1. Acceptance; Changes
1.2.These Terms also govern the use of the Pointer’s Products management interfaces, including the Pointer Connect’s management dashboard and web interface (respectively “Dashboards” and “Pointer Connect”), designated to allow Products customers and users to manage their car fleet or assets data, including images and video recorded through their use of Pointer Connect (“Pointer Connect Images”).
1.3. From time to time and at its sole discretion, we may amend, change or replace these Terms, by posting updated versions at the Domain or by notifying you by other means. All such modifications to the Terms shall become effective upon the posting of the revised Terms or by receipt of notification of a change to the Terms. If you do not agree to the new or different Terms, you should not use or access the services offered under the Website.
1.4. In case you are a customer of any of Pointer’s products and services (“Customer”), or if you use the Website under the permission of any such Customer, your use of the Website, shall be also subject to any other commercial agreement between the Customer and Pointer.
2.1. The Website provides you with comprehensive information and resources about Pointer’s products, system, technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”).
2.2. The Website may also allow any Customer or anyone on its behalf to access, view, download and manage such Customer’s car fleet or other assets information collected and processed through the use of Pointer’s products and services. Any such data which is not part of the Website general content and design and is not part of our Proprietary Content as defined hereunder shall be deemed as such Customer’s property (“Customer Content”).
2.3. EXCEPT FOR CONTENT WHICH IS PART OF THE PUBLIC DOMAIN, CUSTOMER CONTENT, OR EXTERNAL CONTENT, ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE IS RESERVED TO POINTER TELOCATIONS LTD. THE COMMERCIAL PRODUCTS MAY VARY. THE CONTENT AVAILABLE ON OUR SITE DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY IN ANY JURISDICTION.
3. User Account
3.2. For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account.
3.3. We might, at our sole discretion, change, annul, and/or otherwise reclaim the username associated with your Account, in the event that we believe that you have violated these Terms of Service with your Account, in the event that we believe that you have violated these Terms of Service.
3.4. DESPITE US MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING YOUR ACCESS TO THE WEBSITE, WE CANNOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING YOUR ACCESS.
4. Use of Website
4.1. YOU ACKNOWLEDGE THAT ANY RIGHTS GRANTED TO YOU HEREIN, ARE NON-EXCLUSIVE, SUCH THAT ANY USE OF THE CONTENT OFFERED TO YOU AND/OR MAKE AVAILABLE TO YOU VIA THE WEBSITE, IS SUBJECT TO THE TERMS HEREIN.
4.2. Legal Age. You are not allowed to make any use of the Website in the event that you are under the age of 16. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the site.
4.3. Compliance. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, national, and international laws and regulations in regard to your use of the Website. For the avoidance of doubt, the ability to access our Website does not necessarily mean that your use thereto is legal under relevant laws, regulations, and directives.
4.4. Additional Guidelines. In addition to the foregoing, using the Website, you will strictly adhere with the Website guidelines published by us from time to time, such that, you should not:
(a) Browse, surf, process, scan or use the Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
(b) Manipulate the URL of the Website, or otherwise gain access to any internal pages to which we did not provide you with a direct link (including, without limitation, URL Hacking); (c) Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware, or any other program that is intended to damage the operation of the Website;
(d) Carry out any action which may infringe the copyrights and/or any other proprietary content of us or any other copyright holder;
(e) Promote advertisements or disruptive commercial messages;
(f) Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer any algorithm, code, syntax, and/or any other content associated with the Website and/or any components thereof and/or act to collect, harvest, and/or data mine any data associated with the Website and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts, etc.;
(g) Handle and/or otherwise use any content offered or displayed on the Website in any manner or way that violates these Terms of Service;
(h) Carry out any action which may infringe any laws, regulations, orders, or any guidelines of any governmental authority that is likely to offend or harm any other users of the Website and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic, or lewd material;
(i) Intimidate, threaten, harass, or abuse anyone in any manner;
(j) Steal or attempt to steal passwords or other private information from other users of the Website;
(k) Distribute, post, or make any other use (or otherwise encourage or solicit the consumption or performance of) any illegal, explicit, inappropriate, racist, offending, defaming, disparaging, and/or abusing content, or any content which deems to infringe any third party proprietary rights (including our rights);
(l) Lease, sell, trade, or otherwise transfer your Account; and,
5. Content and Ownership
5.1. Ownership. All rights, title, and interest in and to the services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names, and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to us (“Proprietary Content”). In the event that the Proprietary Content is licensed to us, then such content might be subject to additional restrictions by its owners.
5.2. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions, and signs indicating proprietary rights of Pointer or its licensors, including copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Website, and you represent and warrant that you will abide by all applicable laws in this respect.
5.3. No Other Rights. It is hereby clarified that these Terms of Service do not grant any right or interest in or to our intellectual property (or any part thereof), including without limitations, any of our Proprietary Content. Nothing in these Terms of Service constitutes an assignment or waiver of any of our property rights under any law.
