TicTuk Technologies Ltd. ("TicTuk", "we" or "us") welcomes you ("you" or "user") to TicTuk's desktop or mobile website (the "Site"). Your use of the Site and the services and content made available on the Site are subject to these Terms of Use (these "Terms"). By accessing the Site, you are agreeing to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from accessing or using this Site. We may modify, suspend or discontinue (temporarily or permanently) the Services, as defined below, or revise these Terms from time to time, without prior notice. When we do, we will revise the "last updated" date given below. It is your responsibility to review these Terms frequently and to remain informed of any changes made. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Services will constitute your acceptance of such revised Terms.
TicTuk offers an e-commerce online ordering and marketing system enabling the procurement of goods of any kind, including food, from selected e-commerce businesses (each a "Merchant") through the Site, including through the TicTuk BOT Chat Platform (the "Chatbot") and through other available third-party social platforms, such as Facebook and Telegram (the "Services").The Services are available only to individual users who are at least 18 years old, or to individual users who are younger than 18 and that have received consent from their parent or other legal guardian to access and use the Services.
Use of the Services by a user does not require registration or creating of an account. Any individual person can use the Services, provided that such person is authorized to consummate the transactions contemplated hereunder and provided that such person provides the relevant requested information, including personal information, necessary to provide the Services.
All orders submitted by users through the Site (each an "Order") will be submitted directly to the respective Merchant and will be subject to confirmation by the respective Merchant. Payment for Orders will be made directly by user to the respective Merchant. The fulfilment and delivery of Orders is the responsibility of the respective Merchant exclusively and the payment for Orders is the exclusive responsibility of user. TicTuk is not involved in, nor does it have any control over the fulfilment, delivery and/or payment of orders. TicTuk is merely an intermediary between the user and the Merchant. TicTuk will have no liability with regard to delivery, fulfilment and/or payment of Orders. The information provided through the Site by Merchants, including without limitation, each Merchant's name, contact details, merchandise catalog and pricing (the "Merchandise" and "Merchant Information", respectively), is provided by the respective Merchant. The Merchant Information may not be considered a TicTuk recommendation or suggestion of any kind to place an Order with a Merchant; nor is it a guarantee or warranty of any Merchandise, including without limitation, as to the quality, price, packaging and/or delivery time of any Merchandise. Each Merchant is solely responsible for its respective Merchant Information. TicTuk does not have any obligation to screen any Merchant Information and TicTuk assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, availability, timeliness, quality or safety of any Merchant Information.
Users shall use the Services for placing Orders from Merchants. Users are prohibited from using the Services for any other purpose. User shall be solely and fully responsible for its use of the Site and the Services and for all consequences and results thereof. User agrees not to and shall not permit or assist any other party to: 1. use the Site, and/or the Services for any illegal, immoral, unlawful and/or unauthorized purposes; 2. connect to the Chatbot through a robot or other device or process; 3. interfere with or violate any user's rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent, whether manually or with the use of any robot, spider, crawler any search or retrieval application, or use other manual or automatic device, process or method to access the Site, the Services and retrieve, index and/or data-mine information; 4. make any use of any content available on or through the Site or the Services on any other application, website or networked computer environment for any purpose; or 5. frame or link any information available from the Site or the Chatbot, unless permitted by these Terms. If you operate a website and would like to utilize information provided by this Site, we require that you not frame or link to specific portions of the Site, but instead provide a link to the Site.
TO THE FULLEST EXTENT PERMITED UNDER LAW, THE SITE, THE CHATBOT, THE MERCHANT'S INFORMATION AND THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND TICTUK AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND LICENSORS (COLLECTIVELY, "TICTUK'S REPRESENTATIVES") DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE. TICTUK MAKES NO WARRANTY THAT (I) THE SITE, THE CHATBOT AND/OR THE SERVICES ARE OR WILL BE SECURE, TIMELY, RELIABLE, ACCURATE, COMPLETE, UNINTERUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS, WORMS, OR OTHER HARMFUL COMPONENTS, (II) ANY ERRORS OR DEFECTS IN THE SITE, THE CHATBOT AND/OR THE SERVICES WILL BE CORRECTED AND/OR (III) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS AND/OR WILL BE ACCURATE AND/OR RELIABLE AND TICTUK IS NOT AND SHALL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS, FAULTS OR OMISSIONS RELATED TO ANY CONTENT CONTAINED IN THE SITE, THE CHATBOT AND/OR THE SERVICES. YOU AGREE THAT THE USE OF THE SITE, THE CHATBOT AND THE SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL TICTUK AND/OR TICTUK'S REPRESENTATIVES BE LIABLE TO YOU OR TO OTHERS FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, THE CHATBOT, THE MERCHANT'S INFORMATION AND/OR THE SERVICES AND/OR THE FAILURE OF THE SITE, THE CHATBOT AND/OR THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED OR FROM THE FAILURE OF TICTUK TO PERFORM UNDER THESE TERMS AND/OR FROM ANY OTHER ACT OR OMISSION OF TICTUK OR BY ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER TICTUK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITED BY LAW, TICTUK'S AND TICTUK'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER AND/OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, THE CHATBOT AND/OR THE SERVICES, SHALL BE LIMITED TO US$50. YOU ACKNOWLEGDE AND AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE, THE CHATBOT, THE SERVICES AND/OR THE TERMS MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION SHALL FOREVER BE BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY AS SET FORTH HEREIN. IN THOSE JURISDICTIONS, THE DISALLOWED EXCLUSIONS SHOULD BE REGARDED AS DELETED AND SEVERED FROM THE TERMS.
