Terms

Terms Of Service & Privacy Policy

Terms of Use and Privacy Policy (hereinafter, jointly: "Terms of Use")

General

Tyota application (hereinafter: "the Application") is owned by Tyota Web Shops Ltd. (hereinafter: "the Company").Application provides a technological platform that allows the user to form, through the mobile phone, an internet site and design it through features and tools provided by the Application (hereinafter: "the User's Site").Company is entitled to change the Application and its contents from time to time, including, without limitation, its design and the services provided therein, as well as to edit these Terms of Use, according to its exclusive discretion and without being required to advise the User of the same.User declares that he has read and understood the Terms of use and agreed to all provisions thereof, that he is aware the use thereby of the Application is subject to his agreeing to all Terms of Use in accordance with the provisions specified heretofore and hereinafter, and that he will have no argument and/or claim and/or demand towards the Company and/or any person on its behalf in connection with the Terms of Use. To the extent the User does not agree to the Terms of Use, he must avoid access and/or use of the Application.convenience purposes, the provisions of the Terms of Use are worded in the masculine form, though they are intended for both genders.

Manner of Use

any use of the Application, the User will be required to complete the required details regarding himself, including the email address, and to create a user account through a password (hereinafter: "the User Account"). The User declares that all information that he is providing is complete, correct, precise and reliable information. The User undertakes to update these details, to the extent they change. The User acknowledges that use of the identity of another person or provision of false details constitute a criminal offense. Criminal and/or civil legal means might be employed against a user that provided false details, and he will be solely liable for any damage incurred by the Company and/or any third party in this respect.User declares that: he is of proper age to engage in a contractual engagement, according to the laws of his state, and in any case he is not younger than age 18; that he is entitled according to law to use the Application and its contents; that he has legal capacity to engage in a contractual engagement according to these Terms of Use; that his use of the Application has not been suspended by the Company.User will not be entitled to transfer his rights and obligation in connection with the User Account unless having received the Company's explicit and written consent.of some of the services offered by the Application might be subject to payment in advance (hereinafter: "the Paid Services"). In case there is a technical error in relationprices of the Paid Services, the Company reserves the right to cancel purchase of such service by the User without any claim against the Company in this respect being available.Company reserves the right, at any time, to change and update the rates for Paid Services and terms regarding the same, according to its exclusive discretion. Also, the Company will be entitled, at any time and, according to its exclusive discretion, to turn the services that are offered for free into a Paid Service.User undertakes not to upload to the site any software and/or computer code and/or applications and/or viruses and/or robots and/or any program or algorithm, etc.User undertakes that the User Site will serve for legal purposes only and that any content that is included therein will be legal content and that there is no legal or other prevention upon using these contents. Also, the contents uploaded to the User Site are correct, precise and do not infringe the rights of any third party.content uploaded to the User Site is automatically saved in the memory of the mobile device. Upon the user pressing the "Publish" button in the Application, all contents uploaded to the User Site are automatically synchronized with the Company's server. Any content uploaded by the User is saved on the server, unless the User deleted these contents from the User Site and pressed the "Publish" button again, or in case the User removed the User Site.User will refrain from using contents that constitute, among other matters, infringement of intellectual property and copyrights and/or proprietary rights of others, insult, slander, libel against a person or content that violates the privacy or reputation thereof, threat, degradation, offense, racism, contents that encourage criminal and/or terrorist act, pornographic or sexual contents, contents that might mislead the public, contents that violate the rights of the Company and/or other parties, contents that identify other people that have not provided their consent for the same.any time, the User will be entitled to delete the User Account. Upon deletion of the User Account, the User account and any content therein will also be deleted. For removal of doubt, it is clarified that in case of deletion of the User Account, the User Site, including all of its contents, will also be deleted from the Company's servers.User undertakes not to use the Application for an illegal purpose and any other use in contrast to the Terms of Use. The User declares that if he uses the Site in contrast to the provisions of the Terms of Use and the law, the Company will be entitled to remove the user's profile on the Application, including the User Site, without derogating from any other remedy available thereto according to the provisions of any law and without the user having any argument and/or claim towards the Company due to any damage he might incur in this respect.

Liability

services offered by the Application to the User are offered as is. Even though the Company ensures the propriety of the Application, the services and contents offered thereby, the Company cannot guarantee that the services and contents of the Application, as well as the platform offered by the Application, will always be proper, virus-free, without malfunctions or flaws or disruptions, without errors or imprecisions and that they will be available and accessible at all times. The Company will not be liable for any loss and/or damage, etc., as a result of the aforesaid.Company uses advanced systems and tools for information security. These systems and tools are intended to reduce the risk of unauthorized penetration to the Company's systems. However, there is no way to ensure full immunity from unauthorized penetration to information stored on the Company's computers, and therefore the Company does not undertake that the Application and/or the server will be absolutely immune from unauthorized penetration.Application only provides the User with the platform for building the User Site through the mobile device. There is no business partnership or other relations between it and the User.activity performed under the User Account or on the User Site, including, without limitation, in connection with the contents found on the User Site, whether the activity was done by him or done by any other third party – is under the exclusive liability of the User. To the extent the User uses the Application through a third party, the Company recommends the User to allow access to his account only the Application only to third parties he trusts.Company does not examine or confirm or authenticate the contents uploaded to the User Site, and it is not responsible, in any case, for these contents, including their credibility, preciseness, correctness and legality, and does not guarantee the representations presented therein and/or the commitments and/or declarations, etc., that are presented on the User Site. It is clarified that the Company is not responsible, in any case, for any damage and/or loss, etc., caused in connection with the contents on the User Site.

