TERMS OF USE OF THE WEBSITE AND ITS SERVICES

 

 

  1. General

Please read the provisions of this agreement (hereinafter: the “Terms of Use”) before using the services offered on the website of Miller Advanced Technologies Ltd., PO Box 515975266 (hereinafter: the “Company”).

  • The website, which operates at the website address https://gold-letters.com/, is a website and/or System adapted to a cell phone that provides services for advertising and selling products that the Company manufactures, markets or sells (hereinafter: the “System“).
  • Browsing and use of the System are subject to the conditions detailed in these Terms of Use (hereinafter: “Terms of Use“) and the Company’s Privacy Policy. Please read the Terms of Use carefully, as using and viewing the System and performing actions through it indicate your agreement to the Terms of Use, and they constitute a binding contract between you and the Company.
  • Any use you make of the System is subject to the Terms of Use and the Privacy Policy published therein, as well as to any relevant law.
  • The Company may make, from time to time, any amendment and/or change to the Terms of Use and the Privacy Policy, and this at its sole discretion.
  • The Terms of Use are written for convenience in the masculine singular, but they are intended for both genders, as well as the plural.
  • The headings of the Terms of Use are for convenience only and have no legal meaning.
  • To the extent that you do not agree to any of the things stated in the Terms of Use or the Privacy Policy, you are required to immediately stop any use of the System.
  • While you are under no obligation to approve these Terms of Use, if you refrain from doing so, the Company will not be able to guarantee your enjoyment and use of the System’s services.
  1. Definitions

In this document, the meaning of the following terms will be as indicated below:

  • “User” — any person who uses the System, under his own name or under another name. Use can be reading, reviewing and viewing content, ordering and/or offering services, purchasing and/or selling products, transferring information, etc.
  • “Services” — any use of the System by a User, including the purchase of services and/or products.
  • “Personal information” — any individual information received/provided during the User’s registration and/or use of the System.
  • “Business partners” — service providers who provide services and/or collaborate with the Company to provide services of the System, in Israel and in other countries, who have been authorized by the Company to receive information for the purpose of providing the services and who are obligated to the Company to comply with all provisions of the Terms of Use and the Privacy Policy.
  • “Product/s” – any product and/or service that is advertised and/or available for purchase in the System.
  1. User Declaration — the User confirms and declares that
    • His use of the System is predicated on the fact that he has read, understood and approved the Terms of Use and the Privacy Policy.
    • He is solely responsible for ensuring that the use of the System is in accordance with the law, the Terms of Use, the Privacy Policy and the guidelines and conditions published by the Company (hereinafter: “proper use”).
    • The Company has the right to suspend a User from using the System, until the circumstances of the matter are clarified, in case of concern about using the System that does not constitute proper use, and the User releases the Company from any claim and/or demand due to this.
    • The information he will provide while using the System is reliable and valid, and this, among other things, in order to improve the experience of using the System. If it becomes clear to the User that information provided by him is missing or incorrect, the User will inform the Company of the matter as early as possible. The User knows that the delivery of false details by him constitutes a use that is not a proper use.
    • He is aware that the System makes use of the services of business partners from Israel and other countries, including transferring information provided by the User, for example to save data.
    • The System will not be used in any way that may constitute a scan of the System by computerized means and/or that in any way imitates a normal surfer, including bots or trawlers and the like and/or makes use of computer software, computer code or applications that include computer viruses (“viruses”) and/or software Trojan horses, worms, vandals, malicious applications, etc.
    • Will not do any activity in the System that may constitute manipulation that may allow access to pages to which the User does not have direct access (URL hacking) or that will cause an impact on the source code, system design, elements or content.
    • He is solely responsible for providing, at his own expense, all the equipment necessary to use the System, including mobile devices and mobile applications, Internet access and payment of service fees to third parties.
    • Pictures, measurements or any other information published in the System is published for illustrative purposes only and this information should not be considered accurate or correct, and it irrevocably releases the Company from any responsibility in this regard.
    • He knows that the System and the Company’s services depend on third parties over which the Company has no control, and that any interruption, disruption and/or interruption of services by third parties may interfere with the provision of the services and/or cause them to stop. The User hereby confirms and waives any claim and/or demand in connection therewith.

 

 

