Terms of Use
TERMS OF USE
Last Revised: June 19th, 2022
Welcome to our website!
These Terms of Use ("Terms") governs your ("user", "you" or "your") access and use of this website and the Services offered therein (as defined below) owned and operated by Rational Instinct Ltd. ("Company", “we” or “us”).
Our Privacy Policy and any other legal terms which may be presented on the website or in a designated online form, constitute an integral part of these Terms.
ACCEPTANCE OF THE TERMS: We advice you to carefully review these Terms and our Privacy Policy prior to accessing this website and using our Services. By accessing our website or by using our Services, you hereby acknowledge that you have read and understood these Terms, and agree to be bound by them. You further acknowledge that these Terms constitute a binding and enforceable legal agreement between us and you. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PART HEREOF, PLEASE DO NOT ACCESS OR USE OUR WEBSITE AND SERVICES IN ANY MANNER.
ELIGIBILITY & AGE RESTRICTION
This website is not intended for children under the age of 18. You represent and warrant that you are at least 18 years old and you are of legal competence to enter these Terms, and to take binding legal actions in accordance with applicable laws, and you are not prevented, by any applicable law or otherwise, from entering into these Terms.
AMENDMENTS AND UPDATES OF THESE TERMS
We may, at our discretion, update or amend these Terms from time to time, with or without notice, including in the event required under applicable laws. Any amended Terms shall be in effect upon publication of the revised Terms. Therefore, we ask you to check back periodically to read the most updated version of Terms. The last revision will be reflected in the "Last Revised" heading. In the event of material amendments, we will make efforts to post an applicable notice, subject to applicable laws requirements.
OUR WEBSITE, SERVICES, CONTENT OFFERED THEREIN &
Our websites provide general information, our reviews, and comparison-based content and tools related to certain services or products offered by third parties that might interest you ("Third Party Provider" and “Third Party Offer”, respectively), as well as links to Third Party Offers or other mean of communications with Third Party Providers (collectively with any text, logos, icons, images, video, code, designs, or other features that may be included in our website shall be referred to as the “Website Content”, and our website, any feature provided therein and Website Content shall be collectively referred as the “Services”)
Please note that:
We are not the operator or provider of the Third Party Offers, we do not endorse the Third-Party Providers nor provide any assurance or guarantee regarding the Third-Party Offers. Our Service are merely intended to provide you with general information regarding the Third Party Offers, arranged in an easy-to-use manner. Thus, any engagement related to the Third-Party Offer is made solely between you and the Third-Party Provider and we are not a party to such engagement. We may provide with links to Third Party Offers or other means of communication with Third Party Providers however, these means are provided solely for your convenience. We do not control or endorse these Third Party Offers or Third-Party Providers. We are not and shall not be responsible for the Third Party Offers and your use of these services or products, including their performance or conduct, nor for any damage or loss caused or alleged to be caused by or in connection with the use of any such. If you have any queries or complaints regarding a Third-Party Offer, you agree to contact the Third Party Provider directly.
Our reviews are based solely on our team’s subjective opinion, on research we may conduct and additional information provided to us by the Third-Party Provider. The comparison content we make available is based on our internal criteria, as detailed under the "Our Rating and Comparison Methods" paragraph below and our "How we Compare and Rate" page.
We do not provide medical advice or professional advice. The Website Content is provided solely for general information and as an overview of the Third Party Offers and is not meant to provide, replace or supersede a medical or other professional advice, nor to provide any medical diagnosis or treatment services or advice. Accordingly, prior to taking any actions or decision, we encourage you to consult with a professional service provider, including, where applicable a physician or other health care provider. You should not disregard professional advice, including, where applicable, medical advice, nor delay seeking for medical treatment due to our Website Content or Services.
Our Website Content is provided as-is and as-available. The use of and reliance on the Website Content including Third Party Offers are at your own risk. We disclaim any warranty or responsibility for any decision or action taken or not taken based on the Website Content. We make no representation and assumes no responsibility for the accuracy of the Website Content or available through the Services, including with regards to the terms of the Third-Party Offer, and such information is subject to change without notice, at ours' or the Third-Party Providers' discretion and in any event, the Third-Party Offers’ terms provided by the Third Party Provider, will govern your relationship with such Third Party Provider, including their telemarketing and sales practices. You should exercise caution and perform your own screening and reviews before connecting or engaging with anyone through our Services. In addition, the products' or services' images and descriptions displayed on the website are for illustration purposes only and there may be discrepancies between such images and descriptions and the purchased products or services, therefore, the applicable Third-Party Providers' terms, policies and brochure must be reviewed prior to any engagement or use.
ADVERTISER DISCLOSURE & OUR RATING AND COMPARISON METHODS
All of the Third Party Offers we make available through the website, are of Third-Party Providers we have a business engagement with. This means that we receive consideration whenever one of our users decides to click on the Third Party Offers, or otherwise connect, sign up or purchase a service or product from such Third-Party Providers.
