Terms of Use of Pluxee Services

Terms of Use of Pluxee Services

Welcome to the Cibus Pluxee website at cibus.pluxee.co.il and/or consumers.pluxee.co.il and the Cibus Pluxee app, which are managed operated by Pluxee Israel Ltd. company, Company Registration No. 51-276870-6 at 5 HaMelacha St., Netanya. 

Recitals
Access to and use of 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 a user of the website and app. Upon registering for the service as stated in these Terms of Use, the user also accepts the provisions of the Terms of Use and undertakes to act in accordance with them. Any user of the service shall be deemed to have read and agreed to all the provisions of the Terms of Use document, with all its provisions. 
Receipt of the services from the company, including registration to the website and app, or the actual use thereof, attests, as aforesaid, to the user's agreement to all the terms of use detailed in this document, and therefore they are requested to read them carefully. The user of the website and/or app acknowledges and agrees to the terms of use of the services, and the very use of these attests to their agreement to all terms of use and the provisions of this Terms of Use document.
Without derogating from the generality of the above, the user is hereby informed that, for the purpose of being enrolled in the services, the user’s personal details will be provided to the company, including the user’s name, an identification number used in the Company’s systems (such as an employee number), email address, and mobile phone number, and that these details will be used by the company as stated in these Terms of Use and in its Privacy Policy, all as further detailed in Section 12 below, titled “Privacy Statement and Direct Marketing, Promotional Information”, which regulates, among other things, the user’s consent to receive marketing communications as specified in Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-1982, the consent to receive direct marketing as defined in the Protection of Privacy Law, 5741-1981, and the regulations enacted thereunder, and the use of the user’s details for such purposes, as well as the receipt of updates and marketing messages via push notifications within the application. The users acknowledges that they must thoroughly read, among other things, the provisions of Section 12 of these Terms of Use.
The terms of use are an integral part of the registration terms for the user seeking to utilize the service.

Definitions

 "Company" or "Cibus Pluxee" – Pluxee Israel Ltd., Company Registration No. 51-276870-6 at 5 HaMelacha Street, Netanya.

 "Service" –a Cibus Pluxee service that allows its user to purchase from Cibus Pluxee products and services purchased by Cibus Pluxee from restaurants and/or marketing chains and/or businesses and/or to receive discounts and/or benefits and/or promotions using the card (as defined below) and/or through the website and/or by telephone order and/or through the app and/or through the purchase from the Company (and through it – in arrangement restaurants and/or arrangement marketing chains and/or arrangement businesses). It is clarified as part of the service, the Company also allows to purchase from it: (a) vouchers, gift cards, etc. it purchased which are issued by third parties, in accordance with the terms and conditions set by them exclusively (each of them will be hereinafter referred to in these Terms of Use, for convenience of reading: "Third-Party Vouchers"); and (b) vouchers issued by Cibus Pluxee itself, enabling the purchase of products or services at various businesses with which Cibus Pluxee has contracted, including vouchers that may be used to pay for products/services purchased directly from Cibus Pluxee itself (hereinafter called: "Cibus Vouchers"). It is clarified that the purchase of Third-Party Vouchers and/or the purchase of Cibus Vouchers by the User is made possible in accordance with and subject to the policy of each employer.

 "CibusPay Service" - an additional and separate service offered by Cibus Pluxee, as defined in Section 8 below. It is clarified that the provisions of these Terms of Use also apply to the CibusPay Service, except for provisions governing the purchase of products/services from the Company and any matter related or connected thereto.

 "Services" or "Company Services" - any service offered by the Company from time to time.

 "Terms of Use" – the terms of use set forth in this Terms of Use document, as shall be updated from time to time.

 "Employer" – a company or other legal entity/incorporation, which has entered into a service agreement with the Company.

 "Service Agreement" – the engagement agreement between the Employer and the Company for the provision of various Company Services, within the framework of which users can benefit from the Employer's engagement arrangement with the Company, and enjoy, inter alia, the purchase of products and Services from the Company, which are manufactured and provided through the businesses (and, if agreed between the Company and the Employer, also from the CibusPay Service), all in accordance with and subject to the definitions set forth in that agreement, including a budget limit set by the Employer for the execution of transactions by the user with the Company and/or in accordance with the Employer policy that excludes from the arrangement applicability the purchase of products from the Company by certain businesses.

 "Arrangement Restaurant(s)" or "Business(es)" – restaurants, eateries, businesses, food vending machines and any supplier with which the Company has engaged and/or engages from time to time for the benefit of its actions within the framework of the Service, i.e., for the purpose of purchasing products and services by the Company from those Arrangement Restaurants and Businesses, for the purpose of selling them by the Company to customers and users, and as will appear on the Company's website.

 "Website" or "Order Website" – a website whose address is cibus.pluxee.co.il and/or consumers.pluxee.co.il and any website replacing them.

 "App" – an app called Pluxee and/or Cibus Pluxee, and any app replacing them.

 "User" – an employee or authorized person on behalf of the Employer, for whom the Employer has established a user account (as defined below) by setting up a user account directly or by contacting the Company and providing them with the details and Terms of Use of the Service through the Company's means of identification, which allows access to the User account and allows them to receive the various Company Services, including the purchase of products and Services from Cibus Pluxee.

 "User Account" – any account established for the User by the Company or by the Employer in the Company's system, in which, inter alia, the Company manages the User's budget and the User's purchases from the Company. The User Account shall include the User's details and access to the Services, i.e., the User's username, password and the name of their Employer. It is clarified that the use of the term “Account” is for convenience purposes only, and that the User Account is not a current account or a payment account, but rather an administrative system managed by the Employer with the assistance of Cibus Pluxee’s systems and services, through which the Employer and Cibus Pluxee coordinate, inter alia, all User's purchases from Cibus Pluxee and/or via CibusPay, and all payments made by the User and/or the Employer in respect of such purchases.

 "Card" – a magnetic card issued by the Company and/or by the Employer for the User, which serves as a means of identification, through which the User may use the Service and make purchases from Cibus Pluxee.

 "Employer Policy" – the policy that the Employer establishes from time to time in relation to the User's use of the Service, as well as the CibusPay Service if the User has enrolled in it, including the budget (amount) within which the User may use the aforementioned Services, the hours and days during which the Services may be used, and any other restriction or stipulation that is determined exclusively by the Employer, which it 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, inter alia, the execution of transaction(s) between the User and the Company, within the framework of which the User orders from the Company products and/or Services manufactured/provided by/through the Businesses (the "Transaction"), including for the purpose of organizing events at the Businesses (the "Events"), as detailed in the Terms of Use detailed in this Terms of Use document, as well as receiving information and performing various actions in connection with the various Company Services.
1.2.    The Website and App enable the User, within the framework of the Service, to purchase products and Services from the Company, including Third-Party Vouchers, which are purchased by the Company for this purpose from a variety of suppliers, including Businesses, Restaurants, food vending machines and other suppliers, as well as Cibus Vouchers issued by the Company itself as stated, enabling the to purchase through them  products and services at various businesses, as detailed on the Website and App. The list of Businesses with which the Company is affiliated is updated from time to time, and the Company may, at any time, at its sole discretion, change the composition and the list of Businesses included in the Arrangement with it, as well as cancel and/or change the engagement with any of the above. Without derogating from the generality of the aforesaid, the User declares, confirms and undertakes that they do not and will not have any claim and/or demand and/or lawsuit in the event that the Company reduces or expands the list of Businesses or the type of Businesses included in the Arrangement with it.
1.3.    Cibus Pluxee provides the Service by purchasing products and services (including Third-Party Vouchers) from Businesses, and selling them in the form of a reseller:
1.3.1.    Independent and distinct contractual engagement: There is an independent and distinct contractual engagement of Cibus Pluxee with the Businesses, within the framework of which it purchases products and services from them for the purpose of reselling them; and a separate engagement of Cibus Pluxee for the sale of the products and services purchased by it. Each such engagement has defined terms and conditions, including consideration.
1.3.2.    Cibus Pluxee is the beneficiary of the payments of the Employer and the Users, for the purchases made from it through the Employer Budget or by debiting the User's personal credit card through the Website, App or otherwise, as specified in the Terms of Use.
1.3.3.    Liability: Without derogating from the other provisions of these Terms of Use, including the provisions of Section 6 below, it is clarified that since Cibus Pluxee sells the products and services it purchases from the Businesses, it is liable for the supply of the product or Service. For the avoidance of doubt, Cibus Pluxee's liability with respect to any information and detail appearing on the Website and App regarding the Businesses and anything relating thereto and the products/services/Third-Party Vouchers provided by the Businesses is limited only if Cibus Pluxee altered them or misrepresented them, as further detailed in Section 6 below. In this framework, Cibus Pluxee is obligated to reimburse the Employer and/or the User, as the case may be, for the Transaction amount, in the event of non-delivery of the product or Service, a defective product or a failed Service, as detailed below and without derogating from Cibus Pluxee's rights vis-à-vis the Business. With respect to Third Party Vouchers, it is clarified that the terms applicable to each voucher are determined by, and are the liability of, the issuer — namely, the business from which Cibus Pluxee purchases the voucher — and that all liability regarding honoring the voucher and supplying products or Services paid for using the voucher lies with the issuer. Accordingly, the issuer’s liability for vouchers sold by Cibus Pluxee is identical to the liability that would apply had the voucher been purchased directly from the issuer. When a User purchases a Third Party Voucher, the user assumes all risks relating to the issuer, exactly as would apply had the user purchased the voucher directly from the issuer, including risks relating to the supply of products/Services purchased using the voucher and any aspect connected thereto, as well as risks relating to the issuer’s product assortment, pricing, supply conditions, and risks relating to cessation of the issuer’s activity, insolvency, or similar circumstances.
1.3.4.    Cibus Pluxee customer service handles queries, complaints and inquiries of all kinds, resolved by Cibus Pluxee or by the relevant Business.

