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EASY2GIVE self service kiosk
TERMS AND CONDITIONS OF USE

  1. 1. Preamble
    1. 1.1. Welcome to the easy2give self service kiosk which is operated by the company Going Dutch Ltd ("Company").
    2. 1.2. The Station, for the purposes of these Article, means the easy2give self service kiosk set up at the request of the Gift Recipients (as defined below) at an event, and as part thereof all the content, materials, services, interfaces and/or information of any kind displayed at the easy2give self service kiosk, including any text, picture, graphics, sketch, painting, photograph, drawing, logo, audio-visual content and animation displayed at the easy2give self service kiosk ("Station").
    3. 1.3. The use of the Station and/or the services is subject to the provisions, terms and conditions which appear in this document and/or in the other content displayed on the Station ("Terms and Conditions of Use") and they apply, unconditionally, to every User of the Station (each "User" or "Giver", together "Users").
    4. 1.4. The Terms and Conditions of Use apply to both men and women and are worded in the masculine for reasons of convenience only.
    5. 1.5. The section headings below are for the Users convenience and orientation and shall not be used in interpreting the Terms and Conditions of Use.
    6. 1.6. The User is required to read the Terms and Conditions of Use and the privacy policy carefully before entering and/or making use of the Station and/or the services.
    7. 1.7. Any use of the Station shall indicate that you have read and agreed to the Terms and Conditions of Use and terms of the privacy policy, without any limitations or reservations. If you do not agree to all or some of the Terms and Conditions of Use and/or terms of the privacy policy, you may not make use of the Station and/or of the services offered as part of it.
    8. 1.8. Company is permitted, at any time and without giving notice thereof, in its sole discretion, to change the Terms and Conditions of Use by updating this document, and that change shall bind the Users for all purposes.
    9. 1.9. Company makes reasonable efforts to ensure the maintenance and availability of the Station and the content displayed as part of it, but, despite Company’s efforts, the operation of the Station may be interrupted, stopped, suspended or delayed, permanently or temporarily, due to factors or events beyond the Company's control or contrary to its wishes.
    10. 1.10. The use of the Station is for the purpose of private and personal use by the Users alone, and use of the Station and/or the content displayed as part of it, in whole or in part, for commercial purposes and/or for the purpose of copying, duplication, marketing, provision to the public, translation, amendment, alteration, reproduction, broadcast, display, advertising, transfer, sale, distribution and/or any other use in any manner by any User is prohibited without Company's express prior written consent.
  2. 2. Eligibility to Use the Station
    1. 2.1. Any person, including a company, may use the Station and the services (as defined below), subject to fulfillment of the following cumulative conditions:
      1. 2.1.1. The User is competent to perform binding legal actions.
      2. 2.1.2. As long as the User is a person, it is over the age of 18.
      3. 2.1.3. As long as the User is a person, it possesses a valid Israeli identity card.
      4. 2.1.4. The User has an e-mail mailbox on the Internet.
      5. 2.1.5. The User is the holder of a valid Israeli and/or international credit card, which was issued in Israel by one of the credit card companies subject to section 3.12 below.
    2. 2.2 Without derogating from the aforesaid, Company and/or the credit company (as defined below) may prevent any Giver from using the Station, temporarily or permanently, in its sole discretion and without giving advance notice thereof and/or may make provision of the service conditional upon furnishing identifying details and documents for the User and/or may refuse to provide the services to any of the Users, all in and subject to the sole discretion of Company and/or the credit company.

