Terms of Use and Service Agreement - Uniper Club
These Terms of Use ("Terms of Use") constitute an electronic agreement between you (hereinafter: "you", "your" or "the User") and Uniper Care Technologies Ltd. (together with its affiliated companies, hereinafter "the Company", "Uniper", "we" or "our").
Reading these Terms of Use together with the Company's privacy policy is important before starting to use the service provided by us (as defined below). The Terms of Use and privacy policy constitute a binding agreement between you and Uniper and explain your and Uniper's rights and obligations respectively in connection with your use of the service. Your consent to install and use the service constitutes confirmation on your part that you have read and understood the Terms of Use and the Company's privacy policy and that you agree to be bound by them. The privacy policy forms an integral part of these Terms of Use and any reference to the Terms of Use will also include an implied reference to the privacy policy. A link to read both of these documents is located at the bottom (Footer) of the Uniper website: www.uniper.co.il
IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE, PLEASE REFRAIN FROM INSTALLING OR USING THE SERVICE.
1. Introduction
Uniper has developed an innovative system that allows consumers to manage active and healthy social lives, and alleviate loneliness and boredom, all through an interactive technological service ("the Service") offered through a combination of certain equipment and software available on the network or on certain devices, including television, laptop, smartphone or tablet (each a "Device"). The service is personalized and provides access to a rich content library offering a wide range of interactive activities as well as a VOD (video-on-demand) library and additional variety of programs and interactive options (hereinafter together "the Content").
Use of the service constitutes confirmation on your part that you have appropriate legal capacity to enter into these Terms of Use and a binding agreement according to the laws applicable in the relevant jurisdiction in which you are located and that you will use the service only for lawful purposes and in accordance with these Terms of Use. You also agree and confirm that any information you make available to us through or in connection with the use of the service will be complete, accurate and up-to-date at all times.
2. Changes to the Terms of Use
These Terms of Use will be available on the Company's website - www.uniper.co.il or in its application ("the Site" and "the Application", respectively). Updates to these Terms of Use will be published on both the site and the application and will generally enter into effect on the date of publication unless otherwise expressly determined by Uniper. If we make material changes to these Terms of Use, we will notify you as required according to the circumstances (i.e., by posting a notice in a prominent place on the site and application and/or by sending an email notice to the most updated email address in our system). Continued use of the service by you after implementation of changes made to the Terms of Use constitutes acceptance of these changes which will apply to your continued use of the service from that date forward. You are requested to return and review these Terms of Use frequently to stay updated on all obligations and rights available to you regarding your use of the service. If you do not agree to any of the changes made to these Terms of Use, you must stop using the service immediately. However, we would be happy if in such a case you contact the contact person whose details appear in these Terms of Use below, and present your reservations to them.
3. Use of Our Service; Your Account; Equipment Installation
If you are reviewing these Terms of Use, you are an existing user or a potential user interested in using the service. In the latter case, please fill in your contact details on the site or in the application and one of our representatives will contact you to coordinate the installation of the service on the relevant device(s).
Upon registration for the service, you will be asked to provide certain information (name, contact details, and additional information that will be necessary for you to be able to use the service) required to open your account with us ("the Account"). For this purpose, you will need to create a username and password that will grant you access to your account. You agree: (a) to maintain the confidentiality of the password; (b) not to allow others to use the account; (c) not to transfer or assign the account password to a third party; (d) that you alone will be responsible for any action performed in your account and that we will not bear any liability for any loss or damage resulting from unauthorized use of your account or as a result of any other breach of measures designed to protect your account. Immediately when it becomes known to you about unauthorized use and/or breach of your account, you undertake to notify us immediately without delay according to the contact details appearing in these Terms of Use or available on the site or in the application.
At your request, Uniper can help you obtain an appropriate internet connection. However, such internet connection will be provided by a third party not under Uniper's control and therefore Uniper will not bear any liability for any internet failure or for inability to use the service as a result of lack of appropriate internet connection, and any question and/or claim regarding this should be directed directly to the third party providing the internet connection.
As part of the service, Uniper will decide whether it is necessary to provide you with certain equipment required to enable use of the service through your device such as a dedicated player, camera and remote control or any other equipment required to use the service (hereinafter together "the Equipment"). If Uniper has indeed provided you with equipment as specified below, the equipment is and will remain the property of Uniper throughout the period of use and will be returned to Uniper upon completion of use.
