TERMS OF USE
Last updated: October, 2020
These terms Of Use ( “Terms of Use” or the "Terms") are a legally binding agreement between Tabatoo Ltd. (“Tabatoo ”, “we”, “us”, or “our”), and you, a user of Tabatoo's informative website (“You” or the "User" and the “Site”, respectively). When you access and use the Site and Services (as defined below), these Terms will rule and apply. We recommend you to read these Terms carefully and seriously.
- Acceptance of these terms
By using our Site or Services you acknowledge that you have read, understood and agree to these Terms. You agree to be committed and to fully comply with these Terms of Use, to comply with all applicable laws and regulations regarding the use of Tabatoo 's Services and you acknowledge that these Terms of Use constitute a binding and enforceable legal electronic agreement between you and Tabatoo .
You further represent and guarantee that:
- You are eligible to enter into these Terms of Use, or;
- Where applicable, you have all proper allowance to enter into these Terms of Use;
- You are not defined as a “child”, or other similar term, in your jurisdiction and especially you are not under the age of 16.
Tabatoo encourages you to review Tabatoo Ltd. Privacy Policy prior to using the Services or accessing the Website. Tabatoo respects privacy rights and thus, handles and stores your data solely for the purpose of providing and performing the Services. Tabatoo reserves the right to amend or update these Terms of Use at our sole discretion and at any time; such updates or changes will be effective immediately upon the display of the revised Terms. The date of the last revision will be reflected in the "Last Updated" above. The continued use of the Services following such amendments constitutes the user's acknowledgement and consent of such updates and amendments to the Terms of Use and its agreement to be bound by them. In the event of a material change, Tabatoo will make its best efforts to provide the user with a written notification by appropriate means of communication.
- Our Services
Tabatoo provides its users with an inclusive information and resources about Tabatoo ’s business operation and any other content related thereto, including, contact information, text, logos, images, button icons, download files, links, documentation, other specialized content, data, and other features (the “Content”). Moreover, you can contact us via the communications means which the Site provides if you have any question, if you wish to be a partner of Tabatoo and be provided with information in this regard, or if you wish to receive notifications by email (collectively with the Site and Content shall be referred to as “Service”).
- Third parties' websites
Our Content may include links to third parties’ websites and resources not operated or owned by Tabatoo . Tabatoo has no control over third parties’ websites, and is not obligated to monitor them.
Please note that by entering third parties’ websites, you will be subject to their terms of use and privacy policies, thus Tabatoo recommend you to review the applicable terms and policies, verify their practices and restrictions.
TABATOO EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON TABATOO’S SITE, WHICH IS AT YOUR OWN RESPONSIBILITY AND RISK.
- Intellectual Property
The Service is owned by Tabatoo, including, but not limited to, any trade names, trademarks etc. Except as expressly provided here, no license, right, interest or title to the Service shall be licensed to you, and Tabatoo and its partners reserve any and all rights, title, interest and ownership of the Service. The User shall not use Tabatoo’s trademarks, copyrights, trade names, or other intellectual property in any way except to the limited extent as expressly agreed in these Terms of Use.
