Terms of use

Terms of Use 1. Acceptance of terms   These Terms of Use ("Terms The use" or the "Terms") constitute a legally binding agreement between Ontopo Ltd. (" Ontopo", "we" or " us ") and you ("you") and together with other users of the website and/or application (" the users "). By accessing: (1) Ontopo 's website (the " Site "); (2) Ontopo 's application (the " App "); or (3) Ontopo 's landing page through one of the businesses (" Landing Page "), and by accepting the services and correspondence delivered by Ontopo, you confirm that you have read and understood these terms and that you accept and agree to be bound by them For the avoidance of doubt, all provisions of these terms of use will apply, with the required changes, in addition to the use of the website, also to use of the application and/or the landing page. The terms of use have been written in the masculine language for convenience only, but they are intended for both men and women. Ontopo provides hosting and customer management software for restaurants, bars, and clubs (" business houses "). Ontopo 's website allows you, the diner, to streamline the process of booking the place in the business where you would like to stay while allowing for complete automation of the booking process and making changes to the booking if necessary (the " Services "). You confirm that you have read the terms of use below and that you agree to be bound by them. If you do not agree to any of the terms below, we will not agree to grant you access to our website and services, and you will have to exit the website and stop using the services.   Ontopo reserves the right, at its sole discretion, to amend and change the Terms at any time, and you agree to be bound by such amendments and changes. You are responsible for checking the Terms from time to time. If Ontopo, at its sole discretion, decides that updates to the terms of use constitute a material change, we may notify you of such changes in a notice published through the website. Notwithstanding the above, we are not obligated to notify the user of changes to the terms of use, and therefore users must periodically visit this page in order to review our current terms of use. Your continued use of the site after a change or amendment has been made to the terms constitutes your informed consent and acceptance of the amended terms. All new and/or amended terms will enter into force immediately upon their publication and apply to your use of the website from that date onwards, except for changes that we have notified as material which will enter into force 7 days after our notification of said material change. If you do not agree to the terms, your only remedy is to stop using the website and the services and cancel the account (as this term is defined below) created to use the services.   If you violate these terms, Ontopo reserves the right to issue you a warning regarding the violation or immediately terminate or suspend all or part of the account we created for you to use the site. You agree that Ontopo is not required to give you notice before terminating or suspending your account, but it may give you such information at its sole discretion. 2. Access to the site   Ontopo does not provide equipment for accessing and/or using the site. Therefore, it is your responsibility to ensure that the computer you are using, including, without limitation, a desktop computer, laptop, mobile phone, or any other electronic device, meets all the technical specifications necessary to access and use the website. You are responsible for all payments, expenses, fees, etc., levied by third parties related to your access to and use of the Site (for example, by Internet service providers or airtime charges). Ontopo cannot guarantee this and does not guarantee that the website will continuously operate without interruptions, delays, or errors. Several factors may affect the quality of your communications and use of the Site and lead to your inability to establish contacts, including, without limitation, your local network, firewall, your Internet service provider, the public Internet, and your power supply. Ontopo assumes no responsibility for any interruption, disruption, or delay caused by any problem or incompatibility with any of these factors or other factors over which Ontopo has no control, including, without limitation, difficulties or delays arising from labor disputes, strikes, stoppages, Lack of or inability to obtain electricity, raw materials or equipment, war, terrorism, riots or force majeure.    3. Making purchases through the website and credit information Ontopo does not charge a fee for accessing the site. However, payment may be charged for certain services, such as placing orders, purchasing gift cards, purchasing tickets for events, purchasing coupons, or loading a card with money that can be used in businesses. The terms of the purchase, as far as possible and carried out, including the policy of cancellations, returns, etc., will appear in a separate panel when the purchase is completed, and the purchase will be subject to the terms above of purchase. In some cases, following the business requirement, you will have to provide your credit information to reserve a place at the business. In these cases, Ontopo may verify your credit information with the credit companies by blocking your credit limit in the amount of NIS 1 as a necessary step to check the integrity of the credit. Blocking the credit limit, as mentioned, does not bind your account and will be automatically released within 60 days of the visit. The blocking of the credit line will be done securely by the company PayMe, which holds the PCI standard to ensure high-level security for your credit information. 