  3. 3. Service
    1. 3.1. Company provides a service which enables the Users of the Station to give Gifts to hosts of events (such as weddings, Bar/Bat Mitzvah, circumcisions, etc.) (each "Recipient", and together "Recipients") by means of credit card and in installments (respectively "Gift" and "Service").
    2. 3.2. In order to provide the Service, each User is required to fully and accurately complete the details which are required from it in this regard, including identification details and details of the User's means of payment and the names of the Recipients. It is clarified that provision of the Service is subject to full and correct completion of the aforesaid details.
    3. 3.3. The Gift given by the User will be transferred to the Recipient (in accordance with the details entered at the Station in this regard by the User) by means of Isracard Ltd ("Credit Company"), with which Company has entered into an agreement for clearing transactions by debit card.
    4. 3.4. Company reserves the right to change the scope of the Services, to extend or reduce them, in its sole and absolute discretion.
    5. 3.5. Some of the Services are supplied or provided, as the case may be, by third parties and not by Company ("Third Party Services").
    6. 3.6. Company is not liable in any way, directly and/or indirectly, for the Third Party Services, their nature or their suitability for the User's requirements.
    7. 3.7. The Service to be provided by Company shall include setting up a machine for giving Gifts by credit (as defined below) and/or access to the website, all as agreed between the parties at the time of purchasing the Service of giving Gifts by credit card and in accordance with the following terms:
      1. 3.7.1. If the User's contract with Company includes setting up a machine for giving Gifts by credit, the Gift-giving Service shall include setting up an advanced machine for clearing credit cards ("Machine for Giving Gifts by Credit"), which shall be placed at the location of the event. It is clarified that Company's obligations in the Terms and Conditions of Use are with regard to only one Machine for Giving Gifts by Credit.
      2. 3.7.2. It is clarified that the Machine for Giving GGifts by Credit does not accept "Diners" credit cards.
      3. 3.7.3. The maximum Gift amount which may be given by debiting one credit card is ILS 5,000 (five thousand new shekels). In addition, the Gift amount may be paid in up to 6 (six) installments in total, all subject to payment of the Service commissions and credit charges (as defined below).
      4. 3.7.4. Credit Company shall transfer the full amount of the Gift to the Recipient within four business days from the date of the event, unless delays occur which are not caused by Company and/or are beyond its control.
      5. 3.7.5. After the Gifts are given, a payment confirmation similar to a check shall be issued to the Giver by means of the credit machine ("Voucher").
      6. 3.7.6. Subject to technological limitations, unexpected communication problems and the instructions by the venue of the event, Company shall position and activate the Machine for Giving Gifts by Credit at the beginning of the event. It is emphasized that after positioning and activating the Machine for Giving Gifts by Credit Company shall not have any liability if any party, including the events hall, decides to move and/or reposition the credit machine.

  4. 4. Consideration
    1. 4.1. The User declares and agrees that the use of the Service in itself constitutes consent and authorization for Company to debit the User's credit card with the charges which it is required to pay to Company, the clearing company and Credit Company ("Service and Credit Charges"). The amount of the Service and Credit Charges will appear to the User before the User's credit card is debited. It is clarified that the amount of the Service and Credit Charges may change from time to time, and the User is aware and agrees that despite the provisions of section 4.2 below, the amount of the Service and Credit Charges which will appear before the credit card is debited is the amount by which he will be debited and he shall not have any claim and/or demand in this regard.
    2. 4.2. The commission amount shall be determined in accordance with the number of installments and the amount of the Gift, and in any case shall be displayed to the Giver for his approval before actually giving the Gift, at the time of giving it. It is mentioned that the commission amount on one single payment is fixed and is the sum of ILS 6.90. It is mentioned that on division of the Gift amount into installments the commission amount shall be determined in accordance with the number of installments and the amount of the Gift, and Company cannot publish these amounts in advance and the User hereby confirms that he shall not have any claim and/or demand concerning disclosure of the amount of the commission levied.
    3. 4.3. The debit shall be made through the means of payment given by the User, as stated in section 3.2 above.
    4. 4.4. Provision of the Service and transfer of the Gift to the Recipient are conditional upon approval of the transaction by the Credit Company through which the Giver has undertaken to make the payment. It is hereby clarified that without receiving Credit Company’s approval it will not be possible to approve the giving of the Gift.
    5. 4.5. It is hereby clarified that if the Giver's credit card company refuses to honour his undertakings, the Gift shall be cancelled and the service shall not be provided. In that case the giver shall be debited with the amount of the service and credit charges and that amount shall not be refunded to him.
    6. 4.6. If the User wishes to receive an invoice for the transaction from Company, it may contact Company by e-mail at info@easy2give.co.il.

  5. 5. Faults
    1. 5.1. The User is aware that the credit machine operates by communication and that communication faults may occur, which are not caused by Company or under its control, and as a result of which it will not be possible to carry out giving of Gifts at the event or before the event. The User hereby waives, in advance, any claim against Company with regard to communication faults and inability to give Gifts by means of the Station.
    2. 5.2. If a fault occurs as a result of which it not possible to give Gifts during the event, the User undertakes to cooperate with Company and to allow it to contact it telephonically in order to suggest to him to give the Gift after the event.
    3. 5.3. If there is a fault in the credit machine, a voucher might not be printed as stated in the section above. However it is emphasized that even if a voucher is not printed due to a fault in the credit machine, if the Givers receive confirmation of making the payment, the Gift monies will be transferred to the Recipient.
    4. 5.4. The User shall report any fault in the credit machine to Company at the telephone number which appears on the credit machines ("Notice of Fault"). Subject to availability, a technician qualified to deal with the credit machines will arrive about an hour after the time of the Notice of Fault.

