{"id":66,"date":"2024-07-31T08:15:17","date_gmt":"2024-07-31T08:15:17","guid":{"rendered":"https:\/\/www.nickwatch.com\/?page_id=66"},"modified":"2024-12-17T12:35:26","modified_gmt":"2024-12-17T12:35:26","slug":"nickwatch-terms-of-use","status":"publish","type":"page","link":"https:\/\/www.nickwatch.com\/nickwatch-terms-of-use\/","title":{"rendered":"Terms Of Use"},"content":{"rendered":"
<\/p>
These Terms consist of a Part A \u201cWebsite Terms\u201d and Part B \u201cTerms of Sale\u201d. The Website Terms apply to all users of the Website. In addition, the \u201cTerms of Sale\u201d apply to users that purchase Products (as defined below) or Data Packs (as defined below). In case of conflict between provisions in Part B and Part A, Part B prevails. <\/p>
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE<\/p>
PART A: Website Terms<\/strong><\/p> These Website Terms (\u201cTerms of Use<\/strong>\u201d) govern the use of www.nickwatch.com (\u201cWebsite<\/strong>\u201d) offered by Watchinu Limited of 10 Nahalat Yitzhak, TEL AVIV-JAFFA , 6744809, Israel (\u201cwe<\/strong>\u201d \u201cus<\/strong>\u201d or \u201cWatchinu<\/strong>\u201d). <\/p> To contact us, please email support@nickwatch.com You may also contact us via the Website by clicking on the \u2018Contact Us\u2019 link.<\/p> By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them. <\/p> If you do not agree to these Terms of Use, you must not use the Website.<\/p> We recommend that you print a copy of these Terms of Use for future reference.<\/p> We amend these Terms of Use from time to time. Every time you wish to use the Website, please check these Terms of Use to ensure you understand the terms that apply at that time. These Terms of Use were most recently updated on the date shown at the top. <\/p> We may update and change the Website from time to time to reflect changes to our products, our users\u2019 needs and our business priorities, and\/or to comply with legal and regulatory requirements. <\/p> The Website is made available free of charge.<\/p> We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or restriction and, if possible, to restore normal operation as soon as possible.<\/p> You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.<\/p> We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it. We will always ensure that the transfer will not affect your rights under the contract. <\/p> IF YOU ARE A RESIDENT IN THE U.S.<\/strong>:<\/p> If you are a resident in the U.S., the following applies to you instead of the above:<\/p> These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but we may assign them without restriction. Any attempted transfer or assignment in violation hereof will be null and void.<\/p> We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties, and trademark rights around the world. All such rights are reserved.<\/p> As long as you comply with these Terms of Use, we grant you the simple, non-transferable and non-sublicensable right to use the Website for private purposes. You may print off one copy, and may download extracts, share or repost any page(s) from the Website for your personal use only.<\/p> Except as expressly provided in these Terms of Use, you are not permitted to sell, rent, lease, sublicense or otherwise distribute, reproduce, copy, make publicly accessible, alter, edit or translate, reverse engineer or otherwise modify any content of the Website, in whole or in part.<\/p> In particular, you must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.<\/p> If you use any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.<\/p> You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website. This includes using (or permitting, authorising or attempting the use of):<\/p> The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019\/790<\/em>).<\/p> This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.<\/p> The Website is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Website. Although we make reasonable efforts to update the information provided by the Website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. <\/p> We are responsible to you for foreseeable loss and damage caused by us<\/strong>.<\/strong> We are not liable for damages caused by slight negligence, regardless of their legal basis. We are liable for the slightly negligent breach of essential contractual obligations (cardinal obligations). Cardinal contractual obligations are those contractual obligations which are imposed on you by the content and purpose of this contract, the fulfilment of which makes the proper performance of this contract possible in the first place and on the fulfilment of which you may rely and usually do rely. Our liability for breach of cardinal obligations is limited to the typical damage, which was foreseeable for you and us at the time of the conclusion of this contract.<\/p> Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Sale in Part B<\/strong>. <\/p> IF YOU ARE A RESIDENT IN THE U.S.<\/strong>:<\/p> If you are a resident in the U.S., the following Sections 8. A.<\/strong> and 8. B.<\/strong> apply to you instead of the above:<\/p> 8. A.<\/strong> <\/strong>LIMITATIONS ON LIABILITY<\/strong><\/p> TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF USE YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<\/p> OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE WEBSITE UP TO FIVE DOLLARS (US$5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OF USE OR THE WEBSITE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES<\/p> THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR I ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY<\/p> 8. B. <\/strong><\/strong>INDEMNITY<\/strong><\/p> To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Watchinu, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the \u201cWatchinu Parties\u201d), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) your use or misuse of the Website, (b) your violation of these Terms of Use, and\/or (c) your violation of any right(s) of any third party. You agree to promptly notify Watchinu of any claim(s) and shall cooperate fully with the Watchinu Parties in defending such claims. You further agree that the Watchinu Parties shall have control of the defense or settlement of any third-party claims.<\/p> We do not guarantee that the Website will be secure or free from bugs or viruses.<\/p> You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.<\/p> You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.<\/p>