You are responsible for using the equipment with the required care and only in accordance with Uniper's instructions detailed in the accompanying documents ("Operating Instructions"). If you encounter problems with the equipment, please call our support center according to the contact details appearing on the site or in the application and do not attempt to repair, change technical settings (except in accordance with the operating instructions) or take any other action with the equipment without obtaining assistance and help from us. Uniper will not be responsible and the manufacturer's warranty for the equipment will not apply in case of negligent or irresponsible use of the equipment or in any other way that is not in accordance with the operating instructions, and in such case the user will be responsible for all expenses and costs involved in repairing and replacing the equipment.
For existing users, Uniper operates a support center and warranty services. Warranty for equipment will be provided according to the manufacturer's warranty, including all limitations applicable to such warranty. If you have any questions regarding warranty for your specific equipment, please do not hesitate to contact our support center according to the contact details appearing on our site or in our application.
4. Payment
In consideration for the Company's services, the customer will pay the payments detailed in the price list (which include VAT as required by law), and subject to the personal specification, the payments detailed in the price list are subject to the license and the provisions of this agreement. A copy of the price list, valid as of the date of signing this agreement, is attached as an appendix to this agreement.
Payments will be made through authorization to charge the customer's bank account ("standing order") or through an instruction to charge the customer's credit card, according to the decision of the Company and the customer.
Subject to legal provisions, the Company is entitled to change the prices listed in the price list and/or add to the price list rates and prices for additional services and/or additional terminal equipment, and the Company is also entitled to index payments according to legal provisions, and it will notify the customer of this by SMS at least 7 days in advance. Subject to legal provisions, the Company is entitled to charge the customer an amount lower than that listed in the price list, under circumstances, for services, and in relation to time periods, as it determines, including in "promotion" programs.
Subject to other provisions of this agreement, with regard to a service for which the consideration is on a monthly basis, in the event that the service is received only during part of the month, the customer will only be charged for a corresponding proportional part of the relevant consideration. And if the customer paid in advance for a service that was stopped or disconnected before the end of the payment period, the Company will return to him the proportional part of the payment in the next billing account after his right to a refund has been clarified, or will offset the amount to which the customer is entitled as stated from payments that the customer owes to the Company.
If the validity of the credit card designated to serve for repayment of payments according to this agreement has expired or been canceled, or if the authorization to charge the customer's bank account has been canceled for repayment of payments according to this agreement, the customer shall provide the Company with notice of this immediately upon becoming aware of it, as well as the details of the alternative means of payment provided it is of the type accepted and practiced in the Company, through which the customer will continue to pay the payments according to this agreement.
5. Service Termination
Upon written request, signed by the customer or through notice to Uniper's service center, a complete termination of the Company's services to the customer will be made. IT IS CLARIFIED THAT THE COMPANY WILL CEASE CHARGING THE CUSTOMER AT THE END OF THE CALENDAR MONTH IN WHICH NOTICE OF SERVICE TERMINATION IS MADE AND ONLY IF THE TERMINAL EQUIPMENT (UNIPER DECODER, REMOTE CONTROL, WEBCAM AND POWER CABLE) IS RETURNED TO THE COMPANY'S WAREHOUSES.
Upon termination of the service for any reason, one of our representatives will contact you to set a date for dismantling and returning the equipment. Immediately upon termination of the service, you must return the equipment to Uniper when it is in good working order, with all its components, subject to reasonable wear and tear as a result of careful use. Uniper will be entitled to take all means to locate and return the equipment to its possession, including preventing unauthorized use of the equipment.
In case of improper use/intentional damage to Uniper decoder, the user customer will be charged a one-time payment of NIS 515.
In certain cases where the user wishes to contract with the Company directly, users can purchase the service on the website or by phone through credit card clearing and/or through third parties. In choosing to pay through third parties, you agree to the terms of use and privacy of those third parties. Prices on the website include VAT, unless otherwise stated. The Company will be entitled to change product prices at any time, and such changes will apply from the day of their publication, or from another date as the Company announces. The method of purchasing products and canceling transactions on the website are subject to the Consumer Protection Law, 1981, the Consumer Protection Regulations (Cancellation of Transaction), 2010, and other relevant legal provisions.
