Terms and Conditions

The use of the ordering platform, ordering application, phone ordering system, kiosk software (“Software”) and services of the Amazing Web Ltd. (“Company”), including but not limited to the systems implementation and network deployment services (including catalogue, media implementation, and so on and so forth), and support and maintenance services listed in the quote (“Services”), is subject to the general terms and conditions below (“General Terms and Conditions”).
Subject to the clients’ compliance with the general terms and actual payment for the services (as defined below), the company will provide the client with a non-exclusive, non-transferable, without the right to grant sublicenses, cancellable license, for the duration of the services (as defined below), to use the services for the client’s restaurants and/or call centers only.
The client will pay the company for the services as listed in the pricing chart above. The payment will be transferred every tenth day of the month including a detailed invoice. The company may, at any time, change its’ price list within thirty (30) days of advanced notice, therefore changing the price list will not apply to a quote that was signed before the notice, but to each new quote and/or renewal of the duration of the services. The services fee does not include taxes, fees, and compulsory payments deriving from and/or required to perform the services, which will be paid by the client.
The client is obliged: (A) not to transfer services to any third party and/or reverse engineer; (B) not to visit company servers unauthorized and/or use services applying unauthorized methods and/or means, including robots, crawlers, spiderbots, and/or other automated means.
Costs associated with third-party services (unless specified in this document as part of the offer) will be covered by the client.
The client hereby represents and agrees as follows: (A) the client will use the services in accordance with the law, including access obligation and sending advertisements; (b) the content of the client, including graphic materials, banners, publications, photos, menus, branch data, etc. does not and will not violate any third party rights, including our property rights, confidentiality and right to privacy, and does not and/or will not include illegal, dangerous, violent, inappropriate, or content that constitutes libel or slander; (C) the client has all licenses, permits, agreements, and approvals required by law to contract as per the quote. The client will reimburse and protect the company, its employees, its managers, and it’s shareholders from any expense, damage, loss, demand, and/or claim that will result in any of them, including after completion or cancellation of the quote, in connection with; (A) clients’ content; (B) any claim or dispute made by the client’s employees and service providers; (C) violation of the terms of the quote.
The services, in all its parts, and any service in connection with them, all rights to the services, aggregate information and confidential information (as defined below), any change, improvement, and derivative creation of all these, as well as all intellectual property rights in all of these, are fully owned by the company and its legal representatives (“Company Property”). There is no provision under the quote terms to provide the client and/or any other party with any right to the company’s property except for the limited license given to the client in section 2 above.
The client acknowledges that confidential information of the company may come to his knowledge (“confidential information”). The client is obliged to keep the information confidential, including the quote in all its terms, and not to disclose and/or transfer it to any third party and not to make use of the confidential information, except if necessary and subject to general terms. Company’s intellectual property and any information regarding it constitute confidential information. The company may make any use and/or transfer to a third party, without limitation, aggregate information without data that may identify the client (“aggregate information”).
The quote is valid for the duration specified in the price list of the quote (“Duration of the Services”), unless prior to the end of the services term, the quote was cancelled by section 10 below.
In the event of a breach in the general terms by the client, the company will be entitled to cancel the quote, subject to the submission of notice to the client and as the breach is not fully rectified during fourteen (14) days from the notice; each party may announce the termination of the services for any reason, in a written notice that will be delivered three months before the desired termination date. After the duration of the service ends or is cancelled: (1) the license in section 2 above will be revoked and the client will stop any use of the service and software; (2) the client will immediately pay the company any costs that have not been paid and will be charged according to the quote. (3) Section provisions 3-16 of the general conditions shall continue to apply.
The logo, Amazing/Amazing Food, will be displayed on various service screens.
The services, software, and the conditional quote are provided to the client as is and without warrant and/or assurance of any kind, whether express or implied and/or statutory (as applicable law allows). The company makes no guarantee and will not be held responsible, including and without limitation regarding merchantability, infringement and fitness for a particular purpose, damages and/or losses resulting from bugs, accessibility disorders, inaccuracies, defects, glitches, data correctness, human errors, viruses and/or any other harmful factor, and/or uses of services and/or their server, etc. Under no circumstances will the company and its associated parties, including partners, officers, directors, employees, shareholders, agents, licensees, subcontractors, and suppliers be held for indirect or consequential responsibility or liability to the client and/or any other entity under any legal theory, whether contractual, tortious or otherwise, including loss of profits, loss of business opportunities, loss of income and/or profit, cash shortage, damage to reputation, loss of information, compensatory or punitive damages and/or for example; arising from and/or on their behalf will not exceed the payment by the client to the company for the services during the six (6) months prior to the damage and/or the cause of the damage. The company will not be held responsible for any act or neglect arising from a higher power in connection with the services.
It is the client’s responsibility to contact a qualified accessibility consulting company and submit a customized accessibility report. The company will not be responsible for accessibility, but will rely on the recommendations and conclusions of the report and in accordance with the client’s guidelines and responsibilities.
Graphic materials (including banners, posts, photos, etc.) are the responsibility of the client.
Content management and an informative website (including editing menus, branch data, uploading images, complying with accessibility rules, search engine promotion) are the responsibility of the client.
The sole jurisdiction in the quote and all matters relating to it is solely for the authorized court of law in Jerusalem, the parties waive any other jurisdiction. The proposed quote will be subject to the laws of the State of Israel, without giving effect to the principles thereof relating to conflicts of law; the attachments to the quote constitute an integral part of the quote. The quote and its appendices, exhausts all of the agreements between the parties on matters and issues discussed, it replaces and eliminates any act, agreement, negotiation, practice, memorandum, proposals, summaries of discussion, and/or commitment, and any other document that was exchanged (whether in written or oral form) on the aforesaid matters between the parties prior to their signing. It is clear that in any case of conflict between the provisions of the quote and its attachments, the provisions of the general conditions shall prevail. Other terms are not and will not be valid in any other document that contradict and/or change the terms of the quote; any change to the quote will not be valid unless written and signed by both parties; any behavior on part of the company will not be considered as a waiver of any of its rights under the law or a waiver or consent on its part to any breach or non-compliance with any of the terms of the quote, or as a waiver or extension of any action to be taken according to the quote, or as a change, cancellation, or addition of any term, unless expressed explicitly or in writing; any notices regarding the quote will be sent by registered mail, by email or hand-delivered according to the parties’ response to a corresponding written notice, and any such notice will be deemed to have been delivered to the recipient sooner than the following dates: upon actual delivery (or offer to the recipient, in case of refusal to accept) or three (3) business days from the time it was delivered to a registered mail delivery, except for notice of change of address, which shall appear to have been delivered only upon actual delivery to the recipient. Sending the contents of the notice by email will not constitute an official notice under the General Terms and Conditions, unless the other party has confirmed that it has received the notice; the client will not be entitled to transfer his right and/or obligations according to the quote, except with the consent of the company, in writing and in advance. The company will be entitled to exercise its obligations and rights under the quote at its sole discretion.
The quote, in all its parts, is designated for activity in Israel and for local purposes only.