which collectively form a legally binding Agreement between you and us.
If you are a "gift recipient" you agree to be bound by this Agreement unless you specifically follow the procedures outlined in paragraphs 2 and 3 of Section 3.2 of this Agreement.
Throughout this document, the words "Sendasgift.com," "us," "we," and "our," refer to our company, Kehalim Ltd., our website, Sendasgift.com.com, or our service, Sendasgift.com, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you, the person who is being presented with this document for your agreement.
Additionally, within this Agreement "gift givers" will refer to users of our website who intend to send gifts through Sendasgift.com, while the recipients of such gifts will be referred to as "gift recipients".2. Description of Service
As a gift giver, Sendasgift.com assists you in sending gifts to your friends and family or anyone else you choose. It's simple, just connect with your Facebook account and select a gift from any website (you can search by product name or web address). We contact the gift recipient to see if they approve of the gift and to verify their shipping information. Then we help you find the best price by offering deals and coupons for your gift. It is important to remember that Sendasgift.com is not a commerce website. We do not sell or send any gifts. It is your responsibility to purchase and send the gift from a website of your choosing. We may only provide you with the gift recipient's approval and shipping information and any deals or coupons for your gift. Furthermore, a discount or coupon may not be available for every gift that you search for using our website. It is your responsibility to ensure that any discount or coupon found on our website is properly applied to any gift that is bought while using our services.3. User Information, Procedures, and Liability
For the purposes of this Agreement a gift giver is a person or party using Sendasgift.com to send a gift. A valid Facebook account login is required to access and use our website. Through this account login we may receive additional personal information from you including, but not limited to, your name and e-mail address.
Additionally, you will be providing the contact information for the gift recipient. By providing us the contact information for the gift recipient you warrant and represent that you have received the consent and permission of the gift recipient in disclosing such information to us.
You agree to the disclosure of your information to the gift recipient at the written request of that gift recipient with whom you submitted information to Sendasgift.com.3.2. Gift Recipients
You will be deemed to be a gift recipient if you have received an unsolicited communication (via e-mail, phone, text, or Facebook communication) from Sendasgift.com stating that you are or may be receiving a gift. As a gift recipient your contact information was provided to us by a 3rd party.
If you believe that your information has been misused or abused please contact us immediately at email@example.com
with the subject heading "Personal Information Misuse". If you would like the disclosure of gift givers information who submitted your information, please request that in writing within the body of the email and your request will be processed.
Furthermore, if you believe that you were spammed or contacted in error by our website, please respond to that communication with the statement "unsubscribe" and you will be placed on Sendasgift.com's do-not-contact list.
You agree that your failure to follow either of the procedures outlined in the preceding two paragraphs waives our liability completely in regards to any issues arising from your personal information.3.3. Minors
Based on the Children's Online Privacy Protection Act, you hereby attest that your age is at least thirteen years old. If you are under thirteen years of age, you must not attempt to use Sendasgift.com.com, or submit any information to us. If you are over the age of 13 and under the age of 18 you must have your parent's consent to use Sendasgift.com. Some sites may not allow you to use their site or service if you are under 18, so your ability to use our site to send a gift is dependant upon the site that you are purchasing from.4. Disclaimer
Our website permits third parties to upload and display content, post advertisements and deals, and post other material over which we have no control. We hereby inform you, and you acknowledge and understand that Sendasgift.com is not responsible for and does not make any representations as to the accuracy, reliability, or other truthfulness of the information on our website. As a part of this Agreement, you hereby release us from any liability regarding the materials published or omitted from being published on our website, including but not limited to, any deals, coupons or discounts found on our website.5. Rules of Conduct
You may be permitted to post content on our website, and our Rules of Conduct apply to you when publishing that information or otherwise using our website. As a part of using our website, you must not:
- Post anything that violates any applicable law, foreign or domestic
- Post anything defamatory, harassing, violent, pornographic, hateful, racist, or otherwise objectionable. We have the sole right to determine what is objectionable and may terminate your right to use our site at any time
- Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users
- Infringe on the intellectual property rights of anyone
- Defame anyone
- Do anything else that infringes on the rights of us or a third party
- Create more than one account, use another person's account, or allow another person to use your account
- Harm minors in any way
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
- Intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulation having the force of law
- Stalk, bully or otherwise harass another
- Send gifts to someone that does not want it
We reserve the right to terminate our service to you for any reasons other than those listed here. We may terminate your account without explanation.6.1. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating any photos, images, other information on our website and copying them to another website.6.2. Your Copyright
We cannot permit you to upload content to our website unless we know for sure that we can use that content without having to search for and delete it at a later date due to a legal request. Therefore, whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content.7. Trademarks
Sendasgift.com is a trademark used by us, Kehalim Ltd., to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.8. Revocation of Consent
Where Kehalim Ltd. has given prior written consent for your use of our protected material in accordance with our above "Copyright" and "Trademarks" provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.9. DMCA Notices and EU Copyrights
We take copyright infringement very seriously. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name
- The name of the party whose copyright has been infringed, if different from your name
- The name and description of the work that is being infringed
- The location on our website of the infringing copy
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use
You must sign this notification and send it to our Copyright Agent at firstname.lastname@example.org.
Additionally, if you are a resident of the EU or any country that is party to the European Directive on Electronic Commerce and believe that there is any infringing material on this website please contact us immediately at email@example.com. Communications Decency Act and EU Directive 2000/31/EC
Much of our content is user-generated. In other words, third parties independently upload the content to our website. We are not liable for any defamatory content posted on our website if published by a third party. Although we may choose to edit any clearly defamatory content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and any other law which creates safe harbour for sites like ours.
If you are considering attempting to circumvent these defenses by filing suit against us in another country for something a third party posts to our website, we recommend that you review the "SPEECH Act" as passed by the United States Congress, which prevents any such judgments from being domesticated within the United States. Our Site is in Israel, so any lawsuits must be brought there.
Additionally, if you are a user or resident within the European Union, EU Directive 2000/31/EC Article 14 shields us from liability for any content posted by a third party. We again reserve the right to edit or delete content as we deem necessary. However, if you feel that any content that has been uploaded or posted on Sendasgift.com is illegal or infringing, please contact us immediately at firstname.lastname@example.org.
If you believe that we are personally responsible for publishing something that is defamatory (in other words, it has been published by Sendasgift.com itself and not by a third party using our website), please notify us immediately so that we can address the issue.11. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.12. Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website, the disclosure of the gift recipient's contact information, or acceptance of the offers contained this website. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.13. Choice of Law
This Agreement shall be governed by the laws in force in Israel. The offer and acceptance of this contract is deemed to have occurred in Israel.14. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Tel-Aviv, Israel.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.15. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, zombie attacks, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.16. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, Sendasgift.com, Inc. shall have the sole right to elect which provision remains in force.17. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.18. Termination & Cancellation
We may terminate your account or any other provision of services to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.19. Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.20. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.21. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Sendasgift.com must be addressed to our agent for notice and sent via certified mail to: Kehalim Ltd.
16B Arlozorov St. Suite #5
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.