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HAMITUGIYA TERMS OF USE

Last Revised: 17.8.20

These Terms of Use, together with any other agreements or terms incorporated by reference, including Hamitugiya’s Privacy Policy (available at: https://www.the-weisses.com/privacy-policy/ ) (the “Terms“) are a binding agreement between A. A. Hamitugiya Ltd, a incorporated under the laws of Israel, with a registered office at 11 Amrami st. Kfar Saba, Israel (the “Company,” “us” “our” or “we“) and you (the “User,” “you” “your“), the person who uses the Services (as defined below). By accepting these Terms electronically by clicking a box indicating your acceptance, or by using the Services, you agree to these Terms.

1. DEFINITIONS
   1. “Account” means an online account registered by you for the purpose of using the Services.
   1. ““Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
   1. “Online Course” means the video lectures provided by the Company, whether provided through live video conferences, or by access to recorded lectures.
   1. “Services” means any products, materials, documentation, and videos made available by the Company, including the Online Course and the Company’s responds to questions asked by its Users, by any mean.
   1. “User Data” means data relating to your use of the Services, including but not limited to information related to:
      1. your contact and payment information, including email addresses and credit card or other payment remittance information;
      1. information obtained by or provided through the Services;
      1. settings, preferences chosen, and resource usage; and
      1. free text submitted by you.
   1. “Website” means https://www.the-weisses.com/, as well as any other websites that the Company owns and that link to these Terms.

• THE SERVICES
  • Access to the Services. You may access and use the Services solely for legitimate purposes. We may update the Services from time to time, including adding or removing functions and lectures.
  • Service Providers. We may use third-parties in the operation of our Services or to perform any of our obligations (each a “Service Provider“), including using Service Providers that provide us video conferencing platforms, cloud infrastructure and hosting services. In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share User Data and/or content with such Service Provider. Our agreements with Service Providers are in line with the Company’s Privacy Policy, and outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.

• REGISTRATION AND USER ACCOUNT
  • Establishing an Account. If you wish to use our paid Services, you must register and establish an Account with the Company. You must provide us accurate and complete information in order to create an Account. You agree to keep your Account information up to date and accurate. Upon opening an Account with us, we may send you massages and notifications in relation to your Account and your use of the Services.
  • SNS Account. You may register an Account by logging into your Account with certain third-party accounts, such as with Google (a “Third-Party Account“). By registering an Account through a Third Party Account, You represent that you are entitled to disclose your Third-Party Account login information to Hamitugiya and/or grant Hamitugiya access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account.
  • Account Information. In order to use, access, or take part in many of our Services, including the Online Course, you must select a unique user password. You agree that you will never divulge or share access to your password to the Account with any third party for any reason.
  • You are solely and fully responsible for maintaining the confidentiality of the Account usernames and passwords. You are solely and fully responsible for all activities that occur under the Account.
  • You must notify us immediately of any unauthorized use of your Account or any other breach of security.
  • Deletion of Account. You may delete your Account at any time, provided that we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements.

• GENERAL INFORMATION ABOUT THE ONLINE COURSE
  • General. The Online Course consists of multiple sessions, the number of which can be changed upon our discretion. The lectures are in Hebrew, with English subtitles. While during the Online Course we provide you with methods and practices we recommend on, based on our experience, the implementation of the material learned is up to your responsibility.
  • Target Audience. This course and our method are specifically tailored for estheticians who perform facials or have learned/are licensed to perform facials, even if they don’t practice them at the moment. If you are a business owner in the beauty industry, but not in facial treatments or skincare, you are welcome to sign up and get inspired, but please take under consideration that the Online Course, nor some of the Services, are not tailored especially for your needs. 
  • Personal Registration. The registration to the Online Course is personal. You are not allowed to download or share the sessions of the Online Course with any third party.
  • Relevant Date. The content provided in the Services is updated to the date it was uploaded by the Company.

