The website at _____ www.magic-kass.co.il__ (hereinafter - the "Website") and the application provided to you (the "User"), for your use and for download through the Website and / or through your mobile device or other communication device (hereinafter - the "Application" ) Belong to ___ Magic Kess Ltd. _____, 6__ Dikla St., H.P. ___515518264___ (hereinafter - "the application operator").
The fact that you enter the site and / or download the application and use it by you, does not involve the payment of a fee to the operator of the application and / or the site. The payments made through the app will only be payments in connection with the services selected by you.
For convenience, this agreement is written in masculine, but is intended for both sexes.
The site, the application and the services provided through them are provided to you as they are ("as is") and according to their availability ("as available") without any obligation and / or presentation and / or warranty of any kind, and you will have no claim, claim or demand towards the operator The application for the services, their capabilities or limitations. The operator of the application will not be liable, towards you or towards a third party for any damages and any loss or damage of any kind, which have been caused to any person, related and / or resulting from the services and / or the use of the application and / or the site.
The availability of the site and / or application and the functionality of the services depend on many factors, which are not under the control of the site or application operator, including software, hardware, communication networks, or other third parties (including those that provide cloud storage and mobile services). The app operator will not be liable for damages caused as a result of a disruption or malfunction which is beyond its control.
The operator of the application will be entitled, at any time, to block your access to the site and / or the application and / or to perform actions on them, and to receive the service, in whole or in part, temporarily or permanently, at its sole discretion, including in all cases: , Fear of misuse or unauthorized use, payment from the user has not been repaid on time or in full, fear of any other provision of this usage agreement and / or instruction appearing on the application screens and / or on the site and / or the law or considerations related to information security and management Risks, and all in addition to any other remedy that may be met and the operator of the application under any law. The operator of the application will notify the user immediately after the blocking, via the website or the application or by e-mail.
The operator of the application reserves the right to take any action as he sees fit and in his sole discretion, in order to ensure the security of the site and / or the application and / or the park.
The operator of the app reserves the right to request additional details in order to confirm the means of payment.
You acknowledge and agree that the Operator of the App will not be liable to him or to any third party, for blocking access to the Site and / or the App due to non-compliance by the User with his obligations under this Agreement, including in connection with payment of park fees or content consumption. Termination of access will not change and / or cancel any debt that will be created as a result of the use of the website and / or the application and / or services.
Certain information and data appearing in the application as part of the service are obtained from third parties. This information is provided to you as is (as is "" (without any obligation of the application operator or the customer of the service, or their responsibility of any kind, express or implied.
The application operator and the customer of the service do not guarantee that the information and data appearing in the application and which have been received from any third parties will be accurate and / or error-free and they do not guarantee the correctness or reliability of this information and data.
The user is obliged to notify the application operator, as soon as he becomes aware of it, in all the following cases: unauthorized use of your account, loss / theft of the mobile phone, loss / theft of the credit card. Such notification will be sent by the user to the service center of the application operator.
The user will be responsible for any use that is made of his account, including use that is not authorized by him, except for misuse of means of payment in accordance with the provisions of any applicable law.
Prohibited uses of the app Legal, immoral, and / or unauthorized and make any misuse and / or unreasonable use in relation to the purposes for which the service is intended; (B) use the Service for commercial or non-private purposes, without the express consent of the App Operator and the Customer in writing and in advance; (C) impair or disrupt the operation of the Site and / or the Application or the servers and networks that host it; (D) bypass all means used by the application operator to protect the privacy of users; (E) create a browser environment or frame or create a mirror or deep linking to any part of the Service without the express prior written permission of the application operator; (F) create a database by systematically downloading and storing all or part of the Content, Among other things, through automated tools and technologies for scanning information, mining data and / or automatically retrieving or collecting information from the application ("crawlers", "automated data mining tools", etc.); (G) transmit or make accessible in any other way, in connection with the Application, any virus, "worm" (worm), Trojan horse, bug, spyware, malware, or any computer code, file, application or other software which May be harmful, or intended to harm the activity of the application; (F) violate any of the terms of the agreement.