4. account details To access certain services, such as booking a seat or changing an order, you must register on the website, and we will create an account (" Account ") for you. Each user must provide several identifying details for registering and receiving a username and password, including your name, phone, email address, and password (" login details "). The following rules govern how your account and login details are secured: 1. Do not share your account or login information, and do not allow anyone else to access your account. Also, do not do anything that would jeopardize the security of your account; 2. Suppose you become aware of or reasonably suspect that the Security Terms have been breached or breached, including, without limitation, any loss, theft, or unauthorized disclosure of your login information or unauthorized access to your account. In that case, you must immediately notify Ontopo and change your login information. ; 3. You are solely responsible for keeping your login information confidential and for any use of your login information; 4. You are responsible for every action that occurs through your account, whether you performed these actions or not, including, for the avoidance of doubt, actions performed by third parties. Therefore, you at this moment confirm that your account may be closed if another person uses it to engage in any activity that violates these terms or is otherwise inappropriate or illegal; 5. You undertake to monitor your account and limit its use by any person restricted from accepting these terms and/or using the website and/or services, according to the instructions detailed below or any applicable law. You take full responsibility for any unauthorized use of the site by any of those above; 6. Ontopo reserves the right to remove or reclaim any username at any time and for any reason, including, without limitation, claims by a third party that a username infringes such a third party's rights. All personal information you provide to Ontopo when you create or update your account or use the Site, including login information, will be held and used following these Terms and our Privacy Policy at: https://ontopo.co.il/settings/privacy . You undertake and confirm that you have full right and authority to provide Ontopo with the above information, including, without limitation, the consent of any third party (as required by any applicable law). You agree to provide us with correct and complete information and update it as soon as it changes. 5. Commercial information on the website   The Services may include commercial information and advertisements ("Advertisements"). Advertisements may pop up or be displayed on the site from time to time. Ontopo may display advertisements on the Services, but most will be third parties, and we do not guarantee the reliability or accuracy of third-party advertisements. Ontopo does not sponsor the content of third-party advertisements. It is at this moment clarified that the publication of commercial content by Ontopo does not constitute a recommendation or encouragement in purchasing the advertised service. To the extent that the platform will include links to services that are not operated or managed by Ontopo, Ontopo will not be responsible for any liability arising from your reliance on the content of such services or any information provided by them, including, but not limited to, its completeness, accuracy, correctness or up-to-dateness. Without detracting from the above, Ontopo will not be responsible for any damage, direct or indirect, financial or otherwise, resulting from your use or reliance on the contents or services accessed through advertisements or other links on the services.   6.  Account Termination   Ontopo may refuse to grant access to the Services, suspend or terminate your account without notice, for any reason or suspicion that these terms have been violated, or that there has been illegal or inappropriate use of your account, or unlawful or improper use of the Site or Services, products or intellectual property of Ontopo, as determined by Ontopo at its sole discretion. If you have more than one account, Ontopo may suspend or terminate all of your accounts. You may lose your username due to the termination or suspension of the account, without any liability on the part of Ontopo for any damage caused by the above.   You acknowledge that Ontopo is not required to provide you with notice before suspending or terminating your account. If Ontopo terminates your account, you may not participate in or use the Services again without Ontopo's express consent. Ontopo reserves the right to refuse to maintain accounts and provide access to the site or other services to any person. Also, as noted, you are prohibited from allowing a person whose accounts have been terminated by us to use your account. If you believe that any action has been taken against your account, please contact us at: [email protected] 7. Right to use the site   Subject to your agreement to these terms and your compliance with them, Ontopo grants you a personal, limited, non-exclusive, and non-transferable right to access and use the website. You now confirm that these terms limit your right to access and use the website and services and that if you violate or if, at any stage, you refuse to agree to any of these terms, your right to access and use the website and services will end immediately. If it is determined that the site or the services or any part of them are illegal according to the laws of the country in which you are located, you will not be granted any right to use or participate in them.   8. Rules of Conduct and Use   You undertake and confirm that you have the full right and authority to use the site and be bound by these terms. You agree to comply with these terms in full and with all local and international laws, regulations, enactments, and orders relevant to your use of the website mentioned above. Without limiting the preceding and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding conduct on the Internet. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.   