Terms of Use
General Terms of Use for "CartWizard" IntroductionWelcome to "CartWizard" App ("The App ").
- The App is the property of, and operated by Wedev Technologies Ltd. ("the Owners") and owned by it.
- The App enables Shopify Stores to facilitate The App on their stores to enable their customers, affiliates and alike, to send gift cards to third parties.
- This App, by default, do not allow cancellation of a transaction, return of a product, refund, other credits, etc. Therefore, it is advisable to read these Terms of Use thoroughly before using it.
- Your use of The App constitutes your agreement to these Terms of Use, which shall form the legal basis for any dispute between you and the Owners.
- In the absence of agreement to all the terms included in these Terms of Use, you must refrain from using The App or any part thereof.
- These Terms of Use Apply to the entire App and any system included therein, as well as to the use thereof and the content contained therein, including any products and/or services.
- In these Terms of Use, the term "Content" includes any service, product, source code, software module, software App, sketch, illustration, text, photograph, image, design, drawing, map, audio clip, video clip, graphic, expression, creation, knowledge or other information, in two-dimensional and/or three-dimensional form, in whole or in part, and in any means of communication and/or connection, whether paid or unpaid, by you and/or any third party, as well as any intellectual property rights, including, but not limited to, patents, trademarks, copyrights, and moral rights, and any other intellectual property rights associated with them.
- These Terms of Use Apply to all types of users ("Users"), either private of business one, either seller, buyer, manufactures, providers, as well as anyone else who uses who browses This App, accesses it in any way, and/or uses it in any other way ("Use").
- In these Terms of Use, the use of masculine or feminine language is for convenience only, and reference in any language implies reference to both women and men, and reference to the singular also implies reference to the plural and vice versa.
- Your Use of The App and the information contained therein is subject to these Terms of Use and exclusively to the Israeli Law ("The Law").
- The Owners reserves the right to change these Terms of Use, in whole or in part, and you hereby agree in advance that in any use of The App after the date on which these terms change, you accept the updated version.
- If you are under 18 years old, you are not authorized to use The App without the consent of your parents. By using This App, you confirm that they have read and agreed to these Terms of Use.
- Arrangements of any licenses for the purpose of using The App such as sales, manufacturing, delivery, shipping, etc. (including, but not limited to, business license, driver's license, or any other license), as well as insurance of any kind, tax payments, expenses, and arrangements of other matters arising from any legal provisions for the purpose of conducting professional, commercial, or other activities through this App are solely your responsibility as a User.
- Your use of any information, products, and/or services through The App is solely your responsibility and subject to these Terms of Use.
- The App is provided on an "as is" basis, and your use of it and the contents and services included therein are at your sole and full responsibility. The Owners does not guarantee that the content in The App will be updated at all times. Nothing in The App shall be construed as any recommendation by the Owners.
- The detailed provisions of the Terms herein shall not derogate from the generality of the above and shall be interpreted accordingly.
- These Terms of Use Apply on whoever has made, is making and/or shall make use of The App.
- These Terms of Use Apply to this App and any part hereof, including designs, source code, software modules and any other content of The App and/or which The App allows access to and/or their uploading or downloading, and they constitute an integral part hereof and of The App operation and/or services offered by it, with or without consideration.
- In these Terms of Use, any use of the masculine form or the feminine form is for convenience purposes only, and the provisions herein are intended to both men and women. Furthermore, any reference made to the singular shall mean to include the plural form as well and vice versa.
- The provisions of these Terms of Use are accumulative and/or substitutive and/or complementary, as relevant to the context.
These Terms of Use are an integral part of the Privacy Policy of The App .
- The Owners reserve the right to allow accessing to The App by registration process either by The App means or through third parties such as Facebook or others.
- The Owners reserve the right to allow or deny the use of The App at any time, as well as change and/or cease the option to do so, at their sole discretion.
- Access to The App or part hereof and the possibility to perform certain actions may be feasible for certain users yet limited for others, or may not be possible at all and/or involve the allocation of a user name and/or password and/or dependent upon the fulfillment of a questionnaire and/or the providing of personal details, and alike, at the sole and absolute discretion of the Owners.
- The Owners may initiate the requiring of the above without prior notice, or continue to require that, or cease to require that, or do so from time to time, without prior notice, at their sole and absolute discretion.
- CartWizard charges users through two primary methods: a monthly base price and a usage fee (success fee) based on orders generated by the app.
- Monthly Base Price:
- A fixed monthly fee for accessing and using the core features of CartWizard.
- Usage Fee (Success Fee):
- This fee is calculated based on the total amount of orders generated through the app.
- An order is considered generated by the app if any part of the order is tagged with features of our app, such as discounts, upsells, or other promotional tools provided by CartWizard.
- The usage fee will be applied to the total order amount of such tagged orders, ensuring that you are only charged for the actual value created by the app.
- By using CartWizard, you agree to these pricing terms and acknowledge that both the monthly base price and the usage fee will be charged as per the calculation methods described above and the plan you have chosen in the app.
- If you provided an email address, phone number, or other communication means, you hereby agree to accept messages by them including for advertisements, invitations, offers, notices and commercial messages of any sort. You are allowed to request the cessation of the transmission of the said messages in accordance with the provisions of any law by sending email to the Owners as detailed herein.
- By using The App, you hereby consent to the collection and follow up of your personal data, information, content, actions and usage habits, and these shall be used for various needs, including commercial and marketing ones.
- Information on this App may be inserted thereto by third parties such as information providers, services providers, sellers, users and alike, which the Owners shall not be responsible of and you agree that in using The App you may be exposed to inaccurate, offensive, indecent, or otherwise content that is objectionable to you. You also agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Owners with respect to any such Content.
- The Owners reserve the right to choose whether and which contents shall Appear and/or be advertised, or cease/continue to Appear and/or be advertised on The App or shall Appear/be advertised from time to time, all at their sole and absolute discretion and without prior notice or retroactive update.
- The Owners may, from time to time, change, add, derogate, delete and update The App contents and/or Appearance and/or operational method and/or usage method and/or products and/or services included herein, without prior notice and at their sole discretion.
- The Owners reserve the right to include in The App contents which constitute their/others advertisements and/or any other commercial contents ("advertisements").
- Pictures, illustrations and simulations Appearing in The App on behalf of the Owners for explanation purposes are for illustration only, and do not oblige the Owners.
- The advertisements or services offers Appearing in The App and/or sent to its users are at the advertisers'/ service-providers' complete and sole responsibility.
- The App contents may contain mistakes, including dates, prices, payment terms and more, and the Owners reserve the right to amend any such mistakes at all times without bearing any responsibility for the mistake and/or the amendments thereof.
You hereby agree that the Owners reserve the right to actuate access ways, search means and/or search engines in The App, to allow access to contents you uploaded or downloaded or other contents in The App or part thereof at the Owners' choice, as well as to change and/or cease to do so, at their sole discretion.
You hereby Approve that various faults may occur, deriving from various reasons which may prevent access and/or use of The App, or burden them, including communication difficulties and/or maintenance purposes and/or other reasons, and The App usage may be cut off and/or stopped without being completed and/or saved. The Owners shall be relieved of any responsibility thereof, and you should save in advance any information you consider making use of or uploading to The App, before doing so.
- The App may allow you to search, select, save or define products and/or services for their ordering and/or purchasing from the Owners and/or any third party which is a product seller or a services provider, as the case may be (all the aforementioned, "seller").
- You hereby allow the Owners/seller to make free use of your purchasing data, excluding the payment details which shall be used subjected to your explicit consent only.
- Products and/or services purchased by you, to the extent that such shall occur, are subjected to the provisions of The Law.
- Prices in The App, to the extent that such shall exist, are valid as of the date of their presentation, and may be updated and changed from time to time at the Owners'/seller's discretion.
- An order through The App may not be changed and/or cancelled but under the explicit consent of the Owners/sellers in writing and subjected to cancellation fees.
- The seller has the right to cancel an offer or a transaction, provided that the orderer is given a notice thereof within a reasonable period of time of the purchase Approval date, subject to refund of paid purchase payments up to that date.
- The title and ownership of the products and/or services, provided by the owners or other seller to the orderer, shall remain that of the relevant seller until the actual settling of all payments for all ordered products.
- In the event of a mismatch between the products and/or services ordered and those provided, the orderer shall be reimbursed, provided that he has not begun using the services or that he returned the products, in their original packaging, being undamaged, and so long as no usage of the product was made, and within 14 days as of the purchase date.
- In the event that products, ordered or purchased through The App, require the Seller's delivery, and the Seller has agreed to their delivery, the delivery cost shall Apply to the orderer.
- The products shall be supplied to the address provided by the orderer.
- The delivery date, indicated in The App, is in Israeli business days, and is an evaluation only, and may vary for various reasons including but not limited to import processes, administrative procedures, regulatory requirements, strikes, shutdowns, weather damages, war, force majeure and other circumstances which are out of the Sellers' control, and the latter shall not bear any liability thereof.
- If, under the frame of App usage, The App allows you to upload information and/or any contents, the responsibility for such contents, their meaning and their actual uploading, posting, publishing and/or sharing it Applies to you alone.
- Without derogating from the above, you may not upload any contents which may be offensive to any person, good name, privacy, proprietary or other rights, and hereby warrant that you have (and will continue to have during your use of The App ) all rights and licenses required to use the contents on The App . Uploading and using contents which are contrary to the provisions of these Terms of Use and/or any law is prohibited.
- It is your right to Approach the Owners according to the Contact Details hereunder and request the deletion of contents you or others uploaded to The App, and the Owners shall make an effort to fulfill your request, however, they do not undertake to do so.
