الشروط والاحكام

1. INTRODUCTION
   

1. Please read the following general terms and conditions of use (“General Terms”) carefully, as access to (www.sbitany.com) (“The Website”, “we/us/our”) is subject to the following General Terms. If you have any inquires or do not accept them, please contact our customer service.

2. By accessing the Website on this and every other occasion you will be deemed to have accepted the General Terms that apply to its use and to the facilities and services provided by it.

3. Any reference to “we”, “us”, “our”, or any reference of that nature, is a reference to Sbitany.com, any of its affiliates, business partners and subsidiaries.

4. You should save and/or print out a copy of the General Terms for your future reference.

2. ACCESS TO THE WEBSITE

1. The user of our Website; including any use by any person/entity or on any user’s behalf (“you”, “user”, “your” and “yourself”), may only use the Website for his/her own personal use. Any reference to (“you”, “user”, “your” and “yourself”) shall also refer to any person/entity that you, directly or indirectly, disclose to or share with any information that was obtained from the Website. Such reference shall also include any person/s that access or use the Website using your device, account and/or internet connection.

2. Not all Products and services are available in all geographic areas. Your eligibility for particular Products and services is subject to final determination by us or a third party seller. We reserve the right to withdraw or amend any and all of its content and the service provided by the Website without notice to you. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

3. Access to the Website is permitted on a temporary basis and we may, from time to time and at our sole discretion, restrict access to some parts or the entire Website, without being liable to you or any others.

4. You are responsible for making all arrangements necessary to access the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection and/or devices are aware of the General Terms.

5. Except where you have been granted explicit permission from us, you and any others are not permitted to extract content or data from our Website in any way shape or form except for personal use in accordance with these General Terms.

6. You acknowledge that our Website might not be compatible with all or any hardware or software which you may use, the information contained therein be accurate and up to date, be available at all times, remain the same, be error-free or free from, but not limited to, viruses, electronic bugs, Trojan horses or other harmful components. You must, therefore, take your own precautions accordingly and you irrevocably acknowledge and agree that we shall not forever and in any case be liable for any loss damage of whatever nature and however arising, directly or indirectly, in relation to and/or in any way connected with our Website, any of its content and/or any services that we provide or one provided by others on our behalf.

7. You may not attempt to access the Website or any portion of the Website illegally by measures, including but not limited to, hacking, password mining or any other illegitimate means. You may not breach the security or authentication measures on the Website, nor may you scan or test the Website or any portion of the Website for vulnerability. You agree not to use any software or device that may interfere with the workability and functionality of the Website in any way, shape or form.

8. You also acknowledge and agree that, we are not responsible in any way, shape or form, for any damage, loss or harm you may suffer, directly or indirectly, as a result of any harmful components that can be traced to our Website and/or any third party content.

3. PRODUCTS AND SERVICES

1. You hereby acknowledge that the content/information/materials/Products/services (the “Product/s”) that we provide/sell/giveaway/lease/rent/purchase on the Website may not be fit for purpose or as described in any photo, video or text description and we do not guarantee that it will be free from defects or faults. You further acknowledge that some or all Products available on our Website are from third party sources. The Products’ description on our Website may contain technical inaccuracies and/or typographical or any other kind of error. The Products on the Website may be updated, deleted, edited, changed, or modified and may at times be out of date or out of stock. We accept no responsibility for keeping the Products and any related information on the Website up to date, liability for any failure to do so, or liability for any inaccurate, incorrect, faulty, defected or malfunctioning Products.

2. All Products and/or services provided on the Website are provided on an "as is" basis and “as available” to you. We do not give guarantees, representations, warranties or conditions, expressed or implied, as to the accuracy or fitness of any of the Products contained on the Website or any third party websites that we provide a link for.

3. We cannot, at any time guarantee that the Website, any files or data downloaded/extracted from the Website, or any correspondence sent by us will be free from viruses, free from loss, corruption, attacks, interferences, hacking or other harmful components or security intrusions. We hereby declare, and you irrevocably agree, that all warranties of all kinds, either express or implied, are hereby disclaimed, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

4. We may change, remove, alter, suspend, discontinue, update or restrict access to some or all the content available on the Website without giving notice and for indefinite periods of time. We may also make improvements and/or changes to the Products and/or the services on our Website at any time without notice.

5. Unless provided otherwise, we do not provide any warrantees on any our Products. Furthermore, any warrantee that may be available would be provided by the manufacturer or third parties. We therefore, do not accept any refunds or replacements of defected or malfunctioned Products unless expressly stated otherwise.