• USE OBLIGATIONS AND RESTRICTIONS
  • Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data protection and privacy, intellectual property rights and export control; and (ii) pay the fees for the Services, if applicable, when due.
  • Restrictions. You shall not (and shall not permit or encourage any third party to) do any of the following: (a)reproduce, mirror, or frame the Service; (b) sell, assign, lease, lend, rent, distribute, or make available the Service to any third party, or otherwise offer or use the Service in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Service; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Service; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Service; (f) make a derivative work of the Service, or use the Service to develop any service or product that is the same as (or substantially similar to or competitive with) the Service; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Service; (i) take any action that imposes or may impose (at Hamitugiya’s sole discretion) an unreasonable or disproportionately large load on the Service infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Service; (j) use the Service to infringe, misappropriate or violate any third party’s Intellectual Property Rights, or any Law; (k) use the Service or any part thereof, in any fraudulent or unlawful manner, or in breach of these Terms.
  • User Responsibility. When using the Services, you must act responsibly and exercise good judgment. This means, among other things, that any content uploaded/written/submitted by you may not: (i) violate these Terms, or any applicable law or regulation; (ii) infringe the rights of any third party, including but not limited to, intellectual property, privacy, publicity or contractual rights; (iii) except as expressly permitted herein, use the Service for any commercial purpose whatsoever; (iv) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your association with any person or entity, whether by providing or omitting to provide information; (v) interfere or damage the Service by, inter alia, the use of viruses, cancel bots, Trojan horses, harmful codes, flood pings, denial-of-service attacks or similar methods or technologies; or (vi) contain Abusive Content (as defined below). You understand and agree that the Company may (but is not obligated to) review and remove or block any Abusive Content of any kind.

“Abusive Content“, for the purpose of these Terms, refers to any content, which: (i) is defamatory; (ii) contains nudity or sexually explicit content; (iii) disparages any ethnic, racial, sexual or religious group by stereotypical portrayal or otherwise; (iv) makes use of offensive language or images or which violates the rights of, harms, or threatens the safety of third parties or other users of the Service.

• LECTURES RECORDINGS
  • You may be invited to participate in a “live” lecture of the Company, via a video conferencing service. Such “live lectures can be provided for free or fee-based, subject to the Company’s discretion. By participating in such “live” lecture, you are aware that the name you provided to the third party video conference service will be shown during the lecture, and you agree that this lecture can be recorded by the Company for further use. To the extent that you choose to open your camera and audio during the lecture, you may appear in certain videos or your voice may be included in audio recorded during the lecture (“Session Recordings”). You can choose, at any time during the “live” lecture, to close your camera and audio, and such change will be effective prospectively. You hereby permit and give the Company an irrevocable, transferrable, assignable, worldwide, perpetual right to use the Session Recordings and any extracts thereof, including your voice and video, in its sole discretion, for internal, commercial or marketing or for any other purpose, including without limitation: (i) displaying the Session Recordings and any extracts thereof on, but not limited to, the Website; (ii) using the Session Recordings and any extracts thereof in marketing materials and/or advertisements, including but not limited to marketing and advertising through social media networks; (iv) making the Session Recordings and any extracts thereof available to others; (iii) creating derivative works of the Session Recordings; and/ or (iv) use Session Recordings to improve the Service.

• CHARGES
  • Using the Services. After you will register to the Services through the Website or through any other way provided by us, you will be charged for your use of the Services, in accordance with the pricing scheme made available to you on the Website, from time to time. The charges for such Services, and any terms and conditions applicable thereto will be detailed in the applicable online description of such Services. We have the discretion to offer, to all or some of our Users, discounts from time to time, including offering some or all of our Services for free (“Special Offers“). Such Special Offers can only be applied after we suggest you the Special Offer and after it is accepted by us, and cannot be retroactively applied. If we offer you our Services for free, we can ask you to pay for it at any time. Also, some of the Services can be granted to you for bonus points that you earn throughout your use of the Services, subject to the bonus points table which can be updated from time to time, and that can be found here https://www.the-weisses.com/bonus-points/ .
  • Payment Policy. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You confirm that you are permitted to use the payment method you chose and you authorize us and our designated payment processor to charge the full amount due for the applicable Services to the payment method you designate for the purchase. You will pay any applicable taxes relating to any such purchases, transactions or other monetary transaction interactions. Subject to Section 7.3, all purchases are final and no refunds or credits will be provided.
  • Cancellation and Refunds. If you terminate your account with the Company, you shall not be entitled to a refund of any fees paid by you in connection with your Account, unless otherwise required by applicable laws. However, if you feel that there are special circumstances, please contact us though the details below, and we will consider your request, subject to our sole discretion.

• DATA AND PRIVACY

We will use any personal information that we may collect or obtain in connection with the Website and the Services in accordance with our Privacy Policy, which is available at https://www.the-weisses.com/privacy-policy/ .

• INTELLECTUAL PROPERTY RIGHTS
  • Retention of Rights. All rights not expressly granted to you under these Terms are reserved by the Company. We reserve all rights, title and interest to the Services and the Website, including the Online Course, and any of their related intellectual property rights. Nothing in the Terms constitutes a waiver of the Company’s intellectual property rights under any law.
  • Feedback. To the extent you provide us any feedback, comments or suggestions (“Feedback“), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.