You undertake that you will not deceive or attempt to deceive Ontopo or other users and that you will not act in bad faith in your use of the site. If Ontopo determines that you have worked in bad faith and/or in violation of these terms or that your actions do not follow reasonable standards, Ontopo may, at its sole discretion, terminate your account and prohibit you from using the Services.   In addition to the above, and as an example and not as a limitation, you agree not to: 1. Create an account or enter the website if you are blocked from receiving the services according to the provisions of these terms or any relevant law; 2. upload, post, transmit, or otherwise distribute any material that is vulgar, obscene, vulgar, pornographic, of a sexual nature, or is, in the opinion of a reasonable person, offensive or otherwise objectionable; 3. defame, mock, defame, mock, stalk, intimidate, threaten, harass, or harm anyone with hostility on a racial, ethnic, or any other basis; 4. copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or reverse engineer (unless expressly authorized by Ontopo or under applicable statutory law), adapt or modify any part of the Website; 5. Upload, run, or transfer (or attempt to upload or transfer) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or program that may perform fictitious orders to damage the operation of the site or the computers or mobile devices of other users of the site; 6. Do not activate or allow to start any computer application or other means to search, scan, copy, or automatically retrieve content from the website, including software that copies, in whole or in part, information and content from the website. In this rule, you may not create and do not use the means above to start a compilation, collection, or database that will contain content from the website. 7. Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transferring, distributing, or otherwise publishing any information or material made available through the site in any way that violates copyrights, trademarks, patents, secrets, commercial or any other right of any party (including rights of publicity); 8. create a false identity, multiple identities, multiple user accounts, create an account on behalf of someone other than yourself, use bots or other automated programming programs to defraud or otherwise violate these Terms and/or third-party terms of service; 9. attempt to obtain passwords or additional personal information from other users, including personally identifiable information (whether in the form of text, image, or video), identification documents, or financial information; 10. make and/or make representations regarding and/or in connection with Ontopo that Ontopo has not approved in advance in writing. You must obtain prior written approval from Ontopo regarding the content of any marketing ad and about any use of Ontopo's trade name and/or trademarks and/or designs in connection with the website; 11. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without Ontopo 's prior written consent; 12. enter or use an account that has been rented, leased, sold, traded, gifted, bequeathed, or transferred in any other way without the prior written consent of Ontopo; 13. engage in any fraudulent activity about payment methods; 14. violate any applicable law or regulation or encourage or promote any illegal activity, including without limitation copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, computer hacking, hacking or distribution of counterfeit software, or scams or hacking of the Services; and/or 15. attempt to interfere, hack or decipher transmissions from and to the servers for the site. 16. The use of the website is limited to legal, private, and personal purposes only. Do not copy, display publicly, use, or allow others to use, in any other way, the website for any purpose, commercial or otherwise, that is not personal, private use, and/or goes beyond the website's services. 9. Intellectual property ownership   All website materials are protected under copyright, product contracts, patents and trademarks, international treaties, and other laws protecting intellectual property and related proprietary rights. Ontopo and/or its affiliated companies reserve all rights to the Site (including, but not limited to, applications, software, models, methods, graphics, texts, information, images, video, sound, music, and other files and in their selection and organization) (collectively, " Site Materials "). You yourself are prohibited, and you are prohibited from causing any other party to adapt, reverse engineer, disassemble, reverse engineer, copy, transfer, create derivative works, rent, sublicense, distribute, reproduce, frame, republish, collect, download, display, transmit, upload, lease or sell in any form or by any means, in whole or in part, use for any purpose other than the need to use the services according to these terms or otherwise use any of the site's materials without the express, prior written consent of Ontopo. All other uses of copyright materials or trademarks, including any derivative use, require Ontopo 's express, prior written consent. Any reproduction or redistribution of materials not by these terms is strictly prohibited and will lead to the termination of your account and will be subject to civil and criminal penalties.   You are not required to provide Ontopo with any feedback or suggestions regarding the Site, the Services, or Site Materials. However, if you provide Ontopo with comments or suggestions for changing, correcting, improving, or improving the Services or any of the Site Materials, then, subject to the terms and conditions of these Terms, you at this moment grant Ontopo a non-exclusive, worldwide, irrevocable and irrevocable license to Royalties, including the right to sublicense, use and deliver the previous comments and suggestions in any manner that Ontopo chooses to display, perform, copy, reproduce, create, create, use, sell, offer for sale and otherwise deliver Ontopo's and licensees ' products and content its subsidiary, embodying the previous comments or suggestions in any way and through any medium that Ontopo chooses, but without reference to the source of the earlier comments or suggestions. 