- By uploading or posting Content to The App, you hereby grant (1) the Owners a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, share, prepare derivative works of, display, make available to the public, broadcast and publically perform that Content, including without limitation for promoting and redistributing part or all of The App (and derivative works thereof) in any media formats and through any media channels; (2) to each user of The App, a worldwide, non-exclusive, royalty-free license to access your Content through The App, and to use, reproduce, distribute, share, prepare derivative works of, display and perform such Content.
- The Owners reserve the right to edit, change and even delete such contents. You hereby provide your explicit consent to contents' changes and/or editing and/or deleting.
- It is your right to Approach the Owners and request the deletion of contents you uploaded to The App, and the Owners shall make an effort to fulfill your request, however, they do not undertake to do so.
- The responsibility for any act or omission, which does not comply with the above, Applies to you alone.
The App may publish to you and others any contents, advertisements, other Apps and/or sources, which are not at the control and/or supervision of the Owners. Therefore, the liability for any inconvenience or damage of any kind caused by any offensive, immoral, illegal materials, or as a result of and/or by the above, does not and shall not Apply to the Owners/Sellers and/or whoever on their behalf.
- The intellectual property rights for The App and any contents included herein are protected in Israel and abroad in virtue of The Law and International Conventions.
- The Owners respect the ownership rights and intellectual property rights of others, and so should you.
- This App and its contents are the sole property of the intellectual property rights Owners, and they are not your property, and they are not to be used but subject to these Terms of Use.
- Unless otherwise explicitly agreed upon in advance and in writing, the information and/or intellectual property rights of The App should be regarded as the Owners alone and/or as permitted to use by the Owners or third parties, inclusive of copyrights, moral rights, trademarks, service rights, brand names, models, patents, creations, designs, inventions, trade secrets, technological information, functional information, professional information, commercial and business information, and any information and/or intellectual property right, whether registered or not ("the intellectual property rights").
- Third parties, having intellectual property rights in contents uploaded to The App, without the Owners' knowledge of and/or consent to it, are requested to Approach the Owners and/or whoever on their behalf and report them of the matter through the email in the Contacts Details hereunder.
- The Owners reserve the right to enforce, change, amend, and prevent any use and/or upload to The App and/or advertising of contents infringing their intellectual property rights and/or those of third parties, and to demand any compensation and/or indemnity from whoever may have placed and/or places the Owners in a position of possible infringement of their and/or others' rights.
- The App and/or its contents are not to be used in an offensive manner towards an individual, his good name, privacy or rights. The App and/or its contents are not to be used in any manner that is contradictory to these Terms of Use and/or the provisions of any law, custom, or public regulation.
- Any download and/or use of The App and/or any of the contents included therein and/or taken therefrom, are for personal use only, and are not to be of any other use including business, marketing, massive or commercial use, unless permitted by the Owners, explicitly, in advance and in writing.
- Without derogating from the generality of the above, none of the contents and/or intellectual property rights of the Owners and/or third parties are to be used without their consent, including but not limited to, by way of cutting, pasting, saving as file, duplicating, distributing, processing, deleting, adding, changing, selling, renting, lending, transferring, coping, rewriting, publicly presenting, publicly performing, creating a derivative work, or in any other way.
- Whoever does so without the explicit permit of the Owners, in advance and in writing, to the extent possible and subjected to its terms, risks standing to criminal and civil trial, including orders of injunction, search, hold, monetary claims, ceasing of goods, arrest, imprisonment, and any other and/or additional enforcement means the Owners shall deem Appropriate.
- The permit, provided to you by the Owners, to make use of any contents on The App, is not and shall not serve, if and to the extent provided, to derogate from the Owners' rights, including Ownership rights in general and intellectual property rights specifically, and no deed or omission shall be interpreted as a consent for transfer and/or usage of any intellectual property right or other right, to the permit owner or to another individual, unless agreed upon explicitly, in advance and in writing, and subject to the rights titled/owned by the Owners, or that the latter have received from third parties, and subject to the provisions of any law.
- Without derogating from the above, "fair use" of the creation, as interpreted by any law, is permitted for the purpose of self-learning, research, audit, review, journalistic report, extracting quotations, instruction and examination by an educational institute only. In any fair use, the contents and App writers must be given credit. The contents is not to be damaged, distorted or altered in any way, or used for any offensive action.
You hereby undertake to indemnify and compensate the Owners and/or whoever on their behalf, for any deed and/or omission causing the Owners direct or indirect damage, loss, loss of profit, payment or expense, whether due to the breaching of these Terms of Use, whether due to the breaching of the provisions of any law, and whether due to any third-party pretense or claim.
The laws of Israel State shall solely Apply to the provisions of these Terms of Use and their interpretation, and the place of arbitration and jurisdiction shall be that of the authorized court of Tel-Aviv district or the central district only.
From time to time, these Terms of Use may be Applied with changes, updates, additions, deletions, at the absolute and sole discretion of the Owners, of which an announcement shall be advertised. If you are interested to continue and make use of this App, you shall be regarded as agreeing to the amended terms, unless they contradict the provisions of the law.
We shall make all efforts to handle, as soon as possible, Apps relevant to us. The said Apps should be submitted according to the following details: