PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.
By accessing the Site and/or by clicking the “accept” or “ok” button on the App, or by accessing and/or using the App, Sender expressly acknowledge and agree that it is entering into a legal agreement with Fetchy Ltd. (“Fetchy”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this Agreement. Sender hereby waives any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If Sender does not agree to be bound by this Agreement, it shall not access the Site or use the App.
THE SERVICE SHALL BE USED SOLELY IN ACCORDANCE WITH AND AS PERMITTED BY THE LAW AND SHALL NOT BE USED TO SHIP GOODS TO CHILDREN, ONLY TO ADULTS WHO CAN PURCHASE WITH A CREDIT CARD OR OTHER PERMITTED PAYMENT METHOD. ALCOHOL OR TOBACCO GOODS ARE INTENDED FOR ADULTS AND ANY SHIPMENT OF SUCH GOODS SHALL BE AS PERMITTED BY THE APPLICABLE LAW.
WITHOUT DEROGATING FROM THE FOREGOING OR FROM ANYTHING UNDER THIS AGREEMENT, IT IS HEREBY EXPRESSLY CLARIFIED THAT FETCHY DOES NOT PROVIDE SHIPPING SERVICES (DEFINED BELOW), AND FETCHY IS NOT A SHIPPING CARRIER, FREIGHT FORWARDER, BROKER, TRANSPORTATION SERVICE PROVIDER OR A PACKAGE DELIVERY COMPANY. IT IS UP TO THE THIRD PARTY SHIPPING PROVIDER TO OFFER SHIPPING SERVICES WHICH MAY BE ARRANGED THROUGH USE OF THE SERVICE. FETCHY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY SHIPPING SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SHIPPING SERVICES OR ACT IN ANY WAY AS A SHIPPING CARRIER, FREIGHT FORWARDER, BROKER, TRANSPORTATION SERVICE PROVIDER OR PACKAGE DELIVERY COMPANY, AND HAS NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH SHIPPING SERVICES PROVIDED TO SENDER THROUGH USE OF THE SERVICE. FETCHY DOES NOT HANDLE OR GUARANTEE SHIPPING, TRACKING, QUALITY AND CONDITION OF GOODS OR THEIR DELIVERY AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR OTHER PROBLEMS RESULTING FROM OR IN CONNECTION WITH THE SHIPPING SERVICES.
1. Ability to Accept. Sender represents and warrants that it is over eighteen (18) years of age and it is authorized to enter to this Agreement.
2.1. Site. The Site is intended for informational purposes only, although it does allow visitor Sender to be in contact with us. A Site visitor shall be referred hereto as a Sender.
2.2. Software-as-a-Service. Fetchy assists businesses (“Senders”) to optimize their shipment of Goods (defined below) to their end users (“End Users”) by finding, choosing and acquiring Shipping Services from various shipping couriers, shipping carrier, freight forwarder, brokers, and transportation service providers. “Shipping Services” means transportation of goods by a Sender (“Goods”) and delivery including returns thereof to their End Users and paid upon by the Sender.
3. Responsibility and Liability
3.1. In order to use the App and only after the creation of an account (“Account”), Sender can use the App with respect to the Shipping Services.
3.2. SENDER AGREES, UNDERSTANDS AND ASSUMES ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH THE ACQUISITION OF SHIPPING SERVICES, INCLUDING BUT NOT LIMITED TO REFRAINING FROM TRANSPORTING DANGEROUS GOODS OR PROHIBITED SUBSTANCES, REFRAINING FROM SENDING AND/OR DELIVERING ANY ITEM THAT WOULD CONTRAVENE ANY APPLICABLE LAW OR CAUSE ANY HARM TO US.
3.3. SENDER AGREES, UNDERSTANDS AND ASSUMES ALL RESPONSIBILITY AND LIABILITY IN CONNECTION WITH ALL APPLICABLE DATA PROTECTION AND/OR PRIVACY LAWS AND REGULATIONS.
3.4. SENDER REPRESENTS AND WARRANTS THAT IT CONSULTED WITH THE APPLICABLE CUSTOM AUTHORITIES IN THE ORIGIN AND DESTINATION OF THE SHIPMENT TO ENSURE THAT IT IS CORRECTLY FOLLOWING THE MOST CURRENT IMPORT AND EXPORT PROCEDURES.