  1. Product Purchase
    • A User who has completed the System registration process will be able to order any product(s) for purchase.
    • The price that appears in the System next to the product is the current product price. The Company may update the prices of the products offered for purchase in the System from time to time, regardless of when the purchase was made in the System, and without the need for notification.
    • The products that will be sold to Users through the System are subject to payment, which will be made by credit card or another payment method that appears in the System during the payment phase, and in accordance with the conditions specified in the System.
    • If the process of purchasing a product through the System has been successfully completed, the User will be informed of this through an automatic email message, which will contain information regarding the name of the purchaser, methods of communication with him, the purchased product, delivery address, and the price of the product.
    • It is clarified that the Company may at any time change the mix of products offered for purchase in the System, replace them, reduce them, add to them, as well as deny the right to purchase in the System at its discretion and without any notice or advance warning.
  2. Shipments
    • The Company provides delivery services for products purchased through the System. Product delivery will be within 14 days from the date of product purchase, will be made between the hours of 08:00 and 17:00, and will be delivered to the User’s address as given when purchasing the product.
  3. Returns and cancellation policy
    • A transaction for the purchase of a product by a business and/or for the use of a product within a business cannot be cancelled.
    • To the extent that a defect in the product is discovered, without the product being repaired, with the product in its original packaging, and with the tax invoice receipt attached, it will be possible to replace it with an identical product by returning it to the Company’s warehouse within 14 days from the date of receipt of the product by the customer.
    • To the extent that the provisions of the Consumer Protection Regulations (cancellation of a transaction) 5771-2010 regarding a distance-selling transaction will apply to a transaction through the System, the User will be entitled to cancel the purchase of a product on the condition that he returns the product to the Company within 14 days from the day he received the product, with the product in its original packaging, not defective, unused and accompanied by the purchase invoice of the product (hereinafter: “return of a normal product”). If a transaction for the purchase of a product is cancelled and a return of a normal product is made, the Company will return the proceeds to the User minus shipping cost, handling cost and 5% of the product price or 100 NIS whichever is lower.

 

 

 

