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AlphaDisc BLE Controller – Terms of Use

Last Revised: May, 2021

Netafim Ltd. and its affiliates (“Netafim”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our back flash controllers mobile and desktop applications (the “Platform”). Our Platform enables you to retrieve certain information from Netafim's BLE and CLD back flash controllers (sold separately) (collectively, “Controller(s)”) and use certain functionalities with respect thereto (the “Service”, as further detailed below). Each of the Platform's Users may use the Platform in accordance with the terms and conditions hereunder.

  1. Acceptance of the Terms

By entering, connecting to, accessing, installing and/or downloading the Platform, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: https://www.netafim.com/en/privacy-policy/ (the “Privacy Policy”) (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Platform, and you acknowledge that these Terms constitute a binding and enforceable legal contract between Netafim and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE PLATFORM IN ANY MANNER, DO NOT INSTALL THE PLATFORM AND/OR PROMPTLY UNINSTALL THE PLATFORM FROM YOUR MOBILE DEVICE (WHERE APPLICABLE).

The Platform is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization's behalf and to form a binding agreement under any applicable law, to use the Platform in accordance with these Terms, and to fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Platform shall obligate your organization.

  1. The Platform

The Platform allows Users to pair and derive certain data from their Controller(s) (the "Data"), view it via the Platform and use certain functionalities of the Controller, such as setting filter operating parameters, viewing and analyzing the historical operating data of the Controller, setting alerts and notifications and exporting historical operating data of the Controller, settings and alerts via email. For the avoidance of doubt, Controllers are sold separately and these Terms do not apply to the Controller, but only to the Platform and Data derived from Controller via the Platform.

Depending on the applicable Controller’s model, the Data may be stored locally on the device on which the Platform is installed or on our (or our service provider’s) servers, as further detailed in our Privacy Policy.

The Platform may allow Users to export certain information from the Platform (including Personal Information, as such term is defined in our Privacy Policy), via e-mail, to third parties, including to Netafim for the purpose of receiving customer support, all at the User's discretion; any export of information from the Platform is entirely at the User's own risk and we do not accept any liability for third parties' use of such information – Users are advised to exercise caution when exporting information from the Platform, and to perform an inquiry with respect to such third parties' privacy practices before exporting any information from the Platform.

Note to users of BLE and CLD Controllers - our Service relies on the Users' mobile devices' geolocation functionality and Bluetooth connectivity, including in order to pair the Platform with the Controller. Disabling the GPS and/or Bluetooth connectivity of your mobile device limits the functionality of the Service. The Data is generally stored locally on your mobile device and Netafim does not retain a copy of your Data, therefore certain circumstances relating to your mobile device, including software updates, human error and physical damage, may cause the loss of the Data and we do not accept any liability for such loss.

The Platform may provide you with information regarding, inter-alia, Netafim and the Services, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Platform, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform (collectively, the “Content”).

(collectively, the "Service")

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE PLATFORM ARE RESERVED TO NETAFIM OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE PLATFORM, DATA AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. NETAFIM WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR DATA AND/OR THE CONTENT AVAILABLE THEREIN.

NETAFIM DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE PLATFORM, DATA, CONTENT AND RELATED SERVICE. WE DO NOT GUARANTEE THAT ANY OF THE USERS' NEEDS WILL BE FULFILLED.

YOUR USE OF THE PLATFORM AND/OR THE CONTENT AND/OR DATA AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

Note: Use of our Platform is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Platform in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Platform, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time. Controllers must be purchased separately and use thereof is not subject to these Terms. 

  1. Use Restrictions

There are certain conducts which are strictly prohibited when using the Platform. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Netafim's sole discretion) in the termination of your use of the Platform and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Netafim, you may not (and you may not permit anyone to): (a) use the Platform and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Platform and/or Content for non-personal or commercial purposes without Netafim’s express prior written consent; (c) remove or disassociate, from the Content and/or the Platform any restrictions and signs indicating proprietary rights of Netafim or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);  (d) interfere with or disrupt the operation of the Platform or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Netafim endorses you, your site, your business or any statement you make or present false or inaccurate information about the Platform; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Platform's infrastructure, as determined by Netafim; (g) bypass any measures we may use to prevent or restrict access to the Platform; (h) copy, modify, alter, adapt, make available, distribute, translate, make derivative works, port, reverse engineer, decompile, or disassemble any portion of the Content or Netafim's Intellectual Property (as defined below); (i) sublicense, sell, rent, transfer, lend, or make any commercial use of the Platform; (j) frame or mirror any part of the Platform; (k) create a database by systematically downloading and storing any data from the Platform; (l) transmit or otherwise make available in connection with the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (m) infringe and/or violate any of the Terms.

