Terms of Service for Products and Services Provided by ManageKit Ltd., Also Doing Business As SohoOS
1. General
1.1 Welcome to the HAAL1 website, owned and operated by Managekit Ltd. (hereinafter: "Website" and "Managekit", respectively).
1.2 Use of the website, content and services therein are subject to these terms of use and to all other terms appearing in this website (hereinafter: "Terms of Use"). It is hereby clarified that Managekit reserves the right to update the Terms of Use from time to time, upon its sole discretion and with no obligation of providing any advanced notice whatsoever. In any change to the Terms of Use, the change will automatically apply to all website users, starting on the date of the change.
1.3 Accessing the website and using in section thereof reflects your consent and acknowledgement of the Terms of Use. If you do not consent to the Terms of Use applying to you, you may not use the website or any section thereof.
1.4 The Terms of Use are phrased in masculine form for purposes of convenience only and the provisions herein relate to both men and women.
2. Using the Website with an "Authorized User" Account
2.1 Website use is subject to opening an "Authorized User" account.
2.2 A preliminary condition for confirming an "Authorized User" account and/or any use of the website and/or services provided therein, is that you are 18 (eighteen) or older or a company incorporated under the laws applicable at the site of incorporation and activity, and that you are legally competent regarding your undertakings and consent to the website Terms of Use.
2.3 Upon entering the Website and submitting an application, your request will be forwarded to Managekit. Managekit reserves the right, upon its sole discretion, to approve and/or cancel your application to use the Website with no need for any advanced notice and with no obligation to explain or provide grounds for this decision. You shall not be entitled to any compensation or remuneration due to your said rejection. A user whose application is approved, will be provided account details (organization name, user name and password), which will confirm that he is an Authorized User (hereinafter: "Authorized User").
2.4 It is hereby clarified that Managekit reserves the right to amend the registration process and manner of utilizing the Website so that registration and confirmation will be automatic in the future.
3. Services Offered On-Site
3.1 General
3.1.1 This Website is intended, inter alia, for free use of administrative management modules for small and medium businesses (SMB and SOHO). In addition, the Website occasionally offers and/or will offer additional services subject to a fee, all subject to the terms set forth in these Terms of Use.
3.1.2 Managekit reserves the right, at any time and upon its sole discretion, to alter the content of the Website and all of the services offered therein (whether free of charge or subject to a fee) and any part thereof, to replace them and/or remove them from the website, to delete and/or add and/or alter services, and any such change shall apply to every Website user, immediately upon implementing the said change in the Website.
3.1.3 Managekit hereby clarifies that it and/or the Website and/or the free system and/or the services subject to a fee and/or the use thereof, do not comprise any legal and/or accounting and/or other advice and/or an alternative to user management on the Website and/or management of their businesses, and it is not but an Internet tool to be used by Authorized Users, without any liability on the part of the Website and/or Managekit, all as set forth in Article 12 below.
3.1.4 The data and/or information appearing on the Website (hereinafter: "the Information") was partially received from third parties, including other websites (hereinafter: "Information Providers"). The Information may change from time to time and is provided As Is, based on best efforts only, for your convenience. After the Information is published, changes may apply thereto, which shall not be immediately reflected on the Website.
3.2 Free Services
3.2.1 Subject to opening a user account and its approval by site administration, the Website provides administrative management modules for small and medium businesses based on modules appearing in the Website and as amended from time to time (hereinafter: "the Free System").
3.2.2 Using the Free System will enable, inter alia, customer detail management, supplier detail management, invoice control, time tracking management, importing electronic mailboxes, inventory management, product management, campaign management, support management, sales management, contact management, limited storage capacity and maintenance, all in an integrative manner between the modules, as possible, and all subject to these Terms of Use.
3.2.3 Without derogating from the content of these Terms of Use above and below, Managekit is not responsible for the operation of the Free System, its use by the Authorized User and/or any entity and/or person and/or the contents and information fed into this system.
3.2.4 Managekit reserves the right to cancel the Free System at all times and/or to discontinue its operation, fully and/or partially, while providing the Authorized User notice, 30 days in advance. In addition, Managekit reserves the right to halt the system for routine maintenance from time to time, on a fixed basis, and while providing short notice in advance to the Authorized Users, to the extent possible.
3.2.5 It shall be clarified that the site administration reserves the right, at all times, to determine that services provided free will become services subject to a fee and, in such case, notice will be sent to all users 90 days in advance. Any customer who opts out of the service due to such notice, will be able to export all of his data from the system in Excel format, for free during the period of early notice.
