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Website Terms of Use

  1. general

Welcome to the "Net-Kids" website (hereinafter: "the site"), owned and managed by Vared Carmel, including through any legal entity it chooses to establish as well as its employees, representatives or anyone acting on its behalf (hereinafter: "Site management“).

The conditions detailed in this document constitute a binding agreement between you and the website management, regarding the use of the website and the purchase of the services offered to you on it.

The provisions of this document will apply to any use and purchase made by you on the site and will form the legal basis for any discussion between you and the site management. Therefore, you are requested to read this document in its entirety and carefully.

Browsing the website, including listening to and/or viewing the content offered to you and/or purchasing a product and/or using the services offered therein, constitute your agreement to accept the full terms detailed in this document, therefore, if you do not agree to any of its terms, you may not use the website or its services .

The terms of use are worded in the masculine language for convenience, but are addressed to both genders.

These terms of use may change from time to time, in accordance with the sole discretion of the website management and without the need to provide any notice in advance. In the event of such a change, the latest terms of use will be published on the website, and the full responsibility for knowing these terms of use, as updated from time to time, applies, at any time, to you alone.

  1. the right/ Eligibility to use the site

The use of the website and the ordering of services through it, even if the contents themselves are intended for viewing by children, is not intended for those who are not qualified to perform legal actions without authorization. Therefore, the minimum age to use the site is 18. The site management will consider any use made on the site as being made by someone who is qualified to make it and any other use will be considered as made with the approval and guidance of the guardian or parent, as the case may be.

As long as you approve the terms of use detailed in this document, you may register on the website in order to make purchases on it.

  1. rights create

The website provides a convenient and online platform for broadcasting and/or marketing content and products related to children (and it is possible that in the future the activity of the website will also be expanded to additional content, according to the discretion of the website management).

The website and all the information, products and content contained therein and the services offered therein - including and without detracting from the generality of the said: trademarks, names, designs, texts, illustrations, graphics, sounds, graphics, video clips, software applications, graphs, stories and images - are all protected by rights Creators and intellectual property rights of the website management or of content providers on its behalf.

The contents and/or products are intended for your enjoyment and personal use only, whether they are offered to you for viewing and/or listening for free or for a fee, and you may not make any other use of them, and in general, you may not copy the services or their content, modify, distribute, broadcast, display publicly, perform publicly, transfer to the public, publish, process, create derivative works, transfer, sell or rent and store the content of the website and any other content received through it, Partially or fully, temporarily or permanently, without the express consent of the website management, in writing and in advance.

This agreement grants you permission to use the site in accordance with the terms of use only and is conditioned on your commitment that you will not perform or be involved in the performance of actions that violate these terms of use, and in particular actions that result in the violation of intellectual property rights.

  1. invitation on the site

When you make your first order on the website, you will be asked to enter your name, your e-mail address, mobile phone number and possibly other details as needed, and you will be asked to create a password in order to create a personal account on the website, in the place designated for this purpose on the website. In your next purchases, you will be identified by the email address and password you chose.

When making a purchase, you will be asked to enter the payment method. Also, you must make sure that your details, as they appear on the website, are still up to date. If the details you provided when placing the order turn out to be incorrect, the website management is not obligated to deliver the products. In the event that the products are returned due to incorrect details you provided, you will be charged for shipping fees (in the case of a physical product) and handling fees.

After placing the order, a confirmation will be sent to you by email regarding the receipt of your order details. This confirmation does not oblige the website management to deliver the products you ordered and is only an indication that the order details have been received. If you have not received confirmation of the receipt of the order within two days of its execution, it must be assumed that the order has not been received on the site. In this case, please contact via email Info@netkids.co.il‏

A final confirmation regarding the order will be sent only after checking that the payment using the payment method you entered on the website has been approved by the credit company, PAYPAL or BIT, as the case may be, as well as checking that the product you ordered is in stock (in the case of a physical product only). In the case of online content purchase - after confirmation of payment from the credit card company, PAYPAL or BIT - will send you by e-mail, a link to download the song/video you purchased.

The purchase of certain services or the possible duration of time for the realization of a purchase or use of certain services that you purchase on the site, may be limited in time, according to the conditions that will be published on the site and on the order details.

Purchasing a subscription to certain services and/or purchasing a content package will give you access to some or all of the content offered on the website. The company may change, at its sole discretion and without prior notice, the content offered to subscribers as well as the amount and types of content of the services available to different categories of users and subscribers, and may increase or decrease the scope of content and services provided to paid subscribers, in a reasonable manner. It will be clarified that subscribers and users will not receive refunds following these changes.