The Company reserves the right to offer users, from time to time, limited-time promotions and limited in the duration of the service offered, as will be published on the Company's website and in advertisements through other channels at its disposal. The Company is entitled to update or stop promotions without prior notice.
6. Restrictions on Use of the Service
The access granted to you to use the service, content and equipment is subject to your compliance with the following restrictions:
Not to copy, modify, create derivative works, download, adapt, reverse engineer, imitate, transfer to another service, translate, compile or decompile or disassemble the service or content, all or part thereof, in any manner whatsoever and not to publicly display, perform, transmit or distribute any of the above without our express prior written consent;
Not to act in any harmful way and/or that could be perceived as harmful to Uniper's reputation and good name or that could cause damage to Uniper or its reputation;
Not to impersonate any person or entity or provide false information in connection with the service, directly or indirectly, or to perform any manipulation in any other way to hide your identity or the source of material or information transmitted by you to Uniper or other users of the service;
Not to upload or transmit to the site or application a virus, computer worm, Trojan horse, time bomb, network bugs, spyware, malware or any other computer code, file or software that could or are intended to cause damage or disable the operation of any hardware, software or telecommunications equipment or any other code or component that actually causes or has potential to cause infiltration, damage or harm;
Not to perform intentional action causing disruption to the service or that could damage the service or Uniper's systems or attempting to probe, scan or test the sensitivities and weaknesses of Uniper and its systems;
Not to sell, license or exploit for commercial purposes any use of or access to any content, except as expressly permitted by Uniper in writing;
Not to remove or modify notices regarding copyrights, watermarks, restrictions and signs regarding Uniper's copyrights or any of our licensors, including copyright signs [©], creative commons signs [cc] or trademarks [® or TM] included in or accompanying the content;
Not to violate, attempt to violate or fail to comply in any other way with the Terms of Use or provisions of any law or requirement applicable to your use of the service.
7. Ownership and Intellectual Property Rights
All rights, ownership rights and interests in the service, content, equipment, site and application, including any material for which copyrights can be registered or any other content subject or that may be subject to intellectual property rights under relevant law, including any artwork, graphics, image, web template, graphic widget, literary works, source code, object code or computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the site, application and content, methods, products, algorithms, data, interactive uses, objects, inventions, trade secrets, domains, trademarks, service marks, trade names, logos and other ownership marks whether registered or not and whether registrable or not (hereinafter together "Intellectual Property Rights") and any derivative thereof, are owned by Uniper or Uniper has been licensed to use them.
Nothing in these Terms of Use grants any right or interest in Uniper's intellectual property rights (or any part thereof) except the limited, non-exclusive right that is non-transferable or assignable to use the service, content, equipment, site and application subject to these Terms of Use for your personal and non-commercial use.
Uniper's equipment, any software included in it and the content are not sold or transferred to you and the Company and its licensors continue to hold ownership of all these after their installation on your device.
8. Third Party Services
To the extent that the service includes or creates interaction with equipment, devices or services provided by a third party ("Third Party Services"), you hereby agree and acknowledge that third party services will be accompanied by their own terms of use and that Uniper does not promote and will not be responsible for any third party services whatsoever and that you will read and comply with the terms of use of such third party services as relevant. Any use of such third party services is at your sole risk and responsibility.
9. Content Contributed by Users
Users are entitled to publish, upload, submit or otherwise contribute content to the service whether by way of article, feedback, opinions, texts, images, voice messages or videos, chats and any other post or information ("User Content"). Publishing user content through or in connection with the service constitutes agreement and acknowledgment on your part that you own all the authorities and rights required (including intellectual property rights) that grant you the right to publish such user content. Furthermore, if you publish user content through or in connection with the service, you will be considered as having granted us an irrevocable, free, sub-licensable, non-exclusive and unlimited time right worldwide, transferable and assignable to do any of the following at our sole discretion: access, download, copy, modify, edit, translate, follow, remove, duplicate, distribute, display, perform and make any other use of and make available to the public the user content and any part thereof during the period of the Terms of Use and at any time thereafter. You will have no right to object or raise any claims against any action performed by us as detailed above.