The placement of certain Third Party Offer, as well as any rating or scoring we may assign, are affected by such consideration we receive from the Third-Party Providers, and might be further subject to our additional internal consideration and criteria, such as, statistics of users' engagement with a certain Third -Party Provider, etc.
We make efforts to ensure the information on our website, including Third Party Offer's terms, are up to date however, the Third-Party Offer’s terms can be changed at any time, subject to the Third-Party Provider's sole discretion, and we have no control or any responsibility in this regard. We do not compare or review all service providers or products available in the market.
The Website Content, including any rating and scoring are provided by us “as-is”.
INTELLECTUAL PROPERTY
The Website and any of the Website Content and Services, including designs, trademarks, trade names, logos, copyrightable materials, graphics, text, images, software, text, etc., are owned by us or licensed to us, including on behalf of the Third Party Providers, and are subject to copyright and other applicable intellectual property rights under applicable laws. Except as expressly stated herein, the Company retains all right, title ownership and interest in and to the Website Content and Service (excluding Third-Party Providers' content, copyrights, trademarks, and similar intellectual property as well as User Content, as defined below). You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights and you are prohibited from modifying, editing, copying, reproducing, creating derivative works of, reverse engineering, altering, enhancing or in any way exploiting any of our Website Content and Services.
THIRD PARTY’S RESOURCES
As part of our Services, our website may include links to third-party's digital assets (such as websites, etc.) including those of the Third- Party Providers we engage with or other means of communication (“Third Party Resources”). These Third-Party Resources are not operated or owned by us. We do monitor the content or offers made available through the Third-Party Resources, nor its accuracy, legality or quality. Given the above, we do not guarantee the access to, recording of, or viewing of any particular Third-Party Offer made available through Third-Party Resources. Please note that by entering or interacting with such Third-Party Resources, you will be subject to their terms of services and privacy policies, thus we recommend you to carefully review the applicable terms and policies, verify their practices and restrictions such as residency, age restrictions and privacy practices. We will have no responsibility or liability with regards to Third Party Resources, directly or indirectly, including for any loss or damage of any sort incurred as a result of your use of or reliance on any Third Party Resources.
USERS' REPRESENTATIONS AND WARRANTIES & RESTRICTIONS.
You may access and use the website and Services only in compliance with applicable laws and these Terms. You further represent and warrant that you will not use the website and Services in any commercial way or for any fraudulent manner.
When you are accessing or using our website, you are explicitly prohibited from: (i) use the website in any manner that may prevent or disrupt the use of other users, or may violate any other right of website's visitors; (ii) making any copies of, modifying, adapting, translating, reverse engineering, disassembling, decompiling, creating derivative work of the website and Services or any other content; (iii) selling, licensing, sublicensing, reselling or otherwise assigning transferring any right granted herein or commercially exploit our website and Services; (iv) claiming any proprietary rights in or to the Services, nor removing or changing any proprietary rights’ notices or disclaimers included in the Services; (v) using or accessing our Service in connection with any automated means; (vi) use our name, logos or trademarks without our prior written approval; and (vii) extract, collect or store other users' personal data without their express permission.
If we find that you have failed to comply with the restrictions set forth above, we may terminate your access to the website and you may also be expose to civil and criminal liability.
USERS’ CONTENT, FEEDBACK AND REVIEWS
Our website may include features enabling users to submit certain content, including comments, reviews and question, images, texts links, etc. In addition, we may enable our users to express their own opinion, share their experience or provide feedbacks regarding the Third-Party Offer ("User Feedback" and collectively “User Content”).
By submitting any User Content on our website you represent and warrant that the User Content: (i) will not violate any applicable law or any third party rights, including privacy rights (meaning, you represent that you will not post any third party’s personal information without their consent), intellectual property rights, trade secrets, etc.; (ii) it will not contain any unlawful or improper content, including, without limitation any hateful content, content that might be harassing to any individual, content that might encourage or suggest violence, terrorism, racism, defamatory, adult content or pornography, content related to alcohol or illegal drugs; content which is considered to be unfair or deceptive, unauthorized commercial communications including any type of advertisements, spam, incentivized or promotional content; or (iii) will not be generated by a fake or unidentified user.
For any User Content you submit on our website, you grant the Company a worldwide, irrevocable, non-exclusive, royalty-free, transferable right and license (with right to sub-license) to view, use, copy, display, reproduce, distribute, create derivative works of and make available to the public any part of the User Content. All content that you submit may be used by us in any manner we find applicable, at our sole discretion. In addition, you grant each user of our website, a worldwide, irrevocable, non-exclusive, royalty-free license to access your User Content, as well as to download, use, copy, reproduce, distribute, create derivative works of, and display to the extent permitted under these Terms.