The site management may periodically make changes to the structure of the site, including the content and/or services, as well as take down the site or parts of it for a certain period of time or permanently, all without being required to inform you in advance. This does not affect the validity of orders placed by you on the website, prior to the date of making the aforementioned changes.

The website management makes every effort to provide you with the best service, but it cannot guarantee that there will be no technical malfunctions and/or human errors. In the event that you have been charged by mistake, you are requested to contact the email info@netkids.co.il as soon as possible, and the website management will act in your favor.

  1. prices

The prices displayed on the website include VAT. The site management reserves the right to change the price that appears on the site, to offer sale prices under certain conditions, in accordance with the publications on the site, without prior notice and without the need to provide an explanation. In any case, it will be clarified that the final price at which you will be charged as part of the purchase, is the price that will be specified in the confirmation of the order, which will be sent to you by email.

The clearing mechanism is an automatic mechanism and is not the responsibility of the website administration.

In the case of purchasing a physical product, the shipping cost appears inShipping costs page (currently no deliveries)  and does not include particularly heavy shipments. In such a case, the price of shipping the package will change according to the weight of the package, regardless of the shipping cost as recorded in the order. In any case of this type, the website management and/or someone on its behalf will inform the customer before sending the order. It is clarified that in most cases, the physical products purchased through the site will actually be sent by suppliers who cooperate with the site management, therefore in the event of a problem with the arrival of the shipment - the site management will refer you to the relevant supplier, and you hereby waive any claim and/or claim against the site management .

  1. you stopped The service is provided by the site management

The website management reserves the right to stop at any time and at its sole discretion, the activity on the website and/or cancel a purchase transaction you have made, including, but not limited to, in any of the cases listed below:

  • If after the completion of the purchase transaction it was discovered that the item is out of stock.
  • If the payment method and your complete details were not captured in the system, or if incorrect details were provided.
  • In any case where you have performed an action contrary to the terms of use detailed in this document, in accordance with the discretion of the site management, including in the case where, according to the company, you intend to return and sell the products purchased by you through the site, to third party.
  • In case you committed an illegal act and/or violated the provisions of the law;
  • In the event that you have committed an act or omission that is likely to harm the management of the website and/or someone on its behalf and/or the proper operation of the website and/or any other third party;
  • If the website management is unable to properly manage the website, provide you with the products and/or fulfill another of its obligations, including due to force majeure. In this section "force majeure" means: including computer malfunctions, malfunctions in the telephone system or malfunctions in other communication systems, any sabotage and a security incident. Under the aforementioned circumstances, the website management may cancel the transaction or offer you an alternative item of equivalent value, at its discretion and in accordance with the circumstances of the cancellation. If a sale is canceled as stated, the website management will not be responsible and will not bear, in any case, any direct, indirect, consequential or special damage caused to you or a third party, including but not limited to damage due to the purchase of the product and/or service from a third party at a higher price.
  1. policy Cancellations

The transaction cancellation policy is in accordance with the Consumer Protection (Transaction Cancellation) Law, 1981-5771 and the Consumer Protection (Transaction Cancellation) Regulations, 5711-2010.

It is clarified that in the case of purchasing online content, which is not a package or a subscription, you cannot cancel the transaction, unless it is unequivocally clear that the link sent to you has not been opened and/or that no use of any kind and type has been made of the product.

There are contents on the website that are offered for viewing for free, for your impression, before making the purchase.

Canceling an order for a physical product is possible as long as the order has not been shipped, or in accordance with the relevant legal provisions. As a general rule, you may cancel the transaction within 14 days from the date of receipt of the product or from the date of receipt of the order details, whichever is later and provided that the product's original packaging has not been opened. If you wish to cancel the transaction, you must give the website management a notice regarding the cancellation of the transaction and send the product back, to the address from which the product was sent to you, at your expense. In case of cancellation of a transaction as mentioned, you will be charged a cancellation fee at the rate of 5% of the total transaction or NIS 100 - whichever is lower.

In the case of purchasing a monthly "package" or "subscription" that allows you to view content throughout the month, you may notify the website management of your desire to cancel the transaction, at any time. In such a case, the cancellation will take effect at the end of the month in which the cancellation notice was received, and the future charges will be canceled. In case you paid for a longer period, you will be credited for the relative part, for the months in which you did not actually receive the service.

  1. privacy

You are under no obligation by law to provide any personal information. However, without providing your name, email address and credit card information, you will not be able to receive the services offered by the site. You hereby confirm and agree that you are providing us with personal information of your own free will, for the purposes specified in this document, and that the website management may retain this information as detailed below and according to the provisions of any law. Providing the details about you when registering for the services constitutes a statement on your part as to their correctness.