  6. 6. Denial of Credit Card Transaction and Offset
    1. 6.1. The User confirms that if he denies giving the Gift for any reason, and the Gift monies have not yet been transferred to the Recipient, Company shall cancel the credit transaction for the relevant Gift and the Credit Company shall offset the denied Gift amount against the Gift monies due to the Recipient, without receiving any authorization from the Recipient, and the User shall not have any claim in the matter.
    2. 6.2. Company shall be permitted to contact the Recipient and to inform him that one of the Givers denies the Gift and that the denied amount will be offset against the Gift monies due to the Recipient.
    3. 6.3. The User irrevocably undertakes that if one or more of the Givers denies giving the Gift for any reason, after the Gift monies have been transferred to him, he will indemnify Company in the denied amount, immediately upon its first demand.
    4. 6.4. If the User owes any amounts to Isracard, including a loan provided to the User by Isracard, Isracard and/or Company shall be permitted to offset amounts from the Gift monies against this debt.

  7. 7. Cancellation of the Service
    1. 7.1. The customer may cancel the order for the Services in accordance with the provisions of the Consumer Protection Law-1981 ("Consumer Protection Law"), the main points of which will be set out below (for the sake of convenience and without imposing a standard different from the one which applies under the Consumer Protection Law concerning cancellation of a remote sale transaction).
      1. 7.1.1. Cancellation is in accordance with Section 14C of the Consumer Protection Law and subject to any other relevant law. The User may cancel the Gift by sending a notice of cancellation, which shall include the following details: full name, telephone number ("Notice of Cancellation").
      2. 7.1.2. The Notice of Cancellation shall be sent to Company in one of the following ways:
        1. 7.1.2.1. Telephone: *5055 Sunday – Thursday, 9:00 -18:00
        2. 7.1.2.2. By e-mail: info@easy2give.co.il
        3. 7.1.2.3. By registered post to the address: 6 Hatzabar St, Azor
        4. 7.1.2.4. On Company's website at the address www.easy2give.co.il by means of the "Contact" button located at the bottom of the home page.
      3. 7.1.3. If a Notice of Cancellation is sent, Company shall arrange for the return of the Gift by the Recipients. After the return of the Gift Company shall arrange for the Credit Company to refund the Gift amount to the User. It is clarified that in any case of refusal to return the Gift by the Recipients, the User waives, in advance, any claim and/or action and/or demand in the matter, if he has any against Company.
      4. 7.1.4. On receipt by Company of a communication from the Credit Company concerning an enquiry about and/or denial of a transaction by the holder of the card by means of which the Gift was given, Company may give the required information to the Credit Company concerning the transaction and the event at which the transaction was carried out.
      5. 7.1.5. Company may cancel the Service at any given moment and in its sole discretion and the User shall not be entitled to any compensation and/or indemnity as a result of such cancellation. If payment was collected from the User and the Service has been cancelled, the User shall be entitled to a monetary refund for giving the Gift.

  8. 8. Prohibition of Money Laundering
    1. 8.1. The User undertakes to give Company accurate details. The User is aware that giving false details by him is a criminal offence and that anyone who does so is subject to criminal and civil legal proceedings. To remove doubt, it is clarified that Company and the Credit Company shall be permitted to take any legal steps against any User who gave false details, including application to Court for damages caused to Company and/or anyone acting on its behalf.
    2. 8.2. The User agrees and declares that the use which will be made of the Service by him will be solely and exclusively for lawful activities, that the use of the Service by him does not in any way contravene the Prohibition of Money Laundering and Financing of Terrorism Law, 5761-2001 or any other provisions of law and that in any case of contravention of this section the User shall bear sole and full liability, including criminal liability.
    3. 8.3. The User agrees and declares that he is aware that Company shall be permitted to prevent and/or withhold transfer of a Gift and/or to convey any information about the User and/or the Recipient if required to do so by the Israel Police and/or by any other authorized entity, including the Credit Company.