Accordingly, each time a User makes a Transaction with Cibus Pluxee, an additional, parallel transaction is executed between Cibus Pluxee and the Business chosen by the User, in which Cibus Pluxee purchases from the Business those products/services chosen by the User and instructs it to provide them to the User. These are two separate transactions, each of which is independent and valid. In transactions from businesses through an independent platform such as Yango Deli/HAAT, the Company purchases the products and services from the platform (which is responsible for an arrangement with the Business).
For the avoidance of doubt, it is hereby emphasized that the description of the Service format in this Section does not apply to the CibusPay Service, which shall be governed by the provisions of Section 8 below.
Since the Company operates within the framework of the Service in a reseller format and/or through the issuance of vouchers and coupons that are exempt from licensing requirements, and/or through the provision of limited scope services that are exempt from licensing requirements, its activities are not supervised by the Israel Securities Authority.
1.4.    In addition, the Company sells Cibus Vouchers issued by it, which enable the purchase of products or services through them at various Businesses with which the Company has contracted. It is clarified that these Terms of Use also apply to the purchase of these Cibus Vouchers, including with regard to the Business' responsibility for the information and the products/services and any other matter relating thereto, mutatis mutandis. In addition, the purchase, possession and redemption of these Cibus Vouchers are also subject to the provisions of each Voucher's regulations, as detailed in the purchase process on the Website/Application. In case of contradiction between the provisions of these Terms of Use and the Voucher's regulations, the Voucher's regulations will prevail. 
1.5.    It is further clarified that the very publication on the Website/App of details regarding the Businesses related to the Company in the Arrangement within the framework of the Service or details regarding their products/services/Third-Party Vouchers/Cibus Vouchers - does not constitute an opinion of the Company regarding those Businesses or in respect of the products/services/Third-Party Vouchers provided by them, or a recommendation or encouragement to purchase from the Businesses and/or a representation and/or promise in relation to them.

2.    Website and App registration
2.1.    The use of the Website and App or any of the Services offered therein is conditional upon the opening of a User Account, in accordance with the Employer’s request and instructions. For the purpose of opening a User Account, the User will be issued a username and password by the Company and/or by the Employer. In order to receive the various Services from the Company, the User must provide personal details including name, email address, telephone number, private address, workplace address/delivery address, and/or other operational details as may be required from time to time, whether by the Company or by the Employer. It is clarified that upon receipt of the access details and/or the Card, the User must change the password for accessing the system through the Website.
2.2.    The User undertakes that (a) the details provided by them to the Company or to the Employer that requested the account opening for them will be true, up-to-date and accurate, and no use will be made of the Website and App with a false identity or impersonation of another; (b) the username chosen by them is not subject to the rights of another person and/or constitutes an infringement of the intellectual property rights of a third party; (c) no use will be made of another person's username; and (d) in the event of a change in details or if there is a concern of unauthorized use of the User's data, they will immediately report the same to the Company by emailing to CS.IL@pluxeegroup.com. It should be emphasized that the Company's liability in such a case is limited to closing access to the User Account only within a reasonable time from the date of receiving the notice.

