Terms of Use

Last Revised: August 17, 2015

Engie Motors Ltd. (“Engie“, “we“, “our“, or “us”) welcomes you (the “User(s)”, or “you”) to our website at engieapp.com (the “Site”) and to our vehicle diagnostic platform via our mobile application (the “App”) (collectively, the “Service”, as further detailed below).

Users may use the Service (or any part thereof) only in accordance with the terms and conditions hereunder.

Acceptance of the Terms

By entering, connecting to, accessing or using the Service, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at (collectively, the “Terms“) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Engie and you.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICE IN ANY MANNER.

By acceptance of the Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.

The Service

The Service enables its Users to obtain ongoing and real time vehicle diagnostic services, which identify issues that may exist in the User’s vehicle. The Service may further provide Users with price appraisals of nearby mechanics for any detected issue with the User’s vehicle. The Service operates through use of an OBD Dongle (“Dongle”) (that must be purchased separately by the User), which is connected to the User’s vehicle computer port and thereafter transmits data directly to the App. The vehicle diagnosis will start automatically once the Dongle is connected and the App is running.

PLEASE NOTE:  YOU ACKNOWLEDGE AND AGREE THAT ENGIE ACTS ONLY AS A SERVICE. ENGIE IS NOT INVOLVED DIRECTLY OR INDIRECTLY IN ANY WAY OR MANNER IN ANY ACTUAL TRANSACTION BETWEEN USERS AND MECHANICS. FURTHERMORE, ENGIE DOES NOT PROVIDE NOR IS RESPONSIBLE FOR QUALITY OF THE USER-PURCHASED DONGLE. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, THE SERVICE MAY NOT BE AVAILABLE ON ALL MAKES AND MODELS OF USER VEHICLES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. ENGIE SHALL NOT BE RESPONSIBLE FOR THE NATURE OF OR THE QUALITY OF THE PRODUCTS OR SERVICES PROVIDED BY MECHANICS. ENGIE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES THAT ARISE FROM YOUR USE OF THE SERVICE.

Registration and User Account

In order to use the Service, you need to register and open a User account (the “Account“). Registration may be completed by providing your email address. During the registration process you may be asked to choose a username and password for your account.  To learn more about the type of information collected by use when you register to the Service, please visit our Privacy Policy at: http://engieappcom.wpengine.com/privacy/

You must provide accurate and complete information when creating an Account and you agree to not misrepresent your person information or your Account information and keep your Account information accurate and up to date. You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of Engie.

If you provide a username and password, you are solely and fully responsible for maintaining the confidentiality of the login credentials of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password you may request to have a new password sent to your registered email address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if you or anyone else using your Account violates these Terms.

You must notify us immediately of any unauthorized use of you Account or any breach of security. We shall not be liable for any loss or damages arising from any failure on your part to comply with the Terms or from any unauthorized used of your Account. You may be liable for losses of Engie and/or other due to any such use.

If you wish modify your Account information or terminate your Account, you may do so by contacting us at: Support@engie.co.il Your Account will terminate within a reasonable timeframe following your request, and from that date of termination you will no longer be able to access your Account, and without derogating from any right or claim available to Engie, any and all permissions, rights, and licenses granted to you under these Terms shall instantly be terminated and revoked.

PLEASE NOTE: TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. ENGIE SHALL NOT BE LIABLE FOR ANY SUCH UNAVAILABILITY AND/OR LOSS.

User Representations and Undertakings

Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that: (i) you possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information available therein; (ii) you will not rely on Engie or the Service in any way, as you fully understand that we do not provide any professional advice, nor do we provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any service, information or content that may be available to you on or in connection with the Service; (iii) you will obtain appropriate professional advice to protect your interests before engaging in any matter in which you may benefit from such advice. You acknowledge that there is no professional relationship between you and Engie, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service; (iv) you acknowledge that there are risks in using the Service and/or relying solely on information available on or through the Service (or ignoring such information completely), and that Engie cannot and does not guarantee any specific outcomes from such use and/or reliance or ignorance, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use, reliance and/or ignorance; (v) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder; (vi) if you connect to, access or use the Service on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf; (vii) you possess any and all consents required under any applicable laws, regarding the posting of any personal information of others to the Service, and shall adhere to any applicable laws regarding such information; (viii) the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (ix) you acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Service; and (x) you will not infringe or violate any of the Terms.

Use Restrictions

There are certain conducts, which are strictly prohibited on and/or with respect to the Service. Your failure to comply with the provisions set forth below may result (at Engie’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof); (ii) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the content of our Service, including any User Generated Content (as defined below) and any other information, material and data available on the Service (collectively, the “Content”), in any way or publicly display, perform, or distribute them without Engie’s prior written consent; (iii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Engie’s prior written consent; (iv) create a browser or border environment around Engie’s Content  (no frames or inline linking); (v) interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (vi) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vii) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (ix) sell, license, or exploit for any commercial purposes any use of or access to the Content of the Service; (x) frame or mirror any part of this Site without Engie’s prior express written authorization; (xi) create a database by systematically downloading and storing all or any of the Content from the Service; (xii) forward any data generated from the Service without the prior written consent of Engie; or (xiii) to transfer and/or assign the User’s account’s password, even temporary, for third party; (xiv) use the Service for any illegal, immoral or unauthorized purpose; or (xv) use the Service, the and/or the Content for non-personal or commercial purposes without Engie’s express prior written consent.

User-Generated Content

The Service allows you to upload, post, publish and make available your own copyrightable materials such as written materials, texts, images, photos, videos, strips and any other communications and proprietary materials (the “User Generated Content”). Please ensure that when you use the Service, you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Service. Engie will not bear any liability for any loss, damage, cost or expense that you that you may suffer or incur as a result of or in connection with uploading any User Generated Content.

