Terms and Conditions
Last updated: September 17, 2018
AWONNA has developed a web-based service, operating as a platform/browser add-on for the management of prize winning and the operation of promotional games by electronic commerce website operators, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material.
This Terms and Conditions (this “Terms“) govern all use by you as a user of the AWONNA service (the “Service“). The Service is owned and operated by AWONNA ECOMMERCE LTD (the “Company“). The Service is offered subject to your acceptance without modification of all of the Terms contained herein and all other operating rules, policies and procedures that may be published from time to time on the Service or at any other place by the Company.
BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SERVICE OR AT ANY OTHER PLACE BY THE COMPANY. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT DOWNLOAD, INSTALL, USE OR ACCESS THE SERVICE.
The Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Terms at any time. It is your responsibility to check this Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing and otherwise using the Service.
When you download the application, you will be prompted to register for an account. After that, all of your interactions with the Service will be recorded, stored in our servers, and associated with your account. Among other things, your account will keep track of your mobile activity, including but not limited to: text messages, phone calls, calendar meetings etc.
The Company hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to download, access and use the Service solely for private and personal use (i) in compliance with this Terms, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Service (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Service; (v) engage in any activity that interferes with or disrupts the Service; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
As part of using the Service, you may create a password or any kind of additional security method. You are responsible for maintaining the confidentiality of the password or any kind of additional security method, and are fully responsible for all activities that occur on your phone or computer any other device. The Company cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your phone or computer or any other device.
You agree to defend, indemnify and hold the Company, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim“) due to or arising out of: your use of, contribution to or connection with the Service; your violation of this Terms; and/or your violation of any rights of another. The Company shall provide notice to you of any such Claim, provided that the failure or delay by the Company in providing such notice shall not limit your obligations hereunder. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting the Company’s defense of such matter.
The Company reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason or no reason with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or any loss or damage that may occur out of such actions by the Company.
The Company, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Service, at any time for any reason or no reason, including, without limitation, for lack of use, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Terms. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate any further access to the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of this Terms that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because the Company has no control over such websites and resources, you acknowledge and agree that the Company is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) ANY MATTERS BEYOND THE COMPANY’S REASONABLE CONTROL. THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICE, YOU HEREBY AGREE TO RELEASE THE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICE OR YOUR ACCESS AND USE OF THE SERVICE.
Please be advised that the Company is authorized by the websites to use its list of users and any data included in such list (all “the List“), in order to contact those users, and you among them. By participating in any one of the Company’s games, you hereby agree to receive from the Company messages, including via text messages, emails etc., according to the data included in the List.
Notices to you may be made via either email or regular mail to the address in the Company’s records. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. Any notice from you to the Company shall be sent in writing to our mailing address at http://awonna.com/contact-us.
The trademarks, service marks, and logos of the Company (the “Company Trademarks“) used and displayed in connection with the Service are registered and/or unregistered trademarks or service marks of the Company. Other company, product, and service names used in connection with the Service may be trademarks or service marks owned by third parties (the “Third Party Trademarks“, and, collectively with Company Trademarks, the “Trademarks“). The offering of the Service shall not be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company, any third party or the Company’s or third party’s products or services, or in any manner (in the Company’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless the Company approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Company Trademark shall inure to the Company’s benefit.
The Service may provide games, in which you may participate and have a chance to win prizes or receive purchase offers. It is hereby clarified that the Company is only the provider of the platform of such games; the prizes offers are provided by third party online stores, and such third party online stores are solely responsible for the actual providence of any prizes and offers. The Company shall not be liable to you or to any third party for any prize or offer, offered while participating in such games.
For the avoidance of all doubts, it is hereby clarified that the Company is allowed to review and examine each game, and to determine the validity of each winning process. In any case the Company determined, in its sole discretion, that the winning game was compromised, by any mean, the Company shall notify the third party which shall then decide how to proceed. In any case, the Company shall not be liable to any damages or other liabilities arising from such actions.
These Terms constitute the entire agreement between you and the Company and governs your use of the Service, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and the Company on the subject matter hereof.
The laws of the State of Israel shall govern this Terms. Any dispute which may arise in connection with this Terms shall be brought to the competent court in the Tel-Aviv district, Israel, which shall be granted exclusive jurisdiction.
The failure or delay of the Company to exercise or enforce any right or provision of this Terms shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms shall remain in full force and effect.
The section titles in this Terms are for convenience only and have no legal or contractual effect.