3.    Executing Transactions through the Website and/or App within the framework of the Service 
3.1.    The User will be able to order products/services from the Company, by way of delivery or order for the purpose of self-pickup or sitting at the Business.
3.2.    The User will be entitled to make use of the Service and purchase products and Services from the Company (which are purchased by the Company as aforesaid from the Businesses in a separate and parallel transaction) in the following manner:
3.2.1.    Execution of a Transaction for the purchase of products and Services from the Company – Execution of a Transaction using the Card and/or employee badge through the Business itself. The User will deliver the Card and/or employee badge at the end of the order or meal, the Card and/or employee badge will be received and checked through a terminal located at the Business, and a Transaction of purchase by the User from the Company will be created, following which the User Account associated with the Card and/or employee badge will be charged the amount of the Transaction. If there is a communication malfunction between the terminal and the Company's computers, the Transaction will be executed with a manual voucher. In addition, the execution of a transaction through the Business is made possible by generating a digital code from the App (a cellular payment code) that will be delivered to the Business/Restaurant at the time of the transaction; Upon delivery of the manual voucher or digital code to the Business, a transaction will be created between the Company and the Business, for the order of the products and services (which are sold by the Business to the Company and then sold by the Company to the User).It should be clarified that the digital code is valid for about 20 minutes from generating; in addition, a transaction is made using a QR code.
3.2.2.    Execution of a Transaction on the Website for the purposes of delivery and/or self-pickup – Order and purchase of products and Services by the User on the Website will be carried out by typing the User's name, password, and sometimes they will also be required to type the name of the Employer for whom they work. Upon the approval of the Transaction by Cibus Pluxee, the User Account will be charged the amount of the Transaction (and if applicable – the credit card will be charged the balance beyond the Employer Budget).
3.2.3.    Executing a Transaction on the App for the purposes of deliveries and/or self-pickup – The User may download and install the App on their mobile device and place an order and purchase products from the Company. Upon confirmation of an order in the App, a Transaction will be created with the Company and the User Account will be charged accordingly (and if applicable – the credit card will be charged the balance beyond the Employer Budget).
3.2.4.    Execution of Transactions with external parties that have cooperation agreements with the Company (such as Wolt) are executed through the App, Website or any other means of that third party, subject to the Company's approval. In these transactions, the User is also subject to the policies and terms of use of those entities. Upon approval of the transaction by the Company, a Transaction will be created with the Company and the User Account will be charged accordingly (and if applicable – the credit card will be charged the balance beyond the Employer Budget).
3.3.    The User confirms that they are aware that it will be possible to carry out Transactions for the purchase of products/Services from the Company using the Card and/or the system on certain days and hours only, and it is their responsibility to ensure that the Card and/or the system can be used before making any order/purchase using them.
3.4.    The User may carry out purchases from the Company using personal credit card  by adding it to their account, through the Website and/or App, provided that it is a valid credit card of a type approved by the Company. Adding their personal credit card may be done for the purpose of supplementing the User's personal budget (i.e., the one allocated to them by the Employer as part of the Employer's joining the Arrangement with the Company – hereinafter referred to as the "Employer Budget").
In the event that User requests to carry out Transactions in an amount that exceeds the Employer Budget or exceeds the Employer Policy and approves the execution of the Transaction with their own money, they independently purchase the products and Services from the Company (or the portion thereof that exceeds the personal budget).
In this situation, the portion of the Transaction executed through the Employer Budget will be debited to the User Account and will be the responsibility of the Employer, while the portion of the Transaction that exceeds the Employer Budget will be the responsibility of the User, and the Company will charge the User’s personal credit card on the billing date customary at the Company from time to time (usually once a month). In addition, the User may pay the portion of the Transaction that exceeds the Employer Budget in cash directly to the Business at the time the Transaction is executed, or in any other form of payment agreed upon between the User and the Business. The Company may also collect any debt owed to it by the User by any other lawful means, including in circumstances where the User's credit card charge is not approved.
3.5.    When adding credit details to the User Account, the User will define the maximum balance of the amount they may use, i.e., what is the total and maximum monetary amount that may exceed the amount of the personal budget for executing transactions using their credit card account (the "Remaining Balance"). The User will have the choice regarding the Remaining Balance and will be entitled to choose between a daily ceiling of up to NIS 250 and a monthly ceiling of up to NIS 2,900. The Company reserves the right to change the ceiling of these amounts at any time, including decreasing or increasing them or adding more possible restrictions. 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 by default. Currently, this default is up to NIS 250 per day. Altogether, the User will be entitled to request to set a different daily ceiling, or alternatively a monthly ceiling, subject to the Company's approval.
3.6.    In addition to the above, the User declares and undertakes that they pay the Remaining Balance by means of a valid credit card in Israel, issued by one of the credit card companies authorized to operate in Israel, which they are authorized to use. It should be emphasized that a prerequisite for making a purchase on the Website and/or App rather than within the framework of the personal budget is the approval of the payment by the credit card company through which the User undertook to make the payment. The User will have no claim against the Company in the event that such approval is not obtained.
3.7.    The Company is entitled, at its sole discretion, to carry out authorization/reservation (j5) transactions on the User's credit card. The authorization transaction is intended to verify the validity of the User's credit card and the possibility of charging the User the consideration according to a forecast of the transaction amount. It should be emphasized that when the authorization transaction is executed, no actual financial charge is made, but this amount may be deducted from the credit card's credit exposure (credit limit). In addition, subject to the law provisions, the Company will be entitled to charge the credit on a calendar day at its discretion and even change this date from time to time at its discretion.
3.8.    The Company does not hold and/or store the User's credit card details but rather enters them directly through the service provider that provides this service to the Company (currently: "Tranzila Clearing and Payment Solutions"), through a dedicated link. Therefore, it is clarified that the Company is not exposed to entering the User's credit card details and ID number, and these are not kept in its possession.
3.9.    It is hereby clarified that the purchase of products from the Company is sometimes made at a price that includes a discount in relation to the regular price at which the Businesses provide the same products to their own customers. When there is a discount, it is given sometimes by the Company and sometimes by the Businesses to the Company, thereby the Company may offer the products at a lower price. The discount rate or amount may change from time to time. There may also be a difference between Transactions executed for a delivery order or for a purchase by way of sitting at the Business, all at the Company's discretion and/or pursuant to the agreement between it and the Businesses. It is further clarified that the discount that will be given on a delivery order will be given only if the User has placed an order through the Website or App, not when the order is placed in any other way. In any case, the price at which the User Account will be charged is reflected to the User before or during the order process.
The Company makes efforts to obtain preferential terms for the Users in relation to products and Services purchased from it but does not guarantee that the price offered is the cheapest price, and the User must check all the terms and conditions and their suitability to their needs and desires, including the price of the products.
3.9.1    As stated, subject to the policy of relevant Employer, the Company allows Users, inter alia, to purchase from it Third-Party Vouchers for redemption at certain Businesses from which the Company purchases the same Third-Party Vouchers, as well as Cibus Vouchers issued by the Company and supported by its Arrangement with the relevant Business. Upon completing the Transaction of purchase of a Third-Party Voucher and/or Cibus Voucher from the Company, as applicable, the User will be sent a code or means necessary for its redemption at the relevant Business (hereinafter referred to for convenience of reading as the "Code").   
3.9.2    It is clarified that each Third-Party Voucher is subject, in addition to the provisions of these Terms of Use, to all terms and conditions and restrictions set in respect of it by the Business that issued it, and that in the event of a contradiction between the provisions of these Terms of Use and the provisions of a Third-Party Voucher terms as stated, the provisions of these Terms of Use shall prevail in the relationship with the Company. In addition, each Cibus Voucher is subject, in addition to the provisions of these Terms of Use, to the terms and conditions of that Voucher, as determined by the Company. The Company publishes on the Website/App the information provided to it by the Business in connection with a Third-Party Voucher or in connection with its policy regarding the redemption of a Cibus Voucher, as applicable. Before purchasing a Third-Party Voucher or a Cibus Voucher, it is the User's responsibility to check all terms and conditions applicable to them, including the possibility of redemption, validity, etc. 
3.9.3    For the avoidance of doubt, all provisions of these Terms of Use also apply to a Transaction for the purchase of a Third-Party Voucher or a Cibus Voucher, including with respect to the Company's liability. It is clarified that in relation to Third-Party Vouchers - the Company purchases the Voucher from the Business that issued it, and that upon sending the Voucher or Code - the Transaction of selling it to the User is completed. 
3.9.4    The Company is liable for ensuring that the Code is valid and recognized by the Business and is liable for crediting the User if it turns out that, despite the aforesaid, the Business does not recognize that the Voucher was issued by it and binds it, and regarding the Cibus Voucher – that the Voucher binds it, in accordance with the Arrangement with the Company. It is clarified that any other risk relating to a Third Party Voucher is borne by the Business issuing the voucher, similar to any other comparable voucher issued and sold directly by that Business to its customers, including risks relating to the various Products of the Business’ pricing and sales terms as may apply from time to time, delivery times, inability to redeem the voucher in the event of cessation of the Business’s activity, insolvency, or similar circumstances. 
3.9.5    The Company is not liable for any dispute between the User and the Business with respect to the terms and conditions and restrictions set by it that apply to the redemption of the Third-Party Voucher, or the redemption of the Cibus Voucher at that Business, unless the Company has provided the User with erroneous details in these matters, which are different from the details it received from the Business. 
3.9.6    At the time of the User's redemption of the Third-Party Voucher or redemption of the Cibus Voucher at the Business, the Company is not a party to a transaction executed between the User and the Business, nor is it liable for the products and services the User purchases from the Business using the Third-Party Voucher or the Cibus Voucher. 
3.9.7    It is the User's responsibility to keep the Code received - it cannot be guaranteed that it will be possible to recover a digital code that has been lost or removed for any reason, and the Company will not be held liable in the event of loss/removal of the Code.
3.9.8    The Company's customer service will assist Users with inquiries regarding Third-Party Vouchers and/or Cibus Vouchers, sold by the Company, but the aforesaid does not impose liability on the Company, beyond what is expressly stated above.

4.    Transaction cancellation policy for purchase from the Company
4.1.    The Company is entitled to notify the cancellation of the Transaction (in whole or in part), in any case in which factors or events beyond the Company's control delay or prevent the execution of the Transaction, including due to a reason related to the Business from which the Company purchases the products/Services underlying the Transaction and/or if malfunctions in the computers and/or telephone systems and/or communication systems impair the completion of the purchase process or the verification of details. In this case, the Company will cancel the charge of the User Account and if the chargeable amount has already been collected - it will refund to the User any amount paid by them in respect of this Transaction (in whole or in part) or cancel the Card and/or credit card debiting action with which the Transaction was made. It should be emphasized that the Company's liability for such cancellation will be limited to refunding the amount of the Transaction. In the event that such credit is actually received by the Company, for any reason whatsoever, after the end of the budget period determined by the Employer (such as a calendar month), the credit shall be applied to the next budget period; however, in all cases, the Employer and the User shall be charged based on the actual purchases made from the budget.
4.2.    In the event that there is a printing error and/or typographical error and/or clerical mistake in the description of the product and/or its price and/or its delivery dates and/or any other information about it, the Company may cancel the Transaction executed and cancel the debiting action relating to the Transaction, or refund any amount paid to the Company in respect of such Transaction.
4.3.    In any case in which a User cancels a Transaction, on one of the grounds set forth in the law provisions and this Terms of Use document, the Company undertakes to credit the User Account and/or credit card (as applicable) through which the Transaction was executed, less cancellation fees by law.

5.    "Pay by Mobile" Service 
The Company allows Users to purchase products and Services from the Company, including through the App or a variety of other means, including a mobile order code, QR code, etc., subject to and in accordance with the Company's policy and procedures in this regard, as will be from time to time and will be published on the Website, as well as the policy of the relevant Business only. It is clarified that not all Businesses accept orders from the Company through each of these types of service, and that the User is liable for finding out whether the relevant Business accepts orders for products and services from the Company through this specific means. The Company will bear no liability for any claim, demand or cause of action arising from the fact that it is impossible to place an order from the Company in relation to the products/Services that the Company sells to a particular Business by way of such an order.

6.    Liability and Indemnification; Customer Service
6.1.    Cibus Pluxee operates a customer service system that handles any type of complaint or issue relating to an order from the Company or its execution (for any reason whatsoever) within the framework of the Service, including through handling by the relevant Business. Customer service is available by phone, as well as on the Website and App, as well as through any other channel that the Company may allow from time to time.
6.2.    In any case in which the Customer and the Users on its behalf have a legal right to cancel a Transaction for purchases from the Company, the cancellation of the Transaction will be made with Cibus Pluxee, which will refund the Customer for it, minus cancellation fees by law. In addition, in the event that the Customer or User has reached consents with a Business to cancel a Transaction, and the Business cancels the Transaction, the relevant Transactions with Cibus Pluxee will also be canceled.
6.3.    Since, within the framework of the Service, Cibus Pluxee is the entity that sells the products and Services to the User (after purchasing them from the Business), it is liable for the supply of the product or Service, through or by the Business from which they were purchased by the Company, all subject to these Terms of Use. In this framework, Cibus Pluxee is obligated to credit the User Account only at its direct cost, in the event of failure to provide the product or Service (in whole or in part, as the case may be - the credit will apply in relation to the part that was not supplied), a defective product or a failed Service, as detailed above and below, thus without derogating from Cibus Pluxee's rights vis-à-vis the Business. It should be emphasized that such a credit will constitute full and comprehensive compensation of the User for any damage and/or expense in all matters related to and/or concerning their rights vis-à-vis the Company, although the aforesaid does not limit their rights vis-à-vis the Business, to the extent that such rights exist.
6.4.    For the avoidance of doubt, the details appearing on the Website and App regarding the Businesses and anything related to them and the products/services that the Businesses provide, including (but not limited to) – the description of the products, the prices of the products, their Kosher certification, their ingredients (including sensitivities and allergens) and the other conditions under which the various products are supplied, are based exclusively on the information provided by the Businesses. Cibus Pluxee will only be liable for the said information if it has altered or misrepresented it but will not be liable for any other matter arising from the information provided by the Businesses.
6.5.    Any change and/or update in the details and menus of the Businesses and the other products offered for purchase from the Company through the Website/App, which are provided as part of the Transactions, is made at the responsibility of the Business and in reliance on the information received exclusively from the Businesses and is not checked by the Company or anyone on its behalf, and therefore is not its responsibility, unless there is an error in the aforesaid details due to a willful act on the Company's part.
6.6.    Except for the Company's obligation to credit the User Account with the purchase amount or part thereof, as the case may be, for non-delivery of a product or a defect in such product purchased from it, any complaint and/or claim and/or demand that the User and/or anyone on their behalf have, including compensation or indemnification, originating from the act and/or omission of the Business and/or the product and/or service itself, and/or the menu displayed at the Businesses and/or the manner and time of supply of the products/services subject matter of the Transaction by the Businesses, will be the responsibility of the Business and the Company will bear no liability for any such act and/or omission, unless the Company's intentional act is the main cause of the event. The aforesaid does not detract from the Company's liability for the order itself, as detailed below.
6.7.    With respect to products and services purchased from the Company within the framework of the Service, the Company is responsible for the order itself (including for any mistake made by the Company in the execution of the order, including liability for refunding the amount of the Transaction in the event of a defect in the execution of the Transaction, including non-delivery of the order). However, the Company is engaged in the field of corporate catering and supplies food, products and Services (through the Businesses) but is not the manufacturer of the food or the provider of the Services, but rather purchases them from Businesses, in accordance with the details and information it obtains from the Restaurants and Business, and distributes them (as a reseller) to the Users, and it has no control of any kind with respect to the food purchased through it, including and without derogation, the quality of the food, its production, freshness, Kosher certification, ingredients, etc., and is not and will not be liable at any point in time, directly and/or indirectly, including for any matter and/or subject relating to the food itself, its sale, its Kosher certification, its quality, as well as its suitability for description in the information provided in relation to it, except for the Company's liability to credit the customer for the amount of the order in the event of non-delivery, non-conformity or defect in the supplied product. In addition, the Company is not liable for any damage that may be caused to the User due to matters under the responsibility and/or control of a Business, such as the accessibility and safety of the restaurant's structure.
6.8.    Without derogating from the aforesaid, the User declares that they are aware, acknowledge and agree that the following provisions will apply, inter alia:
6.8.1.    The Company is not and will not be liable at any point in time for any damage and/or expense and/or loss, which will be caused to the User and/or anyone on their behalf in connection with and/or relating to the marking and/or labeling of the food (including such that appears next to the food dishes), including due to the fact that these were delivered to the Company by the Business/food supplier/restauranteur and/or in their directions/instructions and as such, all data regarding food in general and its marking/labeling as stated is not binding on the Company itself.
6.8.2.    The Company is not involved in the preparation of the food and/or the purchase of raw materials for its preparation, and the marking is displayed solely based on information received from the Business/food supplier/restaurateur. Thus, for example, where it is written that the food is "gluten-free", this is done at the request of the Business without the Company having the possibility of checking and verifying this fact; the aforesaid will also apply accordingly in all matters related to and/or concerning food Kosher certification issues, whereas the Company is not and will not be liable for this issue as well.
6.8.3.    The Company is not and will not be liable, directly and/or indirectly, for any omission and/or damage and/or harm to health as a result of eating the food; Any complaint and/or claim and/or demand directed by a User to the Company, which originates from an act and/or omission of the Business related to the incorrect marking and/or labeling of the displayed food, will be the sole responsibility of the Business, and the Company will bear no liability for such act and/or omission.
6.8.4.    Any complaint and/or claim and/or demand that the User and/or anyone on their behalf may have, including compensation or indemnification, which originates from the User's own act and/or omission, deriving from a deviation or violation of the Business policy, will be the liability of the User, and the Company bear no liability for any act and/or omission of the User as aforesaid.
6.8.5.    The list of Businesses appearing 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 sole discretion of the Company. The Company or anyone on its behalf shall bear no liability, direct or indirect, financial or other, if a User has arrived at a Business that has been closed or is no longer included within the framework of the Service. It is the User's responsibility to keep up to date with which Businesses are still included in such list, their nature and essence and any other relevant matter relating to them and material for the User, including the validity of the Kosher certification of any of the Restaurants, operation hours, etc., and they will have no claim and/or demand and/or lawsuit against the Company in this matter, except of course a credit for any order that was placed and was not provided in accordance with its terms and conditions, if any.
6.9.     In any event, the Company is not liable for indirect damage, and its liability is limited to the amount of the Transaction only, provided that indirect damage does not derive exclusively from the Company's intentional act.
6.10.    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 User's violation of these Terms of Use or the User's violation of the law in connection with the User's use of the Website, App or any of the Services, including for any act or omission on the part of the User in contravention of the provisions of this Terms of Use document, and including for any claim, demand or cause of action of a third party arising from any act or omission of the User, including such as a violation of the law or these Terms of Use.
6.11.    It is clarified that the aforesaid does not prejudice any right that the User has vis-à-vis the Business that has provided the Company (and through it - the User) with the products and services, including any right that they have vis-à-vis the Business under any law, including the Torts Ordinance and/or the Consumer Protection Law.
6.12.    Subject to the foregoing, the use of the Website and App is at the sole and complete responsibility of the User. The Website, App, Services and the content on the Website and App are offered "as is", without liability of any kind. Unless expressly stated otherwise in this Terms of Use document, the Company or anyone on its behalf shall bear no liability, direct or indirect, financial or other, for any result arising from the use of the Website, App, Services or in 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 by or on behalf of 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 the availability of the content therein, malfunctions, the results of its use, etc., and to the extent that the User has or may have any such claim, whether known to them or if they become aware of it in the future, they irrevocably waive it.

