Terms and Conditions
Genial Beauty Car Ltd. is the owner of www.genial.co.il website (hereinafter “the site”).
Published On: 11-July-2024
Accepting the Terms of Use
Overview
These terms of use (hereinafter: the “Terms”) govern all your use as users of the website and/or as purchasers of the products and/or services (hereinafter collectively the services and products will be called together: the “Services”) on the website. The services are owned and operated by Genial Beauty Car Ltd. (hereinafter: “the company”). The services are offered on the website subject to your acceptance, without any change or reservation, of all the conditions included herein, and all other operating rules, policies and procedures that may be published from at any time on the website or anywhere else by the company.
By using or accessing any part of the Services, or by purchasing any products, you agree to all the terms contained herein, and to all operating rules, policies and procedures that may be published from time to time in the Terms of Use or elsewhere by the Company. If you do not agree to any of these terms, conditions, rules, policies or procedures, please do not use or access the Services, and do not purchase the Products.
The Changes
The Company reserves the right, at its sole discretion, to change or replace any of the terms and conditions of these Terms at any time. You are responsible for checking these terms from time to time to keep up to date with changes. Your continued use of the Services and/or purchase of the Products after the posting of any changes to these terms constitutes your acceptance of those changes. If any changes to these terms are unacceptable to you, the only remedy available to you is to stop accessing and making any use of the services and/or purchasing the products.
Your Use of Services
The Company hereby grants you a non-exclusive, non-transferable and non-sublicensable right to access and use the Services for private and personal use only (1) in accordance with these Terms, and (2) to the extent permitted by all applicable laws and regulations (foreign and local). Notwithstanding the above, you will refrain, and you will refrain others, directly or indirectly: (1) from modifying, copying or in any other way creating derivative works from any part of the Services; (2) reverse engineer, disassemble, reverse compile, or otherwise attempt to discover the source code or the structure, sequence, and organization of all or any part of the Services (except that this restriction shall not apply to limitations limited in scope on reverse engineering prohibited by law applicable in this regard); (3) rent, lease, resell, distribute or use the Services for commercial purposes; (4) remove or alter any proprietary notices or labels on or within the Services; (5) engage in any activity that damages or disrupts the services (6) engage in any fraudulent activity or activity that facilitates fraud; or (7) engage in any activity that infringes any right, including but not limited to, the intellectual property rights of any third party.
Indemnity
You hereby agree to defend and indemnify the company and its partners, shareholders and each of the company’s officers, directors, agents, other partners and employees and those on their behalf, against any damage (whether direct, indirect, accidental, consequential or otherwise), loss, liability , cost and expense (including without limitation reasonable attorneys’ and accountants’ fees), arising from any claim, demand, legal proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation conducted by any third party (hereinafter each of them: “Claim”) related to or arising out of: your use, contribution or connection to the Services; Your breach of these Terms; and/or your violation of any rights of third parties. The company will give you notice of any such claim, provided that the failure or delay on the part of the company in providing such notice will not limit your obligations hereunder. The Company reserves the right to exclusively manage the defense in any matter subject to indemnification subject to this section, and in this case, you agree to cooperate with all reasonable requests to assist the Company’s defense in this matter.
Changes/Suspensions of services
The company reserves the right at any time, and from time to time, to change, suspend or stop, temporarily or permanently, the services (or any part thereof) or the sale of the products, for any reason or for no reason or without any prior notice. You hereby agree that the company will not bear any responsibility towards you and/or anyone on your behalf or towards any third party for any change, suspension or discontinuance of the services and/or the sale of the products, or any loss or damage that may be caused as a result of these actions by the company.
Ending
The Company, at its sole discretion, may terminate your right to use the Services, at any time and for any or no reason, including but not limited to, if the Company believes that you have violated or acted in a manner inconsistent with the language or spirit of these Terms. You hereby agree that any termination of your right to use the Services may take effect without any prior notice, and hereby confirm and agree that the Company may immediately disable any further access to the Services. Furthermore, you hereby agree that the Company shall not bear any responsibility towards you or towards any third party for any termination of your right to use or access the Services. All the provisions of these terms, which by their very nature, should continue to exist even after your right to use the services has ended, will indeed continue to exist (including but not limited to, all limitations of liability, releases, and indemnification obligations, disclaimers and protections and licenses of intellectual property).
Links
The Services or third parties may provide links to websites, services or other sources of information. Since the company has no control over these websites and information sources, you hereby confirm and agree that the company will not bear any responsibility for the availability of these websites or information sources, and that the company does not support and does not bear any responsibility or liability for any content, advertising, products, services or other materials found or available on such websites or sources of information. You also hereby confirm and agree that the company will not bear any responsibility or liability for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any content, advertising, products, services or other materials available in or through any website or information source such as these.
Disclaimer
The services are provided as they are (“as is”) and as available. The company hereby expressly disclaims any warranty, whether express or implied, including but not limited to any implied warranty of merchantability, title, unfitness for a specific purpose. The company does not guarantee that: (1) the services will meet your requirements, (2) the services will be provided without disruptions, at the appropriate time, in a secure manner or without errors, (3) the results that may be obtained from the use of the services or products will be accurate or reliable, or (4) any errors The toilets will be repaired. The disclaimers mentioned above will not apply to the extent prohibited by the applicable law.
