Terms of Use of Pluxee Services
Terms of Use of Pluxee Services
Welcome to Cibus Pluxee website/s at cibus.pluxee.co.il and/or consumers.pluxee.co.il and Cibus Pluxee app, managed and operated by Pluxee Israel Ltd. company, private company number 51-276870-6 at 5 HaMelacha Street, Netanya.
Introduction
Accessing and using the website and app, including the various services offered therein, are subject to the Terms of Use document detailed below, which regulates the relationship between the company and you as the user of the website and app. Upon registering himself to the service as stated in these Terms of Use, the user also assumes the said Terms of Use and the provisions of this Terms of Use document and undertakes to follow them. Each user of the service will be deemed to have read and agreed to all provisions of the Terms of Use document, including all provisions thereof.
Receiving the services from the company, including the registration to or the very use of the website and app attest as stated to your consent to all terms of use set forth herein, and therefore you are requested to read it carefully. The user of the website and/or app knows and agrees to the terms of use of the services, and the very use thereof indicates his consent to all terms of use and the provisions of this Terms of Use document.
The terms of use are an integral part of the membership terms of users seeking to make use of the service.
Definitions
"The Company" -Pluxee Israel Ltd., private company number 51-276870-6 at 5 HaMelacha Street, Netanya
"The Service/s": Cibus | Pluxee service, which enables its users to purchase products and services from restaurants under agreement and/or chain stores and/or businesses and/or receive discounts and/or benefits and/or promotions using the card (as defined below) and/or using the website and/or by telephone order and/or using the app and/or by purchasing at restaurants under agreement and/or chain stores under agreement and/or businesses under agreement.
"The Terms of Use" – the terms of use set forth in this Terms of Use document;
"The Employer" – a company or another legal entity/association that has entered into a service agreement with the Company;
"The Service Agreement" – the engagement agreement made between the Employer and the Company for the provision of services, under which the user can benefit from the Employer's engagement arrangement with the Company, and enjoy, inter alia, the purchase of products and services from the businesses, all in accordance with and subject to the definitions set forth in that agreement, including budget limitation for the execution of transactions by the user and/or in accordance with the Employer's policy that excludes certain dining establishments from the scope of arrangement;
"Restaurant(s) under Agreement" or "Business/es": Restaurants, dining establishments, businesses, food vending machines and any supplier with whom the Company has contracted and/or contracts from time to time for the benefit of its operations, and as will appear on the Company's website.
"The Website" or "The Online Ordering Website": the website whose address is cibus.pluxee.co.il and/or consumers.pluxee.co.il
"The App": an application called Pluxee and/or Cibus Pluxee
"The User" – an employee or authorized person on behalf of the Employer, for whom the Employer has created a user account (as defined below) directly or by contacting the Company, and with whom he provided the details and Terms of Use of the Service using the card (as defined below) or the user's employee badge, to which a user account has been attached;
"User Account": any account created for the User of the Service by the Company or by the Employer in the Company's system, enabling the User to use the Service as defined above. The User Account shall include the User's information and details of access to the Service, i.e. the User's username, password and Employer name.
"The Card": a magnetic card issued for the User by the Company and/or the Employer, to which the User Account (as defined above) was attached and through which the User may use the Service.
"Employer's Policy" - The policy of using the Service, including the budget (amount) the User can use upon receiving the Service, the hours and days in which the Service may be used, and any other restriction or stipulation determined exclusively by the Employer that he has the right to change at any time and from time to time at his discretion.
1. About the Website and App
1.1 The Website and App provide a platform that enables the execution of transaction/s between the User and the Businesses (the "Transaction"), including for the purpose of making orders from the Businesses and/or organizing events at the Businesses (the "Events"), as specified in the Terms of Use specified in this Terms of Use document below (above and hereunder: the "Terms of Use").
1.2 Using an account opened for the User, the Website and App enable the User to purchase, inter alia, products from various suppliers including Businesses, dining establishments, restaurants, food vending machines, and other suppliers, as specified on the Website and App. The list of suppliers is updated from time to time.
