Babamobile Website Terms and Conditions

Last updated: August 2016

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “User” "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to Babanetwork Ltd. Which is the owner and operator of this website. “Party”, “Parties”, or “Us”, refers to both the user and ourselves, or either the user or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers. Preceding the later, In face of specific offences for unauthorised actions against our computer systems and data, we will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. For additional information regarding our privacy policy and your personal information, please refer to our website privacy policy here to further review our procedures regarding the collection, use and disclosure of information concerning our users.

By using this Site or any of our Services you are accepting all the terms of our Privacy Policy. Please review it carefully to understand our practices.

Confidentiality

We are committed to government regulations, industry standards and to Data Protection Acts, and as such, any information concerning the Client and their respective personal information may be passed to third parties under certain circumstances. However, users’ information and records are regarded as confidential and therefore will not be divulged to any third party, unless it is legally required to do so to the appropriate authorities.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Babanetwork will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, Babanetwork Ltd. (this Company):

  1. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  2. Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law.

Availability

This website as defined below i.e. www.babamobile.com, is made available to you by Babanetwork Ltd ("The Company"). Your access to and use of this site is strictly subject to these Terms and Conditions of use. By accessing this site, the user ("YOU") agrees to be unconditionally bound by these Terms and Conditions of use. Babanetwork Ltd may, at any time and at its sole discretion, modify this Site or these Terms and Conditions of Use, including, without limitation, the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Conditions periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to these Terms and Conditions or to any modification thereof, you must immediately stop using this Site. This agreement constitutes your agreement with Babanetwork Ltd. with respect to your use of any services and information provided by the website. You must agree to abide by all of the terms and conditions contained in this agreement in order to become or to remain an authorized user of our service and this Site. As used in this agreement, the terms: "the company", "we", and "us", refers to "Babanetwork" Ltd. or any successor or assignee of Babanetwork Ltd.

Please read the following terms and conditions carefully, as they form the agreement between Babanetwork Ltd. and you (the user). If you do not agree to these terms and conditions, you may not use our site and services and any related information thereof. By accessing the Site you are agreeing to be bound by this agreement, including all its amendments, as may be updated by Babanetwork from time to time, without any prior notice.

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, information and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Babanetwork will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Right to use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. Note that we may impose the aforementioned limitation on our Services provided to you, even if we previously provided you any of our Services and that you hereby wave any and all claims and causes of action against us in connections of such limitations inflicted upon you.

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No warranties

You understand and agree that: The Site/service is made available on an "as is" basis and any use of this Site or any our Services are at your own risk, to the fullest extent permitted by law. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any software, programs, advice, opinion, statement or other information displayed, uploaded or distributed through the Service, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, download, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this Terms and Conditions, will constitute a binding acceptance by you of this Terms and Conditions, or any subsequent modifications may be from tome to time, at our sole discretion.

You further understand and agree to wave any and all claims and causes of action against Babanetwork Ltd. in connection with any loss of damage you may suffer as a result of the use or the inability to use the Service and/or the Site.

Legal use of the service

It will be your sole responsibility to use this Service in a legal manner, respecting all laws, including copyright infringement laws and any other law applicable to your use of the Service (with relation to permitted personal/residential use only). We declines all responsibility related to your use of the services/information provided. You agree and acknowledge that you shall not acquire any rights by downloading content from our Site or using any or our Services, and that the license granted to you as set forth in these Terms and Conditions does not transfer or grant you any rights whatsoever with respect to such content other than the right our Services under the provisions of these Terms and Conditions of Use. Additionally you agree that non of the provisions herein shall constitute a waiver with respect to any rights of Babanetwork, its subsidiaries, assignees, DBA brands and its licensors (if any). You may not re-distribute, sublicense or otherwise transfer any right or license in the Retained Content, or use the Retained Content in any manner other than as set forth above or as otherwise stated on the Site at the time you received the Retained Content. Any additional usage rules set forth on the Site shall become part of, and are incorporated into, these Terms and Conditions of Use.

Availability

The Service referred to on this Site is subject to the availability of such a service by Babanetwork Ltd. Furthermore, the availability is subject to changes to be made by Babanetwork Ltd., in its sole discretion, at any time without providing you with any notice, and may be subject to change without notice.

Changes to Service and Website

Babanetwork may make changes to the Service, at any time, and from time to time, without prior notice. Babanetwork reserves the right to suspend or cancel the Service without prior notice, on its sole discretion. Babanetwork also reserves the right to suspend or cancel the Service or certain aspects thereof without prior notice.

Your Obligations

In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) post excessive responses to interactive features or functions of this Site; or (f) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of e mail repeatedly to the same e-mail address).

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libellous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

You will not use this Site: (a) for any illegal purpose, in violation of any applicable laws or regulations; (b) to publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) to electronically stalk or otherwise electronically harass another; or (d) to engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities interfere with this Site or the network and systems of Babanetwork or one of its service providers, you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running an unreasonable number of hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site; (f) use this Site to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site or of another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

You agree that you will not (i) attempt and will not assist or encourage anyone else to alter or change the publications and information related to the Service, or (ii) use the Service or content available on our Site for any commercial purpose other then those specified herein.

If you violate these Terms and Conditions, including your obligations pursuant to this section entitled "Your Obligations", Babanetwork Ltd. may, in its sole discretion, pursue any other available rights or remedies at law or in equity for a violation of these Terms and Conditions or its rights under law.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s (i.e. Babanetwork Ltd.) services and the full content of this website.

The “Babanetwork” and "Babamobile" logo, in addition to the brand names and specific services of the Company featured on this web site are trademarks of Babanetwork Ltd.

Some logos which are featured in this website may belong to our partners and/or service providers and pose their own intellectual property. According to copyright laws, Babanetwork does not assume or intent to claim and/or attribute any ownership whatsoever over its partner’s intellectual property and subsequently you may not use any logos or proprietary information in this website, either of Babanetwork or its partner without Babanetwork’s (or its partners’) consent.

Communication

By reaching out and/or addressing to Babanetwork Ltd., either by the contact form in this site or by other means including email, you consent to receive electronic communications from Babanetwork in reply to your inquiries and from time to time. Babanetwork will not disclose your email information to any 3rd party, unless you gave your consent and it is required and/or derived during the course of the mutual correspondence between you and the company, in order to attend and or/resolve your inquiry to Babanetwork. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by Babanetwork in writing is satisfied by such electronic communication.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

General

The laws of the state of Israel govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the courts of Tel-Aviv in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

For different queries you may contact us on contact@babanetwork.net or via our contact page in this website.

Babanetwork Ltd. is registered in Israel, Number 514953926, registered office 5th HaHilazon street, Ramat Gan, Israel 5252269.

These terms and conditions form part of the Agreement between the you and Babanetwork. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© Babanetwork Ltd. 2016 All Rights Reserved