Terms of Use and Policy

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1. General

1. Delta Smarts Ltd., License 098942000, operates DeltaPlus that enables the production and sending of digital invoices, business documents and receipts on the Internet.
2. Terms of Use shown below (“Terms of Use” or “Agreement”) regulate the relationship between the Company and the User (as defined below) concerning the use of the Platform as defined below).
3. The Terms of Use do not derogate from or modify any other agreement between the User and the Company. In any case of conflict between the Terms of Use and other individual documents, what is stated in the other documents shall prevail, unless otherwise stated. Without derogating from the above, in any case of conflict or inconsistency between the Terms of Use and the terms or provisions published in any other means of publication, the provisions of the Terms of Use shall prevail.
4. Use of the Platform constitutes acceptance and acceptance of the terms of this Agreement. A user who does not agree to the terms of use (some or all) set out in this agreement, may not make any use of the platform or any part thereof.
5. It is hereby clarified that the terms of this agreement operate in parallel and are subject to the terms of use of third parties, as such, they come to add to them.
6. The agreement is written in male language for convenience only and is aimed at both sexes alike.
7. The section headings have been inserted for convenience only and do not have, and will not be given, any weight in the interpretation stated in the Terms of Use.
8. All provisions of the Terms of Use regarding the clearing of credit cards will apply to any user who has purchased the clearing add-on (as defined by this term below), and uses the platform, inter alia, to clear credit card transactions.

 

2. Definitions

for the following terms shall have the meaning appearing alongside them, unless otherwise expressly stated:

1. “The Platform” or “the Website” – a system for internal documentation, production of invoices and receipts, legally registered with the Tax Authority, approval number 187804.
2. “User” or “Users” – Anyone who makes any use of the Company’s platform or website.

 

3. Commitment The

1. The user undertakes to refrain from performing the following actions concerning the platform:
   1. 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;
   2. Manipulating the URL of internal pages, to reach internal pages to which it has no direct access (URL Hacking);
   3. 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;
   4. Act as the design of the site or application, the source code, elements or content that appear on the site or application.
2. 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.
3. Notwithstanding the foregoing and without prejudice to section 5.3 below, it will be clarified that in any case where an account (as defined below), used by a particular business or several businesses, is opened by any third party, the account and all related information will belong to its owners. The business or the business owners who use the said account and the third party who opened the said account will not have any rights in connection with that account. The Company reserves the right to perform any action on such account, including its closure, at its sole discretion and insofar as it becomes clear to it that the account violates the Terms of Use or the provisions of the law.
4. 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

1. 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.
2. The license will be granted to users who conduct business activities and are legally registered in Israel.
3. 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. 
4. 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 developer@deltasmarts.com.
5. 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.
6. Sales Pages
   1. General
      1. 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”).
      2. The terms of use presented below regulate the relationship between Delta Smarts and the business concerning the establishment of sales pages through the system.
      3. These Terms of Use do not derogate from or modify any other agreement between the Business and Delta Smarts, including the General Terms of Use of Delta Smarts. These Terms of Use add to the general terms of use of Delta Smarts.
      4. The establishment of a sales page by the business constitutes consent and acceptance of these terms of use. A business that does not agree to the terms of use (some or all) outlined in this document, may not set up sales pages through the system.
      5. The agreement is written in male language for convenience only and is aimed at all genders alike.
   2. Price list and cancellation policy
      1. The price table for setting up a sales page using the system can be found on the “Pricelist” page on the Delta Smarts website.
      2. Delta Smarts may change the price list from time to time at its sole discretion.

 

1. Restriction of use
   1. 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.
   2. 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.
   3. Each sales page will include a policy detailing the terms of sale of the products or services between the business and the buyers. The regulations on the sales page will be in a wording that will be adapted to all the protections given to consumers according to the Consumer Protection Law and its regulations, and to any other law applicable to the sales page. The business will be responsible for the sale of the products following any such law, as it will be from time to time, and Delta Smarts will have no responsibility for this. It is hereby clarified that the proposed wording is the wording that reflects in the opinion of Delta Smarts the provisions of the law and the business has the responsibility to notify Delta Smarts of any change or adjustment requested, including due to the change of law. The business hereby declares that it is aware that Delta Smarts ensures that the business will make the sale following the provisions of the Consumer Protection Act and regulations under it and that the terms of use will reflect these provisions.
2. responsibility
   1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.               
3. Copyright
   1. 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.
   2. 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.
   3. The business agrees not to copy or duplicate any software, source code, or part of the source code of the system for any reason.

