Terms of Service
Sonshine organization (“Sonshine” or “us”, “our”, “we”) provides a website located at https://mazeltov.world/ (the “Site”). These Terms of Service (these “Terms”) govern our provision of Site to you in connection with, or your access and use of, the Site. “You” includes persons, visiting the Site.
Please read these Terms carefully. These Terms as well as all applicable exhibits govern your use of the Site. You must accept these Terms prior to using the Site. By using the Site, you signify your assent to these Terms and all their exhibits. Changes may be made to these Terms from time to time. We will make reasonable commercial efforts to notify you of any updates to these Terms 30 days in advance of such change. Notwithstanding the foregoing after being notified of such changes in writing, your continued use of the Site will be deemed acceptance to amended or updated Terms. As such, you should check frequently to see if we have updated these Terms. If you do not agree to any of these Terms, please do not use the Site.
- Site. Subject to the terms and conditions of these Terms, Sonshine shall provide you with a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to the Site. Subject to the terms and conditions hereof, you may use the Site for internal business purposes only. Sonshine reserves the right to modify the Site at any time in its sole discretion subject to written notification to you of such modification. You are not entitled to any source code or executables in respect of the Site. You will receive bug fixes and updates to the Site during the term of these Terms and subject to the terms and conditions of these Terms. No licenses or rights are granted herein by estoppel or by implication. You represent that it has all necessary authority to enter into these Terms and that the execution of these Terms and the receipt of the Site will not conflict with any legal, regulatory or contractual obligations of you.
- Donations. If you wish to contribute to Sonshine, you will be required to provide Sonshine information regarding your credit card or other payment instrument. You represent and warrant to Sonshine that such information is true and that you are authorized to use the payment instrument. You agree that all donation payments are final and will not be refunded. When you submit your payment details, these details will be transferred to our payment processing agent and your payment data will be collected and processed by such an agent. Sonshine shall not be liable for any charges or damages which you may incur or suffer as a result of your donation.
- Taxes. Following a donation, Sonshine shall execute an invoice with regards to such donation. Sonshine is not responsible for determining whether all or any portion of your donations, including, if any, processing fees, are tax deductible. Sonshine shall have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any donation made by you. It is your responsibility, not Sonshine’s responsibility, to determine whether any taxes apply to the donations you make through the Site.
- Restrictions. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) use the Site to provide Site to any third party, (b) reverse engineer or attempt to find the underlying code of the Site, (c) modify the Site in any way, (d) circumvent any security or access control features of the Site, (e) sublicense your rights hereunder or provide any third party with access to the Site, (f) rent, lease, modify, copy, loan, transfer, distribute or create derivative works of the Site or (f) use the Site in a manner that violates applicable law; or (g) use the Site for purposes other than those expressly permitted herein. You shall not publish or resell the results of the Site and shall use them solely for internal business purposes only. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform Sonshine in writing in each instance prior to engaging in the applicable activity. You shall use the Site only in accordance with applicable law (including any law concerning the collection, use and storage of Personal Data) and shall have all responsibility and liability for any use of the Site in violation of applicable law.
- Intellectual Property. All right, title and interest in and to the Site and related documentation and all enhancements, derivatives, bug fixes or improvements to the foregoing shall at all times remain with Sonshine or its licensors. Sonshine grants no rights in or to the Site except as expressly set forth herein. Sonshine does not request your feedback regarding the Site. Notwithstanding the foregoing, if you provide Sonshine with feedback regarding the Site or the services provided by Sonshine, Sonshine shall not be subject to any non-disclosure or non-use obligations in respect of such feedback, and may use such feedback in any manner it deems appropriate, including for commercial purposes and as part of its products and Site. This Agreement shall not be construed as a sale of any rights in the Site. Except as expressly provided herein, nothing in this Agreement will be construed to confer any ownership interest, license or other rights upon Company by implication, estoppel or otherwise as to the Site, any technology, intellectual property rights or products of Sonshine or any third party.