1.3 It is clarified that the Company is not a party to any Transaction whatsoever or to any engagement between you and the Businesses, including in the event that the Transaction is executed following information published or provided through the Website and App, and including in the event that the Transaction is executed through the various Services of the Website and App (such as by payment using the Website and App). It is also clarified that advertising the Businesses does not constitute recommendation or encouragement to purchase the products offered by the Businesses, and the Company and/or anyone on its behalf will bear no responsibility for products purchased from the Business, inclusively for the quality and/or kashrut of the products.
2. Registration to the Website and App
2.1 Using the Website and App or any of the Services offered therein may be conditional on opening a User Account. To open a User Account, the Company and/or the Employer will produce username and password for the User. In order to receive the Company's Services, the User must provide information including name, email address, telephone number, private address, workplace/delivery address and/or other operational information as may be required from time to time, whether by the Company or by the Employer. It is clarified that upon receiving the details of access to the Service and/or the Card, the User must change the password accessing the system using the Website.
2.2 You hereby undertake that (a) the details provided by you to the Company or to the Employer that requested to open the account for you, will be true and accurate and no use will be made of the Website and App with a false identity or while impersonating another; b) the username you choose is not subject to the rights of another person and/or constitutes a breach of a third-party intellectual property right; c) You will not use another person's username; and (d) if a change is made to the details or if there is a concern that unauthorized use of your data has been made, you will immediately report this to the Company by emailing to Contact.il@pluxeegroup.com.
3. Making orders through the Website and/or App
3.1 The User will be able to place a delivery order or a self-pickup order.
3.2 The User may attach his personal credit information to his account, through the Website and/or App. Attaching the information may be made either for the purpose of completing the User's personal budget (meaning – the one allotted to him by the Employer as part of the Employer joining an arrangement with the Company – hereinafter called the "Personal Budget"), whereas in the event that the User executes Transactions whose amount exceeds the Personal Budget, the amount balance will be charged using the User's credit card; or alternatively, for the purpose of paying all Transactions in full through the User Account, thus subject to the amount limitations in section 3.3 below. It is also clarified that purchases made while deviating from the Employer's Policy (meaning – the one defined as part of the Employer's engagement with the Company) will be fully charged using the User's credit card.
3.3 When attaching credit information to the User Account, the User will define the maximum total balance he can use, that is, what is the total and maximum monetary amount that may exceed the Personal Budget amount for carrying out Transactions through his account (the "Total Balance"). The User will have the choice regarding the Total Balance and will be entitled to choose between a daily ceiling up to a total of NIS 250 and a monthly ceiling up to a total of NIS 2,900. The Company reserves the right to change, inclusively reduce, the ceiling of these amounts at any time. Without derogating from the generality of the aforesaid, it is hereby agreed that in certain cases the Company will be entitled to set the amount of daily ceiling as a default choice amounted to NIS 250 at most per day, although the User may set a different daily ceiling, or alternatively a defined monthly ceiling; However, it must be approved by the relevant party.
3.4 The User declares and warrants paying the Total Balance with a credit card (as defined in the Debit Cards Law, 5746-1986), which is owned by him, valid in Israel and belongs to one of the credit companies authorized to operate in Israel, or from whose owner he has an express permission to perform the actions and obligations on the Website and App. It should be stressed that a prerequisite for making a purchase on the Website and/or App is the approval of the credit card company through which the User undertook to make the payment.
3.5 The Company may, at its sole discretion, carry out verification transactions (j5) with the User's credit card. The verification transaction is intended to verify the integrity of the User's credit card and the possibility of clearing according to a forecast of the Transaction amount. It should be stressed that at the time of making the verification transaction no actual financial charge is made, but this amount is deducted from the obligo (credit ceiling) of the credit card.
3.6 In accordance with the provisions of the law and any statute, the Company does not hold and/or store the User's credit card information, but the User enters them directly for clearing through "Tranzila Clearing and Payment Solutions" company using a designated link. Therefore, it is clarified that the Company is not exposed to entering the User's credit card information and ID number.
3.7 It is hereby clarified that the discounts given by the Company and/or by the Businesses may vary from time to time and there may be a difference between the discounts given at the various Businesses and/or between the discounts given for a delivery order or for sitting at the Business, all at the discretion of the Company and/or the Businesses. It is further clarified that the discount given for a delivery order will be given only if the User has placed an order through the Website or App rather than when the order is placed directly vis-à-vis the Business.
4. Transaction cancellation policy
4.1 If factors or events beyond the Company's control delay and/or prevent, and/or if malfunctions of computer and/or telephone and/or communication systems damage, the completion of the purchase process, the Company may announce the cancellation of the Transaction (in whole or in part). In this case and in this case only, the Company will refund the User any amount paid by him for this Transaction (in whole or in part) or cancel the charge of the Card and/or credit card through which the Transaction was made.
4.2 If there is a misprint and/or clerical error and/or slip of the pen in the product's description and/or price and/or delivery dates and/or any other information relating thereto, the Company may cancel the Transaction made and cancel the charge of the User's Card and/or credit card or refund the User any amount paid by him in respect of this Transaction.
4.3 If a Transaction is canceled by the User in accordance with the provisions of the law and this Terms of Use document, the Company undertakes to credit the User Account and/or credit card (as the case may be) through which the Transaction was made.
4.4 The User may at any time contact the Company in writing, requesting that they block the authorizations to charge the User Account and/or credit card on the Website and App, both as a result of the loss of the username and password and for any other reason (a "Blocking Request") by emailing to Contact.il@pluxeegroup.com. It is the User's responsibility to make sure that the Blocking Request has been received by the Company.
5. "Mobile Payment" Service
The Company allows Users to pay dining establishments through the App, using various ways including mobile payment code – QR code and more, subject to and in accordance with the policy of the relevant Business. It is clarified that not all Businesses accept payments through this service and the User is responsible for checking whether the Business accepts payments through this service. The Company will bear no responsibility for any claim, demand or cause of action arising from the fact that the Business did not receive payment through this service.
6. General provisions regarding the use of the Website
6.1 All rights, including intellectual property rights, to the Website, App, Services, contents, designs, applications, tools and other components of the Website and App, are vested in the Company and/or third parties that have given the Company the permission to make use of them. The terms "Content" or "Contents" mean any information of any kind and type, including (but not limited to): any document, record, image, photocopy, illustration, animation, chart, figure, video, audio file, software, file, computer code, application, format, protocol, database, user interfaces, as well as any character, mark, symbol, and icon, all in any medium.
6.2 The Company hereby grants the User a limited, non-exclusive, non-transferable, and non-assignable license to make personal use of the Website and App, the Services and the Company's Contents, solely for the purposes described on the Website, App and this Terms of Use document, all subject to the other provisions of this Terms of Use document. Beyond the aforesaid, the Company grants no right or license, express or implied, in connection with the Website, App, Services and the Company's Contents.
6.3 If the User sends the Company recommendations or objections regarding the Website, App or Services, the Company will be entitled to use or apply them at its sole discretion without being obligated to compensate the User in any way for such recommendation or objection.
6.4 The Company reserves the right to change, add, amend, adjust, and take any other action in the Website and App or any part thereof, at any time, at its sole discretion, and the User shall have no claim against the Company in this matter.
6.5 The Company does not undertake, inter alia, that (a) the Website and App will meet the User's expectations or requirements; (b) the Services offered on the Website and App will be provided without interruptions and errors; (c) The Website and App shall be immune to unauthorized access to the Company's computers or to defects, malfunctions or failures in hardware, software and any other communication system of the Company and/or anyone on its behalf.
6.6 Without derogating from the rights, reliefs and remedies available to the Company under any law, the Company, at its sole discretion, may at any time and without prior notice block the User's use of the Website, App, Services or any part thereof, including in the event that the User or anyone on his behalf has committed any of the following acts: (a) an illegal act; (b) a breach of any term of the Terms of Use subject matter hereof; (c) provision of incorrect identifying information at the time of registration or thereafter; or (d) an act or omission that might harm the Company or other Users or the proper operation of the Website and App.