- Your representation, warranties
You hereby represent and warrant as follows:
- you will comply with any and all applicable laws, regulations, administrative guidelines, ordinances and orders , and the terms of use of all applicable third party;
- you shall not, nor authorize, accept agree, or encourage any third party to:
- alert, remove, deface, or obscure the Service or any Content therein including any trademarks, copyright notices, or other proprietary rights provided as part of Tabatoo's Service;
- use the Services in non-compliant, illegal, fraudulent or improper way;
- disable, circumvent, or any other interfere with security-related to of the Service or prevent others from using them;
- use the Service for benchmarking purposes;
- change, alert, create a derivative work of, reverse engineer, demount the Service;
- use Tabatoo's Services to promote, contribute or conduct to fraudulent, illegal or any other inappropriate activities, such as deceptive impersonation;
- access, use, or attempt to access Tabatoo 's Services with any automated means, such as robots, scrapers, etc.;
- claim any proprietary rights in or to the Content nor obscure, remove, or alter any notices of proprietary rights or disclaimers appearing in or on Tabatoo's Site and Content;
- use Tabatoo ’s name, logo or trademarks without receiving prior written consent;
- rent, lease, resell, assign, transfer any right, share or any other commercially exploit or make the Service;
- any other use of Tabatoo's Services in any unlawful and illegal manner, in a breach of third parties’ rights or Tabatoo 's rights, including privacy rights and intellectual property rights , or in breach of these Terms of Use;
- Disclaimer of warranties:
Except as expressly specified in these Terms Of Use, the Service is provided on an "as is" and "as available" basis with no warranties of any kind, express or implied, included, without limitation, any warranties, representations, and conditions of merchantability, title, non-infringement, fitness for a particular purpose, and those arising by statute or from a course of dealing or any usage of trade, , suitability, marketability incompleteness, or applicability of the Content. You agree that Tabatoo shall not be held responsible for any decision made or action taken or not taken based on the Content, and for any loss or damage that may be caused as a result of relying on the Content. Tabatoo makes no warranties or representation that the Service is or will be available for use in a particular location or at any specific time. Except as expressly stated herein, Tabatoo does not make any warranties, representations, or conditions of any kind, express or implied, as to the security of any information you may share or activities you engage in during the use of Tabatoo's Services. Please note that the use of the Service is at your own risk and responsibility. However, certain provisions of applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- Limitation of liability
THE USER AGREES AND ACKNOWLEDGES THAT TO THE FULLEST EXTENT PERMITTED BY LAW, TABATOO ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, OFFICERS, EMPLOYEES AND DIRECTORS, , COLLECTIVELY: “TABATOO'S GROUP”), AS WELL AS ITS SUPPLIERS, DISTRIBUTORS, THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST OF PROFITS, LOSS OF DATA, INTERRUPTION, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE EVEN IF TABATOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TABATOO SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PROVIDE, OR DELAY IN PROVIDING OF, ANY OF TABATOO'S OBLIGATIONS IN THESE TERMS OF USE THAT IS CAUSED BY AN EVENT OUTSIDE TABATOO'S CONTROL (I.E ANY ACT OR EVENT BEYOND TABATOO REASONABLE CONTROL). IN NO EVENT SHALL Tabatoo ’S GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND THE SERVICE, SHALL EXCEED $500 US DOLLARS.
- Termination
The parties are entitled to terminate these Terms of Use and the Services at any time. If the user wishes to terminate the use of the Services, the user may do so simply by stopping the use of the Site. Tabatoo may terminate these Terms of Use and to stop you from using all or any part of Tabatoo's Services at any time, for any or no reason and with or without notice. Tabatoo may alert, modify, suspend, stop or discontinue any aspect of the Service at any time without any liability and without a notice
- Indemnification
You agree to indemnify, defend, and hold harmless Tabatoo and Tabatoo's Group from any third party damages, claims, liabilities and expenses, including reasonable attorney’s fees arising from (a) the use of Tabatoo's Services does not comply with these Terms of Use including negligence and wrongful act; (b) abusing or violating third party rights through Tabatoo Services; and (c) the user's breach of any applicable law, regulation and policies. The obligations under this section will survive the termination or expiration of these Terms of Use and the termination of the use of the Services.
- General
- These Terms of Use constitute the entire understanding between the user and Tabatoo in connection with any use of the Services..
- The Terms Of Use shall be interpreted, construed and enforced in accordance with the laws of the State of Israel and the user hereby agrees to resolve any dispute you have exclusively with the competent court in Tel Aviv, Israel. Any cause of action the user might have in connection with the Service of Tabatoo is limited in time to one (1) year from the arising incident, and shall be permanently barred afterwards.
- If any provision of these Terms of Use is held to be unenforceable, a change in the provision will be made if necessary to make it enforceable, and this decision will not affect the enforcement of such provision in other circumstances, or any other provision of these Terms of Use under any circumstances.
- Any failure of Tabatoo to enforce any of its rights or to take any action against the user in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of any future breaches.
- The relationship between you and Tabatoo Ltd. is that of an independent contractor, and nothing in these Terms of Use is intended to, or should be construed to; create any other partnership, employment, agency, or joint venture relationship. These Terms of Use and any right granted herein may not be assigned by you without the prior written approval of Tabatoo . Tabatoo may assign its rights and obligations set forth in these Terms at any time, at its sole discretion.
For any further information or questions, the user can to contact Tabatoo at:
+ 1 (833) 766-5480, or via email at: support@tabatoo.com
Hamenofim St 11, Herzliya 4672562, Israel