  9. 9. Liability
    1. 9.1. Company will do its best to provide the Services and makes reasonable efforts to ensure the maintenance and availability of the Station and the content displayed as part of it, but it is clarified and emphasized that this is a Service of a technical nature and, by its nature, unexpected faults may occur in connection with it, and despite Company's efforts the operation of the Station may be interrupted, stopped, suspended or delayed, permanently or temporarily, due to factors or events not necessarily under Company's control or contrary to its wishes, such as electrical faults, technological limitations and the instructions by the venue of the event. Therefore Company does not undertake that the Station and/or the Service will be without interruptions or without faults, or that interruptions or faults will be repaired, or that the Service or the server which provides the Service will be free of viruses or other harmful components. Company shall not be liable for provision of the Services, their nature and quality and Company’s sole liability is for transfer of the cost of the Service to the external provider. Therefore, the User hereby waives, in advance, any claim against Company on account of communication faults and/or the credit and/or on account of operation of the Station during the event and/or the User's ability to give a Gift during the event.
    2. 9.2. The use of the Station and the Station content is "AS IS", in the User's sole discretion. The User agrees and confirms that the liability for any risk and/or damage and/or expense, whether direct or indirect, which may be caused and/or is caused to the User and/or to anyone acting on his behalf as a result of use of the Station and/or the Station content and/or all or some of the Services, including, inter alia, any decision which the User may make based on the accuracy, completeness, reliability and usability of the content, is imposed on him alone. The User exempts Company from any liability for any damage, loss, expenses and payments which may be caused to him, directly or indirectly, as a result of use of the Station and/or the Services.
    3. 9.3. The User exempts Company and/or the Credit Company from any damage and/or loss and/or expense and and/or deficiency which may be caused and/or are caused to the User, for any reason, as a result of use of the Station and/or the Station content and/or the Services, including, inter alia, as a result of failures and/or interruptions in the operation of the Station and/or the Services.
    4. 9.4. The User confirms that he is aware that Company and/or the Credit Company is/are only a platform for transfer of the Gift monies and the User therefore declares and confirms that he will not have any claim and/or demand against Company and/or the Credit Company and/or the events hall in connection with the Gift monies and/or their transfer to the Recipient.
    5. 9.5. In any case Company shall not be liable for any action by the Giver and/or any other party who is not under its full control.
    6. 9.6. Company shall not be liable, and the User exempts Company from liability, for any damage, loss, expenses and payments which may be caused to him, directly or indirectly, as a result of use of the application and/or the Service.
    7. 9.7. The Giver undertakes to indemnify Company, or anyone acting on its behalf, immediately upon their first demand, for any action, claim, demand, damage and/or loss of profit, payment, including legal costs and attorney's fees, as a result of breach of the Terms and Conditions of Use.

  10. 10. Details and confidentiality
    1. 10.1. Company informs the Users, as it also informed them during the use of the Station, that at the time of use of the Stations various details about the User are kept (first name and surname, telephone number, details of the Gift transaction and so forth), in order to enable Company to provide Users with the Service requested by them.
    2. 10.2. The User of the Station declares and undertakes that all the details which are entered by him at the Station will be correct, true and accurate. The User is prohibited from entering another person's details, without his consent, at the Station and for the purpose of receiving the Services.
    3. 10.3. Company shall not have any liability if the User of the Station conveys to or informs Company or a third person, as part of the Station or content services or voluntarily, of the personal details of another person (including, and without derogating, name, address, e-mail address, telephone number and so forth) without the User of the Station first having received that person's consent. In that case, such notice shall be given at the sole liability of the User of the Station.

  11. 11. Intellectual property
    1. 11.1. The Station and the content displayed as part of it, the copyright, patents, designs, trade secrets, materials, applications, graphic design, computer files, codes, job offers, pictures and trademarks displayed at the Station ("Station Content") belong to Company and/or to a third party who has permitted it to use them, and are protected by the relevant national and international legislation.
    2. 11.2. The content displayed at the Station and/or the provisions of that content, expressly and/or by implication, do not, by virtue of estoppel and/or in any other manner, amount to the grant of a licence or right to use the trademarks which appear as part of the content displayed at the Station without Company's advance written consent.
    3. 11.3. The content displayed at the Station, or parts thereof, may not be distributed, copied and/or duplicated without Company's advance written consent.
    4. 11.4. No use may be made of Company's logo, copyright and/or of any intellectual property of Company without Company's advance written consent.

  12. 12. Jurisdiction
    1. 12.1. These Terms and Conditions of Use shall be governed solely and exclusively by the laws of the State of Israel.
    2. 12.2. The Courts in the city of Tel Aviv-Jaffa shall have sole jurisdiction in any case of dispute or conflict which arises between the parties in connection with these Terms and Conditions of Use.

  13. 13. Miscellaneous
    1. 13.1. Whenever, on account of "force majeure", it will not be possible to provide the Service as usual, Company and/or anyone acting on its behalf shall not be liable in any way to the User and/or the Recipient and/or a third party. To remove doubt, this provision does not impose any liability on Company and/or anyone acting on its behalf unless that liability is expressly imposed on them in the provisions of this Article.
    2. 13.2. In any case of conflict between the provisions of the content displayed at the Station and the provisions of the Terms and Conditions of Use, the provisions of the Terms and Conditions of Use shall prevail.
    3. 13.3. Company's computer records of the actions performed through the Station shall be prima facie evidence of the correctness of the actions.
    4. 13.4. Any questions to Company about the Service shall be sent by e-mail to the address: info@easy2give.co.il or by telephone: *5055 or to the address: 6 Hatzabar St., Azor.

*This translation of the Terms and Conditions of Use for giving Gifts at the Station is for convenience only. The original version written in Hebrew is the binding version for all purposes.

Last updated on 24.02.2020