7. Prohibited use of the Website
7.1 You hereby undertake that when using the Website, App and Services, you will not do, and will not allow others to do, any of the following: (a) use the Website and App in such manner that changes the design of the Website and App or removes any Content, including advertisements and commercial contents; b) use names and trademarks (whether registered or not) displayed on the Website and App, thus without obtaining the prior written consent of the Company and/or the holders of rights therein, as applicable; c) operate any computer application or any other means for the purpose of searching, scanning, copying or automatically retrieving Contents; d) use the Website and App for commercial purposes; (e) copy, re-edit or publish Contents displayed on the Website and App; (e) transmit in any manner Contents from the Website and App; (f) distribute "junk mail" or make any use intended to trace or harass another person in any way; (g) make use on behalf of another person, impersonate another or use another's data, including another's Card; and (h) any action that is contrary to the law provisions or may violate the rights of third parties; and you will not allow others to take any of the aforementioned actions.
7.2 You hereby warrant that when using the Website, App, and Services, you will not send, transmit, publish, display, or upload any Content that (a) is false or misleading; (b) is illegal or immoral, including incitement materials, materials containing violence, racism, pornography, hate speech, threats, and expressions of profanity; c) encourages the committing of a criminal offense; d) constitutes violation of the rights of third parties, including intellectual property rights; (e) constitutes slander against a person or violation of a person's privacy; and/or (f) contains or is intended to distribute viruses, user-hostile software and/or any other means that might harm, destroy, interfere, or limit the use of computer systems, servers, hardware or software of the Company or any third party.
8. Links & Publications
8.1 The Website and App may include links to various online pages, apps and websites that are not managed and/or operated by the Company and/or anyone on its behalf. The Company does not control and/or supervise such pages, apps and websites, and the fact that the Company creates links to such Contents does not indicate its consent to their Content and does not constitute a guarantee of their reliability, state of update or legitimacy. The Company shall not be responsible for such Contents and shall bear no responsibility for any damage caused to the User or any third party as a result of using such pages, apps and websites. Using these pages, apps and websites is subject to this Terms of Use document and the privacy policy of the Company.
8.2 You must not create links to the Website and App from any website that contains Contents that are illegal or encourage illegal activity, including Contents that encourage racism, discrimination, violence or other pornographic or offensive Contents, or such that constitute an infringement of the privacy or good name of third parties.
8.3 The Website and App may contain commercial information provided for advertising on behalf of various advertisers and dining establishments. Publishing such commercial information on the Website and App, including information about dining establishments, does not constitute recommendation or encouragement to purchase the Services or products offered. The Company and/or anyone on its behalf shall bear no responsibility for the Content of commercial information or advertisements on the Website and App, and the sole responsibility for the Content of advertisements and commercial information lies with the advertisers and/or Businesses. Any Transaction made pursuant to an ad or information published on the Website and App shall be carried out directly between you and the advertiser concerned, and the Company shall not be a party to any such transaction.
9. Uploading of images to the Website/App by dining establishments
9.1 Images of the dishes displayed on the Website and App are for illustration purposes only and the information of the Businesses is the responsibility of the Businesses and does not bind the Company at all. There may be differences between some, or all images displayed on the Website and the products sold in practice by dining establishments, including differences in shades.
9.2 Images of the dishes are displayed on the Website in accordance with agreements made between the Company and dining establishments. The copyrights to the images belong to the Businesses, which allowed the Company to use them. The User undertakes not to copy, reproduce, distribute, market, use, or give others the images and/or make any other commercial or non-commercial use thereof, thus without obtaining the Company's express prior written consent.
9.3 The Company is not responsible for any use made by the User of the images displayed on the Website and/or his reliance on them.
9.4 The Company is not responsible in any way and/or manner for images uploaded to the Website by the Business. The Business is fully responsible for any damage, if and to the extent caused as a result of uploading an image by it, including responsibility for any demand and/or allegation and/or claim raised by any third party in connection with the image it uploaded to the Company's Website, and will be obligated to indemnify and compensate the Company for any expense and/or damage and/or payment it will bear directly and/or indirectly in connection therewith. The User shall have no allegation and/or demand and/or claim against the Company for the uploading of images to the Website by dining establishments.
