Terms and Conditions

Your Agreement to Be Bound by These Terms and Conditions

Thanks for accessing, browsing and using our website (“Website“). The Website is owned and operated by AY Garage Ltd. (“AYG”), an Israeli company. These Terms and Conditions are a legal agreement between You and AYG regarding Your use of the Website. For the purposes of these Terms and Conditions: “We”, “Our” and “Us” refer to AYG while references to “You” and “Your” refer to you, the person accessing browsing or using this Website (including if You access, browse or use this site on the behalf of an entity/organization, in that case “You” or “Your” will also refer to that entity/organization).

By accessing, browsing, or using (collectively, “Use”) this Website, You are agreeing and warranting that You have read, understood, and agreed to be bound by these Terms and Conditions, without any qualification or exception, and that You have the capacity to agree to these Terms and Conditions.

If You do not agree (or lack the capacity to agree) to be bound by these Terms and Conditions, You must cease Using this Website.

 We reserve any rights not explicitly granted in these Terms and Conditions.

Israeli Law and Exclusive Jurisdiction of the Tel-Aviv Courts

You agree that the laws of the State of Israel, excluding its choice of law rules, will apply to any disputes arising out of or relating to these Terms and Conditions or the Website or information or materials contained in the Website, including the privacy policy. All claims arising out of or relating to these Terms and Conditions or the Website or information or materials contained in the Website, including the privacy policy will be litigated exclusively in courts of Tel-Aviv, Israel, and You and AYG consent to personal jurisdiction in these courts.

Scope of These Terms and Conditions

These Terms and Conditions refer only to Your Use of this Website. Use of the AYG’s products and services are governed by other agreements. Your right to Use the Website is personal, revocable, limited, non-exclusive, non-transferable and conditioned upon your continued acceptance of, and compliance with, these Terms and Conditions.

AYG’s Right to Modify This Website and Any Information in It

We reserve the right to withdraw, modify, or change this Website (including the information or other materials in it) or terminate this Website and stop displaying it at any time and without notice at Our absolute discretion.

AYG’s Right to Modify These Terms and Conditions

We may modify these Terms and Conditions at any time, and such modification shall be effective immediately upon the posting of the modified Terms and Conditions on this Website. Accordingly, Your Use of this Website after such modified Terms and Conditions had been published shall be deemed as Your acceptance of the modified Terms and Conditions.

Proprietary Rights

The content and materials contained in this Website are protected by applicable copyright and trademark law.

Using the Website does not give You ownership or license to any intellectual property rights in our Website its content or materials. AYG and its licensors retain and reserve all right, title and interest in the Website and in the content and materials posted by AYG.

You may not Use content from our Website unless You obtain permission from the content owner or You are otherwise permitted by law to Use the content.

These Terms and Conditions do not grant You the right to Use any branding or logos used in our Website. Do not remove, obscure, or alter any legal notices displayed in or along with our Website.

Content of Third Parties

Our Website may display some materials and information provided by third parties. Any such materials and information , including but not limited to articles, press clippings, opinions, advice, statements, or other materials and information made available by third parties are those of the respective third party and not of AYG. Such content is at the sole responsibility of the respective third party that makes it available. AYG makes no representation or warranty with respect to such third party materials and information, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such materials and information.

 Our Website may contain trademarks of third parties these trademarks are the property of their respective owners.

Links

This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained in or accessible through those websites. Your Use of these websites remains solely at Your own risk.

Complaints

If You believe, any information or materials on this Website infringe Your rights, or are Objectionable Material as defined below, please contact us at: http://fochica.com/contact-us/ .

Security

Do not Use this Website if You have reason to believe that Your access to the Website is no longer secure.

Privacy

AYG’s privacy policy explains how We treat Your personal information and protect Your personal information (if and to the extent we shall collect it).

Misusing This Website

When Using the Website You must follow, any policies made available to You within the Website. Do not misuse the Website. You may Use the Website only as permitted by law. In particular, You agree that, You must not: (i) upload, post, transmit or disseminate any information or content on or via the Website which is or may be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (“Objectionable Materials”); (ii) upload, post, transmit or disseminate any information or content on or via the Website which causes or may cause an infringement or breach of the rights of any other entity, (iii) upload, post, transmit or disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation on or via the Website (iii) interfere with the proper working of the Website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iv) interfere with any other person’s use and enjoyment of the Website; (v) disclose on or via the Website confidential information of any person or entity including without limitation our confidential information.

Unsolicited Ideas and Information

AYG does not want to receive confidential or proprietary information from You through the Website (or through other means), unless We expressly agree otherwise in writing. Please note that any information or material sent to AYG will be deemed NOT confidential. By sending AYG any information or materials, You grant AYG an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, these materials or information. You also agree that AYG is free to use – for any purpose – any ideas, concepts, know-how, or techniques that You send AYG.

PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN AYG’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO AYG. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO AYG OR ANYONE AT AYG.

Disclaimer of Warranties

AYG does not make any specific promises about the Website or the information and materials contained in the Website, including the Privacy Policy. We provide the Website and the Information and materials in and via the Website “AS IS”. To the extent permitted by law, We exclude all Representations and warranties.

AYG assumes no responsibility (and expressly disclaims responsibility) for correcting or updating the Website, for omissions or typographical errors, for keeping the information and materials on the Website current, or for ensuring the accuracy or completeness of any posted information or materials. Accordingly, You should verify the accuracy and completeness of all posted information and materials before making any decision related to anything described in the Website.

Your Use of the Website (and of any information and materials contained in it) is at Your sole risk.

Liability for our Website

IN NO EVENT WILL AYG or any of its DIRECTORS, OFFICERS, employees, or agents BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU OR OTHERS, IN CONNECTION WITH THE WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED IN IT, HOWEVER CAUSED OR ARISING AND UNDER ANY THEOR AYG Y OF LIABILITY LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE). THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT AYG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE ARISING. YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT AYG HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS AND DISCLAIMER WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND AYG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Statute of Limitation

You will not bring a legal action against AYG more than ONE (1) YEAR after the cause of action arose, unless otherwise provided by applicable law without the possibility of contractual waiver.

Indemnification

You agree to promptly indemnify, defend and hold AYG harmless upon Our request from any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these Terms and Conditions.

Term

These Terms and Conditions will take effect at the time you begin Using the Website, and shall continue until terminated by AYG, other than those provisions, which by their terms are intended to survive termination, including without limitation, disclaimer of warranties, limitation of liability, statute of limitation, indemnification and law and jurisdiction.

Miscellaneous

If You do not comply with these Terms and Conditions, and We do not take action right away, this does not mean that We are giving up any rights that We may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

 

March, 2017

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