- Data; Privacy. Sonshine collects data from persons who visit the Site (“Site Data”) and data concerning individuals, when you donate to Sonshine (“Your Data”). Sonshine will own the Site Data and you will own the Your Data. Sonshine will implement reasonable security measures appropriate to the nature of the Site Data and Your Data including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such Site Data and Your Data. Sonshine may use and process Site Data and Your Data for the purposes of providing the Site to you and the services provided on the site. Sonshine will use and process data in compliance with applicable law and in accordance with Sonshine’ Privacy Notice, as may be amended from time to time. See link at. [mazeltov.world/en/privacy] In processing data, Sonshine may use subcontractors that are located in third party countries. Sonshine may disclose Site Data and You Data to the extent required by applicable law or to cooperate with a law enforcement investigation. In addition, Sonshine may disclose Site Data and Your Data as necessary to enforce agreements and policies, to investigate any claims against Sonshine, and to protect the rights and property of Sonshine or its agents, employees and your rights. Sonshine may disclose or transfer data and information in connection with a sale of all or part of its business, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of its business assets.
- Representations and Warranties. You represent and warrant that you (i) you are above 18 years old or have received a consent of your legal guardian to use the Site, and (ii) will use the Site only in accordance with applicable law. Both Parties further represent and warrant that they have full authority to enter into these Terms, and that the provision of the Site and associated Site hereunder will not violate any other of their contractual or other obligations.
- Confidentiality. Either party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) certain confidential information regarding its technology and business (“Confidential Information”). Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. All pricing information herein and all non-public information in respect of the Site shall be deemed the Confidential Information of Sonshine. Your Data shall be deemed your Confidential Information. The non-disclosure provisions hereof do not apply to any information that (a) is generally known to the public, (b) is made available to the Receiving Party by a third party not subject to any confidentiality obligations to the Disclosing Party or (c) is required to be disclosed by law, regulation or rule provided that the Receiving Party shall provide the Disclosing Party with prompt written notice of such obligation and shall reasonably cooperate with the Disclosing Party, at the Disclosing Party’s expense, as required to obtain confidential treatment for such information.
- Disclaimer of Warranties. OTHER THAN AS SPECIFICALLY STATED HEREIN, SONSHINE EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES IN RESPECT OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SONSHINE DOES NOT MAKE ANY WARRANTY IN RESPECT OF ANY RESULTS TO BE OBTAINED AS A RESULT OF THE USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, SONSHINE MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE FUNDRAISING PURPOSE WILL MEET YOUR EXPECTATIONS; (C) ALL OR ANY PORTION OF YOUR DONATIONS, INCLUDING, IF ANY, PROCESSING FEES, ARE TAX DEDUCTIBLE.
- Indemnification. You shall defend, indemnify and hold harmless Sonshine (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and attorneys’ fees) which Sonshine may suffer or incur in connection with any claim, demand, action or other proceeding by any third party arising from or relating to (a) any breach of your obligations, representations or warranties herein, or (b) any breach of third party privacy or data protection rights arising from or relating to your breach of obligations hereunder.
- Limitation of Liability. IN NO EVENT SHALL SONSHINE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SHAREHOLDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SITE OR ANY OTHER MATTERS CONTEMPLATED HEREIN OR (B) ANY AMOUNT EXCEEDING THE AGGREGATE PAYMENTS ACTUALLY RECEIVED FROM YOU IN THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM. YOU HAVE ALL RESPONSIBILITY FOR ANY DECISIONS MADE AS A RESULT OF ANY USE OF THE SITE
- Term. The term of these Terms shall commence on the day you accept these Terms (or, if earlier, on the day that you first use the Site). Sonshine may terminate these Terms by written notice to you if you have materially breached any provision of these Terms, if it has reason to believe you are making illegal use of the Site, or if you shared your account information with any third parties. Upon any termination or expiration of these Terms, Sonshine will cease providing you with access to the Site. Sections 3-5 and 7-13 of these Terms shall survive any expiration or termination thereof.
- Miscellaneous. These Terms and the exhibits thereto represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof. Sonshine and you shall be deemed independent contractors, and nothing herein shall be deemed to create any employer-employee relationship between the parties or authorize you to make any representations, warranties or contractual obligation on behalf of Sonshine. These Terms may not be modified or amended except in a writing executed by both parties. A waiver of any default hereunder of any provision of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Sonshine may assign its rights or obligations pursuant to these Terms. You agree not to assign any rights or obligations under these Terms other than due to change of control, merger, acquisition or sale of all or substantially all of your shares or assets; any attempted assignment other than as specifically stated above shall be null and void. If any part of these Terms shall be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the State of Israel, and the competent courts in the city of Tel-Aviv/Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder.