1. Acceptance of Terms and Conditions
1.1. The following terms and conditions shall govern your use of the online website, located at www.tfactor.today (the "Website"), as well as the performance of any activity or transaction enabled or facilitated through the Website (the “Activities”) all subject to any specific terms agreed upon in writing between us (together with the terms and conditions hereunder, the “Agreement”).
1.2. By using the Website, you (the "User") accept and agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE WEBSITE.
1.3. This Agreement constitutes the entire agreement between you and us, Rooftop Partners Ltd. (the "Owners" or the “Company”), with respect to the use of the Website and its services, and shall replace any and all other agreements.
2.1. You are granted permission to use the services of the Website and perform Activities subject to your full compliance with the provisions of this Agreement.
2.2. You may not use the Website or carry out any Activity if you lack the legal capacity to do so under Applicable Law. For the purpose of this Agreement, “Applicable Law” shall mean the laws, regulations, orders and guidelines of such countries (i) in which you are registered, domiciled, have a permanent establishment, or are accessing the Website or its services; or (ii) from, in or through which Activities are to be performed or to which they are directed; all to the extent designed to govern your specific use of the Website or your specific Activities.
2.3. While using the Website, you may not perform, intentionally or carelessly, any of the following:
2.3.1. Browse, surf, process, scan or use the services of the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
2.3.2. Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Owners have not provided you with a direct link (including, without limitation, URL Hacking).
2.3.3. Carry out any action which may infringe the copyrights of the Owners or any other copyright holder.
2.3.4. Carry out any action which may infringe any Applicable Law or which is designed or is likely to offend or harm the public order or any individual, business or group.
2.4. We reserve the right to bar you from using any of the Website services, and suspend or cancel any action carried out on the Website, at our sole discretion and for any reason we deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any Applicable Law.
2.5. We reserve the right to alter or terminate services offered on the Website at any time, at our sole discretion and for any reason we deem fit.
3. Registration to Services
3.1. At our sole decision, the access to certain Website services may be subject to additional terms and conditions or limited to Users who satisfy and continue to satisfy certain criteria (including geographical location), who have subscribed to the Website (the “Account”), who have provided certain information and details.
3.3. It is clarified that information submitted by User must not contain partial or inaccurate data – only the full, true and accurate details required.
3.4. If User is required to set or change a password for the Account, and so as to avoid any unauthorized access to the Account as well as any possible damage in the event such password is illegally obtained:
3.4.1. User shall not disclose password to any third party nor shall User present, enter or use this password with respect to any third party service.
3.4.2. User shall change the password periodically.
3.4.3. Password shall not contain, whether in straight forward form or reverse order, any of the following: User’s name; identity, social security, passport or phone number; significant date; or dictionary word.
3.5. User shall notify the Owners immediately of any suspicion regarding unauthorized access to the Website through User’s Account.
3.6. Without limiting from the Owners rights under Section 2.4, the Company reserves the right to suspend any Account and condition access to Account on presentation of proof that these terms and conditions have not been violated.
3.7. For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account or to any Website services which are subject to additional terms and conditions or which are limited to User’s who have subscribed to the Website.
3.8. THOUGH OWNERS MAINTAIN REASONABLE MEASURES TO SECURE AND PROTECT ACCOUNT CONTENTS AND INFORMATION REGARDING USER’S ACCESS TO WEBSITE’S SERVICES, OWNERS CAN NOT ENSURE DEFINITE PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND SHALL NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
4. Suitability of Services
4.1. Website services are provided As-Is. The Owners cannot guarantee the suitability of the Website services to your needs or the availability of the Website or its services.
4.2. You are responsible to verify, prior to using the Website services, their suitability to your needs, and you will have no claim against the Owners due to any mismatch of the Website services.
5. Responsibility for Information
Information presented in this Website and its services (the "Information") shall not constitute advice or professional opinion but rather the personal opinion of the Owners, their officers or employees. The Owners do not represent in any way that any Information is accurate, complete or error free.
6. EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY
SUBJECT TO THE APPLICABLE LAW, THE OWNERS, AS WELL AS THEIR OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE TO ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL COSTS AND DAMAGES, WHATSOEVER, INCURRED BY USER DUE TO USE OF THE WEBSITE’S SERVICES OR DUE TO THE NON-AVAILABILITY OF THE WEBSITE’S SERVICES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OF THE WEBSITE’S SERVICES OR DUE TO THE NON-AVAILABILITY OF THE WEBSITE’S SERVICES, INCLUDING ANY EXPOSURE OF ACCOUNT CONTENT AND/OR INFORMATION, SHALL NOT EXCEED THE HIGHER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE WEBSITE’S SERVICES (IF PAID) OR $100.
7. External Links
7.1. Certain adverts or Hyper-Links used in the Website may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that the Owners did not examine these websites and do not support them or their content and cannot verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
7.2. It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
All rights, title and interest in and to the Website, its design, source code, and content elements of the Website are held exclusively by the Owners or the content creator, as applicable, and unless explicitly permitted by the Owners, may not be subjected to any action which may be considered copyright infringement, including, without limitations, copying, transferring, selling, providing access to or otherwise using any such proprietary material outside of the specifically permitted uses herein.
10.1. The trade name "TFACTOR" and the TFACTOR logo are used by the Owners in the course of their business and may not be used without their explicit permission.
10.2. Any other trademarks appearing on the Website, whether currently or in the future, are the property of their respective owners, as applicable.
11. Purchase of Products
11.1. Purchase of the products presented in the Website (the “Products”) shall be made via telephone.
11.2. Our customer service shall submit you a price quote for the Products requested by you (the “Order”), which shall include the shipping charges and/or any applicable taxes.
11.3. You may cancel or change your Order within 24 hours from the day of the purchase.
12.1. Our orders are generally delivered within 14 days from the day of approval of payment by the Owners.
12.2. We endeavor to get your order to you within the estimated delivery time, however, on rare occasions your delivery may be delayed. Delivery times may vary during the holiday seasons. Orders being shipped to remote locations may, on rare occasions, be delayed by the courier/ postal service. Owners shall not be held responsible for delays by the courier/ postal service or for any consequential losses you may suffer if the delivery is not on time for whatever reason.
12.3. In the unlikely event that your order is materially damaged or lost in transit, a replacement order will be issued. If we cannot supply an identical order we will issue you with a full refund.
13. Shipping Charges
13.1. Shipments may incur customs fees, depending on the destination country. The fee may vary depending on your order value, country limits, and other factors. You are responsible for these fees. These duties are paid to applicable customs agency by the end customer in each country.
13.2. If your order is returned to us undelivered, other than for our misactions, you will be responsible for re-shipping charges.
14. Return Policy
All our Products are made to order, or custom-made items, and are not eligible for returns, exchanges, changes or alterations, unless they are faulty or materially damaged or if the design of the final product is materially different from the design submitted by you at the time of the purchase.
15. Amendment to Services and Terms of Agreement
15.1. The Owners may make Non-substantial Changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
15.2. The Owners may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement, at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
15.2.1. You will be entitled to terminate the agreement prior to the amendments taking effect.
15.2.2. The amendments will not affect any actions already taken by you prior to the amendments taking effect.
15.3. It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments.
16. Waiver of Rights to Recommendations and Suggestions
In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Website or its services (the "suggestions") YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY OWNERS OF ANY THIRD PARTY. The Owners will exclusively own any rights to suggestions which, at their sole discretion, they have chosen to adopt.
You undertake to indemnify the Owners for any losses or damages resulting from any 3rd party claims or complaints arising from, or in connection with your actions on the Website and your Activities or breach of this Agreement.
18. Governing Law and Jurisdiction
This Agreement shall be construed and governed by the laws of the State of Israel. Any dispute arising from the terms of this Agreement, the use or misuse of the Website, or any of the Website's services shall be subject to the exclusive jurisdiction of the competent courts in the District of Tel Aviv, Israel.