  1. External Links
    • During the use that a User will make of the System, there may be found in the System links to various websites on the Internet, operated or published by a company other than the Company (hereinafter: “external links”).
    • The external links are provided for the convenience of the User. The Company does not guarantee that external links will lead to an active website and/or their reliability and/or correctness and/or compliance with legal requirements.
    • The Company is not a party to any engagement with any party to which an external link will refer, is not responsible for the quality and/or reliability of the products and/or services of a third party and will not be liable for any debt due to damage, expense or loss caused, or allegedly caused, in connection with third party external links.
  2. Limitation of Liability
    • Products that are found to be defective due to a reason that lies in the Company and/or in the production of the product, will be replaceable in accordance with the above instructions regarding the return and cancellation policy.
    • The Company does not guarantee that the use of the System will be uninterrupted, at the required time, secure or free of mistakes, errors, inaccuracies, typing errors, defects or computer viruses, or that it will be effective, accurate or reliable.
    • The use of the System, content, services and products is made according to the decision and the independent consent of the User who will be exclusively responsible for any loss, damage or injury, to the extent that these are caused to him and/or others due to his use of the System.
    • The Company does not guarantee that the content, services or products of the System will fully meet the User’s requirements or expectations.
    • Any use made by a User of the System is “as is” (“As Is”) and according to the availability of the System (“As Available”) and without any commitment, expressly or implied by the Company. Thus, the User will not have any claim, suit or demand regarding the nature, reliability, completeness, capabilities and limitations of the System.
    • The Company makes efforts so that the use of the System by Users will be continuous and without interruptions. However, the Company does not guarantee that the use will be made without errors and/or unauthorized access and/or malfunctions and/or without damages, breakdowns, malfunctions, failures in hardware, software or communication (hereinafter: “failures”). The User indemnifies the Company from any claim and/or demand regarding direct or indirect damage, mental anguish, etc. that will be caused to him or his property due to failures.
    • The Company will not be responsible for any damage that may be caused and/or will be caused to computer equipment and/or cellular devices and/or others as a result of using the System, and the User hereby waives any claim against the Company in this regard, and the Company will not bear any responsibility towards the User in any case where he has the option of using the System services, either all or some of them.
    • The Company reserves every right to update and/or remove services from the System or to limit access of one or more Users to the System, without prior notice and in accordance with its sole discretion.
    • The User releases the Company and its business partners from any claims for damages, losses, injuries or expenses, known and unknown, directly or indirectly, arising from or related to the Company, business partners or the products offered through this System.
    • The Company is not responsible for non-delivery or late delivery of products, resulting from any event that is beyond our reasonable control, whether foreseeable or not, including, strikes, war, epidemic, fire, accident, extreme weather, inability to ensure transportation, acts or government regulations, and other reasons or events beyond our reasonable control.
  3. Indemnity
    • The Company will not be liable for any damage caused to another due to the use of the System by a User.
    • The User agrees that, upon demand from us, he will indemnify and/or indemnify us and the business partners, against any claim for damages, losses, loss of profit and/or expenses, including attorneys’ fees and costs, arising directly or indirectly as a result of actions he performed or that was performed by another on his behalf, including: (i) inappropriate and/or abusive use of the System; (ii) improper personal information; (iii) violation of the Terms of Use or the Privacy Policy; (iv) violation of the Company’s rights, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) violation under any law; (vi) misrepresentation made by a User.
    • The User undertakes to cooperate with us and provide us with access to the information in his possession in any case of our need for legal protection.
  4. Mailing
    • The User confirms that he has given his consent to receive advertising content of any kind in connection with the operation of the System and/or the Company, through e-mail messages and/or PUSH messages to a mobile device or other similar services available to Users, directly or through a third-party provider.
    • The User will be entitled to request the termination of the transfer of advertising content to him in accordance with the instructions on the matter that will be sent with the advertising content and/or sending an email message to the Company.
  5.  System use and storage of content
    • The User acknowledges that the Company may establish general practices and limitations regarding the use of the System’s services, including, without limitation, the maximum number of days that the uploaded content will be kept by us, the maximum disk space that will be allocated, and the maximum number of times (and the maximum continuation thereof) that a User may access the services in a given period of time.
    • The User confirms that the Company has no responsibility for the deletion or failure to save any content held or transferred to the System. The Company reserves the right to suspend or delete accounts that have not paid all required payments, or are inactive for an extended period of time, as well as to update these general practices and limitations at any time, at the Company’s sole discretion.
  6. Security and password
    • The User is solely responsible for maintaining the confidentiality of a password given to him by the System, and accordingly is solely responsible for defaults that occur using his password and account. A User must take steps to prevent others from accessing his password and account. Company representatives will never ask a User for his password and he should be suspicious of any such request.
    • The User is not allowed to transfer or share his account with another and the Company reserves the right to block account activity immediately in case of unauthorized transfer or sharing of information.
    • The Company takes common precautions in order to maintain, as much as possible, the confidentiality of the information. However, in cases that are not under the Company’s control and/or arise from force majeure, the Company will not be responsible for damages of any kind, direct or indirect, caused to the User.
  7. System updates
    • The System is not to be used by a User to obligate the Company for support and/or maintenance and/or upgrading and/or new versions of the System.
    • The Company will update the System, information and products from time to time, in accordance with its sole discretion, without prior notice, which may involve malfunctions and/or inconvenience (hereinafter: “Service Update”). The User will not have any claim and/or demand based on a Service Update, or malfunctions that will occur as a result.
    • If the User becomes aware of a malfunction or error in the operation of the System, he is invited to inform the Company. The Company will deal with inquiries brought to it in accordance with its sole discretion, and the User will not have the right to any claim and/or demand on this basis.
    • For any question and/or inquiry regarding the System, as well as any other inquiry regarding infringement of rights or offensive content, contact must be made using the contact details on the Company’s website.
  8. Termination of Communication
    • The Company reserves the right to change, stop and/or suspend the activity of the System, in whole or in part, temporarily or permanently, and this at its sole discretion and without giving prior notice and without being required to provide a reason and/or explanation for this.
    • The Company shall be entitled, at its sole discretion and without prior notice, to stop and/or require the User to cease using the Company’s System and/or services, all or part of them, for any reason whatsoever, and the User hereby acknowledges and waives any claim and/or demand in connection therewith.
  9. Privacy Policy
    • The current Privacy Policy as published by the Company in the System (hereinafter: “Privacy Policy“) is an integral part of these Terms of Use.
  10. Intellectual Property
    • The approval of these Terms of Use constitutes an agreement that the full intellectual property rights existing in the products and/or System constitute the exclusive property of the Company or of third parties from whom the Company received permission to use their intellectual property, including any right in patents, copyrights, trademarks, designs, in samples, applications, computer code, graphic files, text and anything that constitutes a trade secret.
    • These Terms of Use and/or the use of the System do not grant the User any right in the System and/or in the information collected through it, and the User’s use of the System constitutes a confirmation that he will not do anything to violate the rights of the Company and/or third parties, including intellectual property rights.
    • It is clarified that comments or suggestions relating to the development and/or design and/or improvement of the System or products that you transfer to the Company, will not give the User any right in them, and the User hereby grants a non-exclusive and worldwide license to the Company to use, without any consideration, any such suggestion.
    • To the extent that a User is aware of the use of the System and/or the products that infringe the intellectual property rights of the Company or a third party, the Company urges the User to provide it with relevant information on the matter.
  11. Various
    • Israeli law will apply to this agreement only. The courts in the Tel Aviv district will have unique and exclusive jurisdiction over any conflict or dispute that may arise between the parties to this agreement.
    • These Terms of Use represent the full agreement regarding a User’s use of the System and the products offered therein, and any changes to them will only be possible with a written agreement with the Company.
    • If it is determined that any provision in the Terms of Use is unenforceable, then this provision will be redrafted, but only to the extent necessary to make it an enforceable provision.
    • The Company may, at any time, change the Terms of Use by publishing them in the System. It is agreed that the continued use of the System, after a change in the Terms of Use has been brought to the User’s attention, will constitute the User’s consent to said change.
    • After this agreement expires, the provisions of sections 16–17 of the Terms of Use will remain in effect.
    • The User may not transfer and/or assign his rights to another.
    • The Company may transfer and/or delegate part and/or all of its rights and/or obligations to any third party in accordance with its sole discretion.

 

 

 

  1. Company contact details

Mailing Address: HaUman Street 26, Jerusalem  PO Box 52296 Postal Code 9342180

Email: [email protected]

 

* These Terms of Use are valid as of June 22, 2021.