7.    Uploading Images to the Website/App by Businesses
7.1.    The images of dishes and products displayed for purchase from the Company on or through the Website and App are for illustration purposes only, and it is clarified that they were delivered to the Company by the Businesses and are the responsibility of the Businesses, and do not bind the Company at all. There may be differences between the images displayed on the Website and App, some or all of them, and the products sold by the Company through the Businesses, including color differences. The Company is not liable for any use by the User of the images displayed on the Website and/or their reliance on them.
7.2.    The images of dishes and products are displayed on the Website in accordance with the agreements between the Company and the Businesses. The copyrights in the images belong to the Businesses, which have permitted the Company to make use of them. The User undertakes not to copy, reproduce, distribute, market, use or deliver to others the images and/or make any other commercial or non-commercial use of them, without obtaining the Company's explicit prior written consent.
7.3.    It is emphasized that the Company is not liable in any way and/or manner for the images uploaded to the Website, which were provided to it by the Business, except in the event that they were altered by the Company or in the event of an explicit mistake on the part of the Company itself (as opposed to the Business). The Business is fully liable for any damage, if and to the extent caused as a result of uploading an image provided by it, including any demand and/or claim and/or lawsuit from any third party whatsoever in connection with the image uploaded to the Company's website (thus without derogating from the Business' liability to the Company), all except for damages caused by intentional actions on the Company's part. The User will have no claim and/or demand and/or lawsuit against the Company for uploading images to the Website/App by Businesses.
7.4.    The Company may apply the "Notice and Takedown" procedure as detailed in Section 14 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 will have the right to remove the image, immediately and/or at any stage, at its sole discretion.

8.    CibusPay Service
8.1.    Definitions
In this Section 8, the following terms shall have the meanings set forth alongside them:   
8.1.1    "CibusPay Service" - a separate and distinct service offered by the Company, under which CibusPay cards will be issued by the issuer to the User. These cards will enable them to make purchases directly from Businesses in the CibusPay arrangement, which will be charged from the User's Cibus account in accordance with the Employer Policy. It is emphasized that under this Service, the purchase is not made from the Company in a reseller format, but rather constitutes a direct purchase from the Business, paid to the Business using the Card and funded from the Employer Budget.
8.1.2    "Issuer" - Israel Credit Cards Ltd. and anyone acting on its behalf, or any other entity with which the Company may engage from time to time for the purpose of issuing CibusPay cards
8.1.3    "CibusPay Arrangement Businesses": Selected and specific businesses designated by Cibus Pluxee, at its sole discretion, as included in the CibusPay Service, from which products and/or Services may be purchased directly and paid for using a CibusPay card, by charging the User's Cibus account and in accordance with the Employer Policy.
8.1.4    "Debit Card": as defined in the Banking (Licensing) Law, 5741-1981, issued by the Issuer.  
8.1.5    “(Zero) No Personal Limit Card”: A debit card which enables the User to purchase products and/or Services solely from CibusPay Arrangement Businesses, and solely by charging the User's Cibus account, as managed by Cibus Pluxee. A No Personal Limit Card does not include any personal credit limit for the User and may not be used except for the purpose of paying for the Transactions described herein.
8.1.6    "Combined Card": A Debit Card (referred to as the "CibusPay+" Card) that incorporates the characteristics of a No Personal Limit Card, enabling the User to purchase products and/or Services from CibusPay Arrangement Businesses by charging the User's Cibus account, but unlike the No Personal Limit Card, it also includes a personal credit limit (as defined below), if agreed between the User and the Issuer, if such agreement exists, which enables the User to carry out general transactions and actions as a debit card with various Businesses, pursuant to the agreement between the User and the Issuer and subject to the limitations set forth in this Section 8, including Sections 8.5 through 8.7 below.
8.1.7    "CibusPay Card": A card belonging to one of the two categories above — i.e., a No Personal Limit Card or a Combined Card.
8.1.8    "User Budget": The renewable budget framework allocated to the User by the Employer for utilization in accordance with the Employer Policy, and/or any other budget that the Employer may choose to grant the User, which may be utilized under the CibusPay Service in accordance with the agreement between the Employer and the Company. The said budget framework is managed on behalf of the Employer by Cibus Pluxee and paid to Cibus Pluxee by the Employer pursuant to the Service Agreement. The User Budget may be used both for purchasing products and Services from Cibus Pluxee within the framework of the Service as a reseller (based on products and Services it purchases from Arrangement Restaurants, as specified in the Terms of Use above), and may also be used for purchases made using a Zero Limit Card — or alternatively using a Combined Card, provided that such purchases are not made from the personal credit limit,.
8.1.9    "User Cibus Account": The available balance of the User Budget at the relevant time, in accordance with the Employer Policy; and/or a charge to the User’s personal credit card (including a Combined Card) that the User has linked to their User's Cibus account for the purpose of completing payments for purchases from Cibus Pluxee, in accordance with Section 3 above.  
8.1.10    “Personal Credit Limit”: A personal credit limit offered in the Combined Card directly to the User by the Issuer, if the User wishes, subject to and following the Issuer’s approval of the User, and in accordance with the agreement between the User and the Issuer. The Personal Credit Limit is charged from the User's personal bank account and enables general use of the Combined Card, such that it is not restricted only to making payments as a Debit Card at CibusPay Arrangement Businesses, subject to the provisions set forth in this Section 8, including Sections 8.5 through 8.7 below  .
8.2.    If the Employer has elected to allow its Users to also benefit from the CibusPay Service and the User has chosen to enroll in the CibusPay Service, then it is clarified that specific provisions set forth in this Section 8 shall apply with respect to the CibusPay Service and with respect to Transactions carried out using CibusPay Card. This is in lieu of the provisions of the Terms of Use relating to the "Service", under which the User purchases products and Services directly from the Company. It is emphasized that Transactions carried out through the CibusPay Service are not provided in a reseller format as the "Services" defined above, but rather constitute Transactions carried out directly between the User and the relevant Business. It is clarified that the provisions of this Section 8 do not derogate from the User’s general obligations set forth under these Terms of Use with respect to the Company Services  and the use of the Website/App, but merely expand upon them, with respect to Transactions specifically carried out by the User under the CibusPay Service.  In any case of contradiction between the provisions of this Section 8 and the other provisions of these Terms of Use , the provisions of this Section shall prevail with respect to the CibusPay Service.
8.3.     CibusPay Cards enable a User to purchase products/Services directly from CibusPay Arrangement Businesses, by charging the User Cibus Account. Amounts of Transactions carried out under the CibusPay Service from the User Budget shall be paid by the Employer, and the User shall not be charged for them by the Company. 
8.4.    The list of CibusPay Arrangement Businesses may change from time to time, at the sole and absolute discretion of the Company. It is the User’s responsibility to verify the updated list of CibusPay Arrangement Businesses prior to carrying out a Transaction using the CibusPay Card. In addition, the User is aware that the Employer may instruct the Company that certain Businesses be excluded from the CibusPay Service provided to its Users, and the User shall have no claim against the Company in this regard. The inclusion of any particular business in the list of CibusPay Arrangement Businesses shall not constitute a recommendation and/or opinion by the Company regarding such Business, nor an encouragement to purchase from such Business, nor any representation and/or assurance with respect to any matter relating thereto.
8.5.    Payment with the CibusPay Card at CibusPay Arrangement Businesses cannot be made by charging the Personal Credit Limit on the Combined Card, unless the User has linked the CibusPay Card to their User Cibus Account.
8.6.    Purchases using a CibusPay Card at Businesses not included in the CibusPay Arrangement shall be possible only with Combined Card, and solely by charging the Personal Credit Limit. 
8.7.    It is emphasized that payment with the CibusPay Card cannot be made by charging the User Cibus Account for purchases from the Company under the "Service", as defined above, with respect to the Arrangement Restaurants. Such purchases from the Company may be made only  in the ways detailed in Section 3 of the Terms of Use above. Payment for Transactions with the Company at the Arrangement Restaurants using the CibusPay Card shall be possible only with the Combined Card, and solely by charging the Personal Credit Limit, in which case the Transaction shall be deemed a direct Transaction between the User and the relevant Business. 
8.8.    The User acknowledges that the issuance of CibusPay Cards and their operation as Debit Cards, including the undertaking that Transactions may be carried out using them at CibusPay Arrangement Businesses (and, with respect to Combined Cards, also at other Businesses by charging the Personal Credit Limit, in accordance with the terms of engagement between the User and the Issuer), are under the sole responsibility and authority of the Issuer. This includes, inter alia, approval/refusal to issue a Combined Card (including conditional approval), underwriting, and determining the terms for issuing the Combined Card, all of which are at the Issuer’s sole discretion and responsibility. The User confirms that Cibus Pluxee is not involved in these matters and shall bear no responsibility whatsoever in connection with the Issuer’s decisions. Without derogating from the foregoing, the User acknowledges that under the CibusPay Service, the Issuer shall provide the User with a payment service involving the issuance of a payment instrument, as defined in the Payment Services Law, 5779-2019, under its full responsibility and in accordance with the terms of the User’s engagement with the Issuer.
8.9.    The Employer may restrict the issuance of CibusPay Cards of the Combined Card type to its Users, in whole or in part, at its discretion, and the User shall have no claim against the Company in such case. If the Employer has restricted the issuance of a CibusPay Card to a User, a No Personal Limit Card shall be issued to the User.
8.10.    The User acknowledges and agrees that a condition for the issuance of CibusPay Cards is the execution by both the Employer and the User of all documents required by the Issuer for the purpose of issuing the cards, and the provision of any information that may be required by the Issuer from time to time, as well as the Issuer’s approval. In addition, the issuance of Combined Cards (to the extent the Employer elects to allow such issuance for its Users) requires the User to execute all documents required by the Issuer for the purpose of issuing the Card and to provide any information that may be required by the Issuer from time to time. In any event, the issuance of CibusPay Cards and the provision of the CibusPay Service to the User is subject to the Issuer’s approval, at its discretion.
8.11.    With respect to the CibusPay Service, Cibus Pluxee operates in cooperation with the Issuer, under which it provides the ability to manage the utilization of the Users' Budgets through CibusPay Cards at CibusPay Arrangement Businesses, in accordance with and subject to the Employer Policy.    It is emphasized that payment for Transactions  from the Personal Credit Limit (and/or by charging the User’s personal credit card linked to the User Cibus Account, including the Personal Credit Limit on the Combined Card) is the sole responsibility of the User and shall be borne exclusively by the User. 
8.12.    If a Transaction  charged from the User Budget has been cancelled, or in any other case in which a debit/credit is required in connection with such Transaction, the Company shall credit/debit the User Budget with the relevant amount (and, correspondingly, the Employer charge in respect thereof). If the User Budget cannot be credited for any reason whatsoever, including due to the expiration of the Budget in accordance with the Employer Policy, it  will return it to the User in another manner, such as by issuing a Cibus voucher, as may be determined from time to time. If a Transaction charged from the User Cibus Account by charging the User’s personal credit card has been cancelled, or in any other case in which a debit/credit is required in connection with such Transaction, the Company shall credit/debit the credit card with the relevant amount.
8.13.    It is clarified that, unlike Cibus Pluxee’s responsibility with respect to products/Services purchased from it within the framework of the "Service" in which it acts as a reseller, any Transaction carried out by charging a CibusPay Card is a Transaction conducted directly between the User and the Business only, and Cibus Pluxee is not a party to such a Transaction and shall bear no responsibility whatsoever in connection with it, and in its relations vis à vis the User, it shall bear no responsibility for any matter whatsoever relating to the Transaction, including with respect to the product/Service underlying the Transaction or its delivery. Accordingly, any complaint, demand, claim, or inquiry that the User may have regarding the Transaction with the Business shall be under the exclusive responsibility of the relevant Business and the Issuer, in accordance with the agreement between them. Without derogating from the generality of the foregoing, with respect to the cancellation of a Transaction carried out by charging the User Cibus Account, the provisions of Section 8.12 above shall apply. 
8.14.    Zero Limit Cards and/or the ability to use a Combined Card to carry out a Transaction by charging the User Cibus Account shall be cancelled and/or expire (as applicable) upon the earliest of: (a) termination of the engagement between the Employer and/or the User and the Issuer, for any reason; (b) termination of the Services to the User in accordance with the provisions of the Terms of Use .   

