Terms of Service
Last Revised: March 12, 2020
תנאי השימוש ביישומון מתייחסים באופן שווה לשני המינים, והשימוש בלשון זכר הוא מטעמי נוחות בלבד. בעצם שימושך ביישומון הנך מאשר כי ידוע לך שמשרד הבריאות ו/או מי מטעמו אינו מספק במסגרת התכנים המופיעים בו שירותי יעוץ רפואי באופן ישיר או עקיף, אלא מביא לידיעת הציבור מידע הנוגע להנחיות המשרד המפורסמות על ידו באמצעי המדיה השונים; התכנים המופעים ביישומון אינם מהווים תחליף לייעוץ רפואי ו/או מקצועי וכל מטרתם לספק מידע כללי ובשום מקרה אינם בגדר המלצה או עצה רפואית ו/או חוות דעת רפואית מקצועית. בכל מצב חירום רפואי יש לפנות ללא דיחוי לקבלת טיפול רפואי. בעצם עשית שימוש ביישומון זה הנך נותן הסכמתך ומאשר כי משרד הבריאות לא יישא באחריות לכל נזק ישיר או עקיף אשר יגרם למשתמש ו/או לצד ג’ כתוצאה מן השימוש ביישומון, ובכלל זה המשרד לא יהא אחראי בחוזים, בנזיקין או מכח כל עילה אחרת, לכל נזק, הוצאה, אובדן, אי נוחות מכל מין וסוג שהוא, כתוצאה מהשימוש ביישומון או מחוסר היכולת להשתמש בו.
הנך מאשר כי ידוע לך כי ככל ותענה על שאלונים של משרד הבריאות ו/או קופות החולים, תשובותיך ישלחו למשרד הבריאות ו/או קופות החולים ויתכן ומשרד הבריאות ו/או קופות החולים יצרו איתך קשר ישיר.
הנך מאשר כי ידוע לך כי השימוש ביישומון כפוף לתנאי השימוש המופיעים במסמך זה ומדיניות הפרטיות (המופיעים בלינק: https://bfctech.life/coronapp-privacy-policy) של חברת בי.אפ.סי טכנולוגיה בע”מ (מקבוצת בילונגטייל בע”מ).
BFC Technology Ltd. (“BFC”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website at: https://bfctech.life (the “Site”) and to our social network for patients and their family members (“the “Network”) available via mobile applications and the Site (the “App”, and together with the Network and the Site – the “Service”, as further detailed below).
You may use the Service (or any part thereof) only in accordance with the terms and conditions hereunder.
IMPORTANT- NO ADVICE:
THIS SERVICE PROVIDES INFORMATION ONLY AND DOES NOT PROVIDE ANY MEDICAL ADVICE. BFC IS NOT A HEALTH CARE PROVIDER AND THE SERVICE IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL KNOWLEDGE AND CONSIDERATION ONLY, AND DOES NOT PROVIDE OR CONSTITUTE AS PROFESSIONAL OR MEDICAL ADVICE, DIAGNOSIS, TREATMENT, CONSULTATION OR HEALTHCARE SERVICE IN ANY WAY, AND MUST NOT BE RELIED UPON AS SUCH.
FURTHER, THIS SERVICE CANNOT BE USED FOR MEDICAL DECISIONS AS IT IS A SOCIAL NETWORK PLATFORM. AS SUCH IT IS NOT REGULATED BY ANY GOVERNMENTAL AGENCY, INCLUDING THE FOOD AND DRUG ADMINISTRATION.
- Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICE.
By accepting these Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
- The Service
Informational and social network service. The Service is an informational and social network service that enables its Users to obtain and provide immediate and ongoing information on personal and medical conditions and medical treatments and to share information between Users, including optional treatments, personal views on medical conditions and treatments, treatment tasks, personal recommendations, electronic medical records, bureaucracy challenges and shortcut recommendation by Users, optional ways to improve medical treatment as well as the opportunity to communicate and obtain support from persons experiencing similar medical conditions.
- Access to healthcare professionals. The Network makes available to its Users certain healthcare professionals such as registered doctors, researchers, nurses and mentors who are identified on the Network as such (the “Verified Users”). Through your use of the Service, you may have access to communication with such Verified Users and be able to ask them questions. The User hereby acknowledges and agrees that its interaction with the Verified Users is solely at its own risk. BFC shall not be liable or responsible in any way whatsoever for any damage, loss, liability, cost, expense or claim in connection with any advice or information provided by such Verified Users, including without limitation as to the reliability, quality, accuracy or usability of such advice or information, nor in connection with the identity, qualification or credentials of the Verified Users.
Personalized Information. In accordance with the information you provide BFC, the Service may offer you personalized tips, information and notifications, which are based on aggregated statistics and/or information provided to us by other users and/or third parties. In addition, the Service may also show you public posts of other users who have a similar profile/ characteristics or similar interests which may include questions or information that might interest you.
Third Party Health Service Providers Information Zones. The User may choose to enter designated zone(s) in the Services, dedicated to specific third party health care service providers (who are approved partners of BFC, such as specific hospitals). Such zone allows Users to connect to said health services provider and to take part in other sub-groups applicable to, and offered by, such third part provider, receive information regarding the provider and receive provider’s generic forms (the “Health Service Providers Information Zones”). The registration to the Health Service Providers Information Zones is subject to the provision of a specific access code, supplied to the User by the applicable third party provider, allowing you to enter to the applicable Health Service Providers Information Zone, and additional terms and conditions may apply.
The Service is not allowed for use by individuals who are under the age of eighteen (18) years old (see Section 10 below).
THE INFORMATION WHICH MAY BE AVAILABLE TO YOU THROUGH THE SERVICE IS BASED SOLELY ON AGGREGATED STATISTICS AND/OR INFORMATION PROVIDED TO US BY OTHER USERS AND/OR THIRD PARTIES. SUCH INFORMATION MAY THEREFORE BE INACCURATE OR CONTAIN ERRORS, AND BFC IS NOT RESPONSIBLE IN ANY WAY FOR THE QUALITY, RELIABILITY, ACCURACY AND USABILITY OF SUCH INFORMATION. THE SERVICE PROVIDES A PLATFORM FOR COMMUNICATION BETWEEN USERS AND GROUPS OF USERS. THROUGH SUCH COMMUNICATION, YOU MAY RECEIVE AMONGST OTHER THINGS INFORMATION, PERSONAL INFORMATION, PERSONAL OPINIONS, ALTERNATIVE APPROACHES, OFFICIAL AND UNOFFICIAL PROCEDURES, SEMI-MEDICAL AND MEDICAL INFORMATION. PLEASE NOTE THAT INFORMATION IS PROVIDED AT YOUR OWN RISK AND BFC SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR THE QUALITY, RELIABILITY, ACCURACY AND USABILITY OF SUCH ADVICE.
BY USING THE SERVICE, YOU AGREE THAT BFC IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE USE OF THE SERVICE AND PARTICIPATION IN THE NETWORK.
WE STRONGLY URGE YOU TO CONSULT YOUR PHYSICIANS AND MEDICAL PROFESSIONALS IN ALL MEDICAL AND HEALTH RELATED DECISIONS AND TO REVIEW ANY INFORMATION WITH QUALIFIED PROFESSIONALS OUTSIDE OF THE SERVICE, WHO ARE FULLY AWARE OF YOUR INDIVIDUAL NEEDS AND CIRCUMSTANCES.
BFC DOES NOT IN ANY WAY ENDORSE, RECOMMEND OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN WHOLE OR PARTIAL RELIANCE ON THE SERVICE OR ANY CONTENT THEREOF OR OBTAINED THEREBY, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF.
BFC IS NOT OWNED IN ANY MANNER BY ANY MEDICAL OR HEALTHCARE INSTITUTION OR ANY PHARMACEUTICAL CORPORATION, AND DOES NOT PROVIDE ANY PARTICULAR ENDORSEMENT FOR SUCH.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE AND PARTICIPATION IN THE NETWORK IS ENTIRELY AT YOUR OWN RISK.
- Registration and User Account
You must provide accurate and complete information when creating an Account and you agree to not misrepresent any of your personal information or Account information, and to keep your Account information accurate and up to date.
You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of BFC.
If you provide a password and username, you are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if you or anyone using your Account violates these Terms.
You must notify us immediately of any unauthorized use of your Account of login credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of BFC and/or others due to any such use.
