ALL PRICES ARE IN UNITED STATES OF AMERICA DOLLAR (USD) AND ALL TRANSACTIONS ARE FINAL AND 100% NON REFUNDABLE.

Please read these terms and conditions carefully prior to using App Business Card.com service(s).

App Business Card.com (“ABCard”, “we,” or “us”) is the owner of the site and any other related products, websites and services as may offered by us from time to time (collectively referred to as the “Service(s)”). By using the Services in any way, the user (“you“, “user“) accept these terms of service (“Terms“) and you also acknowledge that you read and understood our Privacy Policy all of which form a binding legal agreement between you and us (“Agreement”).

You must be an adult – i.e., eighteen (18) years old or more (if so required under applicable law)(“Age of Consent“) and capable of lawfully entering into this Agreement.

Prior to using the Services or the site, it is important for you to know and understand that by using the Site and the Services, you are agreeing to accept certain liability limitations and legal disclaimers, which we further explain throughout this Agreement. In other words, your use of the Services and the site is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Services, the site or your use of the Services or the site.

If you do not accept and agree to be bound by all of the terms of this agreement, including our Privacy Policy, limitations of liability, warranty and legal, do not use Services.

By using the services, you consent to receiving this agreement in electronic form. To withdraw this consent, you must cease using the service.

While we do not assume any liability related to content users provide in using the services, we do have the right, but not have any obligation, to monitor such content for any reason whatsoever. You acknowledge that you are solely responsible for all content and material that you provide using the Services and the site.

The site includes general and specific information about the services offered and allows you to purchase them according to the price stated therein.

The site and the Services are used for the formation and marketing of a digital business card. You can share the digital business card with anyone who wants to receive it.

All the samples of the digital business cards displayed are for demonstration purposes only and we do not guarantee that your business card will be formatted in the same manner as displayed on site.

We may offer offers, benefits and discounts, but may at any time stop them, replace them or change them without having to give any prior notice.

When updating the shopping basket, we reserve the right to send you a reminder about an abandoned shopping basket by sending an email to the address entered by you.

HAVING AN ACCOUNT WITH ABCARD; PAYMENT

For you to enjoy all the Services, you must have an account with us.

When registering your account, you must choose a username and a password.

Registration is restricted to creating a single account for each user. We reserve the right to remove duplicate accounts.

Each user must first register by entering a user name and a password, which will be used for identification when logging on. You must keep the identification details confidential and not allow others to use them.

After entering your user name and password, you will be required to enter all your contact details, your personal details and any other required information, according to the chosen Service option (“User Content”).

You undertake that any information that you submit including credit card data and any other information required thereof, shall be correct, accurate, complete and shall not violate the rights of third parties.

When the order is made, the credit card details will be checked and upon confirmation of the order by the credit card company, a notice will be sent to you that the order has indeed been confirmed.

In the event that the transaction is not approved by the credit card company, you will receive an appropriate notice thereof and he will be required to provide another means of payment.

Once the payment information has been entered on the payment page, confirmation will be sent by e-mail upon receipt of the order details.

If your credit card becomes invalid or the credit card company does not respect the transaction or PayPal (or any other available electronic wallet service) does not respect the charge, we will contact you to complete the transaction.

Paying through a PayPal account will require you to enter your existing PayPal account information or to choose to open a new PayPal account. If you decide to pay via PayPal account, we will be able to collect the payment for the transaction only after receipt of approval from PayPal. The use and receipt of the approval from PayPal is subject to the PayPal terms of use and privacy policy and not ours.

GENERAL DISCLAIMER:

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

WE WILL NOT BE LIABLE FOR ANY HARM OR INJURY YOU MAY SUFFER, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICES OR THE SITE.

We expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties:

That the Services are suitable for you;

Regarding the adequacy or safety of the Services for any particular user;

That the Services will meet your personal needs;

That the Services will be permitted in your jurisdiction;

That the Services will be uninterrupted or error-free;

That we will continue to support any particular feature of the Services; or

We reserve the right to modify the Services at any time and in our sole discretion. We have no obligation to screen or monitor any User Content and do not guarantee that any User Content made available on the Services complies with this Agreement or is suitable for all users.
We may supply, deliver or provide the Service via its affiliates and other third parties. By agreeing to this Agreement you accept that under no circumstances we shall be liable for any consequences caused by an act or omission by our affiliates and third parties not under our direct control.

To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period.

WE DO NOT MAKE ANY CLAIMS OR WARRANTIES REGARDING THE USE AND THE ACCURACY OF THE SERVICE OR AS TO THE ACCURACY OF THE USER CONTENT YOU MAY FIND USING THE SERVICES. THE SERVICE MAY NOT BE FOR EVERYONE.

WITHOUT DEROGATING FROM THE ABOVE, THE CONTENT PROVIDED BY US OR OTHER USERS IS PROVIDED “AS IS”, AND ABCARD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THAT CONTENT WHETHER STATUTORY, EXPRESS OR IMPLIED AND HEREBY DISCLAIMS ALL WARRANTIES FOR SUCH CONTENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH CONTENT.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING ANY DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE USER CONTENT, LOSS OF PROFITS OR REVENUES OF COSTS OF REPLACEMENT GOODS.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT WE DO NOT UNDERTAKE THAT ABCARD OR THE SERVICE WILL OPERATE WITHOUT MISTAKES OR BE ERRORS FREE OR THAT THE USER CONTENT BE ACCURATE OR THE SERVICE PRODUCE THE RESULTS YOU EXPECT OR ANTICIPATE.

ABCARD AND THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

We reserve the right, but have no obligation, to monitor any user’s use of the Services. Accordingly, we also reserves the right to disable, suspend or even terminate any user’s use of or access to the Services or part of the Services for any reason, without any notice and without being liable to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW: (I) IN NO EVENT SHALL ABCARD, NOR ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES CAUSED TO YOU AS A RESULT OF USING THE SERVICES AND (II) ABCARD’S, AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ABCARD OVER THE THREE (3) MONTHS PRECEDING YOUR CLAIM(S).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ABCard , the owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Services, your violation of the Agreement and / or the applicable law, or your violation of any rights of another, including the rights of another user.

PRIVACY

All information collected about you during registration and / or use of the Service and the Site will be used in accordance with our Privacy Policy and all applicable laws.

ADVERTISING, THIRD PARTY LINKS AND CONTENT

We reserve the right to accept or reject any advertisement submitted for publication on the Site. However, we do not attempt to investigate or verify claims, including claims of compliance with the Agreement made in advertisements appearing in the Site. The appearance of advertising in the Site in no way implies endorsement or approval by us of any advertising claims or of the advertiser, its product or services. We disclaims any liability whatsoever in connection with advertising appearing in the Site.

Your correspondence or dealings with, or participation in promotions of, advertisers and vendors found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors in connection with the Services. All of your dealings with vendors and advertisers in connection with the Services shall be at your sole risk.

The Site may provide, or third parties may provide, links to web sites, applications or other resources (“Resources”). Because we have no control over such Resources, you acknowledge and agree that we are not responsible for the availability of such Resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Resources including but not limited to content which purports to describe the Services offered on by us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Resources.

INTELLECTUAL PROPERTY

Our logo and trademarks, whether registered or not, may not be copied, imitated or used, in whole or in part, without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Our name, logos and technologies are the exclusive property of ABCard . All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

ABCard owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.

You hereby grant, and you represent and warrant that you have the right to grant to us an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to use in any way we deem fit your User Content.  You agree to irrevocably waive any claims of moral rights with respect to your User Content.

GENERAL PROVISIONS

The Service is controlled, operated and administered by ABCard from our offices within Israel. If you access the Service from a location outside Israel, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a 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 the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

DISPUTE RESOLUTION, JURISDICTION & GOVERNING LAW:

This Agreement, and any dispute between you and ABCard , shall be governed by the laws of the country chosen solely by ABCard without regard to principles of conflicts of law.
To the maximum extent permitted by law, this agreement is governed by the laws of the country chosen by ABCard and you hereby consent to the exclusive jurisdiction and venue of courts therein for all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABCard as a result of this agreement or use of the Services. If there is a dispute between users or between them and any third party, you understand and agree that ABCard is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ABCard , its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.

NOTICES AND COMMUNICATIONS:

You consent to receive all communications including notices, agreements, disclosures, or other information from ABCard electronically. ABCard may provide all such communications by email or by posting them on the Services. For support-related inquiries, you may send an email to mail@appbusinesscard.com.

Nothing herein shall limit ABCard ’s right to object to subpoenas, claims, or other demands.

This Agreement may not be modified except by a revised Agreement posted by ABCard on ABCard or a written amendment signed by an authorized representative of ABCard. A revised Agreement will be effective as of the date it is posted on the Site.