When you access the website and use it, we will be entitled to collect information about your visit to the website, the characteristics of your use of the various events, services and your browsing on the net. This information may include details about the location of the computer and the IP address through which you access the site, your operating system, your browser ID, location data, browser type, pseudonyms, language settings and other information about your practices on the site such as information or advertisements you have read, pages and products you have viewed , product orders you made, offers and services that interested you, and regarding how you interact with our website and other websites. We may collect this information through the use of cookies, log files and other tracking technologies. The said information is stored in the site's computers and is used by the site's management for analysis, control, supervision and learning lessons.

The use of the personal details that will be collected by the website management will be done only in accordance with this privacy policy or according to the provisions of any law, including for the following purposes:

  • to allow you to use the services on the website and to send you the link to the product you purchased;
  • To occasionally send you information about services, content and offers that may be of interest to you, as well as marketing and advertising information related to the activity of the website and/or the content offered on it, which will be sent to you by email, and this only if You have authorized the management of the site to transmit to you such marketing information. You can cancel your consent at any time, by sending a message to the email address Info@netkids.co.il or by clicking on the "Remove from the distribution list" link that appears in each such message and stop receiving it in accordance with the instructions Section 30a of the Telecommunications Law (Bezeq and Services), 1982.
  • For the purpose of defending yourself in any dispute, claim, claim, demand or legal proceedings, if any, between you and the website management and/or anyone on its behalf;
  • For the proper operation and development of the site.

Your personal information will not be transferred to third parties, except as permitted by this privacy policy or the terms of use of the website, as updated from time to time.

 

  1. Website liability limitation

The site provides a convenient online platform for content marketing.

What is said on this website, including the content presented on it, does not amount to a professional opinion and is not a substitute for professional advice from relevant professionals. If you decide to rely on content published on the website, or to act on it, you bear the full and exclusive responsibility for your action and its results. The management of the website and/or the content providers on its behalf are not responsible for any direct or indirect damage and/or injury and/or loss that you may incur, due to the use of the website and/or the products you have purchased and/or due to reliance on the information that appears on it or on websites external to it, to which You will arrive using one of the services on the site.

The website management does not guarantee that the contents and services of third parties, including those of content providers on its behalf, published on the website, will be complete, correct, legal or accurate or will meet your expectations and requirements. Any decision you make in relation to the contents published on this website is your sole responsibility. For the avoidance of doubt, it will be clarified that many contents marketed on the site were created by different content providers, and the site management is not responsible for them, including in the case where the said contents violate the provisions of the law. You hereby fully and irrevocably waive any claim and/or claim and/or demand against the website management in connection with these contents.

The company does not guarantee that all the links found on the site will be correct and will lead to an active website. The mere presence of a certain link on the site does not indicate that the content of the linked site is reliable, complete or up-to-date, and the company will not bear any responsibility in this regard.

The website management does not guarantee that the website services will not be interrupted, will be provided as they are without interruptions and/or interruptions and without errors, and will be immune from unauthorized access to its computers or from damages, breakdowns, malfunctions or failures - all in hardware, software, lines and communication systems, at the website management or Who are its suppliers, and that the products and services offered on the site will be free of viruses or other harmful components.

The management of the site will not be responsible for any damage, direct or indirect, caused to it or to your property due to your use of the site and/or the products you purchased on it and/or on the Internet.

  1. compensation and indemnification

You undertake to indemnify and indemnify the management of the site and/or anyone on its behalf, immediately upon their first demand, against any expense and/or payment that they will be required to bear in respect of any claim, damage or loss that they incur, including court costs and attorney's fees, in connection with The use made by you of the website that is not in accordance with the provisions of any law and/or the terms of use of the website. In your opinion, the copyright law gives the plaintiff the right to receive compensation, in the amount of up to NIS 100,000, without proof of damage, in any case of copyright infringement.

  1. Law and jurisdiction

Applicable law - the terms of use of the website shall be exclusively governed by the laws of the State of Israel. Any dispute regarding this document, including its applicability, will be discussed in the competent court in the Tel Aviv-Yafo district only.

  1. general

Any waiver, avoidance of action, or granting of an extension given by the website management, will not be considered a waiver of its rights under this agreement and/or under any law, and will not constitute a precedent nor will they learn from it an equivalent decision for any other case, and will not impair the right of the website management to exercise its rights at any time, and you will not hear any claim regarding waiver or delay.

The invalidity of one or more of the terms of use detailed in this document will not affect its validity as a whole. A condition that is not valid or cannot be enforced will be replaced by a valid condition that will be as close to the original condition that it replaces, as far as possible according to the law.

You are welcome to contact the site management for any matter related to the site, at Info@netkids.co.il 

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