9.5 The Company may use the "Notice of Removal" procedure as specified in section 13 below in any case of suspected infringement of the rights of third parties, including intellectual property rights, copyrights, trademarks, and any other right, at its sole discretion, and shall have the right to remove the image immediately and/or at any stage, at its sole discretion.
10. Terms of Use – General
10.1 The User may make use of the Services using the Website and the App, pursuant and subject to the Employer's Policy.
10.2 It is declared and agreed that the termination of the User's work with the Employer does not constitute a condition to stop sending updates to the authorized person's email, as long as no written notice has been received from the Employer instructing the Company to remove the authorized person from the Employer's list of employees (i.e., from the list of Users).
10.3 The User shall be entitled to use the Service and purchase products and Services from the Businesses in the following manner:
10.3.1 Executing a Transaction at the Businesses – executing a Transaction using the Card and/or employee badge at the Business itself. The User will hand over the Card and/or employee badge at the end of the meal, the Card and/or employee badge will be cleared through a terminal located at the Business, and the User Account associated with the Card and/or employee badge will be charged for the Transaction amount. In the event of a malfunction in communication between the terminal and the Company's computers, Transaction will be carried out with a manual voucher. In addition, executing a Transaction at the Business by producing a digital code from the App (mobile payment code) that will be delivered to the Business/restaurant upon executing the Transaction; It should be clarified that the digital code is valid for about 20 minutes from the moment it is produced; Furthermore, making a Transaction using a QR code.
10.3.2 Executing a Transaction on the Website for delivery and/or self-pickup purposes – ordering and purchasing products and Services by the User on the Website will be done by typing the username, password and name of Employer of the User, and the User Account will be charged for the Transaction amount.
10.3.3 Executing a Transaction on the App for delivery and/or self-pickup purposes – the holder may download and install the App to his cellular device and place an order and purchase products.
10.3.4 Executing Transactions with external parties with whom the Company has cooperation agreements (such as Wolt) – in which Transactions the User is also subject to the policies and terms of use of those parties.
10.4 The User confirms he is aware that some Businesses allow purchases to be made using the Card and/or system only on certain days and at certain hours, and it is his responsibility to ensure that the Card and/or system may be used before placing any order/purchase using these.
10.5 Liability in case of loss/theft of the Card or disclosure of information of access to the system:
10.5.1 The User confirms he is aware that theft or loss of a Card might damage the Company. The User undertakes that in the event of loss/theft of a Card, he must take reasonable steps to find the Card or cancel it in one of the following ways: approaching the contact (System Manager) at his workplace or contacting the Company directly by emailing to: general.il@pluxeegroup.com and/or by sending a fax to the customer service at: 09-9517177.
10.5.2 The Company will issue a replacement Card instead of the lost/stolen Card as specified in the agreement signed by the Employer with the Company.
10.6 It is hereby agreed that until the Card cancellation date as stated in section 10.5.1 above, the User will bear responsibility for using the card, including charging the User Account for Transactions made through it (by himself and/or through the Employer). Any use of the Card after its cancellation is notified, will not obligate the User to pay for the Transactions.
10.7 It is the sole responsibility of the User to keep passwords and access codes to the system in complete secrecy and provide them only to those authorized on his behalf. In any case of concern that a password or access code has been exposed, the sole responsibility of the User is to enter the system through the Online Ordering Website and replace the password and/or code exposed.
10.8 The Company shall not be liable for loss, theft or transfer of the Card or any use made of the Services or the holder's account, including for mistakes, errors or omissions in the execution of Transactions through them, unless the problem stems from a malfunction in the Company's technical system.
11. Privacy statement and direct mailing, advertising information
11.1 The User agrees that by joining the Services, a User Account will be opened for him in the Company's systems, and that for the purpose of joining him as aforesaid, his personal information is provided directly by him and/or by his Employer, including his name, identification number in the Company's systems (such as employee number), email address and cellphone number, and that this information will be used by the Company as stated in its Terms of Use and its Privacy Policy available on the Website and/or at https://cibus.pluxee.co.il/privacy-policy (above and hereunder: the "Privacy Policy").
