The mobile application – GroupCal (the “Application”), all linked pages, and the associated website available at www.groupcal.app (collectively with the Application, the “Site”) are owned and operated by 24me Ltd. (“24me”). 24me offers tools and services through the Application to manage calendar items. It might link and create accounts on third party services to provide additional functionalities such as: gifting services or other services that will be added by 24me (the “Services”). 24me hereby grants you a limited, revocable, nonexclusive royality free license, to access and make personal use of certain tools and services of the Site under these Terms of Use described herein (“Terms of Use”). 24me might offer added value tools and services for which 24me may charge separetly. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of 24me.
Acceptance of terms.
The following Terms of Use outline your obligations when using the Site. Please read these Terms of Use carefully before using the services offered on the Site. By accessing the Site and/or using any part of the Site or any content or services on the Site, you agree to become bound by these Terms of Use, all applicable laws and regulations governing the Site as well as the terms and conditions of our Privacy Policy which outlines 24me’s obligations and practices towards handling any personal information that you may provide to 24me. If you do not agree to all the Terms of Use, please do not access the Site or use the content or any services of the Site.
Content.
All content on the Site is the property of 24me and is protected by U.S. and international copyright law, including, but not limited to all graphics, code and software incorporated into, used on, or offered via the Site, service and trademarks. You may not reproduce any portion of the site without the express written permission of 24me. All content included or available in connection with the Site, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by 24me or the licensors or suppliers of 24me and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved.
Trademarks and intellectual property rights.
Certain marks used on the Site are registered trademarks or service marks of 24me. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks or service marks of 24me. 24me trademarks and service marks may not be used for any commercial or other purposes by any party other than 24me without the prior written consent of 24me.
You will not: (i) use the Site for any purposes other than for intent it has been designated for; (ii) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Site; (iii) use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site; (v) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or (vi) modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law. Without limiting the foregoing, no Content on the Site may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of 24me or the appropriate licensor or supplier. Any questions , feedback, comments, ideas, suggestions that you send to 24me will be treated as being non-confidential and nonproprietary, and 24me will be free to use such information for any purpose whatsoever including services incorporating the information. Any submission to a Site shall be deemed and remain the property of 24me as further set forth in this Section.
User Content.
You agree not to submit, transmit, or otherwise make available in any manner, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false email address or otherwise provide information that would be misleading as to the origin of such content. Though 24me does not regularly review content you submit to the Site, 24me reserves the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that 24me finds objectionable for any or no reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Site and that use of such content does not violate these Terms of Use.
Third Parties Sites.
The Site may include links or references to other online services (such as: Jifiti.com, Facebook.com or other websites that will be added later on by 24me) or the Services or may be referenced by other sites solely as a convenience to you (“Reference Sites”). 24me does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites and access and use of Reference Sites, including the information, materials, products, and services on or available through such Reference Sites shall be solely at your own risk. Moreover, by using the services of these Reference Sites you expressly authorize to access third party information, and also expressly confirm aboding by these Reference Sites terms of use. You acknowledge and agree that 24me has the right to anonymously track and report your activity with regard to the Application. In order to use the above mentioned services you might be required to provide a username and password for some of your online accounts. By using the Reference Sites services you expressly authorize 24me to access the account information on your behalf and as your agent, solely for the purpose of providing these services to you. Each time you add a new account in order to use the services, you will be directly connected to one of the Reference Sites. Once you have added an account through your use of one of the Services, 24me will submit information, including usernames and passwords that you had provided in order to log you into the one of the Reference Sites. You hereby authorize and permit 24me to use and store account information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with the Reference Sites for which you submit your account information. You acknowledge and agree that when 24me is accessing and retrieving information from the Reference Sites, 24me is acting as your agent, and not as the agent of or on behalf of the third party that operates the third party site. The services are not sponsored or endorsed by any third parties accessible through the services.
All weather forecast information is provided by weather providers. You should treat the weather forcase informtion as an estimate only. You will hold harmless 24me from any liability, damage or cost arising from any use of the weather forecast service provided by 24me.
YOU EXPRESSLY AGREE THAT USE OF THE WEATHER SERVICES IS AT YOUR SOLE RISK. NEITHER 24ME, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, COVERED PARTIES) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. IN NO EVENT WILL COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, (I) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, OR (II) ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO THE SERVICES, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
Dealings with third parties.