10. Limitation of Liability   You agree that using the Services will be at your own risk and responsibility. The services are provided on an " AS IS " and " AS AVAILABLE " basis. You are solely responsible for any actions and omissions made or to be made in reliance on the Services. To the extent permitted by law, Ontopo does not bear any responsibility, express or implied, concerning the site, the services, and your use. For the avoidance of doubt, everywhere in its terms of use, it is stated that Ontopo does not assume and/or bear liability and/or responsibility (as the case may be), also meaning the shareholders, directors, officers, agents, contractors, partners, consultants and/or employees of Ontopo and the companies associated with it, in the committed changes. Ontopo is not responsible in any way for the information appearing on the website about the businesses when provided by the companies (and may, among other things, be offensive, missing, inaccurate, out of date, and/or not following any law or regulation), including without limitation any conditions of The businesses to book a place with them and/or provide the services by them. Ontopo is not and will not be a party, directly or indirectly, to a transaction that will take place between the user and the business following the reservation of the site and will not be responsible in any case for a place reservation that is not honored and/or does not comply with the conditions agreed between the user and the business. Also, Ontopo is in no way responsible for the level and quality of the services, products, and/or quality of food provided by the business. There is a possibility that the information appearing on the website contains proofreading errors, wording errors, scribe errors, and others. ontopo will not be responsible for damage caused by errors. 1. mistake, error, inaccuracy, or inadequacy of any Content; 2. Direct, indirect, special, accidental, punitive or consequential damages, including without limitation, personal damage, property damage and/or financial damages, of any kind, arising from the use of the services or the inability to use them; 3. unauthorized access or use of third party materials, secure servers and/or any personal information and/or financial information stored therein; 4. Interruption or interruption of transmission to or from the Site and Site Services; 5. any bug, virus, trojan horse, etc. transmitted to or through the site by any third party; 6. the quality of any information or other material obtained by you through the Site; 7. material that is published, displayed and/or offered through the site, its completeness, accuracy and/or reliability; or 8. Error or omission in any content or for loss or damage of any kind resulting from the use of any content uploaded, sent in a message, transferred or otherwise made available through the site.   Without derogating from the foregoing, Ontopo shall in no event be liable to you or to any third party for any special, direct, indirect, incidental, punitive or consequential damages, including any loss of profits or loss of data, resulting from your use of the Site or other materials accessed or YOU HAVE READ OR DOWNLOADED THROUGH THE WEBSITE, WHETHER OR NOT ON THE BASIS OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ONTOPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The aforementioned limitation of liability shall apply to the fullest extent permitted by law in the relevant jurisdiction. You expressly confirm that Ontopo will not be responsible for any user submission and/or defamatory, offensive and/or illegal conduct of any third party, and that the risk of injury or damage immediate and/or related to the above applies to you. Without deviating from the above, in any case, Ontopo 's maximum liability in all cases and for all reasons will be limited to the minimum amount permitted by law. Without detracting from the above, any feedback, suggestions, opinions and advice as mentioned and all other information expressed by any third parties in the services represent their own opinions and not those of Ontopo . Do not rely on the feedback, suggestions, opinions, advice or other information mentioned above. Ontopo will not be responsible and will not have any liability for any decision you make based on the aforementioned information. Ontopo manages and operates the website to the best of its ability, regularly and without interruptions as much as possible. At the same time, there may be interruptions and/or interruptions and/or malfunctions in the site's activity. The user is aware that there may be deficiencies, delays, and interruptions in the quality of the service and its availability, and that the company will not be responsible for any interruption and/or malfunction and/or any damage resulting from this - regardless of the cause of the malfunction. The website user undertakes to indemnify and compensate Ontopo and/or anyone on its behalf for any damage, loss, loss of profit, payment and/or expense incurred by them, including attorney's fees and court costs, due to violation of these terms and/or violation of the provisions of any law (including regulations, guidelines, and regulatory instructions) applicable to users. In addition, the user will indemnify Ontopo and/or anyone on its behalf for any claim and/or claim and/or demand raised against them by any third party (including other users of the site) as a result of the user's violation of the terms of use. 11. Materials of third parties; search engines   You may be allowed to access, check, view or use the