9.    General Instructions regarding the Use of the Website
9.1.    All rights, including intellectual property rights, in the Website, App, Services, content, designs, applications, tools and other components of the Website and App, belong to the Company and/or third parties who have given the Company permission to use them. The terms "Content" or "Contents" mean any information of any kind, including (but not limited to): any document, record, image, photograph, illustration, animation, diagram, character, 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.
9.2.    The Company hereby grants the User a limited, non-exclusive, non-transferable or non-assignable license to make personal use of the Website App, Services and the Company's content, solely for the purposes described in 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 does not grant any right or license, express or implied, in connection with the Website, App, Services and the Company's contents.
9.3.    To the extent that the User sends the Company recommendations or objections in connection with the Website, App or Services, the Company will be entitled to use and/or implement them at its sole discretion without being obligated to compensate the User in any way for such recommendation or objection.
9.4.    The Company reserves the right to change, add, amend, adapt and take any other action on the Website and App or any part thereof, at any time, at its sole discretion, and the User will not have any claim against the Company in this regard.
9.5.    The Company does not guarantee, 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 without errors; (c) the Website and App will be immune from unauthorized access to the Company's systems or breakdowns, malfunctions or failures in hardware, software and any other communication system of the Company and/or anyone on its behalf.
9.6.    Without derogating from the rights, remedies and reliefs given to the Company under any law and these Terms of Use, the Company, at its sole discretion, shall be entitled to block the User's use of the Website, App, Services or any part thereof, at any time and without prior notice, including in the event that the User or anyone acting on their 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 of this document; (c) providing incorrect identification information at or after registration; or (d) an act or omission that may harm the Company or other Users or the Business or the proper operation of the Website and App, including multiple cases of cancellation of a Transaction or complaints on the User's part.

10.    Prohibited Use of the Website
10.1.    You hereby warrant 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 a manner that changes the design of the Website and App or omits any content, including advertisements and commercial content; (b) use the tradenames and trademarks (whether registered or not) displayed on the Website and App, without obtaining the consent of the Company and/or the holders of the rights thereto in advance and in writing, as applicable; (c) operate any computer application or any other means for the purpose of searching, scanning, copying or automatically retrieving content; (d) use the Website and App for commercial purposes; (e) copy, re-edit or publish content appearing on the Website and App; (e) transmit in any way content from the Website and App; (f) distribute "junk mail" or make any use intended to trace or harass another person in any way; (g) use by another person, impersonate another person, or use another's data, including another's Card; and (h) any action that is contrary to the law provisions, or that violates the rights of third parties; Nor will you allow others to do any of the above actions.
10.2.    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 unlawful or immoral, including incitement material, material that includes violence, racism, pornography, hate speech, threats, and expressions of obscenity; (c) encourages the commission of a criminal offense; (d) constitutes an infringement of the rights of third parties, including intellectual property rights; (e) constitutes defamation of a person or an infringement of a person's privacy; and/or (f) contains or is intended to distribute viruses, malware, and/or any other means that may damage, destroy, interfere with, or limit the use of the Company's or any third party's computer systems, servers, hardware, or software.

11.    Links and Publications
11.1.    The Website and App may include links to pages, apps and various 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 does not perform any examination in connection with them, and the very fact that the Company links to such content does not indicate its recommendation or opinion in relation to them, or its consent to their contents, and does not constitute a guarantee of their reliability, update status or legality. The Company will not be liable for such content and will bear no liability for any damage caused to the User or any third party as a result of using such pages, apps and websites. Without derogating from the foregoing, the use of these pages, apps and websites is subject to this Terms of Use document and the Company's privacy policy.
11.2.    Links to the Website and App may not be made from any website that contains illegal content or encourages illegal activity, including content that encourages racism, discrimination, violence, or other pornographic or offensive content, or such that constitutes an infringement of the privacy or reputation of third parties.
11.3.    The Website and App may include commercial information provided for advertising on behalf of various advertisers, including businesses. Publication of such commercial information on the Website and App, including information about businesses, does not constitute a recommendation or encouragement to purchase the services or products offered. The Company and/or anyone on its behalf will bear no liability for the content of the commercial information or advertisements on the Website and App, and the sole liability for the content of the advertisements and commercial information lies with the advertisers and/or the businesses. To the extent that the User chooses to carry out a transaction with an advertiser, directly and not through the Company within the framework of the Services, such a transaction will not be subject to any agreement between the User and the Company, will be executed directly between the User and the relevant advertiser, and the Company will not be a party to any such transaction.