You acknowledge that the Site, the Chatbot, the Services and any code that TicTuk creates to generate or display any content or the pages making up the Site and/or the Chatbot, and any and all intellectual property rights pertaining thereto, including without limitation, copyrights, database rights, domain names, trademarks, trademark applications, trade names, service marks and all goodwill associated therewith and symbolized thereby, patents, patent applications, inventions, discoveries, concepts, improvements, know-how, confidential information, trade secrets and design rights, in each case whether registered or unregistered and including all applications and rights to apply for registration, and all similar or equivalent rights (collectively, "Intellectual Property Rights"), are (i) solely and exclusively owned by and/or licensed to TicTuk and (ii) are protected by applicable copyright, trademark and other intellectual property laws and international conventions and treaties. Nothing herein shall be deemed to convey to you an interest in or to any TicTuk's Intellectual Property Rights other than a limited revocable right of use in accordance with these Terms. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of the Site and the Services, you agree not to use the Site, and/or the Services to infringe the intellectual property rights of others in any way. "TicTuk", TicTuk's marks, service marks, trade names and logos ("TicTuk's Trademarks") belong solely to TicTuk, whether or not registered or registerable. All other trademarks, trade names and logos which may appear on the Site, the Chatbot and/or on the Services belong to their respective owners ("Third Party Trademarks"). No right, license or interest to either the TicTuk's Trademarks and/or to the Third Party Trademarks (collectively, the "Trademarks") is granted hereunder, and you will avoid using Trademarks, except as explicitly permitted herein. If user provides any feedback or suggestions to TicTuk ("Feedback"), TicTuk shall have an exclusive, worldwide, royalty free, and irrevocable license to incorporate the Feedback into any TicTuk current or future products, technologies and/or services without user's approval and without any compensation payable to user.
Certain links featured on the Site, the Chatbot or provided through the Services ("Linked Sites") enable users to enter third party websites. The Linked Sites are provided solely as convenience to users and are not under the control of TicTuk and TicTuk makes no representations regarding the content or accuracy of materials on the Linked Sites. User's access to, use of and reliance upon any Linked Sites is at user's sole risk and expense and TicTuk shall not be liable or responsible, directly or indirectly, for any damage or loss caused by user or in connection with your use of any Linked Sites. By using any downloadable application, such as Facebook Messenger, Telegram and Chrome Browser applications, to enable your use of the Services (each an "Applications"), you are explicitly confirming your acceptance of the terms of use and privacy policy associated with the Applications. The term Site, as used herein, shall include the Applications, mutatis mutandis.
The Terms shall remain in effect until terminated as set forth herein. Your failure to comply with any provision of the Terms, your misuse of the Site, the Chatbot and/or the Services shall terminate your right to use the Site, the Chatbot and the Services. In such circumstances, TicTuk may temporarily or permanently, at TicTuk's discretion, limit or terminate your access to the Site, the Chatbot and the Services without notice, in addition to any other remedies that may be available to TicTuk under any applicable law. If you object to any term hereof, as may be amended from time to time, or if you become dissatisfied with the Site and/or the Services, you may terminate the Terms at any time by ceasing your use of the Site and the Services and this will be your sole and exclusive remedy in such circumstances. Upon termination of the Terms for any reason all rights granted to you under these Terms will immediately terminate and you will immediately cease all use of and access to the Site, the Chatbot and the Services. The provisions of these Terms which by their nature survive the termination of these Terms shall survive termination of these Terms. Without limiting the generality of the foregoing, the Disclaimers of Warranties, Limitation of Liability, Intellectual Property Rights and Governing Law will survive the termination of the Terms for any reason whatsoever.
These Terms are personal to you, and you may not assign your rights or obligations hereunder to anyone. TicTuk, however, may assign these Terms without your notice or consent.
These Terms are governed by and construed in accordance with the laws of the State of Israel without giving effect to its conflict of laws rules and you irrevocably submit to the exclusive jurisdiction of the courts in the city of Tel Aviv, Israel.