Commercial content The application operator may publish on the application and / or on the site various commercial content, such as advertisements and / or impulse notices, which are submitted for publication on behalf of the application operator and / or on behalf of third parties, and which are based on information received from the application operator. Use of this site constitutes your express consent to this matter.
Changes to the app, termination of service and support
Without derogating from the above, the application operator may change or delete all or part of the application and / or the site, in its sole discretion, and also stop at any time the provision of services in the application, in whole or in part at any given moment.
The app operator makes every effort to maintain the integrity of the app. If you find out about an error in the application, please notify the application operator.
Registration for services and collection of information Providing details and personal information to the app operator
In order to receive the services, information is provided through the website and / or the app provided at the time of registration as well as information during your use of the services, all as detailed below (hereinafter: "Personal Information" ).
You have no legal obligation to provide the personal information. The delivery of personal information is done with your full and free consent. However, if you decide not to provide the requested information, there are services that we will not be able or willing to provide to you.
The personal information you provide to us as part of the Services will be stored and stored in the database of the application operator, which is managed in accordance with the Privacy Protection Law, 1981 (hereinafter: "Privacy Protection Law" ) and regulations under it, including for direct mailing.
Early registration for toilets and / or entrance to the park The website and / or the application contain services and activities that can only be accessed through early registration. When registering for a particular service, you will be asked to provide a number of personal details about you that are necessary for the activity or service (such as first name, last name, residential address, email address, etc.). Your details in registering for the service constitute a statement on your part of their correctness and you must provide full and correct details.
Direct registration The operator of the application may determine and add from time to time other and additional ways of registration, including direct registration that does not require identification through a social network account. During such registration you will be asked to provide us with personally identifiable information and contact details with you, such as your full name, active email address, your age and more.
Your consent to the storage and use of information By using the site and / or the application, you give your consent that the application operator and / or its business partners (such as: advertisers, service providers, storage companies in Israel or abroad) will preserve and use the information you provided when registering for the site and / or information received following your use of the site.
The same information will be stored with the application operator and / or with someone on his behalf and will be used in accordance with your consent below and in accordance with law.
The use of information You know, and you agree, that the operator of the application and / or anyone on its behalf will be able to use the personal information and information about your habits of use of the services in accordance with this policy, inter alia, for the following needs:
Operate, manage and provide the services, including, control for the purpose of providing and improving the services (such as: user identification, call handling, technical support service and fraud detection). The app operator will use personal information to answer user questions about using the service, as well as provide technical support services.
The operator of the application and its business partners may contact you and send from time to time by e-mail and in any other way information and / or advertising information about other activities and services, whether information that the operator of the application publishes itself or through others. Use of the website and your approval to receive advertising content mailing indicates your express consent to receive advertisements from the application operator and / or anyone on its behalf, within the meaning of this agreement in the provisions of section 30A of the Communications (Bezeq and Broadcasting) Law, 1982. The advertisements will be sent to you. During the registration to the site, or the details that you have given us access to as long as you register to serve through your account on social networks, or in any other case where you provided the app operator with your details, such as through the contact forms included in the service.Know that at any time you can withdraw from your consent and notify the app operator of a refusal to accept advertisements, usually or of a certain type, by sending a refusal notice. The way to send the rejection notice will be specified in the advertisement sent to you by the app operator and / or someone on its behalf or by contacting the legal department of the app operator by email [firstname.lastname@example.org] The app operator will also be allowed to use the details And content that does not constitute an advertisement.
מפעיל האפליקציה רשאית להשתמש בפרטים שנמסרו על ידך ובמידע שיאסף על ידה בנוגע לתחומי העניין שלך, דפוסי השימוש והרכישה שלך, מידע או פרסומות אותם קראת, העמודים שגלשת אליהם וצפית בהם, השירותים וההצעות שהתעניינת בהם, מיקומך בעת השימוש, נתוני כתובת האינטרנט (IP address) שבאמצעותם ניגשת לשירות, סוג מערכת ההפעלה המשמשת אותך, סוג המכשיר הקצה שברשותך ומידע אודותיו אמצעי התשלום ששימשו אותך ועוד.
