Terms of Use for the upTor App
General
Welcome to the upTor app, which serves as a platform for scheduling appointments, and is used in this app as the appointment booking service operator.
The owner of the app and website, and its operator, is upTor Ltd. (in registration) (hereinafter: "the app" and/or "app operator").
The content in the app, including information, images, reviews, etc., is updated by the upTor business owner.
The terms of use of the app regulate the relationship between the app and any person browsing and/or using the app or information contained therein (each of them hereinafter: "the client" and/or "the user").
Any use of the app and the content displayed therein, including browsing and navigating it, as well as any action in it, including purchases made through it, are subject to the terms of use detailed below. The app user is asked to read these terms carefully and meticulously. The user is not required to agree to these terms of use, but if he does not agree to them, he is required to immediately exit the app and not make any use of it. The start of using the app indicates the user's consent and confirmation of these terms of use.
Using the app constitutes the user's consent to all its terms without any limitation and/or reservation, and by using the app the user undertakes that neither he nor anyone on his behalf will have any claim and/or lawsuit, directly and/or indirectly, against the app and/or any of its operators and/or owners and/or managers and/or their representatives.
The wording in this agreement is in the masculine form for convenience, but refers to both women and men equally.
The chapter headings are for convenience and orientation in the agreement and will not be used for its interpretation.
The app operator may offer to replace and modify promotions and benefits, and may also terminate them at any time without prior notice, and indicate the possibility to combine promotions, unless stated otherwise by the app operator.
Access and use of the app, including the use of all content and/or information and/or services appearing therein from time to time, is subject to the terms of use detailed below and the provisions of any law applicable in the State of Israel.
Any person performing any action in the app, including a person making a purchase (above and below: ("the client") declares by the very performance of the action that he/she has read this agreement, understood it and its terms and that he/she agrees to its terms and provisions.
The client declares that he/she is competent to perform legally binding actions, i.e. he/she is over 18 years old.
The service provided in the app is limited to certain areas of the State of Israel or other regions outside Israel, defined from time to time at the sole discretion of the app operator (above and below: ("service area").
The client undertakes to indemnify the app operator for any damage caused to it as a result of providing false information and disrupting the operation of the app.
Services and Responsibility
The main purpose of the app is to allow people to schedule an appointment at the business in accordance with the availability shown in the app, to view reviews of the business, etc., and all as can be learned in detail from the content in the app.
The app operator does not verify the data uploaded to the app by users and/or by the business owner.
The user is required to check and verify the information provided by the business owner, and the responsibility for the quality of service stems from the business owner itself.
The app user declares that he is aware that the app operator is not responsible for the services and information provided by business owners and that it does not participate in the engagement between them and users. Responsibility for the quality of services will lie solely with the business owners.
The app usage services are provided to you "as is". You agree and acknowledge that the use of the services is entirely at your own risk and that the company has no responsibility for the consequences that may result from the use of the services, third party content and user content, and/or the functioning of the app.
The app operator is not a party to transactions with third parties and is not responsible or guarantor for transactions.
The app operator will not intervene in transactions made between external sites published in the app and buyers and/or various users, including examining the quality of products or services, as well as any other matter relating to the transaction as a result of posting a product in the app.
Cancellation of a queue and/or cancellation of a service and any other matters related to such transactions will also be subject to the policy of the business owner, cancellation fees, rescheduling of the queue, etc., which will be determined solely at the discretion of the business owner.
The user will not turn to the app operator with complaints regarding the cancellation of a queue and/or service performed by the business owner, and the above will be done directly with the business owner alone. Similarly, a customer who is on the waiting list – his approval/cancellation is at the sole discretion of the business owner, so the user will not make any complaints on such matters to the app operator.
The user is aware that content saved in the personal area may be updated from time to time, so data regarding past visits, etc. may be deleted.
The user is aware that in order to ensure receipt of the queue, it is also advisable to call before arriving at the business and make sure that the queue will be properly received by him. The user will not complain to the app operator regarding queues allegedly scheduled by him which were not received at the business.
The user exempts the app operator in any case where navigation through the app (using tools such as WAZE etc.) led to the wrong address, received the wrong notification about a queue that was not scheduled in the system, etc.
Posting in the app should not be viewed as a recommendation to purchase or recommend in any way. The content in the app is informative only, the app does not commit to their accuracy and truthfulness and the user must check this content himself.
A user who uses the content published in the app declares that he has checked the published information and found it suitable for use to his full satisfaction, and by making use of it he exempts the app operator from any obligation or liability regarding that interaction of the user with the content published in the app.
The user is aware that some of the pages are translated and therefore will not complain about incorrect and misleading translation, and in case of doubt he must contact the app's customer service and/or the business owner's.
User Declarations:
I am personally responsible for the accuracy of the content or information I upload to the app. In the user card I will open in the service or transfer to service users.
I know that impersonating another person is prohibited. I know that if I upload harmful information to the app and/or service, misuse the app and/or service, or cause harm to the app and/or service and/or its other users, I will be subject to penalties prescribed by law, and if my actions amount to tort and a complaint is directed to the partners, the app operator reserves its rights including the right to recover from me personally.
My use of the service will be in accordance with all laws and in accordance with the service regulations.
Any relationship between me and the business owner is my sole responsibility.
Publications in the App:
When you post content in the app you confirm and undertake that you own all intellectual property rights in that content (original content created by you or for which you have permission to publish) and you also allow the app to make any use of this content as needed.
Any content published by a user is solely his responsibility and the app does not guarantee the veracity of the content published therein.
It is forbidden to upload promotional or commercial content without the app operator's approval. It is also forbidden to upload content that is inappropriate for the app, including any content that:
Infringes or violates the property rights of others, including copyrights and trademarks;
Poses a risk to a person's wellbeing, safety or health;
Impersonates people or entities or publishes images of other people without their permission;
Bullying, stalking, threatening, harassing, persecuting or defaming anyone;
Publishes content that violates or infringes the rights of any other person, including publication rights, privacy, copyrights, trademarks, intellectual property or other contractual rights;
Publishes any content that spreads hatred, threatens, is overtly sexual or pornographic in nature;
Publishes any content that incites violence; or contains nudity or graphic or unnecessary violence;
Identifies other people without their explicit written consent to disclose their personal information, or relates to minors and identifies minors or their personal information, including their full name, age, residence address or contact information;
Is unlawful, defamatory, casts aspersion or invades the privacy of others;
Constitutes harassment, or is offensive, threatening or vulgar;
Contains or encourages racism or improper discrimination on the basis of race, national origin, religion, gender, occupation, sexual orientation, illness, physical or mental disability, belief, political opinion or socio-economic status;
Exhibits or encourages racism or others towards racism, or unlawfully discriminates on the basis of race, origin, nationality, religion, gender, employment, sexual orientation, illness, physical or intellectual limitations, beliefs, political views or socio-economic status;
Encourages criminal or potentially criminal behavior, or behavior that may constitute a basis for civil liability or other legal claim;
Promotes pyramid schemes, chain letters or intrusive advertisements, or anything else prohibited by law or by these terms;
The above examples are provided for illustrative purposes only and do not constitute an exhaustive list of prohibited content.
Prohibited activity in the app:
You may not use the app for any purpose other than that for which it is intended. Use of the app is permitted for private, personal purposes only and may not be used for commercial purposes except as specifically approved by the app.
As an app user, you agree not to:
Retrieve data or other content from the app in order to create or compile a collection, database or guide without the app's prior written permission;
Misuse app designs in any way;
Make unauthorized use of the app, including collecting email addresses, etc. by electronic or other means for mass mailing purposes;
Bypass, disable or otherwise interfere with app security, including the use of applications that prevent or restrict the use or copying of any content;
Defraud or mislead the app and/or its users;
Misuse the app support services or file false reports regarding the use of the app;
Use the system automatically, such as using scripts to post comments or messages, or using data mining, robots or other data collection and retrieval tools;
Try to impersonate another person and/or transfer app access details to another person;
Use information received in the app to harass, abuse or harm another person;
Use the app as part of any effort to compete with the app;
Decompile, decrypt or disassemble any part of the app, an app capability or application;
Harass, intimidate or threaten any of the app's employees or agents;
Delete copyrights or the proprietary notice from any content or mark;
Copy or adapt the app code or any part thereof, including but not limited to HTML, Java Script PHP, CSS, JSON or other code;
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including spam, that will interfere with the use of the app;
Take any action that will harm or damage the app, at the app's discretion;
Use the app in a manner inconsistent with the law, regulations and jurisprudence.
Without prejudice to any other rights, any use of the app in violation of the above may result, inter alia, in the termination or suspension of your rights to use the app.
Third Party Content:
The app may use links to other sites ("third party sites") as well as articles, images, text, graphics, photos, designs, music, sound, video, information, applications, software and other items belonging to or originating from third party sites ("third party content"). Third party sites and third party content are not investigated, monitored, or tested by the app, and the app is not responsible for third party content published through the app, accessed through the app, available through the app or installed therein, including content, opinions, reliability, privacy policy or other policies of or included in third party sites or third party content. Use of a link or allowing use or installation of third party sites or any third party content does not imply endorsement or recommendation by us, and responsibility for accessing this link rests solely with the user, who should check it before entering.
The app assumes no responsibility for any purchase made on third party sites or other companies that will be made and valid exclusively between you and the relevant third party.
Managing the App:
We reserve the right: (1) to monitor violations of this agreement; (2) to take legal action against anyone violating the law or the provisions of this agreement, at the sole discretion of the app, including, without limitation, reporting the user to law enforcement authorities; (3) to refuse, restrict access, restrict availability, or disable (to the extent technologically feasible) any contribution of yours to the app or any part thereof, at the sole discretion of the app and without limitation; and (4) to manage the app in a manner that protects its rights and property and facilitates its proper functioning.