Please note: Some of our Services are supported by advertising revenue and may display advertisements and promotions. You hereby irrevocably agree that we may place such advertising and promotions on our Site and/or the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to our sole discretion, and we will not be obliged to give you any notice whereas to such changes in the advertising and promotions abovementioned. 24me does not endorse, warrant, or guarantee the Services available through the 24me Offers (or any other third-party Services advertised on or linked from our Site), whether or not sponsored, and 24me is not an agent or broker or otherwise responsible for the activities or policies of those web sites. 24me does not guarantee that offers from any particular advertiser or other third are actually the terms that may be offered to you if you pursue the offer or that they are the best terms available.
Use of services.
Accurate records allow us to provide you with the Site and Services. You must provide current, true, complete and accurate information regarding your accounts maintained at the Reference Sites, and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information accurate and up to date. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
Your right to access and use the Site, the Reference Sites and the Services is personal to you and is not transferable by you to any other third party, person or entity, and you may only access and use the Site and Services for lawful purposes.
Any fees applicable to your use of the Services will be charged regardless of whether or how often you use the Services during each period for which you have subscribed to the applicable Service. You agree to pay fees for the all Services you use or subscribe to as described on the Site or the Reference Sites. There may be charges for additional transactions and other optional services that you elect to use.
In order to allow you to use the Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include requiring you to take steps to confirm ownership of your email address or financial instruments, requiring you to provide an identification number, ordering a credit report, verifying information you provide against third party databases or through other sources, or asking you for further information. If you do not provide this information or we cannot verify your identity, we may refuse to allow you to use the Services or the Site.
Electronic Communications.
When you visit the Site or send emails to 24me, you are communicating with 24me electronically, and therefore 24me hereby takes this as your consent to receive communications from 24me electronically (“communications”). By doing so you agree that all agreements, notices, disclosures and other communications that 24me provides to you electronically satisfy any and all legal requirement that such communications be in writing. The categories of Communications that may be provided by electronic means include: These Terms of Service and any amendments, modifications, or supplements, records of any payment and other transactions you handle through the Site or Services, including payment histories and transaction confirmations, Any customer service communications, including communications with respect to claims of error or unauthorized use of the Site or Services, Any other communication related to the Site or Services, Disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
An electronic Communication by email is considered to be sent at the time that it is directed by 24me’s email server to your email address. All Communications will be deemed to have been received by you no later than 24 hours after we send it to you by email or post it on the Site, whether or not you have received the email or retrieved the Communication from the Site. You agree that these are reasonable procedures for sending and receiving electronic Communications. You agree to update your account records with us if your email address changes so that we may contact you electronically. You may update your account records, such as your email address, as described in the Changes to Your Information section of these Terms of Service. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, 24me will be deemed to have provided the Communication to you. Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Site or Services.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account as described in the Term and Termination section of these Terms of Service and stop using the Site and Services. There are no fees to close your account with us.
Member account, password, and security.
As part of using the Services, You may be asked to provide a username and password (your “Site Credentials”), and other personal information, while going through the checkout process or otherwise. The Site Credentials, or any other information, are provided to 24me as part of 24me’s security procedures. You must treat such information as confidential and you must not disclose it to any third party. We strongly recommend that you enable password-protection and other security features that may be made available on the Site. You will be responsible for any losses incurred as a result of unauthorized access due to a failure to keep your username and password secure. We have the right to disable any username or password, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. If you believe that your Site Credentials or device that you use to access the site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transfer occurs you must notify us immediately in order to minimize your possible losses. 24me contact information: Email: support@groupcal.app
Terms and Termination.
We reserve the right to suspend or terminate your account and/or your access and use of the Site and/or the Services, at our sole discretion, should you fail to meet the requirements set forth in these Terms of Use. If you wish to terminate your account, you may do so by (i) notifying us at any time, or (ii) closing your accounts for all of the Services which you use, where this option has been made available to you. To terminate your 24me account, send an email to support@groupcal.app with your request. If you violate these Terms of Use, or otherwise create possible legal exposure for 24me, 24me reserves the right to deny your access to the Site or to any service provided by the Site. 24me will notify you of such act. The provisions of these Terms of Use shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions. These Terms of Service will be in effect from the date you first access a Site. The termination of your account with 24me shall not affect any fees or charges already due to us from you. 24me may, also, in its sole and absolute discretion, and at any time, discontinue providing any Site or Service, or any part thereof, with or without notice. You agree that any termination of your access to a Site or Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that 24me may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files, the Site, or the Services by you. Further, you agree that 24me shall not be liable to you or any third party for any termination of your access to the Site or the Services.