To help protect the privacy of data and personally identifiable information you transmit through use of our service, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. BFC SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
- User Representations and Undertakings
Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
- You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein;
- You agree that BFC does not monitor or provide any information that is provided on this Service and is not responsible for the content of such information. BFC reserves the right however, to remove any information that violates any of the Terms;
- You will not rely on BFC or the Service in any way, as you fully understand that we do not provide any professional or medical advice, diagnosis or treatment or any healthcare service, nor do we provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any service, information or content that may be available to you on or in connection with the Service;
- You will obtain appropriate professional advice (including medical advice) regarding any information you receive on this Service. You acknowledge that there is no professional relationship (including any doctor-patient or advisor-advisee relationship) between you and BFC, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service;
- You acknowledge that there are risks in using the Service and/or relying solely on information available on or through the Service and that BFC cannot and does not guarantee any specific outcomes from such use and/or reliance or ignorance, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use, reliance and/or ignorance. Such risks may include, among others, inaccurate or incomplete representation or misrepresentation of information, goods or services, breach of warranty and/or contract, violation of rights and any consequent claims;
- You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder;
- If you connect to, access or use the Service on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
- You possess any and all consents required under any applicable laws, regarding the posting of any personal information of others to the Service, and shall adhere to any applicable laws regarding such information;
- When uploading medical information to the Service, you will delete any identifiers, such as name, contact details, social security numbers and identification numbers;
- The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- You acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Service;
- In case you are changing your private phone number, you are responsible to notify BFC’s support team about this change in order to migrate your Account info to your new phone number. You can notify the BFC technical support group in the App or in the following email address: [email protected]
- You will not post any information that infringes on the intellectual property rights of another, and will not post material which is protected by copyright or any other applicable laws or violate any of the Terms; and
- Use Restrictions
There are certain conducts which are strictly prohibited on and/or with respect to the Service. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at BFC’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
- copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, , compile, decompile or disassemble the Service (or any part thereof), and/or permit others to do so;
- copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Service, including any User Generated Content (as defined below) and any other information, material and data available on the Service, (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without BFC’s prior written consent. For purposes of these Terms, any User Generated Content and any other information, material and data, which were originally uploaded to the Service by you or on your behalf, or were originally owned by you, shall not be considered as Content;
- make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without BFC’s prior written consent;
- create a browser or border environment around the Service and/or Content, link, including in-line linking, to elements on the Service, such as images, posters and videos, and/or frame or mirror any part of the Service, unless as expressly permitted hereunder;
- interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
- defame, abuse, harass, stalk, threaten any User or health care provider and/or violate in any way the legal rights of others;
- use, refer to and/or display the Service (or any part thereof) on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting illegal drugs, the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to BFC and/or the Service might be perceived as damaging to BFC’s reputation and goodwill or actually bring BFC into disrepute;
- transmit, distribute, display or otherwise make available through or in connection with the Service any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
- impersonate any person, entity, or another User of the Service or provide false information or misrepresent yourself on the Service, whether directly or indirectly;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that BFC or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Service;
- transmit or otherwise make available in connection with the Service, and/or use the Service to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Service;
- use the Service for and/or in connection with any form of spam, unsolicited mail or similar conduct;
- create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Service without the prior written consent of BFC;
- bypass any measures which may be used to prevent or restrict access to the Service and/or certain functionalities therein;
- transfer or assign your Account’s login credentials, even temporarily, to a third party;
- use the Content and/or the Service for any illegal, immoral or unauthorized purpose
- provide Content that is or may reasonably be believed to be illegal, fraudulent, or unauthorized or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
- provide Content that does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations;
- use the Service and/or the Content for non-personal or commercial purposes without BFC’s prior express written authorization; or
- infringe or violate any of these Terms.
- User Generated Content
- The Service allows you to upload, post, publish and make available through it, your own information such as text, images, text material, photos, reviews, medical information and any other communications and proprietary materials (the “User Generated Content“). The User Generated Content may be hosted, shared and/or published as part of the Service and may be visible to and accessed by other Users of the Service. We urge you to be aware and conscious of your privacy with respect to the User Generated Content that you choose to upload. Please ensure that when you use the Service, you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Service. BFC will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
- As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the User Generated Content is non-confidential.
- You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Service, in any way. You hereby warrant that your User Generated Content is true, current, accurate and complete.
- You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
- You expressly agree that the User Generated Content that you post or upload will not include (i) content or information that is confidential or that is not in the public domain; (ii) any spam, unsolicited promotions, advertising, contests or raffles; (iii) content which is, inter alia, unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iv) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (v) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or (vi) content that poses a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Generated Content does not constitute an exhaustive list.
- Although BFC has no obligation to screen, edit or monitor any of the User Generated Content, BFC explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Service at your sole expense.