  1. Registration and User Account

In order to use the Platform and Service, you must register and create an account (the “Account“) by supplying a few personal details, as further detailed in our Privacy Policy.

You may not have more than one (1) active Account and creating multiple Accounts with overlapping uses or in order to evade a suspension of your Account (as further detailed below) is not allowed.

In order to protect the security of your Personal Information (as defined in the Privacy Policy) available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be exposed to civil and/or criminal liability.

You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Netafim. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your credentials or Account or any other breach of security.

If you wish to cancel and remove your Account, please send us an e-mail of your request to: DFS.India.Support@netafim.com. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details in the Privacy Policy).

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION COLLECTED VIA USE OF THE PLATFORM AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

  1. User Data

The Platform enables Users, inter-alia, to upload an avatar image to the Service and retrieve the Data from the Controller (collectively, the avatar image and the Data shall be referred to as "User Data"). As between you and us, all of the User Data that you upload to the Service is your sole and exclusive property and you are solely responsible for it. These Terms do not give us any right to the User Data except for the limited right which enables us to offer you the Services.

However, when User Data is supplied to Netafim (either directly from the Controller or by exporting User Data from the Platform), you grant us a perpetual, non-exclusive, royalty-free and worldwide license to communicate, distribute, host, reproduce and make modifications or derivative works (solely for the purpose of better showcasing your User Data), store and use such User Data (as applicable), solely in connection with providing you the Services. We may also aggregate User Data that you export to Netafim with other User's content in such a way that it will not identify you and we may use that aggregated User Data to develop and improve our Services. Except as otherwise provided in these Terms, we will not use the User Data.

You understand and agree that you are solely responsible for your User Data and the consequences of uploading it to the Platform and/or exporting it from the Platform. Netafim will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading to and/or exporting from the Platform any User Data.

You represent and warrant that you are the rightful owner of any Controller(s) that you pair with the Service and all User Data, or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such Controller(s) and User Data, and that such User Data does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

NETAFIM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER DATA UPLOADED AND/OR EXPORTED TO ANY THIRD PARTY (INCLUDING NETAFIM) AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY VIA THE SERVICES, FOR ANY LOSS OR DAMAGE THERETO OR FOR ANY LOSS OR DAMAGE IT MAY CAUSE THIRD PARTIES.

  1. Minors

The Platform is intended for Users over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the Platform. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Platform, we will prohibit and block such User from accessing the Platform and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

  1. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Platform. Our policy and practices and the type of information collected are described in detailed in our Privacy Policy at: https://www.netafim.com/en/privacy-policy/ which is incorporated herein by reference. You agree that Netafim may use personal information that you provide or make available to Netafim in accordance with the Privacy Policy. If you intend to access or use the Platform you must first read and agree to the Privacy Policy.

  1. License

Subject to the terms hereof, Netafim hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the Platform on a device that you own or control or authorized to use, solely for the limited purpose of using the Platform for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to access and use the Platform, the Service and the Content provided in the Platform in accordance with the terms contained in these Terms.

The Terms do not convey to you an interest in or to the Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Netafim regarding the Platform (“Feedback“), Netafim shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our or Netafim' current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.