Limitation of Liability
The company will not bear any responsibility in any situation or subject to any legal theory, whether tort law, contracts or otherwise, in connection with the services, or any other matter mentioned in these terms, regarding: (1) any indirect, accidental, special, consequential damages, punitive damages or exemplary damages, including but not limited to, damages for loss of profits, reputation, use, data, or other intangible losses (even if the Company has been informed of the possibility of such damages), (2) the cost of purchasing alternative services, or (3) All matters beyond the company’s reasonable control. The restrictions mentioned above will not apply if this is prohibited according to the applicable law in a manner that cannot be conditioned.
Without detracting from the above, the customer hereby declares that he is aware that for the various cosmetic products that will be marketed by him and not manufactured by him, the manufacturer alone will be responsible, and therefore he hereby waives any claim against the company in this regard.
Release
In exchange for permission to access and use the Services, you hereby agree to release the Company, its shareholders, and each of its officers, directors, agents, other partners and employees and/or anyone on behalf of all of these, from all damages (either direct, indirect, incidental, consequential or otherwise), the losses, liabilities, costs and expenses of any kind, known and unknown, arising out of or related in any way to disputes between you and third parties in connection with the Services or your access to and use of the Services.
Privacy
All information provided by you or collected by the company in connection with the services is governed by the company’s privacy policy, a copy of which is found in the privacy policy section of the website, which is hereby included by reference in these terms. The company recommends that you read the privacy policy carefully. You must be careful to protect private information or information that is important to you. The company will not bear any responsibility for this information more than is expressly described in the privacy policy, and does not bear any responsibility for protecting the privacy of e-mail or other information normally transmitted via the Internet or any other network you may use. The company does not control and will not bear any responsibility for your actions or those of other users of the services.
Advertising Through Direct Email
The company may send you, from time to time, messages with information about marketing and advertising through your email.
By providing your email address, you hereby agree and confirm the receipt of such messages from the company.
You may, at any time, cancel your approval by clicking on the relevant link directly in the message or by sending a message to our CS.
Message
Notices may be sent to you by e-mail or regular mail to the address in the Company’s records. The Services may also provide notices of changes to these terms or other matters by displaying notices or links to notices on the Services. Any notice from you to the Company shall be sent in writing to the Company’s email address
Trademark Information, Designs and Intelectual Property
The company’s trademarks, service marks and symbols (hereinafter: “the company’s trademarks”), used and displayed in connection with the services, are registered and/or unregistered trademarks or service marks of the company. Company names, products and other services used in connection with the Services may be registered marks or service marks owned by third parties (hereinafter: “Third Party Service Marks”, and together with the company’s registered marks, the “Registered Marks”).
The designs and all intellectual property (hereinafter: “intellectual property”) in the products displayed on the website, including photographs of these products, are the exclusive property of the company.
The offer of the services shall not be interpreted as granting, by implication, by silence, or otherwise, any license or right to use any trademark displayed in connection with the services or intellectual property in the products, without the prior written consent of the company specifically referring to any such use. The trademarks may not be used to harm the company, any third party, or the products or services of the company or any third party, or in any form and manner (at the sole discretion of the company) that may harm the reputation of the trademarks. The use of any of the trademarks as part of a link to or from any website is prohibited, unless the Company authorizes the creation of the link by prior written consent specifically referring to that link. All goodwill generated from the use of any trademark of the company will be credited to the company. It is emphasized that it is forbidden to use the intellectual property in any form and manner (according to the company’s sole discretion) that may violate the company’s intellectual property rights.
For the avoidance of doubt, it is hereby clarified that all photographs and images on the website are intended for illustrative purposes only, and that the actual products may vary in shape, dimensions, colors, etc.
payments and Billing
The company provides you with a platform to purchase products. The prices for these products are listed on the website, and the final payment will appear at the end of the order process, before the payment is made.
Payments can only be made using a valid credit card, and subject to the terms and policies of the credit card company through which the payment is made.
It is possible by prior arrangement according to the company’s operating hours to collect the ordered product(s). Alternatively, the product(s) can be picked up by courier, but in the aforementioned case you will be fully responsible for any loss and/or damage caused to the product as part of the courier.
Canceling a transaction or returning product(s) will be subject to consumer protection laws.
Any other refund will be given subject to the company’s sole discretion and after receiving the returned products without defect. As long as the company approves a refund, it will be given using the original payment method.
Damaged or defective products can be returned to the company, subject to the presentation of proof of the defect and the company’s approval.
The company reserves the right, at its sole discretion, to stop the services provided to you (in part or in full), in any case of delay in payment whose due date applies, until this payment is paid in full. The company will not bear any responsibility for any loss, damage or other liability arising from these actions.
General
The agreement as a whole
These terms constitute the entire agreement between you and the Company, govern your use of the Services, and supersede all previous or contemporaneous agreements, proposals, discussions or exchanges between you and the Company on its subject.
Choice of law
The laws of the State of Israel, including the Consumer Protection Law, will apply to these terms. Any dispute that may arise in connection with these terms will be brought before the competent court in the district of Tel Aviv, Israel, which will be granted exclusive jurisdiction.
Waiver and invalid instructions
Any failure or delay on the part of the company in exercising or enforcing any right or provision of these terms will not constitute a waiver of this right or provision. Any oral waiver, amendment or modification shall not be valid under any circumstances. Even if any provision in these terms is found by an arbitrator or a court of appropriate jurisdiction to be invalid, the parties hereby agree that the court must use its best efforts to give effect to the intentions of the parties as reflected in this provision, and the other provisions in these terms will remain in full force and effect.
Titles
The headings of the sections of these terms are intended for ease of reading only and do not have any legal or contractual validity, and should not be used for the purpose of interpreting the provisions of these terms of use.
