The following terms and conditions govern your use of the MALCA-AMIT web site (hereinafter: “MA Web-Site”). Your viewing or use of the MA Web-Site will constitute your agreement, on behalf of yourself and the company/account you represent (hereinafter collectively “you” or “yourself” or “the company” or “the account”), to all of the terms and conditions provided below.
USE BY CUSTOMERS OR YOU
“Customer” means the Person that is your employer (1) and that has registered and been assigned an Account to use or access the MA Web-Site, if an Account is required for such use or access, or (2) when the first use or access is made that does not require an Account for use or access; and “You” means, as applicable, you as an individual and the Customer.
You represent and warrant that You have reached the age of legal majority and, if applicable, You can form legally binding contracts under applicable law on behalf of the Customer relating to the use of MA Web-Site or any of its services. If at any time You are no longer authorized to form legally binding contracts under applicable law on behalf of the Customer relating to a MA Web-Site Account, You may no longer use such MA Web-Site Account in any manner whatsoever.
The MA Website is provided solely for the use of current and potential MALCA-AMIT customers to interact with MALCA-AMIT and may not be used by any other person or entity, or for any other purpose. Only authorized users with qualified passwords are allowed to use parts of MA Web-Site functions that require such authentication for use. MALCA-AMIT does not accept recommendations for new services or products through the MA Web-Site and if such information is received, it will not be considered confidential and MALCA-AMIT will be deemed free to use, communicate and exploit such information in any manner it chooses.
You may choose to register with the MA Web-Site by completing an Account Application Form, provided by MALCA-AMIT. Approved MA Website account applications currently provide you with access to the password protected areas of the MA Web-Site as well as the general content available to the public. In the future, MALCA-AMIT may add other features that may be accessed through the public and/or private areas of the MA Web-Site. In such event, previously registered users may or may not be required to re-subscribe, at Malca-Amit ‘s discretion.
By registering with the MA Web-Site, you agree to provide accurate and current information about you, your company, and any representatives or affiliates of you and/or your company, as prompted by the form and maintain and promptly update your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or MALCA-AMIT has reasonable grounds to suspect that such information is inaccurate or not current, and MALCA-AMIT has the right to suspend or terminate your online account.
By registering with MA Web-Site services, you will be provided a User I. D. and Password. You are responsible for maintaining the confidentiality of the Password and User I. D., and you are responsible for all activities that occur under your Password and User I. D. You agree to (a) immediately notify MALCA-AMIT of any unauthorized use of your User I. D. and Password and (b) ensure that you exit from your MA Web-Site session at the end of each visit.
MA Web-Site and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated without notice.
MALCA-AMIT may discontinue, suspend or modify the MA Web-Site at any time without notice, and MALCA-AMIT may block, terminate or suspend your and any user’s access to MA Web-Site at any time for any reason in its sole discretion, even if access continues to be allowed to others.
Malca-Amit‘s copyright, trademark and other laws protect the MA Web-Site and its Content. All rights reserved. Specifically, MALCA-AMIT does not convey to anyone, through allowing access to the MA Web-Site, any ownership rights in MALCA-AMIT, MA Web-Site, or Content and functionality contained within or outside of the MA Web-Site.
DISCLAIMER OF WARRANTY
THE MA WEB-SITE AND ITS CONTENT ARE PROVIDED “AS IS.” MALCA-AMIT AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILITY OR INABILITY TO USE THE MA WEB-SITE AND ITS CONTENT.
MALCA-AMIT EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING MA WEB-SITE, MAEXPRESS SHIPMENT MANAGER AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MALCA-AMIT DOES NOT WARRANT THAT MA WEB-SITE OR MAEXPRESS SHIPMENT MANAGER WILL MEET ALL OF CUSTOMER’S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN MAEXPRESS SHIPMENT MANAGER WILL BE CORRECTED. FURTHERMORE, MALCA-AMIT USA LLC DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER’S USE OF MA WEB-SITE OR MAEXPRESS SHIPMENT MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY MALCA-AMIT OR AN AUTHORIZED REPRESENTATIVE OF MALCA-AMIT SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
Use of the Services, Content and information on the MA-Web-Site is provided at your sole risk on an “AS-IS” and “AS AVAILABLE” basis. Malca-Amit, to the fullest extent permitted by law, expressly disclaims all warranties of any kind, whether expressed, implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third parties rights. Malca-Amit, it’s affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the MA-Web-Site or systems. No information obtained via the MA-Web-Site or systems shall create any warranty not expressly stated by MALCA-AMIT in these terms and conditions.
Any material downloaded or otherwise obtained through the use of the MA Web-Site, is done at your own discretion and risk. You solely will be responsible for, any damages to, loss of data or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the in the MA Web-Site or your downloading of anything from the MA Web Site.
In no event shall MALCA-AMIT or any of its associated or affiliated companies be liable for any direct, indirect, incidental, special, consequential, incidental or exemplary or other damages, including without limitation damages for loss of profits, goodwill, business interruption, use, data, damage to any computer systems, even if you have advised Malca-Amit of such possibilities, or other intangible losses, under any theory of law, arising out of or resulting from: any errors in or the use of or the inability to use the MA Web-Site, its contents or its systems; the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from the MA Web-Site; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party or any other matter relating to the MA Web-Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
You hereby release, and agree to indemnify and hold harmless MALCA-AMIT Global Ltd. and its associated and subsidiary companies and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use or viewing of the MA Web-Site and its Content.
There are links on the MA Web-Site, which allow You to visit the sites of third parties. MALCA-AMIT controls neither these sites nor the companies to whom they belong. MALCA-AMIT makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. MALCA-AMIT has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks that may be involved in accessing and using any software on the Internet before using it.
You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the MA Web-Site, use of the MA Web-Site, or access to the MA Web-Site. Nothing contained on the MA Web-Site should be construed as granting any license or right to use any Logo or Trademark displayed on the MA Web-Site without the written permission of Malca-Amit.
You assume all responsibility for compliance with all laws and regulations of any country from which you may access the MA Web-Site regarding access, use, export, re-export and import of any Content appearing on or available through the MA Web-Site.
JURISDICTION AND SEVERABILITY