 

1. Choice of law and jurisdiction
   1. The unique and exclusive jurisdiction in all matters and matters arising from or related to these Terms of Use shall be to the competent court domiciled in Tel Aviv. The law that will apply to this agreement will be Israeli law only.

 

5. User account

1. 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”).
2. 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.
3. The following instructions will apply to the creation of a user account:
   1. mandatory to provide the full details required when opening an account;
   2. It is forbidden to create a user account that contains data that is not the real and complete details of the account developer;
   3. 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;
   4. 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.
4. 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.
5. 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.

 

1. 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”):
   1. The password must not be discovered after or entered in an email.
   2. The password must be 8-16 characters long.
   3. The user is asked to notify the company immediately of any suspicion of unauthorized use made of his account.
   4. , 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.
2. account regarding third parties, to license for you. It is clarified that this information will be stored in the company’s databases and will be used following the privacy policy. In providing the information you confirm that this information was lawfully collected by you For you

 

6. Trial period

1. 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”).
2. 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.
3. 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.
4. Without derogating from the above, the company reserves the right not to grant a trial period in any case where it finds it appropriate that there is a concern that a user has violated the provisions of the Terms of Use. The company also reserves the right to cancel the trial period, if it deems it appropriate.

 

7. Payment for the platform The

1. 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.
2. 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”)
3. 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.
4. 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

1. Cancellation of an annual appointment and receipt of a refund by a user will be possible only after sending an e-mail to developer@deltasmarts.com, 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
2. 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.
3. 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.

 

The Remedies

1. 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.
2. Without derogating from the above, the company reserves the right:
   1. 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.
   2. Remove any content or cancel any action taken by the user that violates this section of this Agreement.
   3. 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

1. 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.
2. 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
   1. . 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;
   2. Malfunction of any software or hardware available to the user, including any software or hardware provided to the user by a third party;
   3. 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.
3. Without derogating from the above, it is further clarified and agreed that:
   1. 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;
   2. 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. 
   3.  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;
   4. 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;
   5. 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.
   6. 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.
4. 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

1. 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.
2. 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

1. 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.
2. 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.
3. 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

1. 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 developer@deltasmarts.com.

 

14. Intellectual Property

1. 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).
2. For the avoidance of doubt and without derogating from the above, this agreement does not create, in any way or confer on the user any rights in the license, platform or any other intellectual property of the company (except the right to use the platform or website, depending on the terms of use).
3. 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.
4. 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.
5. 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.
6. The user hereby gives the company irrevocable and unreserved permission to use the information provided by the user to the company (details of its collection and storage will be in the company’s privacy policy) or collected automatically during its visit to the site, to create anonymous statistics of any kind, including averaged data. Data, aggregated data, performance tests or benchmarks; User preferences; Studies; analysis; Comparisons; Surveys; Recommendations; Calculations; Or the creation of derivative works, all based on information provided by or about the user as aforesaid, whether or not combined with information received from third parties (the products of the said operations on their products will be referred to as “statistical information“). Without derogating from the foregoing, it is clarified that the statistical information is the exclusive property of the company and it will own all the rights, including copyright and intellectual property, in connection with the statistical information. The Company shall have an unrestricted right to use, update, modify, improve, sell, rent, create derivative works or make any other use of the statistical information without having to give notice or without any obligation or liability to the user. For the avoidance of doubt, the user hereby deletes all rights in the statistical information to the company and hereby waives any right to the statistical information or any claim in connection with any use of it.
7. 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

1. The Company may change or suspend the terms of this Agreement at any time. The company has changed the terms of use and will notify the users and the updated terms of use will apply from the date set for this in the relevant publication.
2. 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

1. 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

1. 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

1. Delta Smarts provides technical support services in the following channels: (a) E-mail, at developer@deltasmarts.com; (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

1. 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.