will result from their use or reliance on them.

Any engagement between the user and third parties to which the links lead will be made only with those third parties, at their own responsibility and/or at their sole responsibility, and the site operator will not have any responsibility and/or obligation in connection with such engagement.

The site operator will be entitled to remove from the site links that were included in it in the past, or to refrain from adding new links – all, according to its absolute discretion.

We recommend users to carefully read the terms of use and the privacy policy of those links.

Without detracting from the foregoing, the site operator will not be responsible for any damage – indirect or direct – that will be caused to the user or his property as a result

of using or relying on the information and content appearing on sites to which he will reach through or by using or link existing on the site.

Termination of Use and Indemnification:

The site operator is entitled, at its discretion, to terminate the activity of any user in the services of the site or the App, including by blocking an IP number, and this if he does not meet any of the terms of this agreement.

If there is a violation by the user regarding these terms of use, the site operator, at its discretion, will be entitled to disclose his name and the details known to it about him in any legal proceeding, even if there is no judicial order that instructs to do so.

The user will indemnify the site operator, for any claim, demand, and/or damage and/or loss, loss of profit, payment, or expense, including interest payments and reasonable attorney’s fees and legal expenses, that will be caused to the site operator and/or anyone on its behalf by the user as a result of the fact that the user did not keep the instructions of these regulations and/or violated any law and/or rights of any third party, and/or as a result of details, information, or files that the user provided for publication, and/or as a result of his negligence, as expressed directly and/or indirectly.

The site operator does not commit that the site or the App will not be closed and/or that their activity will not be stopped temporarily or permanently and reserves the right to close the site and/or the App and/or their activity at any time according to its sole discretion.

Without detracting from the above, if factors and/or events that are not under the control of the site operator, including communication and computing malfunctions and force majeure events will delay and/or prevent the full or partial execution of the transaction, and/or the supply of the product subject to the transaction at the times determined according to the terms of purchasing the product, and/or if there are changes in the tax rates and/or levies and/or fees and/or other payments that apply to the products between the time of publishing the product for purchase and the planned supply date according to the terms of purchasing the product, the site operator is entitled to notify about the cancellation of the purchase, in whole or in part, and in such cases, the user’s credit card will not be charged for the transaction and/or if charged – his money will be returned, subject to the provisions of any law, and this will be his exclusive remedy in connection with such cases.

Assignment of Rights and Obligations

Without detracting from the above, it is hereby agreed that the site operator is entitled to assign its obligations and to transfer its rights, at any time according to these terms of use, to a third party, according to its sole discretion, including by selling, merging, and/or in any other way, as well as the management of the site is entitled at the time of transferring the right to collect debts from the user, provided that the user’s rights, according to this agreement, will not be harmed by the mere transfer of ownership.

In such a case, the user’s details in the hands of the site management will be transferred to the third party, which will receive the rights on the site, and the user agrees to this in advance.

Prohibited Uses:

The user agrees not to make any illegal use of the site and the App and also any use contrary to the conditions below, including use that may lead to harm or disabling of the site or to harm the user experience of other users of the site or the App.

The user agrees not to obtain or try to obtain any information or material included on the site by any means other than the means provided by the site to its users, and also not to collect any information about other users without their consent.

The user is not entitled to assign, grant a sub-license, or transfer in any other way or in any way whatsoever, any right from his rights or obligations under this agreement on his initiative, without prior written approval from the site operator. The site operator hereby informs that its policy is to oppose the assignment of rights and obligations of the users, on the initiative of the users, and therefore it is almost certain that it will not approve a customer’s request to do so.

Jurisdiction:

In any dispute and/or conflict between the site operator and its users, for any reason whatsoever, the exclusive jurisdiction regarding its validity, interpretation, and/or breach of this agreement is given to the competent court in Rehovot.

Additional Terms:

The prices displayed in the services, the terms of use, the number of payments, and any other data are at the sole discretion of the site operator, who will be entitled to change them from time to time, without prior notice, according to its sole discretion.

The service operates on the Internet network and therefore by

its nature depends on various factors such as infrastructure providers, communication providers, server integrity, storage, and the like, which may be damaged, stop functioning, and be harmed due to various factors. The site operator does not provide any representation or commitment regarding the integrity of the site’s operation and/or the App and/or its operation without interruptions and/or malfunctions and/or will be immune from unauthorized access to the service’s computers, damages, malfunctions, failures in hardware, software, or communication lines at the service or any of its providers or will be harmed for any other reason, and the service will not be responsible for any damage, direct or indirect, agony, etc. that will be caused to you or your property as a result.

The computer records of the site regarding the operations carried out through the site and the App will constitute prima facie evidence of the correctness of the operations.

Unless the user proved otherwise, any order of content according to the identification details of the user will be considered as an action that was performed by the user himself.

Customer Service and Contact:

For further details about the site and the App, about the services offered by it, about the terms of use and privacy policy, or any other question, you are welcome to contact the site’s customer service which will operate on Sunday-Thursday between 09:00 to 17:00 by email at the following address: info@adarim-digital.com

The inquiry should be made while stating the full details, and the site management promises to handle your inquiries promptly and efficiently.