services, resources, content, information or links of third parties, websites or other resources (" Third Party Materials ") through the Website. The third party materials are not under the control of Ontopo and you acknowledge that you assume sole responsibility and assume all risks arising from accessing, using or relying on such third party materials. Ontopo will not bear any liability incurred by you as a result of accessing, using or relying on third party materials through the website. You acknowledge and agree that Ontopo : 1. is not responsible for the availability, accuracy, completeness, quality and/or legality of such third party materials and/or the products and/or services available in such third party materials; 2. is not responsible to you or to any third party for any damage, injury or losses as a result of your access to or use of such third party materials; and- 3. does not present any promise to remove the possibility of access to third-party materials through the website. Your ability to link to Third Party Materials or Third Party Services does not indicate any sponsorship by Ontopo of any Third Party Materials or Third Party Services. 12. Messages and newsletter   After completing an order, Ontopo will send you an SMS message confirming the order and the business may also send you additional SMS messages with updates regarding your order and relevant details as the business deems appropriate. In addition, Ontopo is possible will send you various messages and a newsletter, containing updates on Ontopo's activity and the website's services. Some messages may be tailored to you personally, based on information you provide to us during your use of the Services, including previous orders you have placed. The e-mail address and telephone number you provide to us will be used, among other things, to offer you various services from time to time and/or various marketing offers based on segmentation carried out in order to match them to the recipients, and/or "advertising matter" according to Amendment 40 to the Telecommunications Law (Bezeq and Services), in 1982, unless you notify Ontopo of your unwillingness to receive these types of communications. In addition Ontopo may send you notices about changes to these terms or regarding other matters. You agree that all agreements, notices, disclosures and any other communications that Ontopo sends as stated above meet any legal requirement that said correspondence be in writing. All messages sent to you will constitute sufficient and valid delivery and notice to you, whether or not you have entered or read the message, and will be considered as having been sent to you, whether or not they were actually received by you. 13. Site changes Ontopo may from time to time at its sole discretion adapt, update, improve or change the structure of the site, its appearance, the scope and availability of the services or contents provided within it (including charging a fee for such or other contents and services at its discretion), as well as any other aspect involved in the site , and all without the need to notify users beforehand. Changes of this type may involve malfunctions or cause temporary discomfort. You will not have any claim, claim or demand against Ontopo for making such changes or malfunctions that will occur during their implementation. Without detracting from the above, Ontopo may at any time stop providing the website services, all or in part, and/or block access to the website, in whole or in part. Blocking and/or stopping the provision of such services may be accompanied by the deletion of all information stored on the site. 14. Notification and removal procedure If you believe that content published on the site is offensive content/infringes any rights, including intellectual property rights, or that the site contains links/references to sites with such content, please contact the operator immediately via e-mail: [email protected] and indicate the following details: the nature of the injury/violation, a link to the relevant page on the website and ways to contact you. Ontopo will conduct an examination of the issue and contact you as more information is required. 15. general By using or visiting the website, you agree that all laws of the State of Israel, regardless of the choice of law rules and regardless of your location, will govern these terms and any dispute of any kind that may arise between you and Ontopo . Any claim or dispute between you and Ontopo arising in whole or in part from your use of the website or the website services, will be decided exclusively by a competent court located in Tel Aviv, Israel, as other courts will not have jurisdiction, and you hereby agree and waive any claim regarding lack of local jurisdiction and improper forum with respect to the venue and jurisdiction of the courts of Tel Aviv, Israel. Notwithstanding any conflicting law or legislation, you agree that any claim or cause of action arising out of or related to the Services shall be brought by you within one (1) year after the cause of action arose, otherwise the cause of action shall be permanently waived. Failure by Ontopo to enforce any provision of these Terms will not constitute a waiver of any further enforcement of that or any other provision. If, for any reason, a court of competent jurisdiction determines that any provision of these Terms is invalid or unenforceable, that provision will be enforced to the fullest extent permitted and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding between Ontopo and you regarding their contents and supersede all prior or contemporaneous quotations, agreements, correspondence or understandings, whether written or oral, related to their contents. 16. contact If you have any questions or concerns regarding these terms of use or any other issue regarding the website and services, please contact us at: [email protected] Last updated: May 15 , 2023.