Changes in the App, Failures and Service Interruptions:
Without derogating from the above, the app operator may change the app design, scope and availability of services in the app from time to time, may charge fees for such content and services at its discretion. In addition, the app operator may change any other aspect related to the app, all without the need for prior notice.
Such changes will be implemented, inter alia, taking into account the dynamic nature of the Internet and other technological and other changes occurring therein. By their nature, such changes may involve malfunctions and/or initially cause discomfort, etc. App users will have no claims, lawsuits and/or demands against the site regarding the implementation of such changes and/or malfunctions that occur during their implementation.
The app operator does not undertake that the app services will not be disrupted, will be provided properly or without interruption, will exist securely and without errors, and will be immune from unauthorized access to the site's computers or from damage, malfunctions, faults or failures – both hardware and software, or communication line failures with the app operator or any of its suppliers.
Indemnification by the User:
The user is responsible for protecting, keeping intact and indemnifying (if necessary) the app operator or anyone on its behalf against any loss, damage or expense (including attorneys' and experts' fees) arising out of or related to the use made by the user of the service, including breach of the terms of this agreement.
Intellectual Property
All copyrights, trademarks and intellectual property in the app, app design, and all software, applications, computer code, etc., are owned exclusively by the app operator. None of these may be copied, photographed, distributed, publicly displayed or handed over to any third party.
Content such as graphic files, images, text and any other content uploaded by the business owner is owned by the business owner and may not be copied, photographed, distributed, publicly displayed or handed over to any third party.
It is forbidden to reproduce, copy, publish, market, distribute and/or produce derivative works of any part of the app.
By publishing, you declare and undertake that you have the necessary permissions to publish the content and use it. If you do not own the copyrights to the content, you declare and undertake that permission to publish has been granted to you by the relevant rights holders and that you have the right to grant the required license to the app operator or business owner as applicable. The app operator is not responsible for any damage or loss that may occur as a result of copyright infringement by you, and the user will bear responsibility and/or damage caused directly and/or indirectly to third parties due to publication bordering on copyright infringement.
When uploading photos or videos to the service, you declare and confirm that you have obtained the consent of the people photographed in the photos or recorded in the videos for use in the service. In the case of minors, you declare and confirm that consent from their parents or guardians has been granted to use this media and publish it in the service as part of your content. Please respect the dignity and privacy of others.
The app domain, app, brand name, trademarks (whether registered or not), etc. – are all property of the app operator alone. They may not be used without obtaining his written prior consent. All information and/or displays appearing in the app, including graphics, design, textual representation, trademarks, logos, as well as their editing and presentation, are the exclusive property of the app operator and/or anyone on its behalf. It is forbidden to copy, reproduce, distribute, publish or otherwise use the content appearing in the app unless the app operator has approved in writing and in advance, and access to the app itself does not grant any license and/or any rights. All products displayed in the app are part of the intellectual property of the app owner and/or a third party who authorized its use for themselves or their agent.
Termination of Activity in the App
The app operator reserves the right to terminate the activity in the app at any time and at its sole discretion.
If the app operator ceases its activity and/or cancels a specific customer order due to an error in product description, incorrect price and/or any other reason, the customer will have no claims and/or lawsuits against the app and/or any of its operators. Alternatively, and beyond the letter of the law, the app operator may approve the new transaction terms at its sole discretion.
Miscellaneous
The app's terms of use apply to the app and services included therein via any computer or other communication device (such as: cell phone, tablet, PDA, etc.). They apply to the use of the app on both the Internet and any other network or means of communication.
The app operator reserves the right to change these terms from time to time, to add or deduct from them, in relation to the entire app, part thereof, at its sole discretion and without the need for prior notice and/or notice. The sole and full responsibility for knowing the terms below and using the app according to these terms lies at all times with the user alone.
The app does its utmost to ensure that the information appearing in the app is the most accurate information possible but it is clarified that there may appear therein, in good faith, certain inaccuracies or errors and the
app will not bear any responsibility arising from them or related to them, without limiting liability.
Any behavior and/or conduct of the app operator for the benefit of the app user outside the boundaries of the app's use and contrary to what is stated in the regulations, is solely at the app operator's discretion and will not serve or be considered as a waiver on its part of the provisions of these regulations.
In the event of computer malfunctions that temporarily prevent use of the app, the app operator will work to resolve them as soon as possible and app users will have no claims or lawsuits against it regarding events during the malfunction period and their resolution.
In any case of discrepancy and/or contradiction between the provisions of these regulations and anything stated in any publication and/or other information published and/or provided by the app operator and/or anyone on its behalf, in relation to the terms of use and purchase of products through the app, including on social networks, the provisions of these regulations shall prevail, for all intents and purposes.
The law applicable to your order and these regulations is Israeli law alone. The exclusive jurisdiction on any matter and dispute lies with the District Court of the Southern District.