4. SUBSCRIPTION

1. The service, including, but not limited to, materials, content, Products, data, text, maps, photos, videos and information that we provide on the Website is only intended for the use of registered users (users that have created an account on our Website and provided true and accurate personal information) (“Subscribers”). A user may create an account and become a Subscriber to our service and gain access to our Website by agreeing to these General Terms and providing personal information.

2. To be eligible for an account on our Website, you must be at least 18 years old. You may register for an account on our Website by completing and submitting the registration form on our Website.

3. You must not allow any other person to use your account to access the services on our Website and you are solely liable in all aspects for any such access. You should also notify us immediately if you become aware of any unauthorized use of your account, which we shall not in any way be responsible for. You shall not use any other person’s account to access the services on our Website unless you have obtained an express permission to do so.

4. You must keep your password confidential, as any disclosure of your password shall be your sole responsibility. You are solely responsible for maintaining the confidentiality and security of your account and password for all activities, including but not limited to, illegal, negligent willful or harmful misconduct that arise out of any failure to keep your password protected, and may be held liable for any losses in connection with such failure.

5. When registering for an account to use our service, you agree to provide complete and accurate information. Further, you agree that we may store and use the information you provide us with, or what we obtain from your use of the Website, including but not limited to, IP addresses, status, address, names, surnames, bank account details, credit/debit card details.

6. You agree that we have the right, at any time, prior to acceptance of your registration, to withdraw, decrease, increase and/or revise prices. Any and all prices, costs, quotations and descriptions made or referred to on our Website advertisements are subject to availability, and we shall not be bound by them.

7. You acknowledge and agree that we reserve the right to disclose any information you provide us with, without your consent and without notice, to any third party.

8. We reserve the right to cancel, reject, withhold, suspend, or delay your subscription at any time, temporarily or permanently, in our sole discretion, without giving notice or sufficient reasons to you or any others.

9. If you fail, or we suspect that you failed, to comply with any of the General Terms, we have the right to, without notice to you and at our sole discretion, terminate/cancel or suspend your subscription, and you will be liable for all amounts, charges, costs, fees due to us up to and including the date of suspension or cancellation.

10. In the event of cancellation or suspension by us to your subscription for any reason, you acknowledge and agree that you will not be refunded/reimbursed for any fees, other expenses or claims, of whatever nature.

5. PAYMENT

1. Payment methods, such as credit/debit cards transactions, are made through a third party. When you use third party payment and billing providers, it is your sole responsibility to check their terms of privacy and terms of use, as we shall not be liable for any losses or damages arising out of or relating to any such transaction. Further, you shall be responsible to pay all extra costs, including but not limited to, taxes, currency exchange rates, interest fees, and charges.

6. INFORMATION COLLECTION AND USE

1. While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, postal address and phone number ("Personal Information"). By using the Website, you are agreeing to our collection, use and disposal of Personal Information and other data.

2. We use your Personal Information only for providing and improving the Website. We reserve the right to disclose any of your Personal Information to any third parties.

3. We shall use reasonable efforts to protect any data and/or information provided by you in regards to our Website, nevertheless, you agree that such submission of information is at your own risk, and we hereby disclaim all liability to you for any loss, and/or use of information in any way, shape or form.

7. COOKIES

1. We may use cookies from time to time. We do so by collecting user information that is sent back and stored on your device (i.e. mobile phone, tablet, laptop, personal computer, etc.). This information is collected for purposes such as; identifying the user’s identity, thus allowing you to navigate through the Website without entering your user name and password on every page. You may choose to opt-out by configuring your browser to prevent their creation.

8. FORCE MAJURE

8.1. You acknowledge and agree that we shall have no liability under these General Terms if we are prevented from or delayed in performing our obligations under the General Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including but not limited to, failure of a utility service or telecommunications network, viruses, malware, hackers, act of God, war, riots, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of Website or servers, or default of third party websites.

9. COPYRIGHTS

1. All material on the Website, including but not limited to, any part of the content, text, photo, video files, graphics, sound files, animation files and other works published, is protected by copyright laws, and other applicable laws of each country throughout the world. You are not permitted to use, apart for personal use, including without limitation, copying, modifying, reproducing in whole or in part, uploading, transmitting, distributing licensing, selling and publishing, any of the materials without obtaining the express written permission. All materials are the property of their respective authors and may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without obtaining express permission from its original author/owner.