3.3 Fee Based Services
3.3.1 In addition to the Free System, the Website offers and/or will offer its Authorized Users the option of using third party services, including integrative services at no cost, upon Managekit's sole discretion and its choice from time to time, all against a payment scheme of Pay As You Go or any other plan determined by Managekit. Examples of services that may occasionally be provided and which shall appear on the site:
3.3.1.1 Fax transmission and SMS services.
3.3.1.2 Production and delivery of digital invoices.
3.3.1.3 Human response, support and training services provided by customer support representatives.
3.3.1.4 Provision of backup files for your information in the Website, if any and to the extent that such saved information exists.
3.3.1.5 Electronic trading arena.
3.3.3 It is hereby clarified that the offer of fee based services on this Website does not comprise any obligation by Managekit to the provision of the said services and/or the availability thereof and/or does not subject it to any liability relating to the said service and/or regarding the acts and/or omissions of third parties providing such services.
3.3.4 In any event in which the acquisition of fee based services is performed with a credit card, you hereby declare that the card used to complete the purchase is a card owned by you or the corporation on behalf of which you are executing the transaction, and that the card is valid and that you are authorized by law and/or agreement to carry out the transaction at the relevant amount and terms, using the credit card.
3.3.5 Where the fee based services are acquired by a corporation, you hereby declare, in addition to the above, that you are authorized by law and pursuant to the corporation articles of incorporation and resolutions set forth by the authorized organs thereof, to execute the purchase.
3.3.6 Where you are uncertain as to whether or not you wish to use the fee based services through the website, you may contact Managekit through the website, listing the services that interest you and relevant contact details. Managekit representatives will contact you to clarify your request. It is hereby clarified that this services is provided at no charge, but the price of using the fee based services will be the price of the service when you use them in practice. Where you choose to use the fee based services using the website, and subject to the provisions of these Terms of Use, you will be able to execute the order and use the services independently, through the Website.
4. Terms of Use for the Website and Services Offered Therein
Using the Website in contravention of these Terms of Use and, inter alia, in the following cases, is forbidden:
4.1 Using the Website if you are not an "Authorized User".
4.2 Granting others permission to use the Website without a direct affiliation between the other party and Managekit through the Website, except when adding and additional user to the system that Managekit will operate for you (personal management system).
4.3 Using the Website and/or any part thereof in contravention of the instructions for use.
4.4 Interfering with the use of the Website by others or by Managekit.
4.5 Using the Website for any act that violates creators' rights or any other third party or Managekit right.
4.6 Using the Website for any act that violates the provisions set forth by law, certified authorities or judicial orders.
4.7 Inserting links to this Website and/or the services provided therein, in any manner whatsoever, without obtaining prior written approval from Managekit.
4.8 Using the Website for any action that may harm, humiliate and/or defame others or harm their good name.
4.9 Using the Website in any manner that comprises an attempt to interfere or intervene in any manner with the content, components or any part of the Website.
4.10 Performing or attempting to perform any unauthorized use of the Website.
4.11 Performing any act that comprises hacking into Website and/or Managekit computers.
4.12 Interfering, obstructing or decoding the existing and/or future encoding measures on the Website and conducting any forbidden use of the Information existing on the Website and/or in Managekit computers.
4.13 Transferring and/or granting your rights to use the Website and/or any part thereof and/or the services offered therein, whether for consideration or for free and/or in any other manner.
It is hereby clarified that unauthorized use comprises a fundamental violation of the provisions of these Terms of Use, with all implications derived thereof, and such violating use may comprises a criminal offense that may lead, inter alia, to appropriate measures by the relevant authorities.
5. Prices
5.1 All of the prices presented on the Website are provided in the local currency and do not include VAT, which shall be added in accordance with the VAT rate applicable to the payment received from you.
5.2 It is hereby clarified that, to the extent that any taxes and/or duties and/or other obligatory fees apply on the acquisition date, such fees will be added to the price quoted on the Website.
5.3 The prices displayed are correct as of the date set forth on the price page.
5.4 Managekit reserves the right to amend the service prices, upon its sole discretion, and with no need for prior notice. An updated service pricelist shall appear on the Website approximately once every 60 days.
6. Agreement Cancellation and/or Termination
6.1 Managekit reserves the right, upon its sole discretion and at any time, to prevent or restrict your use of the Website, for any reason whatsoever, without prior notice and without Managekit being liable toward you and toward any third party.
6.2 Without derogating from the generality of the above, if and when, upon submitting an order through the Website, you provide incorrect identifying details, including address, identification number, credit card details – in relation to fee based services, etc. – and/or where you choose to pay by credit card and the application is rejected by the credit company and you fail to take action within seven days of receiving such rejection from the credit company in order to resolve the problem and obtain a new approval from the credit company, Managekit shall be entitled to close your user account upon its sole discretion, without derogating from its right to collect the payments due from you and/or any other remedy to which it shall be entitled by law.
6.3 In the event of a request for user account cancellation due to a service flaw or incompatibility, as defined in Article 14E (B) of the Law of Consumer Protection, you must contact Managekit through the link appearing on the Website and/or in writing to the following address: 66 Rothschild Blvd., Tel Aviv.
In the event of cancellation derived of a reason other than service flaw or incompatibility, as stated above, and as defined in Article 14E (B) of the Law of Consumer Protection, you must contact Managekit through the link appearing on the Website and/or in writing to the following address: 66 Rothschild Blvd., Tel Aviv, 65785. It is hereby clarified that, in such case, Managekit shall be entitled to refuse the cancellation and/or render it conditional, based upon its sole discretion. In any such event, the cancellation of the user account does not detract from your obligation to pay all of the amounts due from you in consideration of the fee based services that you used under the said user account to be cancelled.
6.4 Notwithstanding the above, it is hereby agreed that where termination is not derived of a violation of the rules of these Terms of Use and/or misuse of the Website at your hand, one of the following two conditions shall apply, subject to Managekit discretion: Managekit will provide you with all of the Information appearing on the Website and which you use, on magnetic media, or alternately, you shall be permitted to continue using the Free System only, not the fee based services, for a period of no more than 30 additional days. After the said 30-day extension, all Website services will be blocked and Managekit shall be entitled to delete all of the Information on the Website after another 90 days, without retaining any backup thereof and without providing any additional notice in this regard.
6.5 Where termination is derived of a violation of the rules of these Terms of Use and/or misuse of the Website at your hand, without derogating from any remedy available to Managekit due to the said violation, Managekit will provide you with all of the Information appearing on the Website and which you use, on magnetic media, for a fee as required by Managekit and on terms thereby determined. Managekit will immediately block your access to the Website and all services thereon and Managekit shall be entitled to delete all of the Information on the Website after another 90 days, without retaining any backup thereof and without providing any additional notice in this regard.
6.6 In no case will Managekit and/or any related party, employees thereof and/or anyone on its behalf, be held liable to any damage and/or loss and/or expense caused to you and/or anyone on your behalf and/or in your stead, whether directly or indirectly in relation to and/or derived from the cancellation of your user account and/or the blockage of your access to any of the services provided on the Website. It is hereby clarified that wherever Managekit is subjected to any liability and/or responsibility, notwithstanding the content of these Terms of Use, Managekit's overall liability shall not exceed the cumulative consideration paid by you in consideration of the fee based services during the three months preceding the cancellation or blockage.
7. Privacy Policy
7.1 Managekit invests great efforts toward protecting the privacy of Website users, including the encoding of credit card number transfers, etc. Nevertheless, it is hereby clarified that Managekit cannot guarantee absolute protection and therefore you hereby declare that the information required by the Website is entered upon your own responsibility and that Managekit and/or anyone on its behalf shall not be liable for any use of the details provided to the Website by you, including use of this Information by third parties.
7.2 Managekit may occasionally send you promotional information via e-mail – whether information that it advertises itself or information received from other advertisers for the purpose of delivery. Nevertheless, where you have provided your details for Website use, Managekit will not disclose your personal details to advertisers, unless you have explicitly agreed thereto during the registration process. It is hereby clarified that you may refuse any promotional material, both when registering to the Website and thereafter by sending an e-mail to info@managekit.com, and Managekit undertakes to remove you from its mailing list within 7 working days of receiving the e-mail message.
7.3 It is hereby clarified that, in order to receive the services under these Terms of Use, you must provide Managekit with your personal details. Failure to submit such details will prevent the provision of services under these Terms of Use.
7.4 Subject to your explicit consent as set forth in Article 7.2 above, Managekit may use the details provided on site – and the information that it compiles regarding your Website use patterns – toward improving the services that it provides and/or to contact you where necessary and/or for statistical analyses for Managekit purposes and the provision of statistical data to third parties, including advertisers and/or for performing the fee based services and providing these figures to the providers of these services and/or to third parties relating thereto, and
7.5 Managekit shall be permitted, upon its sole discretion and at any time, to transfer ownership of this Website to a third party. You hereby agree that Managekit shall be permitted to transfer your details, as are in its possession, and the information that you entered while using the Website, to a third party in the event of such transfer of ownership.
8. Links to other websites and advertising
8.1 This Website may contain links to other sites and advertisements, and Managekit is not responsible to the terms of use of other websites and/advertisements, their content and all that is related to or derived from them. You use of links to other sites and/or advertisements or the use of other websites, are subject to your sole responsibility.
8.2 It is hereby clarified that advertising on the Website does not comprise any encouragement or recommendation to purchase the products or services offered for sale by the advertisers.
8.3 Managekit shall bear no liability to the content of commercial information or advertisements presented on the Website.
8.4 Managekit does not write, review, edit or verify the content and/or truth of the said advertisements.
8.5 The advertisers are solely responsible for the content of the said advertisements and the commercial information therein
8.6 Managekit shall take measures toward removing and/or preventing advertising that violates the law, starting on the date in which it explicitly learns that the advertisement or information is in violation of the law.
8.7 As stated, the Website does not advertise and/or distribute advertisements, but rather enables the advertiser or distributor to use the Website as an interface for presenting the advertisement only.
9. Intellectual Property Rights
9.1 All of the creators' rights and intellectual property rights, of any kind or form, relating to the selection, compilation, arrangement and presentation of all of the contents and services on this Website, its planning and design, jointly and severally, are exclusively held by Managekit and/or anyone on its behalf and/or third parties duly granting Managekit use thereof and/or which it may use. You shall not be entitled to use this Website in any manner that violates and/or attempts to violate any of the said rights. You may print the content of this Website or any part thereof, for your own personal use, subject to the stipulation that you are not violating or attempting to violate any of the rights to the content of the Website or the other such protected matters. Any other use is strictly prohibited without prior written approval from Managekit.
If and to the extent that such consent was granted, you may avoid removal, deletion or interruption of any notice or sign relating to intellectual property rights.
In these Terms: "Content" – include editorials, reviews, figures, any action for the existence of a right to use and/or acquire usage licenses and/or services proposed on or through the Website, notices, analyses, content, estimates, in text, images and/or sound, which shall be made available to Website visitors and the various end devices using any means whatsoever, currently in existence or which shall exist in the future, whether belonging to Managekit or any third party granting the Company usage rights.
9.2 This Website may contain contents whose rights are reserved to third parties. Any such use is subject to the content of these Terms and subject to third party rights to the said content.
9.3 Without derogating from the above, it is hereby clarified that all of the pages appearing on the Website are the sole property of Managekit. Do not reproduce or publish the pages, partially or in full, without explicit, prior and written consent from Managekit. The creators' rights to the concept underlying the Website, including the design thereof, trademarks and any other operation that is unique and exclusive to the Company, are reserved to the Company. In addition, the Website must not be changed, copied, distributed, broadcast, presented in public, duplicated, advertised or any part thereof transferred to any third party without prior written approval from Managekit.
9.4 The Managekit name and Website domain name, trademarks (whether registered or not), Managekit's name and own trademarks – are all the property of Managekit only. Do not use them without prior written approval from Managekit.
9.5 Do not use any of the figures appearing on this Website for the purpose of presenting them on any other website or service, including by way of providing links, without prior and written approval from Managekit and subject to the terms of the said consent (if granted). In this regard, figures may not be compiled from the Website using Robots, Crawlers and other such software nor can such figures be published commercially or within a commercial framework.
9.6 If you feel that any contents appearing on this Website somehow violate your intellectual property rights, please contact us through the contact information appearing below, describing the violation that you feel has been committed, your contact details and details relating to your intellectual property rights to the said content, together with your declaration by which the content of your notice is correct and accurate.
9.7 Any commercial use of the figures appearing on the Website, the database, product lists, prices, details or any other item appearing on the website, is strictly prohibited.
9.8 This Website, the information downloadable software and other elements presented therein may be duly protected by creators' rights and intellectual property right laws in Israel and abroad. Subject to fairly applying these laws, you may not alter, distribute or make any commercial use of the information, unless permitted to do so by the rights holders.
9.9 Where third party software is used throughout this Website for the purpose of using certain services, you undertake to act in compliance with the terms of the licenses set forth by the said software providers.
9.10 The use of fee based services offered by the Website, without paying for them, comprises a violation of the Terms of Use for the Website, the services, the modules and various software installed therein, which, in turn may lead to the Managekit's violation of undertakings toward third parties and/or creator rights laws, and is strictly prohibited. It is hereby clarified that Managekit shall not sanction any use of the Website and/or of the services provided therein in contravention of these Terms of Use, and Managekit reserves the right to terminate services to such a violating user with no prior notice, and to take any other action duly required, subject to the content of these Terms of Use. Immediately upon termination of services for anyone using the software, for any reason whatsoever, you undertake to remove the software that you have installed.