3.5. ALL DISPUTES OR CLAIMS BETWEEN SENDER AND ITS END USERS, INCLUDING BUT NOT LIMITED TO GOODS’ FAILURE TO BE DELIVERED TO END USERS IN WHOLE OR IN PART, ARE ONLY BETWEEN SENDER AND ITS END USERS AND SENDER AGREES THAT FETCHY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. FETCHY RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
4. Account. We may offer different options to create an Account, including:
4.1. Online Registration Form. Sender may choose to complete and submit an online registration form. Sender will be asked to provide us with certain mandatory information such as the business name, address and email address and also a password that Sender will use for its Account.
4.2. Third Party Accounts. Sender may choose to create an Account by clicking on a ‘connect’ or ‘sign-in’ button that we display on the App for a designated third party website or service (each a “Third Party Account”), such as Facebook, Linkedin or Google+. Doing so will enable Sender to link its Account and its Third Party Account. If Sender chooses this option, then Sender will be required to approve the connection as well as the types of information (which may include personal information) that we will obtain from its Third Party Account and the types of activities that we may perform in connection with its Third Party Account. Please note that in order to use this option, Sender will need to have, and may need to be signed-in to, an existing Third Party Account.
4.3. Mandatory Information. Whether Sender choose to create an account by using an online registration form or Third Party Account, Sender will be asked to provide us with certain mandatory information such it’s physical address and phone number. Sender must provide accurate and complete information for itself. Sender is solely responsible for the activity that occurs its Account, and it must keep its Account password secure. Sender must notify us immediately of any unauthorized use of its Account.
5. Shipping Services Management and Shipping Fees
5.1. We will define the shipping fee that shall be paid by the Sender in the form of: (i) monthly subscription fee; or (ii) per shipment fee. Payment basis shall be selected at Sender’s discretion and with accordance to this Agreement (“Shipping Fee”). The Shipment Fee shall be based on, but not limited to, the required Shipping Services, the Good's size and weight or Sender total monthly Shipping volume. The Shipping Fee that appears in the App is for estimation purposes only and the final shipping fees shall be determined by Fetchy, subject to our sole discretion. The Sender shall acquire Shipping Services by placing an order in the App (an “Order”) and shall pay to Fetchy the Shipping Fee related thereto, as determined by the App, in advance. The Order shall include, inter alia, private identifiable information of Sender’s End Users).
5.2. Notwithstanding Section 5.1 of this Agreement, the Sender acknowledges and agrees that the Shipping Fee stated in the App is an estimate of the actual Shipping Fee may increase in connection with the Shipping Services.
5.4. Fetchy shall be liable, for failure to deliver Sender's Goods, up to a certain amount (as displayed in the App), as pre-determined by the App and as shall be updated from time to time by Fetchy. In any event, we encourage Sender to insure the Goods before shipment. Sender may choose to purchase from Fetchy additional insurance through the App.
5.5. Sender may cancel an Order (for any reason) prior any action that requires a payment, or Fetchy may cancel an Order if such Order cannot be confirmed. Fetchy shall refund payments made for cancelled orders back to Sender’s credit card account or other account. Sender shall not offer or accept payments using any method other than placing an order through the App or the Site.
5.6. All payments are exclusive of taxes, levies, returns, or duties imposed by taxing authorities; Sender is responsible for paying any such applicable tax. In case of a non-payment of taxes by Sender, for any reason, Fetchy reserves the right to immediately block Sender’s access to the Shipping Services.
5.7. Sender is expected to behave in an ethical and fair manner, and in any event of fraud, unethical and/or inappropriate behaviour, or non-delivery of the Goods, could result in an Account suspension, legal liability and/or criminal sanction.
6. Sender’s Warranties and Representations
6.1. Sender agrees to use the Service only for purposes permitted by this Agreement as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. IT IS HEREBY CLARIFIED THAT FETCHY IS NOT AND WILL NOT BE LIABLE AND/OR RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS OR REGULATIONS COMMITTED BY SENDER. IT IS SENDER’S SOLE RESPONSIBILITY TO ENSURE THAT ITS USE OF THE SERVICE DOES NOT CONTRAVENE THE LAW. Furthermore, Sender agrees and warrants that in using the Service, its actions do not contravene the laws of (i) the country where it resides, (ii) the country where the Goods are to be delivered, (iii) the country where the Goods are originated from, or (iv) the country in which Fetchy is located and/or operates. Sender shall comply with the applicable export and import restrictions as well as restrictions on the transport of prohibited substances.