Links

Company is not responsible for information and contents found in links on the Application, if any, for their correctness, credibility, preciseness and/or representations presented therein and the User acknowledges that the Company does not verify the information presented in these links.reliance by the User on the information presented in links is under his sole responsibility. The Company will not be liable for any damage, direct or indirect, to the extent caused to the User due to reliance as aforesaid, and he will have no argument and/or demand and/or claim towards the Company in this respect.downloading action done on the Site or links will be done under the sole responsibility of the User and the Company will not be liable for any damage that might be caused to the computer and/or mobile device of the User due to the downloading action.

Copyrights

User undertakes that he is the legal and exclusive owner of all intellectual property and copyrights of all content unloaded thereby onto the platform, of any kind, including, without limitation, pictures, logos, texts, fonts, video, music, sound and any other material, or alternatively – he is the license holder according to law to use these contents or received the full consent of the content owners to make such use. It is clarified that the Company has no control over the contents uploaded to the User Site.User acknowledges that in case the Company is approached by any party due to alleged infringement of intellectual property and copyrights, the Company will be entitled, according to its absolute discretion and before any inquiry and advance notice regarding the same to the User – to immediately close the User Account and remove the User Site or remove any content found on the User Site and the User will have no claim and/or demand and/or argument towards the Company in this respect.entire intellectual property rights and copyrights in the Company's site and all contents and material found therein, including, without limitation, programs, applications, computer code, technological tools, graphic designs, patterns, texts, video, music, found, media, methods, products, algorithm, data, trademarks and any other material included in the site, except in sites linked through links, are owned by the Company and protected by copyrights.removal of doubt, it is clarified that permitted use of the Application by the User does not provide him with any rights in the site or material found therein and/or compromise the intellectual property rights provided to the Company and/or third parties.is forbidden to copy, duplicate, distribute, transmit, publish, publicize, change, deliver to a third party or make any other use, whether or not commercial, of any part of the Application, or to perform any action that might constitute infringement of the intellectual property rights of the Company or third parties, unless with the explicit written consent, in advance, of the Company and/or the owner of the rights, as the case may be.using the Application, the User is permitting the Company, for no consideration and irrevocably, to use any version of the User Site (or part thereof) for marketing and advertisement of the Company, whether through the internet or other means. The User hereby waives any argument and/or demand in this respect, including, without limitation, in connection with any intellectual property right to which he is entitled or any consideration to which he is entitled due to such use.

Privacy Policy

Company respects the User and his privacy. The terms in this chapter specify the Company's privacy policy and the manner by which the Company uses the information provided thereto by the User or the information it gathers, as below.is clarified for removal of doubt that any use made of the User's details in links found on the Application and operated by third parties, as well as systems for information protection in such links, are not under the Company's responsibility. The Company recommends to the User to review the privacy policy in these links before any activity therein.

Information Collection

Company might collect and save information on users of the Site (including through databases), in two manners:directly provided by the User – such as his name, address, email details, telephone, ID number, etc. The User is not obligated to submit these details, but without submission of the details required for registration for the Application, the User's activity will be limited.of information based on use made the User of the Application – including, without limitation, surfing preferences of the User, information on products or services purchased thereby, pages he visited, the location of the mobile device, data on internet address, type of operation system.is clarified that the Site might include, for such purpose, programs and/or applications and/or technologies for identification or monitoring, such as Cookies.of information on the User will be done for forming contact with the User, analysis of data regarding users of the Application, monitoring of the User's surfing preferences, monitoring of the User's actions, statistical analyses (that do not personally identify the User), for adjustment of the Application to the User's preferences, information security, improvement and enrichment of the Company's service and product, adjustment of contents on the Application to the User's fields of interest, distribution of marketing and commercial information – including messages adjusted personally to various users.

Review of Information

user is entitled to review information regarding him. Also, any user is entitled to apply to the Company in writing and request to update his details, to the extent he found the information regarding him to be incorrect, imprecise or incomplete, and is entitled to request from the Company to delete information regarding him. It is clarified that the aforesaid does not derogate from the Company's right to save the information that the User requested to delete, in case it is entitled by law to do so.

Cookies

Company uses "Cookies" for the routine and proper operation of the Application, including for gathering statistical data on use of the Site, verification of details, in order to adjust the Site to personal preferences of the User and for information security.

Mailing

User acknowledges that completion of his details on the Site constitutes confirmation that he agrees for the Company to use these details for mailing of commercial and marketing material. The User will be entitled to terminate such mailing by directly turning to the Company.

Transfer of Information to Third Parties

Company is entitled to transfer information on users of the Application, provided such information does not identify the user personally. The Company will not transfer the information provided by the User, which personally identifies him, unless according to the provisions of law, including –supply of the services and/or the products on the Application.If the Company merges with another entity or transfers its activity to another entity, provided such entity assumes the privacy policy specified in the Terms of Use. If the Company receives a judicial order to do so. If there are legal proceedings between the Company and the User. If the User breached the Terms of Use. If the User performed an action or default that might harm the Company and/or any third party.

Indemnification

User undertakes to indemnify the Company and/or any person on its behalf due to any damage and/or loss incurred by the Company as a result of use in contrast to the provisions of the Terms of Use and/or in contrast to the purpose of the Site and/or is he made unfair/improper use of the Site and/or use in contrast to the provisions of law and/or as a result of a claim against the Company in connection with the services advertised on the Site or provided thereby.

Applicable Law and Jurisdiction

Terms of Use will be subject to the laws of the State of Israel only.exclusive jurisdiction on any matter and/or issue in connection with the Terms of Use is vested with the court in the Tel Aviv-Yafo District only.