  1. Intellectual Property Rights

The Platform, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

  1. Trademarks and Trade names

Netafim’s marks and logos and all other proprietary identifiers used by Netafim in connection with the Platform (“Netafim's Trademarks”) are all trademarks and/or trade names of Netafim, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Netafim's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

  1. Links to Third Parties' Websites

Certain links may be provided within the Platform and permit you to leave the Platform and enter non-Netafim websites or services, which are provided solely as a convenience to you. Most of these linked websites and services are not under the control of Netafim and/or Netafim and we and/or Netafim are not responsible for the availability of such external websites or services and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained therein. In addition, Netafim is not responsible or liable for such linked websites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such websites and/or services and/or content and your dealings with such third parties are at your sole risk and expense. Netafim reserves the right to terminate any link at any time. You further acknowledge and agree that Netafim shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked s or resource. Most of such linked websites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those websites and services, inter alia, in order to know what kind of information about you is being collecting.

  1. Usage Rules

When you download the Platform from a third party platform, service provider or distributor (“Platform Provider“) your use of the Platform may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the Platform (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the Platform. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the Platform are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the Platform, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the Platform. Any download and/or use of the Platform by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the Platform is expressly prohibited.

Apple Inc.

The following applies to you if you downloaded the Platform from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the Platform.

The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

13.      Export Control Laws

The Platform may be subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the Platform into any country, or make available or use the Platform in any manner, prohibited by applicable laws. In addition, the User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.

  1. Special provisions relating to Third Party Components

The Platform may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the Platform is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Platform and Netafim disclaims all liability related thereto. You acknowledge that Netafim is not the author, owner or licensor of any Third Party Components, and that Netafim makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Platform or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.

  1. Availability

The Platform’s availability and functionality depends on various factors, such as communication networks. Netafim does not warrant or guarantee that the Platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

  1. Changes to The Platform

Netafim reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Netafim shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Platform or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

Netafim has no obligation to provide upgrades or new releases of the Platform under these Terms. However, if Netafim supplies to you any updates, upgrades and any new versions of the Platform (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the Platform with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Platform shall include such Updates.

  1. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE PLATFORM, USER DATA AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND NETAFIM, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "NETAFIM'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE PLATFORM. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY PRODUCTS OR SERVICES OF NETAFIM, INCLUDING THE CONTROLLERS AND ANY SERVICE RELATED THERETO, ARE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN SEPARATE AGREEMENTS BETWEEN NETAFIM AND EACH USER.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE PLATFORM, THE CONTENT AND/OR USER DATA IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE PLATFORM, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE PLATFORM AND/OR USER DATA AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE PLATFORM (INCLUDING THAT THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS). NETAFIM AND NETAFIM'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE PLATFORM, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR USER DATA AND/OR INFORMATION DISPLAYED WITHIN THE PLATFORM.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN NETAFIM.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE PLATFORM AND/OR THE CONTENT AND/OR USER DATA THEREIN IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL NETAFIM, INCLUDING NETAFIM'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE PLATFORM AND/OR USER DATA AND/OR CONTENT, YOUR USE OR INABILITY TO USE THE PLATFORM AND/OR THE CONTENT AND/OR USER DATA AND/OR THE FAILURE OF THE PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT AND/OR USER DATA, OR FROM THE PERFORMANCE OR FAILURE OF NETAFIM TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF NETAFIM OR NETAFIM'S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER NETAFIM OR NETAFIM'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, NETAFIM'S AND NETAFIM'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM AND/OR USER DATA AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO NETAFIM FOR USE OF THE PLATFORM OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM NETAFIM'S REPRESENTATIVES.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

  1. Indemnification

You agree to defend, indemnify and hold harmless Netafim, including Netafim Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Platform and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Platform and/or User Data; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

  1. Amendments to the Terms

Netafim may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Platform and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Platform or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

  1. Termination

At any time, Netafim may block your access to the Platform and/or temporarily or permanently limit your access to the Platform, in its sole discretion, in addition to any other remedies that may be available to Netafim under any applicable law. Such actions by Netafim may be taken, for example, if Netafim deems that you have breached any of these Terms in any manner. Additionally, Netafim may at any times, in its sole discretion, cease the operation of the Platform or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Netafim does not assume any responsibility with respect to, or in connection with the termination of the Platform' operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the provisions of the Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.

  1. General

(a) These Terms constitute the entire terms and conditions between you and Netafim relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Netafim, (b) any claim relating to the Platform or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Netafim may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Netafim, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to DFS.India.Support@netafim.com.  

 

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