10. Technical Support and Training
10.1 The License Agreement does not provide for any technical support and training, excluding Website and storage capacity maintenance, as stated above. For purposes of convenience, you may download the user guide containing detailed explanations relating to the operation of the Website. Simply click the support icon on the lower toolbar.
10.2 If you require technical support and training services, you may acquire such services under the fee based License Agreement, subject to provisions set forth in the Website and in these Terms of Use.
11. Website Maintenance
11.1 Under the Free System, Managekit will provide ongoing maintenance services for the Website. Ongoing Website maintenance will occasionally require Website shutdown for several hours a week.
11.2 Upon confirming these Terms of Use, you acknowledge and agree that, for the purpose of Website maintenance, the Website shall be occasionally shut down for a period of up to 120 minutes. Managekit shall notify users of the dates on which maintenance procedures shall be carried out.
12. Limited Liability
12.1 Managekit shall bear no liability, whether direct or indirect, for any reason whatsoever, if you are unable to use the Website, whether fully or partially, and to execute transactions therewith.
12.2 In no way, shall Managekit and/or any entity related thereto, their employees and/or anyone on their behalf be liable in any manner to damage and/or loss and/or expenses caused to you and/or anyone on your behalf and/or in your stead, whether directly and indirectly, relating to and/or derived of your use of the Website, excluding where the damage and/or loss was caused by gross negligence and/or malice on the part of Managekit and/or anyone on its behalf. In addition, Managekit and/or anyone on its behalf are not and shall not be liable in any way to any service and/or use that cannot be executed. Without derogating from the above, it is hereby clarified that Managekit shall not bear any liability for faults in backing up the information entered to the Website by you and you are required to maintain backup of your own, accordingly.
12.3 It is hereby clarified that in any event in which Managekit is subjected to any responsibility and/or liability, this liability shall be limited to direct damage and/or loss only and, in no event, shall Managekit's overall liability exceed the consideration that you paid for the fee based services consumed by you during the three months preceding the alleged damage and/or loss. Managekit and/or anyone on its behalf shall not be liable for any indirect (including damage to goodwill) or consequential (such as lost profits) damages.
12.4 Managekit does not guarantee uninterrupted Website services and does not undertake that they shall be provided in an orderly or continuous manner, performed securely and without effort and shall be immune to unauthorized access to Managekit computers or to damages, faults or failures – all relating to the hardware, software, communication lines and systems, on Managekit premises or any of its suppliers.
12.5 Use of the Website and contents thereof is provided As Is, pursuant to Managekit discretion, and you shall have no complaint, claim or demand toward Managekit relating to usage specifications, restrictions or responses. Use of the content presented on the Website, end devices and Website services is therefore your sole and full responsibility. Furthermore, Managekit and its suppliers reject any responsibility and duty relating to the services, including any implied liability and duty regarding suitability to a commercial or general objective, suitability to a certain aim, professionalism of performance, ownership and non-violation of rights.
12.6 Managekit wishes to clarify that although it invests maximum efforts for the Website to remain as current and accurate as possible, the Website is not free of inaccuracies or errors. Use of this Website is, therefore, your responsibility only.
12.7 The Website may allow for downloading software. Managekit and/or the software manufacturer are not liable for any damages that may be caused due to the downloading of such software and/or the use of any software downloaded from the Website, including viruses, spyware, etc. Downloading and using any software is subject to the content of the license agreement relating to use of the said software.
12.8 The Website may contain links to other websites and/or services that are operated by third parties which the user shall access by using the Website. Managekit has no control over the said links and/or services and it does not undertake that all of the links appearing on the Website shall be complete and leading to an active Internet site. Links to third party websites must not be construed as validation and/or sanctioning and/or a recommendation and/or any preference by Managekit for the linked sites, their content, operators or the products and services presented therein. Managekit shall bear no liability to the content appearing in the linked sites, the use or reliance on the information appearing in the linked sites and the services and products offered therein or the advertisements presented therein.
12.9 This Website must not be construed as financial, managerial, accounting, legal advice or any other form of advice. The results and/or advice and/or any products whatsoever, of any kind or form, obtained through the services for business, management, personal, medical, legal, financial or other decision making services must not be relied upon and you must refer to the appropriate professional in order to obtain the advice best suited to your specific situation.
13. Applicable Law and Jurisdiction
These Terms of Use shall be subject solely to the laws of the State of Israel. Sole jurisdiction for any issue related to this agreement and use of the Website shall be granted to the authorized courts in the Tel Aviv Yaffo area.