10. LINKS TO THIRD PARTIES

1. You acknowledge that the Website may contain services including but not limited to services, materials, Products and links to other third party websites that we provide for your convenience, if you visit any third party websites, you do so at your own risk. We are not in any way responsible or liable for any content, accuracy or opinions expressed on any websites. Unless otherwise expressed by us, links to third party websites do not imply that our Website is affiliated to or associated with such websites. You irrevocably agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you or others.

2. The Website publishes, among other things, advertisements placed/provided/supplied by third parties to advertise their services and/or goods. We may not own all the goods advertised for sale and have no liability for any damages/losses that may incur as a result of purchasing goods and/or services advertised by third parties. If you do wish to purchase goods and/ or services or enter into dealings with third parties that advertise on our Website, you acknowledge and agree that you will do that at your own risk and the contract will be between you and the third party advertising on our Website and not with us in any way, shape or form. You hereby irrevocably acknowledge and agree that you are dealing with any such third parties at your own risk and that we are not in any way liable for any damages/losses caused by your dealings/use with/of all/any of them. Our Website account holders may also automatically be subscribed to our email newsletter as part of the account setup process. All individuals have the opportunity to choose to opt-out from receiving our newsletter or other non-account related emails, either during the account creation process or through opt-out instructions that are provided in our email or SMS communications. Your personal information will not be shared or distributed with third parties for marketing or advertising purposes.

11. LIABILITY

1. All material, including but not limited to the Products, content, information, services and products displayed on our Website, is provided without any guarantees, conditions or warranties as to its accuracy. We hereby expressly exclude all conditions, warranties, express or implied, and other terms which might otherwise be implied by law, to the furthest extent permissible by law.

2. WE SHALL NOT BE LIABLE FOR ANY DIRECT/INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, PERSONAL INJURY, DEATH OR FOR ANY BUSINESS LOSSES THAT YOU OR OTHERS MAY INCUR IN CONNECTION WITH OUR WEBSITE, THE CONTENT, OR ANY THIRD PARTY WEBSITE LINKED IN AND/OR REFERRED IN OUR WEBSITE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, PROFITS, INCOME, REVENUE, PROFITS OF CONTRACTS, ANTICIPATED SAVINGS, BUSINESS, PERSONAL INJURY AND/OR DEATH TO YOU OR OTHERS OR DAMAGE TO PROPERTY. WE ARE NOT LIABLE FOR ANY PRODUCTS or MATERIALS POSTED ON OUR WEBSITE BY YOU/OTHER USERS/THIRD PARTIES.

3. You acknowledge and agree that any breach by you to the General Terms might infringe our rights and we reserve all rights and remedies against you in respect of any such infringement. Therefore, you also agree that in such case you will compensate us, our clients, associates, and affiliates from and against any loss, cost damage expense or liability we or they may suffer as a result of any breach.

4. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND IRREVOCABLY AGREE, NOW AND FOREVER, THAT WE SHALL NOT BE LIABLE TO YOU OR OTHERS, INCLUDING BUT NOT LIMITED TO, YOUR FAMILY, REPRESENTATIVES, SHAREHOLDERS, ASSOCIATES, EMPLOYEES, AGENTS, OFFICERS, CO-WORKERS, AFFILIATES, DIRECTORS, AND ANY PERSON/ENTITY AND ANY PERSON/ENTITY CONNECTED TO ANY SUCH PERSON/ENTITY, WHOM USES OR ACCESS THE WEBSITE FROM YOUR DEVICE/S AND/OR INTERNET CONNECTION (WITH OR WITHOUT YOUR PERMISSION) AND/OR DO SO ON YOUR BEHALF, INCLUDING, WITHOUT LIMITATION, IN CONTRACT (INCLUDING UNDER ANY INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE) OR HOWEVER OTHERWISE FOR ANY LOSS OR PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF OPPORTUNITIES, LOSS OF GOODWILL, WILLFUL MISCONDUCT, NEGLIGENCE, DAMAGE TO PROPERTY, PERSONAL INJURY, DEATH OR DIRECT/INDIRECT OR CONSEQUENTIAL LOSS OF WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF ANY OF THE AFOREMENTIONED WHICH COULD BE REGARDED AS DIRECT/INDIRECT OR CONSEQUENTIAL AND WHETHER FORESEEN OR UNFORESEEN HOWEVER ARISING. MOREOVER, WE SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OR FAILURE OF OUR EQUIPMENT OR FACILITIES OR FOR ANY ACT, OMISSION OR FAILURE OF PERFORMANCE BY US, OUR EMPLOYEES, OFFICERS OR AGENTS IN CONNECTION WITH WEBSITE.

5. The absolute limitation of liability contained in the above clauses shall be to the fullest extent permissible by law.