Without derogating from the above, you will bear sole responsibility for user content published by you through the service, site or application. In addition to all other restrictions detailed in these Terms of Use, you will not be entitled to use the service or upload any user content that violates any third party right including privacy, publicity and/or intellectual property rights; is considered offensive, threatening, harassing, defamatory, pornographic, libelous, vulgar, obscene or to be rejected for racist, ethnic or other reasons; promotes illegal actions or violation of laws; impersonates another person or entity; restricts others from using the service; causes distribution of spam; distributes malicious code; or is considered commercial content without Uniper's express prior written consent.
We reserve our right to review, examine or remove any infringing, illegal, inappropriate or objectionable user content for any reason at our sole and absolute discretion without any prior notice to any user. If you are the owner of any copyrights, or authorized to act for or on behalf of the owner of any copyrights, and you believe in good faith that user content contributed by another user was published in violation of copyright laws, please direct your requests regarding this to: info@unipercare.com
Without derogating from the above, Uniper has no obligation to monitor interaction between users through the service and any such interaction between users (whether by publishing user content or in any other way) will be at your sole discretion and risk.
You agree that if a claim is filed by anyone against Uniper in connection with user content published by you, then, to the extent permitted by applicable law, you will indemnify Uniper and its affiliated entities for all damages, losses and expenses of any kind (including reasonable attorney fees and expenses) caused as a result of that claim.
10. Our Right to Use Feedback and User Content
In consideration for the rights granted to you to use the service, you grant us the right to use user content or any feedback, ideas or suggestions in connection with the service or content ("Feedback") published or otherwise transmitted by you through the service for Uniper's internal business purposes, including in the framework of Uniper's marketing and advertising materials. You understand and agree that such user content and feedback are not confidential and you waive all intellectual property rights and any other right in the user content and feedback to Uniper; that you will not have the right to approve the final product; and that such user content and feedback will remain Uniper's property. You understand, confirm and agree that you will not receive any financial consideration if use is made of your user content or feedback for the purposes described in this section.
11. Term of Terms of Use and Their Termination
These Terms of Use will remain in effect as long as you use the service or any part thereof. Uniper is entitled to terminate the Terms of Use or suspend your access to the service at any time, including in case of actual breach or suspicion of breach or failure to comply with provisions of the Terms of Use by you. You will also be entitled to terminate your use of the service at any time by giving notice of termination which will be delivered to us or to our relevant partner. In case of termination of the Terms of Use by Uniper due to stopping the service for any reason, we will give you advance notice of such termination, as will be reasonable under the circumstances.
For the avoidance of doubt, these Terms of Use will continue to apply as long as you continue to hold the equipment and as long as you have access to the service. All provisions of the Terms of Use that, whether expressly or by their nature, should continue to remain in effect even after stopping your use of the service, will continue to apply even after termination of the engagement (including sections 5, 8, 10, 11, 12, 13, 15 and 16).
12. Disclaimer of Warranty
You understand and agree that except for the specific warranty detailed below, the service, content, equipment and access provided to them through the site or application are provided as is, on an "AS IS" and "AS AVAILABLE" basis and Uniper and its affiliated entities, its officers, employees, advisors, agents, partners and licensors expressly disclaim any warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement and any warranty that the service or content offered to you will meet your requirements or that your use of the service will not be interrupted, will be provided on time, will be secure or error-free is hereby expressly excluded. Any content, third party services and/or material used, downloaded or obtained in any manner through use of the site, application or in any other way in connection with the service is done at your sole discretion and risk, and you will be solely responsible for any damage caused to your devices or for loss of data as a result of installing the equipment on your devices, or as a result of using any content through the service. No advice or information, oral or written, provided to you through the site, application or in any other way in connection with the service will create any warranty unless such warranty is expressly provided in these Terms of Use. This section does not prejudice any statutory remedy available to you as a consumer in the relevant jurisdiction.
13. Limited Liability
To the extent permitted by applicable law, and excluding Uniper's acts of fraud or other restrictions set in relevant law, Uniper and its affiliated entities, officers, directors, shareholders, employees and/or agents disclaim any liability to you for any direct, indirect, incidental or special damages, punitive damages or exemplary damages or any consequential damages, whether under contract, tort law, strict liability, negligence or any other legal theory or under equity principles, including damages arising from: (a) errors, mistakes or inaccuracies in any content; (b) personal injury or property damage in connection with your use of the service; (c) unauthorized access or use of the service and/or any personal information and/or other information stored therein; (d) disruption or interruption in transmission of the service; (e) use or display of any content published, sent by email, transmitted or delivered in any other manner through or in connection with the service; (f) events not within Uniper's reasonable control, including internet failures, equipment failures, power outages, cyber attacks, strikes, labor disputes, protests, uprisings, civil unrest, epidemics, fires, floods, storms, earthquakes, explosions, force majeure, war, acts of terror, government actions, judicial orders, orders of authorities or tribunals or non-performance of obligations by third parties; and/or (g) loss of use, data, profits, reputation or other intangible loss as a result of use or inability to use the service, content, equipment, site or application.
You agree that the sole and exclusive remedy for any problem or dissatisfaction with the service is stopping use of the service.
14. Indemnification
You agree to indemnify Uniper, its affiliated entities, officers, directors, employees and agents against any claim, damage, obligation, loss, liability, cost and expense of any kind (including reasonable attorney fees and expenses) caused as a result of: (1) your breach of these Terms of Use; (2) any user content published or contributed by you; (3) any activity in which you engage within or through the service; and (4) any breach by you of any law or any right of a third party.
15. Disclaimer Regarding Medical Information Accessed Through the Service
Materials of a medical nature provided through or in connection with the service (including medical tools included in the service such as tools designed to remind of the need to take medications for example) are provided for the general knowledge of the user and for convenience purposes only and are not intended for diagnosis, prevention and/or treatment of any disease and the Company does not promote any specific service and/or product and does not guarantee achievement of any results. YOU MUST ALWAYS OBTAIN ADVICE FROM A LICENSED PHYSICIAN BEFORE STARTING ANY TREATMENT PROCESS OR JOINING A TRAINING AND PHYSICAL ACTIVITY PROGRAM. The Company will not bear any liability for the user's use of or reliance on the tools, information or any other material of a medical nature provided through the service.
16. Assignment
These Terms of Use are personal to you and may not be assigned or transferred by you in any manner, except subject to our prior written consent. We will be entitled to assign, transfer or delegate any of our rights and obligations under this document without need for your consent.
17. Jurisdiction/Applicable Law
These Terms of Use will be governed by and construed in accordance with the laws of the State of Israel, excluding choice of law rules. Any claim in which relief is sought under law or under equity principles in connection with or under these Terms of Use will be adjudicated only in the courts of the State of Israel.
18. General Terms
Unless expressly determined otherwise herein or unless agreed in writing between you and us, these Terms of Use (including our privacy policy) constitute the entire agreement between you and Uniper regarding your use of the service, content, equipment, site and application and they replace any prior or simultaneous agreement or communication (oral, written or in electronic media) between you and Uniper regarding use of the service, content, equipment, site and application.
If any provision included in these Terms of Use and/or in the privacy policy is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent required in such a way that the Terms of Use and privacy policy will remain in full force and be enforceable to the extent permitted by law. Uniper's failure to exercise any right granted to it under this document will not be considered a continuing waiver of that right or of any other right available to it under the Terms of Use or under law.
Nothing in these Terms of Use creates agency, partnership, joint venture or employment relationships and neither party is granted authority of any kind to bind the other party in any matter.
Section headings in these Terms of Use serve for convenience only and do not affect their interpretation. Wherever terms such as "including", "for example" or "such as" are used in these Terms of Use, they should be read as if the words "but not only" were written after them, as appropriate.
19. Contact Information and Customer Support
If you have any questions regarding the service or regarding the terms of use instructions or any of them, please call our customer service center, phone: 079-5199699 or contact us via email - support@unipercare.com. Customer support services are available from 09:30 to 18:00 Israel time, on Sunday to Thursday week days, excluding religion and public holidays and holidays eves. We make every effort to ensure fast and efficient customer support service. A response to any question or problem will be provided within a reasonable time and we will do our best to prioritize handling according to the date of inquiry, level of urgency and other relevant criteria.
WE HOPE YOUR ENJOYMENT OF THE USER EXPERIENCE OF THE SERVICE PROVIDED BY US WILL BE COMPLETE AND GOOD!