Terms & Conditions

Last Updated: January 3rd 2022

Preamble

These terms of service (“Terms”) listed below constitute the entire agreement between you and G.R.A.S. Designs and Integrations Ltd., (“G.R.A.S.” or “us”, “our”, “we”), in relation to and governing your access and use of our Website, ("the Website").

By using the Website, you signify that you have read, understood, and unconditionally consent to both these Terms and our Privacy Policy, which is available at: https://designbygras.com/eng/conditions-of-use

If you do not agree to any of these Terms, please do not browse or send us any personal information through the Website.

By making use of the Website or contacting us through the Website you hereby declare and confirm:

(1) That you are at least 18 years old and that you have the right, authority, and capacity to enter into these Terms of Use and/or to abide by all of the terms and conditions set forth herein.

(2) you have read, understood and agreed to these Terms and our Privacy Protection Policy.

G.R.A.S. reserves the right to change, modify or update the Terms and the content of the Website at any time without prior notice, including updates that modify or remove previously available functionality.

G.R.A.S. will publish a notification on the main page of the Website following such changes in our Data Protection and Privacy Policy or these Terms of Use in order to notify you thereon and where applicable reacquire your consent.

You agree to make use and interact with the Website only as permitted under these Terms, and you know that you may only make private and non-commercial use of the Website and are prohibited from making commercial use of our Website, and/or that you may not make any illegal or prohibited use of our Website as prescribed under applicable law.

To this end, you will not permit any third party to:

(a) impersonate another user or otherwise misrepresent yourself in any manner;

(b) defame, abuse, stalk or threaten any person through your use of the Website;

(c) circumvent, disable, or otherwise interfere with security-related features that prevent or restrict use or copying of any content; or

(d) use any robot, spider, website search or retrieval application, or any other manual or automatic device or process to retrieve, index, search or data-mine the Website.

(e) syncing and sharing a post from your social media accounts on G.R.A.S.'s social media accounts which contains any images or content through our Website's social gallery which is illegal, offensive, violent, sexual or which infringes upon the privacy of third party individuals.

Furthermore, You may not, nor may you assist other parties to:

(a) copy, modify, adapt, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website or any content uploaded onto it;

(b) reverse-engineer, disassemble, or attempt to derive the source code of the Website or any software of code embedded in the Website, or

Intellectual Property. G.R.A.S., its licensors or its content providers shall at all times solely own and maintain all right, title and interest in and is protected by copyright, trademark and other applicable laws, in regards to:

(a) the Website, all content therein (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) and related documentation and all enhancements, derivatives, bug fixes or improvements to the Website;

(b) all trade names, trademarks, and logos of G.R.A.S. and the photos uploaded by G.R.A.S.. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners.

Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of G.R.A.S. or any third party.

You shall fully indemnify, defend, and hold harmless G.R.A.S. against any and all claims, demands, damages, costs or expenses (including reasonable attorneys’ fees and court costs) which G.R.A.S. may suffer or incur in connection with any claim, demand, action, lawsuit or other proceeding whatsoever by You or third party, arising directly or indirectly out of:

(a) any breach of these Terms or anyone using your computer or mobile device;

(b) any claim, loss or damage experienced from your use or attempted use of the Website, including any message or content you transmit through the Website;

(d) your infringement of any right of any third party.

THE WEBSITE AND THE CONTENT UPLOADED THEREON ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND BY G.R.A.S. G.R.A.S. EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, G.R.A.S. FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED REGARDING (I) THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; AND/OR (II) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE WEBSITE

THE USE OF THE WEBSITE, THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE WEBSITE, IS DONE AT YOUR OWN RISK AND WITH YOUR CONSENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.'

G.R.A.S IS NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR TIMELIER SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK. THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION NECESSARILY IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY.

SOME ITEMS MAY APPEAR SLIGHTLY LARGER OR SMALLER THAN ACTUAL SIZE DUE TO SCREEN DEFAULTS AND PHOTOGRAPHY TECHNIQUES. OTHER ITEMS MAY BE REPRESENTED AT A LARGER THAN ACTUAL SIZE IN ORDER TO CLEARLY SHOW DETAILS, OR SMALLER THAN ACTUAL SIZE IN ORDER TO SHOW THE ENTIRE ITEM.

Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE.