12. INTELLECTUAL PROPERTY

1. You acknowledge and agree that the Website or other third parties own all intellectual property rights in all content, including but not limited to, photographs, videos, information, data, patents, texts, source codes, trademarks and trade names (whether registered or unregistered). Except as expressly stated herein or except where you have obtained a written authorization by the original author/third party/us, as applicable, the General Terms do not grant you any rights to, or in the aforementioned content, or any other rights or licenses in respect of the content provided on our Website by us or third parties.

13. NO PARTNERSHIP OR AGENCY

1. Nothing in the General Terms or the Website is intended to or shall operate to create a partnership between you or any third party and us, or authorize either of us to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

14. GENERAL

Waiver

1. A waiver of any rights under these General Terms is only effective if it is in writing and it applies only to the party whom the waiver is addressed and to the circumstances for which it is given.

2. Our rights arising under these General Terms are cumulative and do not exclude any rights/remedies provided to us by law and/or contract.

Severance

3. If any term/condition (or part of a term/condition) of these General Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

4. If any invalid, unenforceable or illegal provision/term/condition would be valid, enforceable or legal if some part of it were deleted, the provision/term/condition shall apply with whatever modification is necessary to give effect to our commercial intention.

Entire agreement

5. The General Terms and any documents referred to herein or therein, constitute the whole agreement between you and us, and supersede any previous arrangement, understanding or agreement between us relating in any way to the Website.

6. You acknowledge and agree that by accepting these General Terms, you do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) by us or any person relating to the subject matter of the General Terms the Website or any part thereof.

7. We do not and will not accept any counter-offers to the General Terms and all such offers are hereby unconditionally rejected. Failure on our behalf to insist on the performance of the General Terms shall not be construed as a waiver of any of the General Terms provisions or any rights granted to us under the General Terms.

8. YOU HEREBY IRREVOCABLY AND UNDISPUTEDLY FOREVER WAIVE ANY RIGHT THAT YOU MAY HAVE, NOW OR AT ANY TIME IN THE FUTURE, TO OBJECT UPON OR APPEAL ANY PROVISION CONTAINED IN THESE GENERAL TERMS.

Assignment

9. You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the General Terms.

10. We reserve the right to assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights and obligations under these General Terms to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website.

Survival

11. Notwithstanding us closing the Website or restricting your access, these General Terms shall survive indefinitely to govern our relationship with you.

Governing Law and Jurisdiction

12. These General Terms, and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of the State of Palestine. Conflict of laws principles are hereby excluded.

13. You irrevocably agree that the courts of the Ramallah, State of Palestine, have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the General Terms, their subject matter or formation (including non-contractual disputes or claims), without reference to any conflicts of laws principles.

14. Any claim/s under the General Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred to the furthest extent permissible by law.

Amendments

15. We reserve the right to, and may at any time, change or amend these General Terms, or any part hereof, from time to time in the future. While we will endeavor to notify you of any updated General Terms, it is your responsibility to ensure that you are aware of any amended terms and conditions. Continued use of our Website will indicate your acknowledgement of such changes and agreement to be bound by such amended terms and conditions.

Indemnification

16. YOU HEREBY IRREVOCABLY AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR AFFILIATES, OUR RESPECTIVE DIRECTORS, AGENTS, SHAREHOLDERS, REPRESENTATIVES, EMPLOYEES AND OFFICERS HARMLESS AND FROM AND AGAINST ANY AND ALL LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, CLAIMS, ACTIONS, JUDGMENTS, SUITS, COSTS, CHARGES, EXPENSES OR DISBURSEMENTS OF WHATEVER NATURE, INCLUDING ATTORNEY’S FEES, ARISING OUT OF THE USE BY YOU, YOUR AFFILIATES, REPRESENTATIVES, YOUR FAMILY, AGENTS, EMPLOYEES, FRIENDS AND OFFICERS, OF THE WEBSITE. YOU MUST INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ALL CLAIMED LOSSES OR DAMAGES, ASSERTED BY ANYONE, WHICH ARISE FROM YOUR BREACH OF THESE GENERAL TERMS, VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, OR ANY ACT OR OMISSION IN CONNECTION WITH YOUR USE OF/ACCESS TO THE WEBSITE

    
    

    
    

17. Cancellation of a transaction in accordance with the Consumer Protection (Cancellation of a Transaction) Regulations, 2010 and the Consumer Protection Law, 5741-1981

    
    

    
    

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected] or by mail at Sbitany.com

[Re: Privacy Compliance Officer]

[Jerusalem, Jerusalem, JM, , Israel]