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TERMS OF USE

 

1. TERMS OF USE  
 

1.1 This Platform is suggested for use subject to operating conditions (herewith also: "the terms"), and the regulations will apply to any use by you of the Platform; 
1.2 The User, by downloading, browsing, accessing, or using this Treat mobile application (“The usage”), agrees to be bound by these Terms and Conditions of Use. The terms constitute a binding legal agreement between a user and the company. 
1.2 If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time. 
1.3 We reserve the right to amend these terms and conditions following the need for change at any time, and under our sole discretion.  
1.4 By downloading, browsing, accessing or using this Treat mobile application (“Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time. 
1.5 The user declares that he has read these regulations and that he agrees to all its instructions and that he will not have any claim and/or right and/or claim against the company and/or anyone on its behalf in connection with the content provided on the Platform and its use beyond the rights granted to him under these terms of use. 
 
2. DEFINITIONS 

 

In  these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires: 
"Account"– account created by a User on the Mobile Application as part of Registration. 
"Merchant"– refers to any entity whose products or Samples can be purchased and/or redeemed (as the case may be) via the Mobile Application. 
"Privacy Policy"– the privacy policy set out in Clause 14 of these Terms and Conditions of Use. 
"Redeem"– means to redeem a Merchant’s products or Samples on these Terms and Conditions of Use 
"Redemption" means the act of redeeming such products or Samples. 
"Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account. 
"Samples"– samples of the Merchant’s products and/or services, including without limitation, any vouchers for the redemption of such services, and "Sample" means any of them. 
"Services"– all the services provided by  the Platform via the Mobile Application to Users, and "Service" means any one of them, 
"Users"– users of the Mobile Application, including you, and "User" means any one of them. 

 

3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES 
 

3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Redemptions are subject to these Terms and Conditions of Use. 
3.2 Location: The Mobile Application, the Services, and any Redemptions are intended for use by Users who access the Mobile Application around the world. Notwithstanding the above, if you access the Mobile Application, use the Services, or make any Redemptions from locations with no support in our App, you do so on your initiative and are responsible for the consequences and compliance with all applicable laws. 
3.3 Scope: The Mobile Application, the Services, and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes. 
3.4 Prevention on use: We reserve the right to prevent you from using the Mobile Application and the Service (or any part of them) and to prevent you from making any Redemptions. 
3.5 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services or make any Redemptions. You will require Internet connectivity and appropriate telecommunication links to use the Mobile Application or Services or make Redemptions. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise. 
3.6 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application. 
3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-
exclusive license to use the Material to promote any products or services. 

 

4. REDEMPTIONS 
 

4.1 The user must Register to make a Redemption from the Mobile Application. 
4.2 Restrictions on redemptions: (a) Reproduction, sale, resale, or trading of any products, samples, or Redeemed products is prohibited. (b) If any product or Sample is Redeemed for less than its face value, there is no entitlement to a credit, cash, or Sample equal to the difference between the face value and the amount Redeemed. 
(c) Redemption of products or Samples is subject to the availability of the relevant  Merchants’ stocks. 
4.3 Treat is Not Liable for any losses or damages suffered by you resulting from a failure by the relevant Merchant to fulfill any Redemptions under Clause 4.2 or for a failure by us to deliver any products or Samples to you due to the unavailability of such products or Samples according to Clause 4.2(c). 
4.4 Lost/stolen: Neither we nor any Merchant shall be responsible for lost or stolen Samples or products that have been Redeemed. 

 

5. LOCATION ALERTS AND NOTIFICATIONS 
 

The user agrees to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application from Merchants if they have turned on locational services on their mobile telephone or other handheld devices (as the case may be). 
 

6. OBLIGATIONS 
 

6.1 The user agrees to (and shall) abide by the terms and conditions of the relevant Merchant to which your Redemption relates, as may be amended from time to time. 
6.2 The user warrants that all information provided on Registration and contained as part of your Account is true, complete, and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. 
6.3 It is the user's responsibility to ensure that any products, Samples, or information available through the Mobile Application or the Services meet your specific requirements before making any Redemption. 
6.4 Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application as follows: 
6.4.1 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; 
6.4.2 to send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; 
6.4.3 to send or receive any technically harmful material (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data); 
6.4.4 to cause annoyance, inconvenience, or needless anxiety; 
6.4.5 for a purpose other than which we have designed them or intended them to be used; 
6.4.6 for any fraudulent purpose; 
6.4.7 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.; 
6.5 The user, without limitation, undertakes not to or  not permit anyone else to: 
6.5.1 resell any products or Samples; 
6.5.2 furnish false data including false names, addresses, and contact details, and fraudulently use credit/debit card numbers; 
6.5.3 attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorized to access; 
6.5.4 extract data from or hack into the Mobile Application; 
6.5.5 use the Services or Mobile Application in breach of these Terms and Conditions of Use; 
6.5.6 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or 
6.5.7 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services. 