1. INDEMNIFICATION

If any third party (including, but not limited to, a regulatory or governmental authority) brings any kind of demand, claim, suit, action or proceeding against Hamitugiya, Hamitugiya’s affiliate, and/or any of our respective directors, officers, employees, or representatives (each, an “Indemnitee”), and it is based upon or arises from:

• (a)   your use of the Service; and/or
• (b)   your breach of any provision of these Terms

(each of the foregoing, an “Indemnity Claim”) then, upon written request by Hamitugiya (to be decided in our sole discretion), you agree to assume full control of the defense and settlement of the Indemnity Claim; provided, however, that (i) Hamitugiya reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Indemnity Claim, and in such cases you agree to reasonably cooperate with Hamitugiya’s defense activities at your own cost and expense; and (ii) you shall not settle any Indemnity Claim, or admit to any liability thereunder, without the express prior written consent of the Indemnitee(s).

1. DISCLAIMERS OF WARRANTIES
   1. THE SERVICES ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND HAMITUGIYA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS.
   1. THE COMPANY DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION:
2. (A)     REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SERVICE, INCLUDING THE ONLINE COURSE;
3. (B)     THAT YOUR USE OF, OR RELIANCE UPON, THE SERVICE, INCLUDING THE ONLINE COURSE, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
4. (C)     THAT THE SERVICE, DOCUMENTATION, OR SUCH CONTENT WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED; OR
5. (D)     REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.

1. LIMITATION OF LIABILITY
   1. IN NO EVENT SHALL THE COMPANY, ANY OF ITS DIRECTORS, AGENTS, SHAREHOLDERS, AFFILIATES, OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, FOR:
2. (A)            ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
3. (B)            ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
4. (C)            EMOTIONAL DISTRESS OR ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
5. (D)            THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
   1. THE COMBINED AGGREGATE LIABILITY OF THE COMPANY AND ALL THE COMPANY’s AFFILIATES UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) TWENTY U.S. DOLLARS (US $20), AND (B) THE AMOUNTS ACTUALLY PAID BY YOU (IF ANY) TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO LIABILITY.
   1. 12.3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

1. TERM AND TERMINATION
   1. Term. These Terms commence on the date you first accept them and will remain in effect until these Terms are terminated.
   1. Termination. You may stop using the Services at any time and you may delete your Account. We may suspend or terminate your access to the Services at any time at our sole discretion and without notice if you do not comply with these Terms. Upon termination of the Services to You, the Account will be terminated, and from the date of termination you will no longer be able to access your Account.
   1. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

1. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the state of Israel excluding rules as to choice and conflicts of law and the eligible courts in Tel Aviv, Israel, shall have exclusive jurisdiction over all disputes between the parties related to these Terms; however, Hamitugiya may bring suit for payment in the country where your entity is located. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to these Terms and are hereby disclaimed.

1. GENERAL
   1. Third Party Content. Under no circumstances whatsoever will Hamitugiya be liable in any way for any third party content, including, without limitation, for any errors or omissions in any third party content, or for any infringement of third party’s right, loss or damage of any kind incurred as a result of the use or display or performance of any third party content transmitted, displayed or otherwise made available through the Website or Services. Furthermore, third party content shall be subject to the terms of use of such third party provider and your use of their service you agree to and approve, and subject yourself to the terms of use of such third party content provider.
   1. Changes to Terms. Hamitugiya may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website. You are responsible for checking the Website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
   1. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
   1. Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
   1. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Hamitugiya.
   1. Entire Agreement. These Terms contain the entire agreement between Hamitugiya and you relating to your use of the Services and supersedes any and all prior agreements between Hamitugiya and you in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Hamitugiya in these Terms.
   1. Assignment. You may not assign your rights or delegate your obligations under these Terms without Hamitugiya’s prior written consent. Any purported assignment contrary to this section will be null and void and without effect. Hamitugiya may assign its obligations under these Terms without your consent and without notice or obligation to you.
   1. No Third-Party Rights. There are no third-party beneficiaries to these Terms.
   1. Force Majeure. Hamitugiya shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Hamitugiya’s reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Service shall not be deemed within Hamitugiya’s reasonable control.
   1. Communication. You agree that Hamitugiya may send you notices by email, via your account, by regular mail, and/or via postings on or through Service. Except as stated otherwise in these Terms or required by Law applicable to you, you agree to send all notices to Hamitugiya via https://www.the-weisses.com/contact_us/.