NEITHER G.R.A.S. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT G.R.A.S. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL G.R.A.S.’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE, EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Registration and Managing an Account

Some features on the Website may require registration and opening an account. Your use of the Website through a registered user account is subject upon you agreeing to provide true, accurate, current and complete information about yourself. While you have no legal obligation to provide any Personal Data or Information to Us, if you do not do so, some of our services will not be available to you (e.g. online shopping, "Elite Membership", a registered account etc).

Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have reason to believe your password has been exposed online or publically, stolen or access by an unauthorized party, notify us immediately so we may suspend all activity in your account pending investigation and coordination with you to reset your account entrance credentials and/or review recent purchases.

Delivery of Purchased Products and Return/Refund Policy

Delivery of products purchased through our online shop are subject to our "Shipments and orders" Policy (https://designbygras.com/eng/shipments-and-orders)

Cancellation and Return/Refund of products purchased through our online shop are "RETURN AND EXCHANGE" Policy (https://designbygras.com/eng/exchange-return-policy)

Processing of Personal Information

During your use of our Website personal information will be collected and saved on G.R.A.S.'s servers under the provisions of applicable privacy protection law, and inter alia also the Israeli Protection of Privacy Law, 5741-1981 (the "Privacy Law").

By making use of our Website and choosing to register to receive G.R.A.S.'s updates, newsletters, notifications, You hereby certify that in each such instance the information you provide on the registration form is accurate and pertains only to you.

G.R.A.S. reserves the right to deactivate or suspend your ability to access and/or make use of the Website for any reason, at its sole and absolute discretion.

You may opt out of receiving any newsletter or other communication by G.R.A.S. stated herein above in this Section 9 by unsubscribing via the designated link on the applicable notification previously received.

Should you encounter any problems or difficulties with subscribing to or unsubscribing from G.R.A.S.'s updates and notifications, please contact us at: [email protected]

Please note that G.R.A.S. may, at its sole discretion reject or deny your ability to make use of the Website or to contact us through the Website if We deem that such activities are associated with fraudulent activity, competitive activity or for any other reason it is found, in good faith, as malicious or offending.

Term and Termination

Unless set out otherwise by G.R.A.S., these Terms shall come into effect and commence on the date that you open the Website and/or register to receive newsletters and notifications and shall lapse on the earlier of:

(a) the date you stop using our Website,

(b) the date of your attempt to circumvent any technical protection measures used in connection with the Website; or

Upon termination hereof, you must cease all use of the Website, and with such termination of your access or use not constituting a waiver of any rights or affect any other right or relief to which G.R.A.S. may be entitled at law or in equity.

Without limiting G.R.A.S.'s statutory rights to terminate or G.R.A.S.’s other rights and remedies, G.R.A.S. is further authorized to suspend your access to our Website, at any time without notice, without incurring any liability for compensation in the event and with such suspension of your access or use not constituting a waiver of any rights or affect any other right or relief to which G.R.A.S. may be entitled at law or in equity.

G.R.A.S. may retain copies of Personal Data you provided to it as part of your use of the Website, where it has an overriding legal interest which requires it to preserve such copies, for example for the purpose of fulfilling legal obligations or to handle legal disputes or in order to comply with any order or writ issued by a competent court or governmental authority.

Any retention of your personal information and details will performed as provided for our Data Privacy Policy.

G.R.A.S. reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice.

Privacy and Data Protection.

You hereby understand and agree that G.R.A.S. will collect certain data from you when you browse or make use of our Website, including information that may personally identify you.

G.R.A.S. will use such data only in accordance with its Privacy Protection Policy, which is available at: https://designbygras.com/eng/privacy-policy

(a) Notices and Correspondences.

You hereby agree that should you provide us with contact information during your registration process, via a "Contact Us" form or through e-mail correspondence that by virtue of accepting these Terms and our Privacy Protection Policy – that you hereby agree that G.R.A.S. may contact you on the basis of such information by electronic means, including but not limited to email communications, SMS or text messages, via the information provided as mentioned above.

Notices sent by electronic means shall be deemed received when they are sent, and will be responded to as soon as reasonably possible according to the nature of the correspondence/notice.

(b) Entire Agreement.

These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other previous agreements between the parties regarding the subject matter hereof. G.R.A.S. may assign its rights or obligations pursuant to these Terms. Users shall not assign any rights under these Terms and any attempted assignment shall be void. If any provision of these Terms shall be deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give maximum effect to its terms as permitted under 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.

(c) Jurisdiction.

These Terms shall be governed by the laws of Israel and any dispute, controversy or claim arising out of or relating to these Terms, will be referred solely to the competent courts of the District of Haifa, Israel.