12.    Terms of Use - General
12.1.    The User may use the Services through the Website and App, in accordance with and subject to these Terms of Use and the Employer Policy. 
12.2.    The User is aware and agrees that upon receipt of a notice from the Employer regarding the termination of the User's authorization with them, the Company may close the User Account on the Website/App, including immediately, and they will be blocked from performing any actions, thus without requiring it to give them notice thereof, and they will have no claim against the Company in this regard. In addition, the User is aware that the Employer can and may remove the User from the system, so that their account will be closed, and the Company is not a party to this and will bear no liability in connection with this. It is clarified that until such notice is received, the Company shall bear no liability for Transactions conducted by a User exceeding the authorization granted by the Employer. The User is aware that if they wish to make additional use of the Company's Services in the future as part of working for a new employer that is connected to an arrangement with the Company, they will be required to open a new account on the Website/App. It is clarified that upon termination of the engagement between the User and the Company, the User will no longer have access to their Cibus account, including through the Website/App.
12.3.    The User is aware that the Employer is entitled to change the terms of engagement with the Company, including the days/hours in which the Services may be used or restrictions in relation to certain Business, in relation to all authorized users on their behalf or in relation to certain authorized users, as well as update the User's budget, and the User will have no claim against the Company in this regard. Any claim or question on the User's part in these matters should be directed to the Employer only, and the Company is not a party thereto.
12.4.    User's Liability in the event of loss/theft of a Card or the disclosure of access details to the system: The Card and the access details to the system enable purchases to be made from the Company, and therefore their delivery to others or their loss may enable another person to make purchases from the Company and cause damage. The User undertakes that in the event of loss/theft of a Card, they must take reasonable steps to find the Card and return it to the Company, or cancel/freeze it by one of the following ways: Contacting the designated person (system administrator) at their workplace or contacting the Company directly by e-mail to: general.il@pluxeegroup.com and/or by calling customer service at 1-700-70-11-30 or by using the personal zone on the Website/App.
The Company will send a replacement Card instead of the lost/stolen Card at the request of the Employer, as detailed in the agreement signed by the Employer with the Company.
12.5.    It is the User's sole responsibility to ensure that passwords and access codes to the system are kept strictly confidential and deliver them only to aAuthorized uUsers on their behalf. In any case of concern/suspicion that a password or access code has been disclosed, the User is solely liable for logging into the system through the Website/App and replacing the password and/or code disclosed, in order to prevent a situation of use through "theft" of a password and/or details/code of access to the system (even that the risk arising from the aforesaid is limited, taking into account that this service only allows the purchase of products and Services in limited amounts from Cibus Pluxee).
12.6.    It is hereby agreed that until the date of Card cancellation announcement as stated in Section ‏12.4 above and in the event of disclosure, delivery or loss of User details, the User will be liable for the use of the Card, including charging the User Account for transactions made through the User (by themselves and/or through the Employer). Any use of the Card after announcing its cancellation as mentioned above will not charge the User for the Transactions.
The Company shall not be liable for the loss, theft or transfer of the Card or for any use made of the Services or the User's access details, including due to errors, mistakes or omissions in the execution of Transactions using them, unless the problem arises from acts or omissions of the Company or a malfunction in the Company's technical system.
For the avoidance of doubt, it is hereby clarified that the theft or loss of a Card or the disclosure of the User's details and the execution of Transactions through them (except for a hacking of the Website that does not result from the disclosure of User details and/or customer details) does not derogate from the User's obligations under these Terms of Use, until such notice is given to the Company.
12.7.    The Company may prevent a User from using the Company's Services by closing their account, in any case in which it suspects that the User is using the system and/or taking any action in violation of these Terms of Use and/or in violation of any law, and in any case in which the Company suspects that the User is misusing the Website/App or the Company's Services in any way, including illegal use. In addition, in such cases, the Company will be entitled to take any action it deems appropriate, and in this framework reserves the right to investigate any such suspicion. The Company will also cooperate with any investigation by law enforcement agencies or with any court order or directive of a competent authority that requires or instructs it to disclose the identity or behavior of any User that is suspected of having taken improper actions, including such that appear to be contrary to the law.
12.8.    Without derogating from the aforesaid, the Company may take the aforementioned steps in the following cases, at its sole discretion and without prior notice: deliberately providing false details or when the Company is unable to verify and/or validate and/or confirm any information provided by them; committing an act or omission that the Company suspects constitutes forgery, impersonation, deception or fraud, or an attempt to do any of these; unlawful denial of the execution of Transactions; receiving repeated complaints from Businesses regarding improper/inappropriate conduct vis-à-vis them; performing or attempting to perform an act or omission that may harm the Company or the proper operation of the system, or using the Company's services and the Website/App while engaging in fraudulent activity or any other illegal activity, or in any way infringing the Company's copyrights, trademarks, or any other proprietary right of the Company.

13.    Privacy statement and direct marketing, promotional information
13.1.    The User agrees that by joining the Services, a User Account will be opened for them in the Company's systems, and that for the purpose of joining them as aforesaid, their personal information is provided directly by them and/or by the employer for whom they work, including their name, identification number in the Company's systems (such as an employee number and/or ID number), email address and mobile phone number, and that these details will be used by the Company as stated in the Terms of Use and its privacy policy available on the Website and/or at: https://cibus.pluxee.co.il/privacy-policy (above and hereinafter: the "Privacy Policy").
13.2.    The User declares that upon completing their registration for the Services and their acceptance of the Terms of Use, they are aware of, agree and confirm that these will be sent to them, by all means of communication, including e-mail, electronic message, SMS, WhatsApp messages containing content that meets the definition of "Marketing Communication" in Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-1982, inter alia, regarding a product and/or services of a type similar to that of the product and/or Sservices for which the User provided their details at the time of joining the Services and/or purchase.
13.3.    The User may at any time notify the Company of their wish to remove their details from the mailing list of recipients of "Marketing Communication" in the manner in which they were given the direct marketing and/or by providing a written notice to the Company. With regards to push notifications in the App, it is possible to cancel (opt out of) receiving marketing mailings by changing the settings on the User's mobile device (as specified in Section 12.4 below). . User is aware that failure to check the box regarding consent to receive marketing communications on behalf of the Company when providing the User's details will not be considered as giving a notice of refusal under Section 30A of the Communications Law, and that they must notify the Company of their desire not to receive marketing communications in the ways specified above, including with respect to a product and/or services similar to the product and/or Sservices for which the user provided their details at the time of joining the Sservices and/or making a purchase.
13.4.    The User declares that they are aware of, agree to, and confirm that when the notification service on their cellphone is activated, the Company will send them various notifications, including push notifications related to the App and to actions performed within the App, including important updates including Operational Notifications and also with the aim of offering them various products or Services of the Company or anyone or its behalf that may be of interest to the User (including Marketing Communications), based on their preferences and or usage of the Account or the App . The User can remove the notification service by changing the settings on their cellphone. The User is aware that failure to check the box indicating consent to receive Marketing Communications from the Company during the installation of the App or registration on the Website, and the provision of the User’s details, shall not be considered a notice of refusal under Section 30A of the Communications Law and they will continue to receive marketing mailings via push notifications unless they disable the option to receive notifications in their mobile device settings. A user who disables the notification option in their device settings will receive Operational Notifications through alternative means of communication. In addition, User declare that they are aware and that they agree and confirm that the Company is allowed to introduce banners and various notifications within the Application (In-App), including advertisements, which form a part of the use in the Application and the services, whereby those cannot be removed or cancelled, except by stopping the use of the service.   
13.5.    The sending of messages, updates and notifications to the User that relate to the provision of Services to the user does not constitute a marketing communication 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 them operational messages and updates and/or operational notifications (hereinafter: "Operational Notifications"), inter alia, for the reason that the provision of updates at the operational level is necessary for the provision of various Company Services to the User by the Company, and therefore it is impossible to request the removal of the User from the Company's mailing list for the provision of Operational Notifications. If the User does not wish to receive Operational Notifications, this may only be done by stopping using the Company Services.
13.6.    Service notifications may include, among others (without limitation) the following messages/notifications:
13.6.1.    Notify Users immediately and close to the execution of the User Account debit transaction, including the utilization of the Employer Budget and the approval of various Transactions within the framework of the Company Services.
13.6.2.    Notify Users and Employers of the addition of new Businesses and/or Restaurants to the Arrangement with the Company.
13.6.3.    Notify Employers and/or Users of the validity of the Kosher certifications of the Arrangement Restaurants and presenting to Users and Employers the list of Restaurants with a valid Kosher certification. The Company relies exclusively on information received from the Businesses without conducting independent checks on its part, and the presentation of the Kosher certification data of the Arrangement Restaurants does not serve as a representation of the Company in this regard, inter alia, since there is currently no enforcement and reporting system in Israel regarding the validity of a Kosher certification, and therefore there is no certainty regarding the validity of certificates presented to the Company, and the User must check the existence of Kosher certification and its type.
13.7.    The User declares that they are aware of and agree that their registration to receive the Services by the Company also constitutes consent to receive direct marketing as defined in the Protection of Privacy Law, 5741-1981 and the regulations enacted by its virtue, and the use of their details for this purpose. As part of such mailings, the Company and/or anyone on its behalf may contact the User by direct marketing on the basis of their affiliation with a group with certain characteristics and based on segmentation and characterization activities that the Company conducts based on the information stored with it as aforesaid (including information about the User's practices, the manner in which they use the Website and App, their IP address, their location, Businesses where they ate, products and services they purchased, information or advertisements they read on the Website and/or App, pages they viewed, offers they found interesting, the payment methods used by them) in accordance with the provisions of the Protection of Privacy Law, thus in order to enable optimal characterization of the types of products, services and contents that will be sent to the User. The Company may make use of the information in its possession for the purpose of direct marketing and/or transfer details to third parties as specified in the Privacy Policy and the Terms of Use.
13.8.    The User may order the revocation of the authorization to receive direct marketing, as part of the direct marketing, to the extent that it is carried out by electronic means and/or by contacting the Customer Service Call Center. The removal of the User from the direct marketing list does not negate the receipt of other messages, such as Operational Notifications and/or marketing communications (to the extent that a request to be removed from the mailing list has not been received).
13.9.    It is declared and agreed that the termination of the User's work with the Employer does not constitute a condition for the termination of direct marketing and/or marketing communications and/or Operational and other Notifications to the authorized person's e-mail (or any other means of communication whose details have been provided to the Company, at its discretion), 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) or the Employer has removed them themselves, as detailed in Section 12.2 above.