6.3. Sender represent and warrant that:
6.3.1. It shall comply with all transport regulations and instructions provided by transportation officials.
6.3.2. It shall cooperate with any transportation official inquiries as to whether Sender is transporting goods for someone else and agree to respond truthfully.
6.3.3. It is aware that any failure to follow laws, regulations, or guidelines may result in civil or criminal liability for itself.
6.3.4. It shall have no recourse, legal or otherwise, against Fetchy if Fetchy refuses to deliver Goods.
6.3.5. It shall not seek delivery of any item the transport of which would contravene any applicable law or regulation of the country of origin, the destination country, or the countries where Fetchy is located or operates.
6.3.6. In any use of the App, Sender shall bear any and all taxes in connection with any payments made to it pursuant to this Agreement. In the event that pursuant to any law or regulation, tax is required to be withheld at source from any payment made to Sender, Fetchy shall withhold said tax at the rate determined by said law or regulation.
6.3.7. It has the right, power and authority to enter into this Agreement;
6.3.8. It owns or has the necessary rights and permissions to use the Service;
6.3.9. It complies with all applicable data protection and/or privacy laws and regulations; and
6.3.10. It has received all required consents under any applicable privacy laws from the End-Users the use and for the purpose(s) for which their information is collected as a result of using the Service all in accordance herewith.
6.4. Shipment of Pieces of Art
6.4.1. The Sender acknowledge that the shipment of Goods which are work of art, artistic productions or any other Goods which may be reasonably considered as pieces of art (“Art”), will be accepted to shipment based on the following representations and warranties made by the Sender in respect to each shipment of such Art: (i) the author, composer, sculpture painter or any other sort of creator of such Art is still living; (ii) the Art can be returned or replaced; and (iii) the Sender have a valuation report issued by an art dealer or an art gallery in the 12 months period.
6.4.2. The Sender also acknowledge that the following items are not allowed for shipping by using the App, and represent that it shall not use the App to ship any of the following items: (i) original copies or lithographs; (ii) original sculptures; (iii) Stamps not being produced anymore (iv) collectables; animals, rocks, coins or art tools; and (v) antiques (including without limitation work of art, artistic productions or other types of pieces of art ) 100 years old or older furniture. silverware, Judaica etc.
6.4.3. The Sender also acknowledge that in order to receive compensation for damages incurred or for a lost item in an amount in excess of US$ 100, in connection with the shipment of Goods as set forth in this Section 6.4, the Sender must provide Fetchy and/or and or the shipping vendor with sufficient evidence by way of a commercial invoice or a valuation report issued by an appraiser, issued in the last 12 months period, indicating that the value of the aforesaid Goods is in execs of US$ 100, failure to provide such evidence will result in rejecting the claim of the Sender.
7. Customs Clearance. Sender is responsible for and warrants its compliance with all applicable laws, rules, and regulations, including but not limited to customs laws; import, export, and re-export laws; and governmental regulations of any country to, from, through, or over which Sender’s shipment may be carried. Sender agrees to furnish such information and complete and attach to the Goods such documents as are necessary to comply with such laws, rules, and regulations. Fetchy assumes no liability to Sender or any other person for any losses or expenses due to its failure to comply with this provision.
8. Items Not Acceptable for Transportation. We exclude all liability for items that are excluded from shipments. We reserve the right to reject any Goods for any reason, including reasons of safety or security.
9. Licenses and Restrictions.
9.1. License to Site. Subject to the terms and conditions of this Agreement, we hereby grant Sender a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“Site License”) to access and use the Site and Content (defined below), provided that Sender complies with this Agreement.
9.2. License to App. Subject to the terms and conditions of this Agreement, we hereby grant Sender a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“App License”) to access and use the App via the Site in connection with the Account.
