PLEASE READ THESE TERMS OF SERVICE CAREFULLY. PLEASE NOTE THAT BY ACCESSING OR USING THE SERVICES, YOU HEREBY AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL OF ITS ASSOCIATED TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES.
1.1. These Terms and Conditions(the: “T&C”) are deemed a binding agreement between the client and Mobile Advertising Consultants Ltd (the “Company”). By using or otherwise accessing the Services or clicking to accept or agree to these Terms and Conditions where that option is made available, client agrees for eligibility for use of the Services and that client has read, understood, and accepted these Terms and Conditions.
2.1 inmysphere.com (the “Website”) is owned and operated by the Company _Mobile Advertising Consultants Ltd, having its registered address in Shaar binyamin, Israel.
3.1 The Website is an open platform, in which it presents and exhibits a comparison table and user ratings with respect to a variety of products which are sold on e-commerce websites for various purposes. The company simply displays products which it marketing on its behalf and\or on behalf of the websites selling the products and in no case should be seen as a party handling the sale of such product\s.
3.2 The Company provides the information and user reviews as well as relevant rankings which are provided to the client for the purpose of conducting its purchase decision. Non of the information or ratings indicated on the site should be seen as recommendation by the Company or the Website for the purchase of the relevant product displayed on the site.
3.3 The Company does not and will not provide financial advice, recommendation, or analysis with respect to any of the products displayed on the site.
3.4 Please note that in any case in which you have been provided with product information and/or if you have been contacted by a third party claiming to be on behalf of the Company offering you with any information, requesting you for personal or financial information, you are hereby advised to stop any communications with such party and inform the Company email@example.com
4.Disclaimer of Services
4.1 The company and its associated website\s is an Amazon affiliate and as such does not handle any direct communication with the seller and\or the buyer of any such product\s displayed on the site. Any commissions paid to the Company are for the introduction of clients to purchase any products or goods displayed.
5.1 You are allowed to use the Services offered on the Website, only if you are over the age of 18 years and eligible for the Services in accordance with the law of your residence and/or domicile. The Company has no obligation or capability to verify whether you are eligible to use the Services and the Company shall not assume any responsibility with respect to your use of the Services.
6.1 You hereby agree to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the services and/or arising from any violation of these Terms and Conditions and/or the Company’s policies.
6.2 The Company reserves the right, at its own expense, to assume exclusive legal defense and control of any matter otherwise subject to indemnification by client and, in such case, client agrees to cooperate with the Company in the legal defense of any such matter as may be requested by the Company.
7.Warranties and Representations
By entering these Terms and Conditions client warrants and represents that:
7.1 Client has full capacity to contract under applicable law; and to be a user of the Website.
7.2 Client will not be furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of the Website.
7.3 Client will not use the Website for illegal purposes, including money laundering of criminal proceeds, transfer, or receipt of payment for planning, preparation, or commitment of crime, for financing the terrorism and illegal trade.
7.4 Client will not use the Website for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company.
7.5 Client will be complying with and obeying all applicable laws, including but not limited to securities and capital market legislation, anti-money laundering and counterfeiting terrorism, consumer protection laws, and financial promotion.
8.Warranties; Exclusion of Liability; Indemnification
8.1 The Company will not be liable for the outcome of the clients’ sharing sensitive information with 3rd parties.
8.2 The Company will not be liable for the outcome of the clients’ usage and/or sharing of his personal information and/or of the information.
8.3 The Company and its affiliates make no representations or warranties of ether express, implied, statutory, or otherwise regarding the Platform, including any warranty that the Services will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged.
8.4 Except to the extent prohibited by law, the Company and its affiliates disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of the Services.
8.5 The Company shall have limited responsibility for any errors or omissions in performance of the Website solely associated with direct losses encountered due to the actions of the Company with respect to the Website.
8.6 The Company has no control over, or is responsible for, any products or Services that client may choose to purchase from any third-party source displayed on the Website. Should the Client experience problems or disputes with a product/merchandise, or service, purchased from a third-party, the Client should address it to the merchant from whom the services/merchandise were acquired, and the Company will have no liability concerning it.
8.7 The Client’s use of the Website is at their own risk.In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the client’s actions use of the Website, the delay or inability to use the Website for an extended time period which is outside the normal course of business.
8.8 The Company makes no representation that Services can be received and are applicable or appropriate for use in all jurisdictions.
9.1 The Company bears no liability for determining whether taxes apply to any of client’s transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.
9.2 The company will never request any additional payments from Clients as part of their refund policy to cover taxes. Clients should consult with a qualified accountant regarding tax matters.
10.1 Client may not transfer or assign these Terms and Conditions or any rights or obligations he/she has under these Terms and Conditions without our prior written consent.
10.2 The Company reserves the right to assign or transfer these Terms and Conditions and the rights and obligations under these Terms and Conditions to any third party at any time with the provision of a prior written notice made to the Client and on the basis of such, Client may elect to opt-out of these Terms and Conditions and terminate his use of the Website.
10.3 If client objects to such transfer or assignment, client may stop using the Platform and terminate these Terms and Conditions by contacting the Company.
11. Jurisdiction and Applicable Law
11.1 The Terms and conditions and any legal relationship between the Parties arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules.
11.2 The Parties settle all their disputes arising out of or in connection with the Terms and conditions in accordance with the laws of the State of Israel.
12.1 The Parties agree to try in good faith to settle through negotiations any dispute, disagreement or claim arising out of or in connection with execution, termination or rescission of these terms and conditions.
12.2 Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred, having the Parties agreed to the occurrence of an arbitration which shall have theseat, or legal place, of arbitration shall be Tel-Aviv, Israel. The language to be used in the arbitral proceedings shall be English. In the case in which the Parties will fail to agree on an arbitration to be taken into place, the Parties shall submit their claims to the applicable courts locates in Israel.
13.1 All communications and documents to be made or given pursuant to these Terms and Conditions must be in the English language.
13.2 These Terms and Conditions constitute the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of these terms and conditions.
13.3 If at any time any one or more of the provisions of these terms and conditions is or becomes illegal, invalid, or unenforceable in any respect under any law of any jurisdiction neither the legality, validity, or enforceability of the remaining provisions of these terms and conditions nor the legality, validity, or enforceability of such provision under the law of any other jurisdiction shall be in any way affected or impaired as a result.
13.4 Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.