Disclaimer of Warranties and Limitation of Liability
24me makes no representations or warranties of any kind express or implied, as to the operation of the Site or the information, content, materials, or software included on the Site, and you expressly agree that your use of the Site including all services therein is at your sole risk.
24me does not guarantee that the Site will be error-free, uninterrupted, or that it will provide specific results from use of the Site or any content, search or link on it. Your access and use of the Reference Sites or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that 24me, in its sole discretion, may elect to take. In no event will 24me be liable to any party for any loss, cost, or damage that results from any period of downtime of the Reference Sites or Services. The Site and its content are delivered on an “as-is” and “as-available” basis. 24me will not be liable for any damages of any kind arising from the use of the Site, including without limitation, direct, indirect, incidental, punitive and consequential damages. 24me makes no guarantee of any specific result from use of the Site.
To the extent permitted by applicable law, the Site and any Services that are provided without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, system integration, data accuracy, quiet enjoyment and freedom from viruses non infringement or other harmful code. The information contained on the Site including without limitations any email that is sent to you with relation to your activities in the Site is believed to be reliable; however 24me does not warrant its completeness, timeliness or accuracy. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions. You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. 24me makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. 24me will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in the Site. Unless and to the extent the applicable law prohibits this limitation, 24me is not and shall not be liable for any consequential, special, incidental, or indirect exemplary, or punitive damages, or for lost profits, revenues or business opportunities of any kind arising out of your use of the Site, any email sent by 24me or use of a service offered via the Site, even if 24me has been advised of the possibility of such damages. In the event that an applicable court shall hold 24me liable, then it is hereby agreed that in no event shall 24me’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, in respect to the Services provided to you through the use of the Site within the preceding twelve months prior to the date of judgment.
The service is not intended to provide legal, tax, or financial advice. 24me is not a financial planner, broker, or tax advisor. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Indemnity.
You will indemnify and hold harmless 24me, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) arising from any claim or demand made by any third party due to or arising out of your access to the Site, use of the services provided by the Site, violation of these Terms of Use, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Modifications.
24me reserves the right, at its sole discretion to make changes to these Terms of Use at any time, effective immediately upon publication of amended Terms of Use and without prior notice. Your continued use of the Site or after 24me makes any such modification, constitutes your binding acceptance of those amendments. If any of the Terms of Use herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed sever able and shall not affect the validity and enforceability of any remaining Terms of Use.
24me reserves the right to refuse in good faith to process any order including without limitations based on errors as to pricing, availability or other material facts.
Posting Terms of Use.
the following posting terms of use shall apply in respect to the Site and/or Reference Sites which allows users to upload or transmit any information, images, photos, video, audio location data, or other material or communications such as user-generated content including comments and forum messages and any information that you may upload to your user profile, uploaded photographs, via or in connection with the Reference Sites. By posting or submitting any kind of comment or any other type of submission to a Site (each a “Comment”), you hereby irrevocably grant to 24me all rights, title, and interest of every kind and nature whatsoever, including all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including all derivative rights) in and to the Comment, and any ideas, concepts, or elements embodied therein, for use in any manner or venue and for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing 24me and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. 24me shall have the right, in its sole discretion, to edit, duplicate, or alter the Comment in any manner for any purpose that 24me deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Comment. You further agree that you shall have no right of approval and no claim to compensation in connection with the Comment. By posting or otherwise submitting a submission, you represent and warrant to 24me as follows: (a) you are voluntarily submitting the Comment; (b) you understand that no copy of your Comment will be returned to you; (c) the content of the Comment is previously unpublished and is original to you (or, if you are not the person that created the Comment, the person who created the Comment has granted to you all rights necessary to allow you to grant to 24me the rights granted pursuant to these Terms of Service); (d) the Comment does not disparage 24me or its competitors; does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including any celebrities) or any non-24me trademarks; (e) the content of the Comment is not the subject of any actual or threatened litigation or claim; and (f) neither the Comment, nor the use of the Comment by 24me in any manner, venue, or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing 24me and its services) will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify and hold harmless 24me from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder. 24me shall have no obligation (expressed or implied) to use (or post) the Comment or to otherwise exploit the Comment or, if commenced, to continue the distribution or exploitation (or posting) thereof, and 24me may at any time abandon the use (or posting) of the Comment and/or remove the Comment from the Site for any reason in its sole discretion. You shall not be entitled to any damages or other relief by reason thereof. You hereby acknowledge and agree that the relationship between you and 24me is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Comment to 24me does not place 24me in a position that is any different from the position held by members of the general public with regard to elements of the Comment. You acknowledge and agree that 24me does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Comment.
Copyright policy.
we respect the intellectual property (“IP”) rights of our users and we ask them to do the same. If you believe that your IP is being used on the Site in a way that constitutes copyright infringement, please provide us a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The information specified above must be sent to our office: 24me, Ltd. Attention: CEO 8 Hacarmel St, Ganey Tikva, Israel Email: support@groupcal.app
Please do not make false claims. Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material. Upon receipt of a bona fide infringement notification, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service. If you believe that your content should not have been removed for alleged copyright infringement, you may send our office a written counter-notice with the following information: Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal, a statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and, your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Changes to your information.
You agree to keep your profile information updated, including, your name, street address, email address, and account information. For instructions on how to update your information, please email us at support@groupcal.app 24me. 24me is not responsible for any payment processing errors, fees or other Services-related issues arising from your failure to keep your account information current.
Applicable Law.
These Terms of Use shall be governed by the laws of the state of Israel, excluding its conflicts of law provisions. You agree to submit to the jurisdiction of courts sitting in the State of Israel for all purposes. Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in Tel-Aviv Jaffa, Israel
Terms and Conditions of Sale
1. Sale and Purchase of Goods or Services
24me (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods and/or services of the description and quantity described in the Site and incorporated herein by this reference (“Goods and/or Services”) on the terms and conditions set forth in this Agreement. Illustrations, photographs or descriptions issued by the Seller are intended as a guide only and the contents shall not be binding on the Seller.
1.1.Payment Processing
Payment processing services on Application are provided by Apple, Google, and Paddle.com, and are subject to Paddle’s Terms of Service (“Paddle Services Agreement”). By agreeing to this agreement or continuing to operate on the Site, you agree to be bound by the Paddle Services Agreement, as the same may be modified by Paddle from time to time. As a condition of the Site enabling payment processing services through Paddle, you agree to provide the Site accurate and complete information about you and your business, and you authorize the Site to share it and transaction information related to your use of the payment processing services provided by Paddle.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods and/or Services as posted on the Site. The prices posted on the Site include VAT prescribed by law unless expressly stated to the contrary and also includes shipping charges.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and a half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
4. Delivery
Unless otherwise agreed in writing, delivery of goods shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
5. Limited Warranty
Buyer assumes full responsibility for selection of the Goods and/or Services, their application and use and results there from. The Goods and/or Services are sold AS-IS, without any undertaking or warranty of any kind of Seller. Goods are warranted only in accordance with the limited warranty of the manufacturer of the Goods supplied, as the case may be, if any. Buyer acknowledges that the Seller is passing through to Buyer only the manufacturer’s warranty for the Goods, if any, and that Buyer shall look solely to the manufacturer of the Goods for all warranty claims, defects and the like. Buyer hereby waives, releases and renounces all other warranties, obligations and liabilities of Seller and acknowledges that the SELLER MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED AND MAKES NO WARRANTIES OF MERCHANTABILITY, RELIABILITY OR ACCURACY OR NON-BREACH OF INTELLECTUAL PROPERTY RIGHTS OR ANY WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
6. Return Policy
Seller offer refunds or exchanges only if the Goods arrive damaged to Buyer and within fourteen (14) days of Goods’ arrival to Buyer. If you’ve received damaged Goods, please email to support@groupcal.app and provide the following details:
1. Sender Name;
2. Gift Item;
3. When the gift was received.
We will reply within 24 hours with refund instructions.
7. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or Services or that the Goods or Services will be fit for any particular purpose for which Buyer may be buying the Goods or Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS OR SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
8. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods or Services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
9. General
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods or Services, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Israel, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the competent courts of Tel-Aviv, Israel and hereby waives any objection to such jurisdiction and venue. Notwithstanding anything to the contrary in the aforesaid, the Seller reserves the right to initiate proceedings against the Buyer and/or anyone acting on its behalf in any other court of competent jurisdiction.