- When you upload, post, publish or make available any User Generated Content on the Service, you grant to (i) BFC an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Service and/or Network, whether through the internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) unless you otherwise restrict through your Account on the Network, each User of the Service a non-exclusive and royalty-free license to access your User Generated Content through the Service and to use such User Generated Content for personal and non-commercial purposes. BFC may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. BFC shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right and other intellectual property right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement or interest to any and all moral rights or other intellectual property rights in any of the User Generated Content.
- BFC takes no responsibility and assumes no liability for any User Generated Content upload, posted, published and made available by you or any third party in the service, or for any loss or damage thereto, nor is BFC liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
- Intellectual Property
The Service (including the Site, App and Network), the User Generated Content, the BFC’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, icons, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to BFC, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to BFC’s proprietary rights, including BFC’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
BFC hereby grants you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable, fully revocable, limited license to use the App, Site, Network and Content, solely for the limited purpose of using the Service for a personal, non-commercial needs in accordance with the Terms.
“BFC” and all logos and other proprietary identifiers used by BFC in connection with the Service, (“BFC Trademarks”) are all trademarks and/or trade names of BFC, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to BFC Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to BFC Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of BFC and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of BFC marks and logos, whether registered or not.
- Third Party Services
- We welcome and permit links to any page on our Service, so long as the link does not state or imply any connection or endorsement of you, your website and/or service by BFC, and does not portray BFC in a false manner or otherwise may be perceived as damaging to BFC’s reputation and goodwill or actually bring BFC into disrepute. We do not permit framing, deep linking or inline linking unless as explicitly permitted herein in order to use the Service.
- The Service may be linked to through certain third party websites and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from the Service. You hereby acknowledge that BFC has no control over such Third Party Services, and further acknowledge and agree that BFC is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, , products, or any materials available on and/or through such Third Party Services.
- Third Party Components
The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and BFC disclaims all liability related thereto. You acknowledge that BFC is not the author, owner or licensor of any Third Party Components, and that BFC makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
- General Use Platform Providers
Since you may download the App from a third party platform, service provider or distributor (e.g. App Store or Google Play) (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Please note that in such case, Usage Rules may apply and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules. The terms of the Usage Rules may prevail over any other Terms. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
You acknowledge and agree that Platform Provider has no responsibility for the App or content thereof, nor does it have any obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of an App downloaded from Apple Inc.’s AppStore to conform to any applicable warranty, you may notify Apple Inc., and Apple Inc. will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to BFC as provider of the App. You acknowledge that Platform Provider is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to BFC as provider of the App. You acknowledge and agree that if you downloaded the App from Apple Inc.’s AppStore, Apple Inc., and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
The Service’s availability and functionality depend on various factors, such as communication networks, software, hardware, and BFC’s service providers and contractors. BFC does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
- Changes to the Service
BFC reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Service may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. BFC reserves the right not to upload any Content you may make available to the Service. You agree that BFC shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Service (or any part thereof). In addition, BFC may, at any time and in its sole discretion, elect to charge a fee in consideration for providing the Services.
- Disclaimer and Warranties
BFC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE (OR ANY PART THEREOF).
THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
BFC AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “BFC AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE.
BFC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. BFC MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
- Limitation of Liability
IN NO EVENT SHALL BFC AND/OR ANY OF THE BFC AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF BFC TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF BFC OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR BFC’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF BFC AND/OR ANY BFC AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL BFC’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO BFC FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO BFC FOR THE USE OF THE SERVICE, THEN BFC SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to defend, indemnify and hold harmless BFC and any BFC Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Service (or any part thereof); (ii) breach of any term of these Terms by you or anyone using your Account; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Service; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Network; and (v) your violation of any applicable law or regulation
- Amendments to the Terms
- Termination of your Account and Termination of the Service
At any time, BFC may block your access to the Service and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to BFC under any applicable law. Such actions may be taken if BFC deems that you have breached any of these Terms in any manner.
Additionally, BFC may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that BFC does not assume any responsibility or liability with respect to, or in connection with the termination of the Service and/or loss of any data.
- 1. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- 2. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between BFC and you.
- 3. These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel.
- 4. BFC may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without BFC’s prior explicit and written consent will be null and void.
- 5. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- 6. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- 7. These Terms constitute the entire terms and conditions between you and BFC relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between BFC and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of BFC in entering into these Terms.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: [email protected]
By contacting us, you represent that you are free to do so and that you will not knowingly provide BFC with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to BFC, and BFC may use or refrain from using any such information at its sole discretion.