- Delta Smarts Ltd., License 098942000, operates DeltaPlus that enables the production and sending of digital invoices, business documents and receipts on the Internet.
- The agreement is written in male language for convenience only and is aimed at both sexes alike.
for the following terms shall have the meaning appearing alongside them, unless otherwise expressly stated:
- “The Platform” or “the Website” – a system for internal documentation, production of invoices and receipts, legally registered with the Tax Authority, approval number 187804.
- “User” or “Users” – Anyone who makes any use of the Company’s platform or website.
3. Commitment The
- The user undertakes to refrain from performing the following actions concerning the platform:
- browsing, scanning or using the platform using computer software designed to collect information, or perform actions in the manner of imitating a regular surfer, including Bots or Crawlers and the like;
- Manipulating the URL of internal pages, to reach internal pages to which it has no direct access (URL Hacking);
- Uploading or transferring content or performing actions that violate any law; The transmission or publication of any content that may infringe the copyright, trademark or trade secret of another or any intellectual property, the publication of defamation, obscenity or invasion of another’s privacy;
- Act as the design of the site or application, the source code, elements or content that appear on the site or application.
- The users hereby declare that any business that will be opened in their account on the site, is owned by them, or that they are employed on it, and are legally registered in Israel.
- It is the user’s responsibility to check, before using the platform, that the platform is indeed suitable for his needs, and the user will not have any claim due to the platform not adapting to his needs.
4. the platform; The license
- The company provides through the platform, among other things, a license to perform the following actions (hereinafter, the “License”): Production and sending of all documents by email or PDF (no obligation to print); Generating tax invoices/receipts with the click of a button from a transaction account; Automatic operation of credit card clearing and independent payment; Customization of regular notes on the invoice – in Hebrew and Arabic; Production of invoices in Arabic, Hebrew and a variety of currencies such as shekels, dollars, euros and more.
- The license will be granted to users who conduct business activities and are legally registered in Israel.
- The license will be granted following the usage package purchased by the user ( “Usage Package”). It is clarified that each usage package will allow for a different scope of operations.
- What is stated in section 4.1 above is for demonstration purposes only and does not exhaust all the actions that can be done with the help of the platform. For inquiries or questions regarding the license, you can contact the company representative via email at email@example.com.
- Part of the license that the company provides in the field of clearing credit card transactions constitutes a connection or link to the parties that perform the actual clearing and is conditional on the user entering into a binding agreement with the clearing party. The user’s contract in the credit card clearing agreement is made at the user’s responsibility and he is required to perform all the necessary checks before making the call. Any action taken on the Platform regarding the clearing of credit card transactions will be performed through the clearing party only, at his own risk, and following the terms of the user’s contract with the clearing body. The link provided by the Company to the clearing entity does not imply any liability on it for the clearing services to be provided to the user by third parties following the provisions of the clearing agreements.
- Sales Pages
- Delta Smarts Ltd., License. 098942000 (“Delta Smarts”) operates a system (“DeltaPlus”) that enables internal documentation, production and sending of digital invoices, business documents and receipts on the Internet (the “System”).
- The agreement is written in male language for convenience only and is aimed at all genders alike.
- Price list and cancellation policy
- The price table for setting up a sales page using the system can be found on the “Pricelist” page on the Delta Smarts website.
- Delta Smarts may change the price list from time to time at its sole discretion.
- Restriction of use
- The business undertakes not to use the system and the sales pages for purposes that are illegal. The business will sell the products and/or services listed on the sales pages and will operate the sales pages subject to and following all laws. The business undertakes to compensate and indemnify Delta Smarts in any case of complaint or claim by any third party regarding the operation of the sales page or the sale of the products and/or services on the sales page that is not following the provisions of the law.
- The business hereby agrees and confirms that representatives of Delta Smarts may at any time log into the personal account of the business in the system, among other things (but not only) to perform technical tests and/or assist with any question and/or malfunction in the system and/or operation.
- of the business, the company states that it inspected the system before the contract and found that this system is suitable for its needs and uses.
- The business declares that it is aware that Delta Smarts is not responsible for any use it makes of the system it provides and is solely and fully responsible for any use it makes of the system.
- The business is solely responsible for the content entered and displayed on the sales page and for the products and/or services it offers for sale on the sales page it has established through the system. The full and exclusive responsibility for the products and/or services, including their supply or non-supply, and/or transactions of any kind with end customers applies to the business.
- Delta Smarts will make every reasonable effort to maintain the proper operation of the sales page, but can not guarantee the continuous availability and malfunctions of the sales page. Delta Smarts may stop using the sales page from time to time for its maintenance. No monetary compensation or credit will be given due to malfunctions or interruptions in the system.
- Under no circumstances will Delta Smarts be liable for any direct or indirect damages for loss of use, loss of data or loss of profits, arising out of or in any way related to the use of the system, sales page or any other action taken through the license granted by Delta Smarts. In use or due to inability to perform actions, in their delivery or delay in the delivery or non-delivery of products or actions, or in any information, software, action or product arising in any other way from the use of the system and sales pages.
- Updating the data and content by the business in the system constitutes a declaration and an undertaking on its part that it owns the copyright in this content, that the content is legal and is not against the law or prohibited by any law. It is hereby clarified that Delta Smarts will not monitor and will not be responsible for the content contained on the sales page.
- It is the responsibility of the business to check that it has the right to use the content it uploads to its sales page, including checking that the content is not protected by copyright.
- The business agrees not to copy or duplicate any software, source code, or part of the source code of the system for any reason.
- Choice of law and jurisdiction
5. User account
- The company reserves the right, in its sole discretion, to stipulate that access to certain actions will be allowed only to the user who registered on the site and provided the company with certain details, which will be determined by the company ( “user account” or “account”).
- The user may set up several businesses under the same user account, depending on the type of subscription he purchased from the company, provided that each business has a different registration number. It is hereby clarified that it is not possible to set up two or more businesses with the same registration number under the same user account.
- The following instructions will apply to the creation of a user account:
- mandatory to provide the full details required when opening an account;
- It is forbidden to create a user account that contains data that is not the real and complete details of the account developer;
- It is forbidden to create an account for a person who is not present in front of the computer monitor at the time of registration or who does not agree to the terms of this agreement. For these provisions it will be emphasized that impersonation is a criminal offence;
- For a user who is a corporation, the contact who opened the account on behalf of the user who is a corporation ( “the original licensee”) will be considered by the company as a user.
- A user who is a corporation, who wishes to replace the original license with a new license, will submit to the company an authorized form detailing the new license (one or more) authorized to act on behalf of the corporation, plus verification of the new license. Or on the website ( “Authorized Form”). Upon receipt of an authorized form, the company will transfer the use of the platform to the new licensee and see it as a user for all intents and purposes (until receiving an updated license form from the user who is a corporation attesting to another licensee), and the original licensee will cancel all rights and rights. The original for this matter.
- It is hereby clarified that although the company takes the measures required by law to secure the content of the user account, it can not completely guarantee its non-disclosure as a result of unauthorized intrusion, and the user will have no claim against the company for damages caused by unauthorized intrusion into the user account.
- The user undertakes to observe the following rules, concerning the password that will be used to access the user account, and to perform operations on a platform that allows access only to user account holders ( “the password”):
- The password must not be discovered after or entered in an email.
- The password must be 8-16 characters long.
- The user is asked to notify the company immediately of any suspicion of unauthorized use made of his account.
- , updates and confirmations regarding the user’s actions on the site, and any other message, including e-mail editions of the site content or advertisements.
6. Trial period
- When registering on the site, the user is given a free trial period of 30 days, which begins with the activation of the account and the confirmation of the email address by the company ( “trial period”).
- During the trial period, the platform is open for full use following the basic usage package (the trial period allows the production of up to 50 documents per month). The trial period ends after 30 days, without any conditions, including bugs discovered on the platform or unavailability of the platform during the trial period. For the avoidance of doubt, it is clarified that during the trial period, the actions included in the basic route will be open to execution and further actions may be initiated at the sole discretion of the Company, as will be updated from time to time.
- Each user will have the right to only one trial period, and for use, a third party acting in favour of that user will also be considered.
7. Payment for the platform The
- amount of payment for the platform will be made according to the user package desired by the user and depending on the type of subscription (monthly or annual, as detailed below). The Company may from time to time change the amount of payment it charges for the usage packages (in whole or part) and the types of subscriptions. If the company has changed the amount of the payment, it will publish a notice of such a change and such changes will apply from the determining date on which the company will announce in the relevant publication.
- The registration for a license can be done as part of a monthly subscription which will be renewed every month automatically until cancelled by the user as stated in section 8.2 below (“monthly subscription”) or as an annual subscription that will buy the user a license for 12 months from the date of payment, and renew automatically One year until the renewal by the user as stated in section 8.3 below (“Annual subscription”)
- in respect of a transaction for the purchase of a subscription made during a calendar month, the first payment, which will be made on the date of purchase, will include payment for the balance from the date of purchase. The subscription, as well as for the entire period of the calendar month following the month in which the subscription was purchased. At the end of the following month, the monthly payment will be made at the beginning of each month and will be as specified in the usage package and depending on the type of subscription chosen by the user.
- The Company may from time to time and in its sole discretion, offer users coupons which will purchase certain discounts or benefits in the purchase of an option to perform the various actions and products on the Site. Details about the coupons and how to redeem them will be following the company’s instructions as they will be given to users from time to time. The company may offer the coupons to certain users only or a certain group of users. The Company may also, in its sole discretion, change the terms of the coupons or cancel them. It is hereby clarified that the coupons are not convertible into a monetary amount at any stage, and any coupon that is not used will not buy the user any right whatsoever.
8. Cancellation of the license and refunds
- Cancellation of an annual appointment and receipt of a refund by a user will be possible only after sending an e-mail to firstname.lastname@example.org, provided that such cancellation was made within 14 days from the date of payment, less 5% or 100 NIS, depending on The lower of both, plus the cancellation costs of the credit card company, if any. Cancellation
- of a monthly subscription by the user will be possible on the profile page by clicking on the “Cancel Subscription” button. The subscription will last until the end of the month Reimbursement for part of the month that has not been used.
- The user can cancel the automatic renewal of the annual subscription, as stated in section 7.2 above, by entering the “My Account” page on the website and clicking on the “Stop automatic renewal” button. for an additional 12 months.
- Renewed against the actions of such user, restrict the access of user Q as stated to the platform and refuse to provide the user with the platform.
- Without derogating from the above, the company reserves the right:
- to terminate or prevent the use of the license (in whole or in part) from a user who has violated a clause of this agreement, at the sole discretion of the company, and without having to notify the user in advance. No user claim will be heard in this regard.
- Remove any content or cancel any action taken by the user that violates this section of this Agreement.
- The Company will be entitled to block access to the Platform – from addresses or sites that have not been approved by the Company to use its products (in writing and in advance), or that may cause damage to the Company or its products – all at the Company’s sole discretion and without prior notice.
10. LIMITATION OF LIABILITY
- The use of the platform is the sole responsibility of the user. The platform, license, website and content on the website are offered as is (as is) without warranty of any kind. The company or anyone on its behalf will not be held responsible, directly or indirectly, financially or otherwise, for any consequences arising from the use of the platform, license, site and content offered on the site, including as a result of a transaction made using the platform or relying on information published on the site.
- Without prejudice to the foregoing, the Company shall be exempt from liability for any damage, loss or expense that may be caused to the User, directly or indirectly, as a result of any of the events and factors listed below, provided that those factors are beyond the Company’s control
- . Received in the system, or non-execution or late execution of instruction as a result of any malfunctions or disruptions in the communication lines or electronic or mechanical malfunction, whether at the user, business, company or any third party through which the instructions and information pass;
- Malfunction of any software or hardware available to the user, including any software or hardware provided to the user by a third party;
- Disclosure and disclosure of information by the user to any third party, as a result of using the license or system (including third party products or services offered to the user during the use of the license) or as a result of providing inaccurate information or transferring the system to another, including for correction or Which will be received from the company through the system or perform various actions through it as part of the use of the license, and the user undertakes to bear any damage, loss or expense caused to the user or the company in this connection.
- Without derogating from the above, it is further clarified and agreed that:
- in any case, the company’s liability under this agreement will be limited to an amount equal to the cumulative amounts paid by the user to the company for 3 months only, except in case of malicious action of the company;
- The company will not be responsible in any case for the content that will be uploaded, transmitted or published through the platform. The responsibility for these actions will apply to the user only, and no claim will be heard against the company in this matter. It is further clarified that the device used by the user in granting the license is the sole responsibility of the user, including his security.
- It is also clarified that certain actions performed by the user of the device, such as “hacking” may compromise the information security of the actions in addition to the fact that some of these actions are illegal and prohibited;
- It is hereby clarified that the Company does not undertake that the platform will operate 100% of the time; That from time to time the Company will update and upgrade the platform systems – which may result in a temporary cessation of the platform’s operations; And that the Company has no control over the availability of the products or services provided by third parties; It is the user’s responsibility to verify, before using the platform, the correctness of his connection to the Internet – the company will not bear any responsibility due to damage that may be caused to the user due to problems in his connection to the Internet;
- The Company’s systems, by being based on software, hardware and communication networks, are exposed to the risks inherent in such systems, including malware (viruses, Trojans, etc.), eavesdropping on communication lines, hacking by hostile parties, impersonating company websites or any of the systems and scams Other online. The company invests a great deal of effort in protecting against these risks, but despite this, there is no possibility of complete blocking and there may be damages or losses due to the realization of any of the said risks, including disclosure and/or disruption of information transmitted or displayed in systems, including disruption of instructions or requests. Disruptions in the operation of the systems or their response times, including non-execution, incorrect execution or delayed execution of an instruction or request, unavailability of the systems or any of the operations provided by those systems and the like. The company will not be liable for any damage caused to the user as a result of what is stated in this section.
- The company will not be liable in any case for any damage and/or loss and/or expense, which may be caused to the user as a result of use and/or malfunction and/or error and/or disruption in any system developed by a third party, which allows interface and connection to the platform or site. And that through this system the services were provided to the user, and not through the platform or the website.
- The information and content displayed on this platform are not intended to replace accounting, tax, or any other advice. The company does not offer to consult and does not provide consulting services of any kind. The user has to seek advice as necessary and not rely on the platform beyond obtaining the information contained therein. An answer provided by the Company in the context of operational support for a platform or customer service will in no way be considered as accounting advice, taxation or any other advice, or as a substitute for it.
11. The indemnification of
- the user undertakes that he will indemnify and compensate the company, for any loss, damage or defect (including expenses and attorney’s fees) that will be caused to the company, in connection with any claim or claim made to it, as a result of the user using the platform. ; All this, within 30 days from the date of receipt of the company’s demand for the first time in writing.
- The provisions of this section 11 do not detract from any other right or remedy available to the company under this agreement or any law.
12. Lack of responsibility for links
- Some of the links (Hyper-Links) that appear on the site refer to sites managed or owned by third parties. It is clarified that the link to these sites is made solely for the convenience of the user and that the company has not reviewed these sites, and does not support or be responsible for them, their content or security, and that browsing, using or providing information to these sites is the full responsibility of the user.
- It should be emphasized that there is no distinction between marking internal links and outbound links and that it is the user’s responsibility to verify the URL to which a link points before using it.
- If the user finds in the information contained in the services of third parties contained in those links, or in the information contained in the contents of any other service linked to it, material that is perceived as invalid, illegal, immoral or does not meet user expectations, the user is asked to notify The company.
13. Notice of infringing content
- If you encounter infringing content any law would be appreciated if you divert our attention by sending a message detailing the infringing content and nature of the infringement to the e-mail address email@example.com.
14. Intellectual Property
- Full Intellectual Property Rights, including copyrights, methods, trademarks, designs, patents, trademarks on the Site and Platform, application, computer code, graphic file, text, databases (including user information) and any other details relating to the Platform and Company Website – They are owned by the company only (or by a third party who has allowed the company to use them).
- The name “Delta Smart” trademarks and/or service symbols are the property of the company. The user or anyone on his behalf has no right to use these trademarks or symbols for any purpose that is not expressly stated in these terms.
- The user will not be entitled to make any use of the platform or any of its parts, in a manner contrary to the provisions of this agreement, and which may infringe the rights of the company or the rights of any third party – without obtaining the company’s prior written consent.
- The company may protect the license granted by it by technological means designed to prevent unauthorized use. The user undertakes not to attempt to circumvent the above measures.
- The provisions of this Article 14 shall apply even after the termination of the license and the termination of this Agreement, for any reason.
15. Changing the terms of the agreement; Termination of the Agreement
- The Company may terminate this Agreement for any reason by giving 30 days prior written notice to the User. The company will be entitled to terminate this agreement following a breach of the provisions of the agreement immediately by notifying the user, and no claim will be heard from the user in this regard.
16. Absence of employer-employee relationship
- It is clarified that the platform is not used to create, and will not be created between any of the users to the company for the granting of the license or the use of the platform employee-employer relationship, authorization relationship, agency or partnership, for any purpose.
17. The Assignment of Rights
- the user’s rights may not be transferred or transferred his rights under this agreement, without obtaining prior written consent from the company. The Company may assign its rights in the Third Party License at its sole and exclusive discretion, subject to the Third Party assuming the Company’s obligations to the User under this Agreement.
18. Technical Support
- Delta Smarts provides technical support services in the following channels: (a) E-mail, at firstname.lastname@example.org; (B) contact through the social networks, which appear on the “Contact Us” page on the website; And (c) by telephone. All inquiries will be answered within a maximum of 24 hours. Support services are provided during the hours of 18: 00-09: 00 on normal business days.
19. Choice of law and jurisdiction
- The unique and exclusive jurisdiction in all matters relating to matters arising or related to the agreement shall be sole to the competent court domiciled in Tel Aviv. The law that will apply to this agreement will be Israeli law only.
Delta Smarts Ltd. is the developer and operator of Delta Plus – including the website and other actions that can be performed through the license provided by it (the “Site” and the “License“, respectively).
- When using the site information about you is collected. This is the information you knowingly provide, for example, E When you sign up for a license. Some of the information does not identify you personally and is not stored together with your details – this is statistical and cumulative information. For example, the pages you viewed, the suggestions and actions that interested you, the web address (IP) from which you applied and more.
- To use some of the operations that can be performed through the license conveniently and efficiently, you may be required to provide the company with some details about you. This information includes, among other things, your full name, your e-mail address, and ID number (“Personal Information”). Yes, you will be required to provide the company with information regarding the business, including the name of the business, its type, address and the like. We clarify that you are not legally obliged to provide such personal information and that the provision of personal information is done of your own free will.
- As stated, the delivery of personal information is done voluntarily and is not required by law. However, the information provided to the company, including personal information, is necessary to create your account and grant the license. We emphasize that even if you have expressly agreed to receive marketing material or other operational information from the company, you can at any stage stop receiving such information by sending an email to email@example.com or clicking the “Remove” button, which appears in every message from the company containing Marketing material.
- license (including registration on the site) and the use you agree and confirm that the company will use such information:
- To present you with data, including accessibility or usefulness in the license.
- To monitor your use of the license.
- To improve the usability of the license provided by the company.
- To identify and prevent improper uses.
- To send email to your customers, as part of your actions and requests.
- For statistical analysis of the information, for the needs of the company.
- To use the clearing plugin, on a third-party clearing page.
- Mailing and contact with customers.
- To the extent that you do not want the company to use such information collected about you, you are asked not to use the license (including registering on the site).
- You agree that any information or content you provide to the Company for the purpose of its publication does not contain any personal information about you or any other third party.
- Subject to your express consent, the Company may use the information for marketing purposes as detailed below: For the purpose of sending marketing and / or advertising material (“marketing material”) to you and / or the business, including by e-mail or SMS, or any other means of communication, including , Based on your location and based on segmentations and preferences as perceived as a result of use.
- The legal basis for processing your personal information for the purpose of sending marketing and / or advertising material is your express consent. You may receive marketing information from the company, in the following cases: (1) if you purchased a license from the company or requested information regarding the license sold by the company, or (2) if you agreed to receive marketing material, and in each case, you did not choose to remove such marketing material. It is clarified that the company will receive your express authorization to share personal information about you with any third party for marketing purposes. You can ask the company or any third party as stated to stop sending you marketing material at any time, by clicking the “Remove” button on any marketing material sent to you, or by sending an email to firstname.lastname@example.org, at any time. However, if you choose to remove yourself and not receive marketing material, the revocation of the agreement does not apply to personal information or data provided to the company in other contexts or as a result of other transactions.
- Everyone has the right to review the information held in the database. Please correct the information or delete it. Such a request should be directed to the email address email@example.com.
- In addition, if the information in the company’s databases is used for personal contact with you, you are entitled under the Privacy Protection Law to demand in writing that the information relating to you be deleted from the database, unless the company is required to keep the information by law.
- The company implements up-to-date information security systems and procedures on its sites and servers. While these systems and procedures reduce the risks of unauthorized intrusion, they do not provide complete security. Therefore, the company does not guarantee that the platform will be completely immune from unauthorized access to the information stored on it.
- To prevent unauthorized access to the company’s information and data, and to maintain the information and ensure its authorized use, the company implements reasonable and appropriate physical, electronic and administrative procedures for storing and securing the information, and the company is given ISO 27001 and ISO 27701. And confidential information so that such access will be given only to employees who need this information for operating the site and the actions that can be performed through the license. However, due to technological limitations, the Company does not warrant that your personal information, and any other information transmitted electronically, will be completely immune from unauthorized access. Reasonable and suitable for storing and securing information. The company also restricts access to personal information and confidential information so that such access will be given only to employees who need this information for operating the site and the actions that can be performed through the license. However, due to technological limitations, the Company does not warrant that your personal information, and any other information transmitted electronically, will be completely immune from unauthorized access.
- The security of your information is important to the company. When you enter personal or sensitive information on the site, the company encrypts this information using secure encryption technology (SSL).
- You also play a significant role in information security – do not discover or share with any third party the password you use to access the site, and should be changed frequently. Whenever you finish using the site, it is recommended that you log out of the site, so that no unauthorized person can use the site on your behalf.
- The information the Company collects is stored in the database. We store information on various sites and servers in Europe
- Disclosure of the information about you to third parties The Company will not sell and/or rent and/or transfer the information about you, in whole or in part, to any third party, without obtaining your express consent.
- The company may disclose the information about you, in whole or in part, including data about your location when using the platform, to any third parties subject to the following conditions:
- As part of the use of the platform provided by Delta Smarts, to your customers only.
- Disclosure of the information or its share to certain parties is necessary for information security purposes and to perform operations on the platform. It should be emphasized that unless otherwise stated, these parties have no right to use this information beyond the purpose for which the company provides it.
- The Company will provide the information if necessary or as required by law or in legal proceedings.
- Transfer of the information to the needs required by law, as well as to related parties the clearers for the company.
- As part of the site and use of the platform, links to third party websites may appear. The company is not responsible for the privacy policies on those sites, and we recommend that you check the same privacy policies yourself, on every site.
- Cookies are small text files that are transferred to your device by a web server. This file is not a computer program and cannot read the information contained in it, or perform any activity on it. The purpose of using a cookie is so that the company’s servers can identify you quickly and efficiently when you re-use the platform and when you visit other websites.
- If you prefer to block cookies while browsing a website, you can change the browser settings you use to how it will request your approval each time individually, or refuse them outright. If you do not know how to do this, you can check the order of the process in the help tab of the browser you are using. Please note that disabling cookies may harm your use of the Platform and other data about your preferences and browsing habits.