11.2 The User declares that upon the completion of his registration to the Service and by accepting the Terms of Use, he is aware, agrees and confirms to receive by all means of communication, including email, electronic message, SMS, WhatsApp messages and, to the extent that he uses the App, through push notifications, updates and marketing messages containing Content that meets the definition of "Advertisement" in section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-1982 regarding a product and/or service of a type similar to the product and/or Service for which the User provided his information at the time of joining the Service and/or purchase.
11.3 The User may at any time notify the Company of his desire to remove his information from the distribution list of "Advertisement" recipients in the same manner the marketing mailing was delivered to him and/or by giving a written notice to the Company, changing the settings on his cellphone or changing the User settings in the App with regard to push notifications in the App. The User is aware that failure to check the box regarding consent to receive Advertisements on behalf of the Company when providing the User's information, will not be deemed giving a notice of refusal pursuant to section 30A of the Communications Law, and that he must notify the Company of his desire not to receive Advertisements in the ways specified in this section.
11.4 Sending messages, updates and notices to the User relating to the provision of Services to the User does not constitute an Advertisement as defined in the Communications Law (Telecommunications and Broadcasting) (Amendment 40), 5742-1980. By approving the Terms of Use, the User authorizes the Company to send him operational messages and updates and/or operational notices (hereinafter: "Operational Notices"), inter alia for the reason that provision of updates at the operational level is necessary for the provision of Services to the User by the Company, and therefore it is impossible to request the removal of the User from the Company's distribution list for the provision of operational messages or not to receive such notices if the User does not wish to receive Operational Notices; this can only be done by stop using the Service.
11.5 Service-oriented notices may include, inter alia, (but not only) the following messages/notices:
11.5.1 updating the Users immediately and close to the execution of Transaction regarding the charging of User Account.
11.5.2 updating the Users and Employers regarding the joining of Businesses and/or new restaurants to the arrangement with the Company.
11.5.3 Updating Employers and/or Users regarding the validity of kashrut of Restaurants under Agreement and presenting Users and Employers with a list of restaurants holding a valid kashrut certificate. Presenting kashrut data of Restaurants under Agreement may not serve as absolute evidence in this regard, inter alia since there is currently no enforcement and reporting system in Israel regarding the validity of kashrut certificates, and therefore there is no certainty regarding the validity of certificates presented to the Company.
11.6 It is clarified that when the notification service on the User's cellphone is activated, the Company will send him various notifications, including push notifications, related to the App, actions performed in the App, important updates and also with the aim of offering him various products or Services he may be interested in (including those that constitute Advertisements), from time to time, according to his preferences and/or uses of the account or App, all subject to his rights under any law. The User can remove the notification service by changing the settings on his cellphone or the User settings in the App.
11.7 The User declares he is aware and agrees that adding him to the receipt of Services by the Company also constitutes consent to the receipt of direct mailing as defined in the Protection of Privacy Law, 5741-1981 and the regulations promulgated thereunder, and to the use of his information for this purpose. As part of such mailings, the Company and/or anyone on its behalf may contact a User by direct mailing based on his affiliation with a group of certain characteristics and actions of segmentation and characterization taken by the Company based on the information kept by it as aforesaid (including information about practices of the User, the manner he uses the Website and App, his IP address, location, Businesses he ate at, products and Services he purchased, information or advertisements he read on the Website and/or App, pages he viewed, offers he found interesting, methods of payment used by him) pursuant to the Protection of Privacy Law, thus in order to enable optimal characterization of the types of products, Services and Contents to be sent to the User. The Company may use information in its possession for direct mailing and/or transfer details to third parties as specified in the Privacy Policy and the Terms of Use.
11.8 The User may order the cancellation of the authorization to receive direct mailing, as part of the direct mailing insofar as it is performed by electronic means and/or by contacting the customer service call center. Removing the user from the direct mailing list does not negate the receipt of other messages, such as Operational Notices and/or Advertisements (insofar as no request to be removed from a distribution list has been received). Removing the User from the direct mailing list and/or distribution list will be carried out within 48 hours from the date of receiving his notice of revocation of authorization as aforesaid.