Some of the services on the site are managed by third parties who are in one cooperation or another with the application operator. In cases where you purchase or are interested in purchasing products or services on the site and / or as part of a collaboration between the application operator and a third party, the information you agree to transfer to those parties will be passed on to partners or advertisers. Use of this information is subject to the privacy policies of these service providers and the privacy policies of the site.
The operator of the application may use the information to provide site services, identification during re-visits to the site, operation and development of the site, fundraising, editing accounts, analyzing and providing statistical information to third parties (including advertisers), and improving the services and content offered by the application.
Contacting you, and creating personal areas on the site that you can adjust to your preferences, to purchase various services and products on the site, sending content mailings and advertisements in accordance with your consent.
Match ads and content that will be displayed to you when you visit the site. The information used by the application operator for this purpose will not personally identify you by name or contact information (address, telephone).
When using the site using an application that you have downloaded to your end device, the app operator may send you push notifications via the application interface or your end device. Please note that such messaging is a built-in feature on some end devices. The app operator cannot turn off and / or disconnect this feature on your device and if you choose to stop receiving such messages, you will need to remove this feature in relation to the app independently, by using the relevant settings menu on your end device.
Some of the services provided on the site are "location-based services", which use GPS technology to determine your location and provide you with content or publications that are as compatible as possible with this location. These services cannot be provided without your consent to the use of this technology and therefore in the actual use of the website you agree to this use. You can turn off the ability to detect your location at any time by disabling this feature in your end device settings.
The information contained in the cookies relates, among other things, to the pages you have visited, the sites that led you to the sites you browse, the length of time you have browsed the sites, sections that are of particular interest to you and more. If you do not want cookies to be present, you can disable them by changing the settings in your browser (you can use the browser help file for this purpose). In addition, you can delete the cookies on your computer at any time. Please note that it is suggested that you do so only if you are convinced that you do not want the ads on the site to suit your preferences. To update you, disabling cookies may prevent you from using some of the services and features on the site, or on other websites.
Some of the ads you see while visiting the site may come from third-party servers that run the site's ad serving system, including through companies such as Google, Taboola, out brand and others. You ad management requires these companies to require placing cookies on your computer using network equations. Web Equations are tiny, graphically-identifiable graphical files embedded in web pages that help gather information about viewing and using the Site, as well as audience data (such as age, gender, and interests) generated from Google-based advertising or other advertisers using dedicated code.
In addition to the above, the operator of the app reserves the right to disclose any personal information about you or about your use of the site including non-personal information and the content of the use without your permission, if this action is essential to:
Comply with legal requirements or comply with orders issued in a legal proceeding or by a competent authority under any law;
In any case where the provision of information will be necessary in order to prevent serious damage to your body or property, or to a third party.
In the event that the application operator believes in good faith that the action is essential for compliance with the requirements of the law and to protect its rights, in the event of a claim or claim against it and in the event that legal proceedings are conducted between you and the application operator.
Data Security The application operator considers it very important to maintain the privacy of the users of the site and / or the application and to secure the information in the systems that it operates. Accordingly, the application operator operates systems, applications and procedures for information security, designed to minimize the risks of theft, damage, loss or unauthorized access to information, in accordance with the provisions of the Privacy Protection (Information Security) Regulations, 2017.
However, the application operator can not guarantee that these applications will absolutely and hermetically guarantee that personal information will not be exposed, lost or stolen from the databases. Therefore, the application operator does not undertake, and you can not reasonably expect, that the services and information systems used by the application operator will be completely immune from unauthorized access to the information stored therein. By actually using the Services, you are aware of and agree to these limitations.
You agree to keep the username and password you have chosen for logging in to the site confidential and to report to the app operator in case you find that someone has used them without your consent. Otherwise you may be responsible for the use he makes of them (including payment for services) even if done without your consent. You also agree not to use the username or password of another.
You hereby acknowledge that the operator of the application will not be liable for any damage caused to you of any kind, directly or indirectly, if caused, as a result of intrusion into the application and / or website and / or databases and / or such data traffic, provided the application operator takes reasonable steps And are accepted to prevent such intrusions.
Under no circumstances will the application operator and / or the customer of the service and / or anyone on their behalf be liable for any damages (including, but not limited to, direct, indirect, consequential, including damages resulting from loss of profits, data loss, loss of documents, file recovery , Disruption of the course of business, etc.), as a result of use, inability to use or the results of the use of the application and / or the site and the service, whatever the cause or cause of the damage, notwithstanding what is stated in any law or agreement.
Your right to contact us If you believe that content that offends you for any reason has been published on the website and / or in the application, or that the content violates your rights, you are welcome to contact: [02-5441919] and by e-mail: [email@example.com] In your request, you must specify What is the alleged injury or violation, what is the offending or infringing material, as well as your personal details for contacting. In addition, you must declare that your request is made in good faith in the belief that you have the right to take this action and the app operator will try to handle your request as soon as possible.
In addition, the Privacy Protection Law gives every person the right to review the information held about him in the database, as well as the right to ask the database owner to correct or delete the information if the information held about that person is found to be incorrect, incomplete, clear or up to date. Therefore, know that you are entitled to contact the application operator with a request to correct or delete the existing information about you, insofar as it is not accurate as stated. In addition, to the extent that the information contained in the application operator's database is used to contact you personally based on your affiliation with a population group, which is determined by one or more characteristics of people whose names are included in it, you are entitled by law to have the information relating to you deleted from that database. The refusal of the database owner to fulfill this request can be appealed to the Magistrate's Court.
Statistical information (non-personal information) "Statistical information" is information that includes various data that do not identify and can not lead to your disclosure and discovery of the data source.
The application operator and the customer of the service may also collect information about you in a way that does not identify you, and that is information that is not personal. As part of the use of the Services, anonymously, statistically and cumulatively collected information will be collected and stored passively (ie, without any action of providing information by a user). Like many other widgets, non-personal information may be automatically collected, which will be analyzed by the app operator and / or someone on its behalf in order to evaluate how visitors use the app and for its management, improvement and promotion of the service. The non-personal information may be disclosed to others and stored permanently in the archives for future use. It will be clarified that statistical and anonymous information is not subject to the privacy protection laws and the operator of the application and / or the customer of the service may collect, deliver and share this type of information without restrictions.
The information you provide and accumulate during normal use will be used in an aggregate manner (without the possibility of linking user information to data) for the research and planning needs of the service customer. Approval of this agreement also constitutes individual approval for the use of such data.
The application operator or anyone on his behalf may store information as stated in this section (statistical information) not identifying without any restrictions.
general Without derogating from the above, the application operator will keep confidential all information in its possession about the user, unless required to provide this information in accordance with any law and / or in cases where the transfer of information to a third party is required for the application operator and / or service provider. / Or for the purpose of charging the user for it.
The operator of the application will not infringe on the user's privacy and will comply in this matter with the provisions of the Privacy Protection Law, 5741-1981, and the provisions of any other law in the matter.
Special conditions regarding the use of the website for the purpose of making purchase transactions
A user requesting to purchase tickets for the park through the website will be subject, in addition to the other provisions listed in this agreement, to the provisions listed in this chapter below.
Notwithstanding anything else stated in these Terms and Conditions, the option of purchasing tickets through the Website is possible only to users who have reached the age of 18.
In order to purchase tickets through the website, the user will be asked to provide various details including the name of the means of payment, telephone number, e-mail address, and details of the means of payment (as defined in section 5.5 below). A user who does not provide this information, in whole or in part, will not be able to purchase tickets through the site. The user undertakes to provide correct and accurate details. The operator of the application will be entitled to take appropriate legal, criminal and civil action against a user who knowingly provides incorrect details when purchasing tickets. In addition, it is recommended that you share a face photo so that we can provide you with a better and safer service - please see details regarding the use of your face photo above.
Payment for the tickets can be made by credit cards of various types as published on the website from time to time (such as Visa, Isracard, MasterCard, Diners and American Express) or by other means of payment that will be published on the website from time to time (hereinafter - "Means of payment" ) The payment for the purchase of tickets will be charged immediately upon completion of the purchase procedure as described in this chapter.
The provision of the details of the means of payment by the user means that the user has the means of payment or that the user is given permission by the owners of the means of payment to use it for the purpose of purchasing the tickets. Payment by any user is subject to review of the details of the means of payment and approval of the booking of the tickets by the credit card companies, the bank or a similar relevant party, as the case may be. Upon completion of the order process the order will be confirmed by e-mail which has been delivered by the user.
It will be clarified that the purchase of the tickets is subject to the confirmation of the order and the details of the means of payment by the credit company or, if it is another means of payment, by a similar relevant party.
At the end of the operation, after the order details have been confirmed by the user, the system will display a confirmation that includes all the order details with a message that the operation has been completed successfully.
After placing the reservation, a ticket to the park will be sent to you by email and / or will be available in the application and / or in a dedicated message that will be sent to you. In order to receive the cards, it is mandatory to bring the means of payment with which the order was made (for example: as long as the means of payment is a credit card, the credit card with which the purchase was made must be brought).
It is clarified that the operator of the application may, but does not have to, block the user's ability to use the services provided on the site and / or the application, including canceling his order for the card, without any prior notice, in respect of any of the following cases:
The user provided incorrect or missing information when registering on the site.
The user has violated the terms of this agreement.
The user used the site and / or the services to commit an illegal act under the laws of the State of Israel (hereinafter: "illegal act" ), tried to commit an illegal act, or to assist or encourage the commission of an act illegal.
The user has committed an act that harms or may harm the site or the site management or its users.
The prices of the tickets displayed on the website are denominated in new shekels and include VAT in accordance with its lawful rate at the time of approval of the purchase of the tickets by the user, except in the event of a clerical error.
The company has the right to change prices at any given moment, but will not be in the aforesaid change to affect an order made and paid goes to the change of price as stated.
In any case of damage caused as a result of cancellation and / or change of any kind, the operator of the application is not responsible for a refund to the user, and the user will not have any claim and / or claim against the operator of the application.
All details provided by the user in accordance with this section will be stored in the databases of the application operator, subject to the provisions of the law.
Cancellation of a transaction in accordance with the Consumer Protection (Cancellation of a Transaction) Regulations, 2010 and the Consumer Protection Law, 5741-1981.
Intellectual Property Rights
As long as you send to the application operator and / or to the authority comments, suggestions, improvements or any material concerning the application, including but not limited to its development, design, promotion, you will not be entitled to any consideration or compensation for the application operator's use of them. The app to make use of any such offer.
Internet and Cellular Network Risks The operator of the app and the customer of the service invest a lot of effort in protecting against the risks inherent in the Internet and cellular, as long as the protection against them is in his hands. However, it is not in the ability and / or control of the application operator and the service customer to completely prevent the intrusion and operation of malicious software and hostile factors such as viruses, "worms" (worms), Trojans, bugs, spywares, malwares, or Any computer codes, files or other software that may infringe on your privacy, eavesdrop on network traffic, break into the databases of the application operator and service customer, servers or computers, impersonate the application or application operator and service customer, commit online scams and fraud, damage or sabotage the application activity And / or the services.
Special terms regarding third party components The application may use or include software, files and / or components subject to license terms including third party open source licenses ("Third Party Components"). You may use third party components as part of, or in connection with the application solely subject to your compliance with the applicable license terms and / or accompanying the relevant third party components. In the event of a conflict between the license terms of a third party component and these terms, the license terms of the relevant third party component will prevail with respect to these third party components only. These terms do not apply to all third party components that accompany and / or are included in the application and the operator of the application and the customer of the service remove all liability related thereto. The user acknowledges that the operator of the application and the customer of the service are not the creator,The owner or licensor of third-party components, the operator of the application and the customer of the service do not make any representation or commitment of any kind, express or implied, regarding the quality, capabilities, operation, execution or suitability of this or any third-party component.
Law and Jurisdiction Only the laws of the State of Israel shall apply to this agreement and its interpretation. The competent courts in the Tel Aviv District shall have exclusive jurisdiction in any dispute or dispute that may arise between the parties as a result of this Agreement.