9.3. License Restrictions. Sender agrees not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Service; (ii) make the Service available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Service; (iv) copy, modify, improve, or create derivative works of the Service or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Service; (vii) use any communications systems provided by the Service to send unauthorized and/or unsolicited commercial communications; (viii) use the Fetchy name, logo or trademarks without our prior written consent; (ix) use the Service to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement; and/or (x) not to use the Service for any unlawful purpose, or one that could associate Fetchy with any improper or inappropriate purpose (including but not limited to, infringement or misappropriation of any third party intellectual property, privacy, data protection or publicity right).
11. Intellectual Property Rights.
11.1. Ownership. The Service is licensed and not sold to Sender under this Agreement and Sender acknowledges that Fetchy and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in Service (and its related software). We reserve all rights not expressly granted herein to the Service. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
11.2. Content. The content on the Service, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), is the property of Fetchy and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Fetchy” and the Fetchy logo are Marks of Fetchy and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
11.3. Use of Content. The content on the Service is provided to Sender “as is” for Sender’s use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If Sender downloads or prints a copy of the content Sender must retain all copyright and other proprietary notices contained therein.
12. App Use Payments.
12.1. The Site License granted hereunder is currently for free, however, we may in the future charge a fee for uses.
12.2. The Shipping Services shall be billed in accordance with the fees detailed in the App.
12.3. Sender’s use of the Service may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for Sender’s internet or data usage are applicable, Sender agrees to be solely responsible for those charges.
13. Push Notifications
Fetchy may use the Push Notifications in connection with the App.
14. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the Service is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving Sender any notice prior to or after making such changes to the content.
15. Warranty Disclaimers.
15.1. EXCEPT AS EXPLICITLY STATED UNDER SECTION 5.4, THE SHIPPING SERVICES ARE NOT PROVIDED BY FETCHY AND WE ARE NOT RESPONSIBLE FOR, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES REGARDING, THE QUALITY, APPROPRIATENESS, USEFULNESS, SUITABILITY FOR SENDER’S USE, SAFETY OF, OR RELATING TO, THE SHIPPING SERVICES.
15.2. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
15.3. WE DO NOT WARRANT THAT THE SHIPPING SERVICES DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, UP-TO-DATE, THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICE. SENDER AGREES THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO SENDER OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
15.4. IF SENDER HAS A DISPUTE WITH ANY OTHER APP USER OR WITH OTHER THIRD PARTY OR REGULATORY AUTHORITIES, SENDER AGREES THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
15.5. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT SUCH EXCLUSIONS MAY NOT APPLY.
16. Limitation of Liability.
16.1. UNDER NO CIRCUMSTANCES SHALL FETCHY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF FETCHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2. IN ANY EVENT, FETCHY'S TOTAL AGGREGATE LIABILITY, AND SENDER’S SOLE REMEDY, FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM SENDER’S USE OF OR INABILITY TO USE THE SERVICE, OR FOR CLAIMS RELATED TO DATA PROTECTION BREACH, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY SENDER TO FETCHY FOR USING THE APP OR THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
16.3. We will not be liable for Sender’s acts or omissions, including but not limited to incorrect declaration of cargo; improper or insufficient packing, securing, marking, or addressing of the shipment of Goods; or for the acts or omissions of the recipient or anyone else with an interest in the Goods. Also, we will not be liable if Sender violates any of the terms of this Agreement. We will not be liable for loss, damage, delay, shortage, misdelivery, nondelivery, misinformation, or failure to provide information in connection with shipments of cash, currency, or other prohibited items.
16.4. We will not be liable for loss, damage, delay, shortage, misdelivery, nondelivery, misinformation, or failure to provide information in connection with the shipment of Goods caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority.
17. Indemnity. Sender agrees to defend, indemnify and hold harmless Fetchy and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) Sender’s use of, or inability to use, the Service; (ii) Sender’s violation of this Agreement; and (iii) Sender’s violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing Sender’s obligations under this section, we reserve the right (at Sender’s own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by Sender if Sender chooses not to defend or settle it. Sender agrees not to settle any matter subject to an indemnification by Sender without first obtaining our express approval.
18. Export Laws. Sender agree to comply fully with all applicable export laws and regulations to ensure that neither the Service nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
19. Updates and Upgrades. We may from time to time provide updates or upgrades to the Service (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to Sender. Sender consent to any such automatic updating or upgrading of the Service. All references herein to the Service shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Service, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
20. Third Party Open Source Software. Portions of the Service may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms is available at www.Fetchy.net. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Fetchy makes no warranty or indemnity hereunder with respect to any third party open source software.
21. Term and Termination.
21.1. This Agreement is effective until terminated by us or Sender. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and Sender’s use of the App with or without cause, and shall not be liable to Sender or any third party for any of the foregoing. If Sender objects to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, Sender only recourse is to immediately discontinue use of the App.
21.2. Upon termination of this Agreement, Sender shall cease all use of the App. This Section 22.2 and Sections 3 (Responsibility and Liability), 6 (Sender’s Warranties and Representation), 11 (Intellectual Property Rights), 15 (Privacy), 16 (Warranty Disclaimers), 17 (Limitation of Liability), 18 (Indemnity), 21 (Third Party Open Source Software) and 23 (Assignment) to 26 (General) shall survive termination of this Agreement.
22. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by Sender but may be assigned by Fetchy without restriction or notification.
23. Modification. We reserve the right to modify this Agreement at any time by sending Sender’s an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and Sender’s continued use of the App thereafter means that Sender accepts those changes.
24. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. Senders agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
26. General. This Agreement, and any other legal notices published by us in connection with the Service, shall constitute the entire agreement between Sender and Fetchy concerning the App and the Site. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by Fetchy. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. SENDER AGREES THAT ANY CAUSE OF ACTION THAT SENDER MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(i) Sender represents and warrants that: (a) Sender 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 (b) Sender is not listed on any U.S. Government list of prohibited or restricted parties.
(ii) If Sender have any questions, complaints, or claims regarding the App, please contact Fetchy at:
Address: 45 Rotchild St. Tel Aviv, Israel.
Last updated: September 2017
3. What Personal Information We Collect and How We Collect It. We do not currently require you to provide Personal Information in order to have access to general information available on the Site. But, we do receive and/or collect Personal Information from you in the following ways:
3.1. ‘Contact Us’ Information. If you send us a “Contact Us” request, whether by submitting an online form that we make available or by sending an email to an email address that we display, you may be required to provide us with certain information such as your name and email address.
3.2. Log Files. We may make use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We may use such information to analyze trends, administer the Site, track users’ movement around the Site, and gather demographic information.
3.3. Cookies and Other Tracking Technologies. Our Site may utilize “cookies”, anonymous identifiers and other tracking technologies in order to for us to provide our Site and present you with information that is customized for you. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site. Certain cookies and other technologies may serve to recall Personal Information, such as an IP address, previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
4. The Way We Use Personal Information. If you submit or we collect Personal Information through the Site, then we may use such Personal Information in the following ways, via any applicable communication channel, including e-mail, SMS, etc.:
4.1. We will use your Personal Information to provide and improve our Site, to send you marketing/advertisement communications that we believe may be of interest to you, to contact you in connection with the Site and certain programs or offerings that you may have registered for.
4.2. We may use your designated email address to: (i) send you updates or news regarding the Site and our products; and/or (ii) respond to a “Contact Us” request.
4.5. We may disclose your Personal Information or any information you submitted via the Site if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce the Agreement, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Fetchy, our users, yourself or the public.
5. Use of Anonymous Information. We may use Anonymous Information (as defined below) or disclose it to third party service providers in order to improve our Site and enhance your experience with the Site. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Site.
6. Opting Out. You may choose not to receive future promotional, advertising, or other Site-related emails from us by selecting an unsubscribe link at the bottom of each email that we send. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails that are necessary to facilitate your use of the Site.
7. Choice. At all times, you may choose whether or not to provide or disclose Personal Information.
8. Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any of your other Personal Information that we may be storing, you may submit an access request by sending an email to firstname.lastname@example.org. Your email should include adequate details of your request.
10. Children’s Privacy. The Site is not structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years. If we learn that we have collected Personal Information from a child under 13 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at email@example.com.
11. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use reasonable acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Site, you can contact us at firstname.lastname@example.org
12. Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing events.
13. California Privacy Rights. California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com. Please note that we are only required to respond to one request per customer each year.
14. Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personally identifiable information about an individual consumer’s online activities over time and across different web sites when a consumer uses the Site.
Last updated: September, 2017