11.9 It should be stressed that the termination of the User's work with the Employer does not constitute a condition to stop sending direct mailing and/or Advertisements and/or Operational and other Notices, as long as no written notice has been received from the Employer instructing the Company to remove the User from the User list.
12 Liability and indemnity
12.1 The use of the Website and App is at the sole and full responsibility of the User. The Website, App, Services and Contents of the Website and App are offered as is, with no liability of any kind. Unless explicitly stated otherwise in this Terms of Use document or in the Terms of Use, the Company or anyone on its behalf shall bear no responsibility, direct or indirect, financial or other, for any result deriving from the use of the Website, App, Services or the execution of Transactions and Events, including as a result of reliance on the information published on the Website and App (whether published by the Company or third parties). The User shall have no claim, demand and/or cause of action against the Company or anyone on its behalf in connection with the Website and App, including availability of Contents therein, malfunctions, the outcomes of using it, etc., and to the extent that the User has or may have any such claim, whether known to him or he becomes aware of in the future, he waives it irrevocably.
12.2 Any change and/or update of the details and menus of the Businesses and the dishes served at the Businesses, which are supplied as part of the Transactions, is the responsibility of the Businesses and is not the responsibility of the Company or anyone on its behalf.
12.3 Any complaint and/or claim and/or demand the User and/or anyone on his behalf will hold, including compensation or indemnification, which arise from the act and/or omission of the Businesses and/or originate in the menu displayed at the Businesses and/or in the manner and time of execution of Transactions and Events by the Businesses, will be the responsibility of the Business, and the Company will bear no responsibility whatsoever for any such act and/or omission.
12.4 Notwithstanding any other provision above and below, it is hereby stressed that the Company is not engaged in the food industry and is not and will not be responsible at any point in time, directly and/or indirectly, including for any matter and/or issue relating to the food itself, its sale, kashrut, quality and suitability for the description in the information provided in relation thereto; The User declares being aware that the Company operates a venture in the field of advertising, sales and marketing and provision of service to organizations and companies (including in the field of corporate catering) and as stated, is not engaged in the food industry, and therefore confirms and agrees that the following provisions will apply, inter alia:
12.4.1 The Company is not and will not be liable at any point in time for any damage and/or expense and/or loss caused to the User and/or anyone on his behalf in anything related to and/or involving the marking and/or labeling of food (including such that is displayed next to the food dishes), including due to the fact that these were written by the Business/food supplier/restaurateur and/or given under their directions/instructions, and as such, all data regarding food in general and its marking/labeling as aforesaid in particular, do not bind the Company itself.
12.4.2 The Company is not involved in the preparation of food and/or purchase of raw materials for its preparation, and the marking is displayed based on information received from the Business/food supplier/restaurateur only. For example, where it is written that the food is "gluten-free", things are done at the request of the Business without the Company being able to check and verify this fact; The aforesaid will also apply accordingly with regard to and/or relating to food kashrut issues, whereas the Company is not and will not be responsible for this issue as well.
12.4.3 The Company is not and will not be liable directly and/or indirectly for any omission and/or damage and/or health damage as a result of eating the food; Any complaint and/or claim and/or demand addressed to the Company by a User, which originate in an act and/or omission of the Business related to the marking and/or mislabeling of the food displayed, will be the sole responsibility of the Business and the Company will bear no responsibility for such act and/or omission.
12.4.4 Any complaint and/or claim and/or demand the User and/or anyone on his behalf will have, including compensation or indemnification, which arise from an act and/or omission of the User resulting from a deviation from the Business' policy, will be the User's responsibility and the Company shall bear no responsibility whatsoever for any such act and/or omission. The list of Businesses displayed on the Website and App is updated from time to time and there may be changes in the Company's arrangements with the Businesses, at the Company's sole discretion. The Company or anyone on its behalf shall bear no liability, direct or indirect, financial or other, if a User arrives at a Business that has been closed or is no longer included in the framework of the Services. It is the User's responsibility to keep abreast of which Businesses are still included in the said list, their character and quality and any other relevant matters pertaining to them and material to the User, including the validity of the kashrut certificate of any of the restaurants, and he will have no allegation and/or demand and/or claim against the Company on this matter.
