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Using Enigmai.com website and the applications therein (the “Site” or “Content” respectively) is subject to the terms detailed hereinafter (the “Terms of Use”). Please read these conditions carefully, as by using it, you agree to these terms.
These Terms of Use shall govern any use you make in the Site and shall constitute the legal basis for any issue between you and Enigmai Ltd. (the “Company”)
These Terms of Use regulate the relationship between the Company and the Users of the Site and subject to such, Users shall be entitled, among other, to receive services granted to registered users only (including the right of use of certain application in the Site) and/or join a potential client base interested in relevant information regarding products and/or services provided by certain sellers, to joint potential sellers who are interested in providing their potential customers with relevant information regarding products and/or services and/or to offer for sale in the Site and receive information and/or content of certain type and/or kind, to execute searches etc. (jointly and severely the “Services”).
In these Terms of Use, “User” shall mean any person and/or corporation and/or entity. “Registered User” shall mean and User which has registered for the receipt of Services in the Site. The “Company” shall include its officers, employees, shareholders and any person on its behalf.
Surfing and/or entering and/or making use of the Site and/or its Services constitutes your agreement to the Terms of Use. If you do not agree to the Terms of Use, partly or all, you are not permitted to make use of the Site and/or of the Services for any reason or purpose. The Company reserves the right to amend, from time to time, the Terms of Use, at its sole discretion and without the obligation to provide any prior notice of such and any such new Terms of Use shall apply and govern the use of the Site as of the date of their publication.
In any event of contradiction or discrepancy between the Terms of Use and any other publication, of any kind or type, the provisions of these Terms of Use shall prevail. The Site is intended for personal and commercial use, all subject to the Terms of Use. The User shall keep in strict confidence and shall not disclose to others its user name and/or personal passwords.
Users interested in the use of the Services shall be entitled to register as registered users of the Site. Registration shall entitle the User, among other, to the access to certain areas which are defined as registered users areas only.
A Registered User shall be solely responsible for the safekeeping and confidentiality of his password, and shall be responsible for any use of his password, even if used without permission. The Company shall not be liable for any damage caused in respect to unauthorized use of the password of a User.
Registration to the Site shall be cancelled by a registered User, by providing written notice to the Company in accordance with the applicable registration terms.
The Company has the right to cancel immediately any access and/or use of the Site and/or the Services of any Registered User in the event of failure by such to comply with the conditions specified in the Terms of Use, this without prior or written notice to the User and without derogating from any rights available to the Company under applicable law.
Any copy right and/or intellectual property rights in the Site and/or the Content and/or the Services are the sole property of the Company and/or third parties which granted the Company the right to use such in the Site and through the Services. The Company retains ownership and all rights to all Content, logos, icons, trademarks, software, trade secrets, databases, reports, the Site applications, Services and the Site and all content therein (the “Data”).
You may not allow others nor yourself, in respect to the Site and/or the Data, change, copy, distribute, publish, develop, reverse engineering, grant a license, allow others access, sell any of the Data. Any use of the Site and/or the Data shall be for personal use only.
The Company cannot guarantee that the services on the Site will not be interfered, be provided with no interruptions and interferences and/or be immune to any unauthorized access to the Site and/or any of the Services.
The grant of the Services by the Company depends, among other, on third parties and the Company shall not be held liable for any act and/or omission of such third parties and shall not be liable to any damage and/or loss and/or expenses caused to a User or any third party following such act or omission as above.
The Company shall not be liable for the quality of the products and/or services offered for sale, their delivery and compatibility to the orders and regulations, for the publications and the information notices relating to such and/or any other service. In addition, the Company shall not be liable and/or responsible for any damage and/or loss and/or expense caused or incurred by the User following the use and/or operation of the Services and/or the Site, including but not limited to damage to intellectual property, trade names, marks, patents, protected or not including but not limited to third party data provided in the Site by third parties.
Any use and reliability of the User on any content, representation, undertaking, information, publications, service displayed and/or published in the Site are at the sole liability of the User.
The Company is not a party to any transaction executed following a publication in the Site and is not an agent in such transactions. All terms of a transaction will be directly agreed upon by the parties to the transaction. The Company shall not be held responsible for the services and products offered in the publications on the Site or purchased through the Site. All details and information published on the Site are at the publisher’s sole responsibility. Furthermore, The Company shall not be held responsible for any errors or mistakes in the information published on the Site, and it shall not be held responsible for any modifications executed by it in the published materials on the Site. The User shall hold all responsibility for his use of the services on the Site. The Company shall bear no responsibility to any damage and/or expenses, direct and/or indirect, caused to the User as a result of his use of the services on the Site.
Any publication and/or link in the Site shall not be interpreted as an offer by the Company, approval, agreement to the content and/or services offered by others. Any reliability of Users on any data, content, advertisement, products, views presented and/or published in the sites referred to by the Site, shall be at the sole liability of the User.
In the event the Company has, as an act of good will, tried to assist a user in solving any problem and/or request of a User with respect to third parties, then such assistance shall not be interpreted as imposing any liability and/or responsibility on the Company.
To the fullest extent permissible pursuant to applicable law, the Company shall have no liability with respect to its obligations under these Terms of Use and/or with respect to the use of the Site for any loss of profits or other economic loss or advantage or for consequential, special, exemplary, or incidental damages, including, without limitation, liability arising out of contract, negligence, and strict liability in tort or warranty, even if the Company has been advices of such.
In the event that an applicable court shall hold the Company liable, then it is hereby agreed that in no event shall the Company's total liability to such User for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) shall exceed the amount paid by such User, if any, in respect to the services provided to it by the Company within the preceding twelve months prior to the date of judgment.
The remedies specified in these Terms of Use will not apply if the Site and/or the Services malfunctions due to extrinsic causes, such as: (i) natural disaster, including fire, smoke, water, earthquakes or lightning; (ii) electrical power fluctuations or failures or other environmental problems; (iii) neglect or misuse of the system or any other failure to fulfill the Company's orders; (iv) any amendment or modification which has been done in the system, not by the Company; (v) amendment and/or change in an application which was not approved and/or provided by the Company; (vi) installing the system with another system, that has not been approved by the Company.
By using or accessing the Site, the User is accepting the fact that the Company may supervise the use its Users make with respect to the Site and the Services through Cookies and/or similar means. The Company may use the information collected for supervision, development, approving and maintenance of the Services on a continual basis.
The Company respects each individual's right to privacy. The Company values its relationship with the Users and its takes pride in maintaining loyalty and respect with each individual User by providing it with security.
Notwithstanding the above, the Company may disclose personal information with regulatory authorities or as required by applicable law or in the event of a merger of the Company with a third party. For example, the Company may disclose personal information to cooperate with regulatory authorities and law enforcement agencies to comply with subpoenas or other official requests, and as necessary to protect our rights or property.
When a User registers with the Site, the Company will collect personal information about it. The Company reserves the right to make use of any such information collected for the improvement of the Company Services and/or Site and in order to notify Users of products and services offered by or in the Site which the User may find interesting and the Company may send to the Users adverts. Such information and advertisements may be provided to you by the Company by way of : (a) notice to your home address, (b) notice to your e-mail address (c) notice to your mobile device; and (d) notice through automatic dialing for fax or voice notices.
Your approval above constitutes your approval to receive advertisement information pursuant to the Communication law (Bezeq and broadcast)(40 Amendment) – 2008. It is hereby clarified that notwithstanding your approval above, you shall be entitled to refuse such notices by sending a refusal notice to the Company in writing or in the manner it was sent to you.
The Company may delete content and/or links and/or Services, at its sole discretion and without provide notice of such to the Users and in addition shall be entitled to block and/or limit and/or stop the grant of Services in the event a User has made use in such a manner which can cause disturbance to the Services, other Users or which can constitute a civil or criminal act.
In addition, the Company may disconnect and/or limit the use of the Site or the Services and any time if in its sole discretion such is needed for maintenance and/or emergency re installment of application in the Site.
It is hereby clarified that nothing in the above limitations shall impose on the Company any responsibility and/or liability and/or shall derogate from the terms and conditions applicable to the Users.
The Company shall be entitled from time to time to change the look, construction and services of the Site, their availability and any other aspect related thereto, all without prior notice to Users. The Users shall not have a right to claim against the Company in such event.
These Terms of Use are governed by the Israeli Law. The exclusive jurisdiction over any litigation related to and/or resulting from the Site and/or its use is given to the competent courts in Tel-Aviv-Jaffa, Israel..
Just a note: Enigmai's services will remain free until Enigmai will decide otherwise. If Enigmai will decide to end free accounts activity then a message will be sent to account owners with a 30 days’ notice.
During those 30 days account owners will be able to upgrade their status to paying customers.