14.    Removal of content
The Company reserves the right to remove from the Website and App, inter alia, content that it believes or as third parties claim does not comply with the law provisions or is inappropriate, as well as if it violates intellectual property rights or other rights. 
If you believe that certain content appearing on the Website or App infringes your or a third party's intellectual property rights, or violates any other provision of this Terms of Use document, you are requested to email cs.il@Pluxee.com, providing the following details: (a) your full information and contact information (full name, address, telephone, e-mail); (b) an accurate identification of the content that you claim infringes rights and a detailed explanation of how it infringes rights; and (c) a signed statement by you that to the best of your knowledge the information provided by you is complete and true. The Company will respond at its discretion, after examining the matter, and reserves its right to receive clarifications and/or further details from you in connection with the aforesaid prior to formulating a decision.

15.    Publications and/or notifications of the Company for Users and Employers
The Company's notifications in any matter relating to the various Company Services offered to Users, including, but not limited to, regarding a modification and/or addition and/or removal that will be made and/or that the Company intends to make, in the terms of the Services and/or the list of Arrangement Restaurants and/or in any matter relating to any of the Company Services and/or their termination, will be made by the Company in the manner and way that the Company's management deems appropriate at its sole discretion. Without derogating from the aforesaid, advertising on the Website and/or in the App and/or in the Arrangement Restaurants and/or on the notice board of the Employer for whom the User works and/or by one of the means of communication and/or by direct marketing to the User, all at the choice of the Company's management, will be considered satisfactory and the User will not be heard on the claim that they did not know about the Event subject matter of the aforesaid notification and/or report and/or publication, provided that two (2) business days have passed since the Company's announcement as aforesaid. The aforesaid does not oblige the Company to send/publish such notifications, except at its discretion or in cases where it is required to notify by law.
Without derogating from the aforesaid, the Company may send notifications to the User by any means chosen by the Company, in accordance with the terms of engagement they provided to it or that were given to it by the Employer. A notification that the Company has chosen to send by registered mail, will be deemed to have been delivered to the User after 3 business days from dispatch, subject to receiving a reference from the Postal Authority for its delivery therein; If the notification is sent by e-mail, the notification will be considered as having been received by the User on the first business day after delivering it, provided that no electronic indication of a failure to send the notification is received; If the notification is sent via the Website/App or in the personal zone: the notification will be deemed to have been received on the first business day after it was sent.

16.    General
16.1.    Any User may stop receiving Services from the Company, and all they are required to do is remove the App and return the Card to the Employer. It is emphasized that upon termination of the engagement, the User will no longer have access to their account, as stated in Section 12.2 above.
16.2.    The Company may, at its sole discretion and without prior notice, change from time to time the structure, appearance and design of the Website and App, as well as modify, add and update the scope, type and availability of the various  Services offered by the Company to Users, and will be entitled to charge for such or other Services at its sole discretion or change anything and/or any other aspect involved in the Website and App (including the complete termination of the Services provided through them), all as stated - without prior notice. By their very nature, such changes may involve malfunctions and inconveniences. You will have no lawsuit and/or claim and/or demand against the Company and/or anyone on its behalf for such changes and/or malfunctions that will occur due to or in connection with their execution.
16.3.    The Company does not influence and does not purport to influence the Employer Policy and will not be liable for any use of the Service and/or Card and/or CibusPay Service in contravention of the Employer Policy. It should be emphasized that it is the User's responsibility to ensure that their use is in accordance with such a policy, and that the Company is not a party thereto.
16.4.    Subject to the law provisions, the Company may, at its sole discretion, change the Terms of Use and the provisions of this Terms of Use document, in whole or in part, without the need to provide individual notice to the Users. Any update to this Terms of Use document will be made by publishing on the Website and App and will bind all Users of the Website and App within 7 days from the date of its publication on the Website and App, unless a different date is set within the framework of the publication. It is the User's responsibility to update the Terms of Use from time to time.
If the User does not agree to the change in the Terms of Use, they must terminate the engagement, return the Card to the Employer and no longer make purchases from the Company or other actions through the system, Website, App and Card.
16.5.    The use of the Website and App, including any dispute, disagreement or legal proceeding related to this Terms of Use document and/or the Privacy Policy, shall be governed solely by the laws of the State of Israel. The exclusive 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 the Privacy Policy, whether directly or indirectly, shall be vested in the competent courts in Tel Aviv – Yafo only.
16.6.    This Terms of Use document constitutes the entire legal agreement between you and the Company in connection with your use of the Website and App and/or the various Company Services.
16.7.    If any part of this Terms of Use document is determined to be invalid or unenforceable, then the invalid or unenforceable terms will be deemed to have been replaced by valid enforceable terms whose content is consistent with the intent of the original terms, while the remaining terms of this Terms of Use document will remain in full force and effect.
16.8.    The Company's records will constitute prima facie evidence of the accuracy of what is stated therein.
16.9.    The User may not assign, endorse or transfer their obligations or rights under these Terms of Use to another, including the right to use the account, which is personal.
16.10.    Company contact information:
16.10.1.    Email: general.il@pluxeegroup.com  
16.10.2.    Phone: 1-700-70-11-30
16.10.3.    Address: 5 HaMelacha St., Netanya 42507 P.O.B. 8406
For any question or clarification regarding the Website/App or the Company's Services, the User is invited to contact the Company's customer service that will be pleased to try and assist you, using the aforementioned contact information, or using the "Contact Us" link on the Website/App) https://cibus.pluxee.co.il/.
In addition, any message that the User wishes to send to the Company must be transmitted by sending a message via "Contact Us" on the Website/App, which will be considered as having been delivered to the Company within 2 business days from the date it is sent.