As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the User Generated Content is non-confidential.

You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Service, in any way. You hereby warrant that your User Generated Content is true, current, accurate and complete.

You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.

You expressly agree that the User Generated Content that you post or upload will not include (i) content or information that is confidential or that is not in the public domain; (ii) any spam, unsolicited promotions, advertising, contests or raffles; (iii) content which is, inter alia, unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iv) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (v) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or (vi) content that poses a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Generated Content do not constitute an exhaustive list.

Although Engie has no obligation to screen, edit or monitor any of the User Generated Content, Engie explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Service at your sole expense.

When you upload, post, publish or make available any User Generated Content on the Service, You grant to (i) Engie an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Service and/or Network, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) unless you otherwise restrict through your Account on the Network, each User of the Service a non-exclusive and royalty-free license to access your User Generated Content through the Service and to use such User Generated Content for personal and non-commercial purposes. Engie may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. Engie shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.

Privacy Policy

Engie respects your privacy and is committed to protect the information you share with it. Our policy and practices and the type of information collected are described in our Privacy Policy available at http://engieappcom.wpengine.com/privacy/ . If you intend to connect to, access or use our Services you must first read and agree to the Privacy Policy.

Intellectual Property Rights

The Service, the User Generated Content, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Engie’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Engie, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Engie’s proprietary rights, including Engie’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

Engie hereby grants you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable, fully revocable, limited license to use the App, Site, and Content, solely for the limited purpose of using the Service for your personal, non-commercial needs in accordance with the Terms.

All logos and other proprietary identifiers used by Engie in connection with the Service, (“Engie Trademarks”) are all trademarks and/or trade names of Engie, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Engie Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Engie Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Engie and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Engie marks and logos, whether registered or not.

Minors

You may use the Service if you are at least eighteen (18) years old. You represent that you are at least eighteen (18) years of age and if you are under the age of eighteen (18), you may only use the Service under the supervision of a parent or legal guardian who has agreed to any agreement you enter into while using the Service, including these Terms. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Service by your parent or legal guardian, so that we can verify that only eligible Users are using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, and we have not received your parent’s or legal guardian’s consent, we reserve the right to prohibit and block such User from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy at http://engieappcom.wpengine.com/privacy/ with respect to such User.

Third Party Services

The Service may be linked to through certain third party websites and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from the Service. You hereby acknowledge that Engie has no control over such Third Party Services, and further acknowledge and agree that Engie is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.

You further acknowledge and agree that Engie shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third Party Services. Most Third Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third Party Services.

 

Third Party Components

The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and Engie disclaims all liability related thereto. You acknowledge that Engie is not the author, owner or licensor of any Third Party Components, and that Engie makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

Usage Rules

Since you may download the App from a third party platform, service provider or distributor (e.g. App Store), (”Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Please note that in such case, Usage Rules may apply and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules. The terms of the Usage Rules may prevail over any other Terms. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

You acknowledge and agree that Platform Provider has no responsibility for the App or content thereof, nor does it have any obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of an App downloaded from Apple Inc.’s AppStore to conform to any applicable warranty, you may notify Apple Inc., and Apple Inc. will refund the purchase price, if any, for the App to you ; to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Engie as provider of the App. You acknowledge that Platform Provider is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Engie as provider of the App. You acknowledge and agree that if you downloaded the App from Apple Inc.’s AppStore, Apple Inc., and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Availability

The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Engie’s service providers and contractors. Engie does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.

Changes to the Service

Engie reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Engie shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or the Content included in the Service.

Disclaimer and Warranties

ENGIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICE AND/OR THE DONGLE.

THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

ENGIE AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “ENGIE AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE.

ENGIE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. ENGIE MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL ENGIE AND/OR ANY OF THE ENGIE AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF MCS TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF MCS OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR ENGIE’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF ENGIE AND/OR ANY ENGIE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL ENGIE’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO ENGIE FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO ENGIE FOR THE USE OF THE SERVICE, THEN ENGIE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

Indemnification

You agree to defend, indemnify and hold harmless Engie and any Engie Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Service (or any part thereof); (ii) breach of any term of these Terms by you or anyone using your Account; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use  of (or inability to use) the Service; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Network; and (v) your violation of any applicable law or regulation.

Amendments to the Terms

Engie may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy at: http://engieappcom.wpengine.com/privacy/ Substantial changes of these Terms will be first notified on the Service and/or by sending you an e-mail regarding such changes to the email address that is registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Service after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

Termination of the Service

At any time, Engie may block your access to our Services and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Engie under any applicable law. Such actions by Engie may be taken if Engie deems that you have breached any of these Terms in any manner.

Additionally, Engie may at any times, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Engie does not assume any responsibility with respect to, or in connection with the termination of our Services operation and loss of any data. The provisions of Section 4 (User Representations and Undertakings); Section 5 (Use Restrictions), Section 7 (Privacy Policy), Section 8 (Intellectual Property Rights), Section 9 (Minors), Section 10 (Third Party Services), Section 11(Third Party Components), Section 12 (Usage Rules), Section 15 (Disclaimer and Warranties), Section 16 (Limitation of Liability), Section 17 (Indemnification) and Section 21(General) will survive the termination or expiration of the Terms.

Misconduct and Copyright Agent

We care for your safety and well-being. If you believe a user, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior ore content, please report immediately such person to the appropriate authorities and to us.

The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached through the Contact Us in the website.

General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site and/or the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Engie’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Engie relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Engie. Notices to you may be made via email or regular mail. Our Services may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact

If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: Support@engie.co.il

By contacting us, you represent that you are free to do so and that you will not knowingly provide Engie with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Engie, and Engie may use or refrain from using any such information at its sole discretion.