 

7. LIMITATION OF LIABILITY 
 

7.1 AMENDMENTS – (A) We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application; (B) We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you. 
7.2 We will use reasonable endeavors to correct any errors or omissions as soon as practicable. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors, or omissions. In the event of any such error, fault, or omission, you should report it by contacting us at +972-525-922296. 
7.3 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted, and we do not warrant that any information transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, promptly, or at all. 
7.4 We will try to allow uninterrupted access to the Services and the Mobile Application, however the access to the Services and the Mobile Application may be suspended, restricted, or terminated at any time. We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. 
7.5 Further to subsection 7.3, we do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error-free, or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including the inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. 
7.6 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers under the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others. 
7.7 We reserve the right to withdraw any information or Services from the Mobile Application at any time. 
7.8 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may hurt any technology. 
7.9 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use. 
7. 10 The Mobile Application, the Services, the information on the Mobile Application, and the use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. 
7.11 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non infringement or implied warranties from course of dealing or usage of trade. 
7.12 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness, or completeness. 
7.13 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential, or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. 
7.14 We shall not be liable in contract, tort (including negligence or breach of statutory duty), or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special, or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 
7.15 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

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8. SUSPENSION AND TERMINATION 

 

8.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, or any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application. 
8.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use. 
8.3 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if: 
8.3.1 you commit any breach of these Terms and Conditions of Use; 
8.3.2 we suspect, on reasonable grounds, that you have, might, or will commit a 
breach of these Terms and Conditions of Use; or 
8.3.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. 
8.4 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach, or any rights, obligations, or liabilities accrued before the termination. 

 

9. DISCLAIMER AND EXCLUSION OF LIABILITY 
 

9.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. 
9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non infringement or implied warranties from course of dealing or usage of trade. 
9.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. 
9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness. 
9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading  from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. 
9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 
9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. 
9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.


10. INDEMNITY

 
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number allocated by the Platform, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding. 


11. INTELLECTUAL PROPERTY RIGHTS 
 

11.1 All editorial content, information, photographs, illustrations, artwork, and other graphic materials, and names, logos, and trademarks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties belong to us and/or our suppliers. 
11.2 These works, logos, graphics, sounds, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated whether in whole or in part unless expressly permitted by us and/or our suppliers. 
11.3 Nothing contained in the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited. 
11.4 We will not hesitate to take legal action against any unauthorized usage of our trademarks, name, or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners. 

 

12. AMENDMENTS 
 

12.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application. 
12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you. 


13. APPLICABLE LAW AND JURISDICTION 
 

13.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the State of Israel, Tel – Aviv, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application. 
13.2 The user accepts and agrees that both you and we shall submit to the exclusive jurisdiction of the courts of the State of Israel in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use. 


14. PRIVACY POLICY 
 

14.1 Access to the Mobile Application and use of the Services offered on the Mobile Application by the Platform are subject to this Privacy Policy. By accessing the Mobile Application and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. 
14.2 We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Mobile Application and your use of the Services. 
14.3 As part of the normal operation of our Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use the Services on the Mobile Application: 
(a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. 
(b) We will collect and use personal information solely to fulfill those purposes specified by us and for other compatible purposes unless we obtain the consent of the individual concerned or as required by law. 
(c) We will only retain personal information as long as necessary for the fulfillment of those purposes. 
(d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. 
(e) Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date. 
(f) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. We are committed to conducting our business by these principles to ensure that the confidentiality of personal information is protected and maintained. 

 

15. REFUND POLICY 
 

15.1 Our policy lasts 3 days. If 3 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.  
15.2 Once your return is received and inspected, we will send you an email to notify you that we have received your email. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. 
15.3 Late or missing refunds (if applicable) If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at: info@treatva.com

 

16. SPECIFIC TERMS 
 

16.1 Adoption – the Platform may present information regarding a dog adoption. You should know that if you see that some dog got adopted, the Platform wouldn’t guarantee that it actually got adopted. we can only assume that because their ID is not appearing anymore on the API Platform. There is a possibility of bugs in the system and sometimes the dog might be euthanized. 
16.2 Delivery location – the Platform may present information regarding delivery location. You should know that if you see this information, the Platform wouldn’t guarantee that it is accurate. we can only assume based on the data we have received.  
16.3 Delivery and supplies – the Platform may present information regarding sending supplies and arrival. You should know that if you see this information, the Platform wouldn’t guarantee that it is accurate. we send the supplies but can't guarantee it will get to the dog, it depends on the shelter itself, the delivery company, and if the dog is still there. we are sending the items the user shipped as part of a bigger delivery. we might convert some of the items into other items that are more needed. 

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