12.5 The User hereby undertakes to compensate and indemnify the Company, immediately upon its first demand, for any damage caused to it as a result of the use of the Website, App, or Services by the User, including in respect of any act or omission on the part of the User contrary to the provisions of this Terms of Use document, including in respect of any claim, demand or cause of action of a third party arising from any act or omission of the User.
12.6 The User irrevocably waives any allegation and/or demand and/or claim towards the Company and/or anyone on its behalf having regard to the matters listed in this section 12.
13 Notice of Removal
The Company reserves the right to remove from the Website and App, inter alia, Contents that third parties claim infringe their intellectual property rights or other rights. If you believe that a certain Content displayed on the Website or App infringes your intellectual property rights, or those of a third party, or violates any other provision of this Terms of Use document, you are hereby requested to email to cs.il@Pluxee.com, specifying the following details: (a) your full information and contact information (full name, address, telephone, e-mail); b) accurate identification of the Content that you claim infringes rights and a detailed explanation of how it infringes rights; and (c) your signed statement that to the best of your knowledge, the information provided by you is complete and true. The Company will respond at its discretion after reviewing it and reserves its right to receive clarifications and/or more details from you in connection with the aforesaid prior to formulating a decision.
14 Manners to provide notices by the Company to Users and Employers
The Company's notices in all matters relating to the Services, including, but not limited to, regarding a change and/or addition and/or removal that will be made and/or the Company intends to make, in the terms of Services and/or the list of Restaurants under Agreement and/or in any matter relating to the Services and/or their termination, shall be made by the Company in such manner and way as the Company's management deems fit at its sole discretion. Without derogating from the aforesaid, advertising on the Website and/or App and/or at Restaurants under Agreement and/or on the bulletin board of the User's Employer and/or in one of the communication medias and/or by direct mailing to the User, all at the choice of the Company's management, will be considered satisfactory and the User may not claim that he did not know about the Event subject matter of the notice and/or reporting and/or publication as aforesaid, provided that two (2) business days have passed since the Company's notice as above.
15 General
15.1 The Company may, at its sole discretion and without prior notice, change from time to time the structure of the Website and App, their visibility and design, the scope and availability of the Services, and may charge for such or other Services at its sole discretion or change anything and/or any other aspect related to the Website and App (including complete termination of the Services provided through them), all as stated - without prior notice. By their very nature, such changes might involve malfunctions and inconveniences. You shall have no claim and/or allegation and/or demand against the Company and/or anyone on its behalf in respect of such changes and/or malfunctions that will occur due to or incidental to their implementation.
15.2 The Company does not, and does not purport to, influence on the Employer's Policy and will bear no liability for any use of the Service and/or Card against the Employer's Policy.
15.3 Subject to the law provisions, the Company may, at its sole discretion, change the provisions of the Terms of Use as well as the provisions of this Terms of Use document , in whole or in part, without the need for prior notice. Any update of this Terms of Use document will bind all Users of the Website and App commencing on the date of its publication on the Website and App.
15.4 The use of the Website and App, including any dispute, disagreement, or legal proceeding related to this Terms of Use document, the Terms of Use and/or Privacy Policy, shall be governed solely by the laws of the State of Israel. The sole jurisdiction in any legal proceeding relating to the use of the Website and App or this Terms of Use document, the Terms of Use, and/or Privacy Policy, whether directly or indirectly, will be exclusively vested in the competent courts of Tel Aviv-Jaffa.
15.5 This Terms of Use document constitutes the full legal agreement between you and the Company in connection with your use of the Website and App.
15.6 If it is determined that any part of this Terms of Use document is invalid or unenforceable, then the terms whose validity is revoked or are unenforceable will be deemed to have been replaced by valid and enforceable terms whose content conforms with the intent of the original terms, whereas the other terms of this Terms of Use document will remain in force word for word.