6. Privacy and Data Protection
6.2. With respect to any Customer Content which might be deemed as Personal Data or Personally Identifiable Information or any other relevant such term under any applicable privacy law (“Personal Data”), the Customer shall be solely responsible to: (i) obtain and maintain any and all authorizations, consents, permissions, and informed consents, as may be necessary under applicable laws and regulations, in order to allow the lawful collection, handling, retaining, processing, and use the processed data within the scope of Pointer’s services; (ii) substantiate the legal basis and legitimize, pursuant to applicable law, any and all Personal Data transferred through the Services; (iii) properly publish and abide by an appropriate disclosures to such Customer’s Users and drivers that complies with all applicable privacy protection law.
6.3. DESPITE US MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USER’S ACCESS TO THE WEBSITE, WE CANNOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS. YOU ARE HIGHLY ENCOURAGED TO MAINTAIN THE REQUISITE PROTECTION FOR YOUR MACHINE, SUCH AS MAINTANING AN UP-TO-DATE ANTIVIRUS AND/OR ANY ANTIMALWARE OR PHISHING SOFTWARE.
7. Limited Warranties
7.1. THE WEBTHE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
7.2. WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE, OR AVAILABILE; INCLUDING WITHOUT LIMITATIONS, IN CONNECTION WITH ANY ERRORS, BUGS, VIRUSES, TROJAN HORSES, AND/OR ANY OTHER FORM OF MALWARE, SERVER RUNTIME AND/OR DOWNTIME (INCLUDING ANY INTERRUPTION OR CESSATION OF ANY DATA RECEIVED AND/OR OTHERWISE TRANSMITTED WITHIN THE SCOPE OF THE USE OF THE WEBSITE), SERVER SECURITY MEASURES, CONTENT UPLOADED BY OTHER USERS AND/OR YOURSELF (INCLUDING ANY PERSONAL, FINANCIAL, AND/OR ANY OTHER INFORMATION) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, OR IN CONNECTION WITH ANY USERS’ (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS WEBSITE, OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY, OR OTHERWISE. NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION OF LIABILITY PRESCRIBED UNDER THESE TERMS.
8. Limitation of Liability
8.1. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, MONETARY, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS WEBSITE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS WEBSITE), (II) ACTION OR INACTION IN CONNECTION WITH THESE TERMS, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS WEBSITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON, (IV) THE ABSENCE OF ANY DISCLOSURE CONSENT OR PERMISSION REQUIRED FOR THE COLLECTION OR USE OF ANY CUSTOMER CONTENT; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
8.2. WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS, AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER’S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE WEBSITE.
YOU SHALL INDEMNIFY US, INCLUDING OUR DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AND/OR ANY AFFILIATES (COLLECTIVELY: THE “INDEMNITEES”), FOR CLAIMS, SUITS, LOSSES, AND/OR DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO, OR RELIANCE ON THE WEBSITE OR THE CONTENT OR FROM ANY THIRD PARTY CLAIMS OR COMPLAINTS ARISING FROM, OR IN CONNECTION WITH, YOUR FAILURE TO ACT IN ACCORDANCE WITH THESE TERMS, UPON THE INDEMNITEES’ FIRST DEMAND.
10. Governing Law; Class Action Waiver
10.1. Subject to any applicable law, all disputes between you and us shall only be resolved on an individual basis and you shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated, or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
10.2. These Terms of Service and/or any other manner pertaining to your use of the Website shall be governed and construed in accordance with the laws of the State of Israel, and the competent courts of Tel-Aviv, Israel shall have sole and exclusive jurisdiction over any matter arising thereof. Both parties acknowledge the said forum as an adequate and appropriate forum which shall not cause any undue hardship on any of the parties.
12.1. You may terminate your use of the Website at any time, by deleting your Account and (if applicable) by ceasing to browse the Website (in the event that you have no active Account). However, in case you are a Customer or acting on any Customer’s behalf, such termination shall be subject to any other commercial agreement between Pointer and the Customer, and the termination provisions thereto.
12.2. We may, at any time, terminate our relations with you by providing you with a notice to the contact information provided by you when setting up the Account. Grounds for termination may be, but are not limited to, any breach by you of these Terms of Service, and or your lack of acknowledgment (to the extent required) of any amendment thereto.
12.3. HOWEVER, THE TERMS OF SERVICE IN EFFECT ON THE DATE OF SUCH TERMINATION SHALL CONTINUE TO BE IN FORCE IN CONNECTION WITH YOUR USE OF THE WEBSITE UNTIL THE DATE OF SUCH TERMINATION (AND THE TERMS OF SECTIONS 5, 7 THROUGH 9 (INCLUSIVE)), AND SECTION 10 SHALL SURVIVE ANY TERMINATION, REGARDLESS OF REASON AND IDENTITY OF THE TERMINATING PARTY.
13. Contacting Us
If you have cause to believe any content found in the Website (including such content provided by other users) to be in violation of these Terms and/or infringe any 3rd party proprietary rights and/or applicable law, kindly notify us of such content via email to email@example.com, stating the violating content and the nature of violation.
If you have cause to believe any content found in the Website (including such content provided by other users) to be in violation of these Terms and/or infringe any third party proprietary rights and/or applicable law, kindly notify us of such content via email to firstname.lastname@example.org, stating the violating content and the nature of violation.