You acknowledge that not all the content you will submit will be uploaded and posted in the website. The Company reserve the right at its sole and absolute discretion to refuse to post any User Content, to decide how and when to publish a User Content and when to remove it. Notwithstanding the above, we are not obligated to review and monitor any User Content, and we have no responsibility and liability with respect to and User Content. You acknowledge that you are responsible for the contents of your submission.
If you find any User Content to be inaccurate, offensive, indecent, or objectionable, you may contact us and we will handle it as we find appropriate. We are not obligated to maintain or store any User Content.
COPYRIGHTS INFRINGEMENT
If you believe that any content posted on our website is infringing your copyrights, or infringing the rights of a copyright owner you are authorized to act on its behalf, you may contact us at contact@topflowerdelivery.com and send us an applicable notice. Your notice of the alleged copyrights infringement shall include the following: (i) identify the copyrighted work that you claim has been infringed, as well as provide reasonably sufficient details to enable us to locate such allegedly infringing content, and at a minimum, its location and applicable link(s) of the website; (ii) your contact details – name, email address and phone number.
In addition, your notice must include the following statements:
I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). In addition, I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that was allegedly infringed.
We will investigate the allegation we receive related to copyrights infringement and may remove the alleged infringing content.
When you submit a copyrights' infringement notice, a legal proceeding is initiated. Thus, before you send us such notice, please make sure to carefully consider if fair use, fair dealing, or a similar exception to copyrights may apply.
DISCLAIMER AND LIMITATION OF LIABILITY
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE, OR THE RESULTS OF THE USE OF OUR SERVICES. OUR WEBSITE CONTENT, INCLUDING THE RATING, RANKING OR SCORING ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER WE DO NOT WARRANT THAT THE OPERATION OF THE WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. WE MAKE NO WARRANTIES OR REPRESENTATION THAT THE WEBSITE OR ANY OF THE CONTENT, ARE OR WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR SPECIFIC TIME. WE DO NOT MAKE ANY WARRANTY RELATED TO THIRD PARTY OFFERS AND THIRD-PARTY RESOURCES. THE USE OF THE WEBSITE, WEBSITE CONTENT AND SERVICES SHALL BE AT YOUR OWN RISK AND RESPONSIBILITY. WE MAKE NO WARRANTY THAT THE WEBSITE CONTENT AND INFORMATION PROVIDED THEREIN SHALL BE ACCURATE.
IN NO EVENT SHALL THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, BE LIABLE FOR ANY DAMAGES OR LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS INCURRED OR SUFFERED BY USERS AS A RESULT OF USING THE OR RELIANCE ON THE SERVICES AND WEBSITE CONTENT. SPECIFICALLY, THE COMPANY WILL HAVE NO RESPONSIBILITY OR LIABILITY RELATED TO ANY ENGAGEMENT OR ANY INTERACTION YOU WILL MAKE WITH THE THIRD PARTY PROVIDERS, ALL, EVEN IF THE COMPANY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES OR ANY PART THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE YOUR USE OF THE WEBSITE AND SERVICES. APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND IN SUCH EVENT OUT LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENDED PERMITTED BY APPLICABLE LAWS. NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES EXCEED 50$US.
INDEMNIFICATION
You will defend, indemnify and hold the Company harmless from and against any and all third-party claim, damages, obligation, losses, liabilities, costs, debts, and expenses arising from or related to your use of our website and the Service, in breach of these Terms.
PRIVACY POLICY
We respect your privacy rights and committed to protect information shared with us or collected by us through your access to and use of our website and Services. When you are using or accessing to our website or Services we will process certain information regarding your use, depending on your interaction with us, as further detailed in our Privacy Policy.
CHANGES TO OUR WEBSITE AND SERVICES
We may, at any time and at our sole discretion, change, correct, revise, amend or modify our website and Services. In addition, at any time and at our sole discretion, we may discontinue, temporarily or permanently the operation of the website, Services and any feature available therein, without notice.
DISPUTE RESOLUTION
Any dispute arising in connection with this website and these Terms shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the competent courts in Tel Aviv, Israel, and you hereby irrevocably submit to the personal jurisdiction of the competent courts in Tel Aviv, Israel.
MISCELLANEOUS
Assignment. The Company will be entitled to assign, at any time, its rights and obligations under these Terms. You may not assign any of your right or obligations under these Terms to any person or entity, in whole or in part, and any attempt to do so shall be deemed void.
Entire Agreement. These Terms, constitute the entire understanding between the parties relating to the subject matter herein.
Severability. In the event any provision of these Terms is found to be unlawful, unenforceable, invalid or otherwise unenforceable, such provision shall be deemed severable from these Terms and will not be affect the validity and enforceability of any remaining provision.
Waiver. Our failure to require performance of any provision under these Terms shall not affect our right to require performance at any time thereafter; nor shall a waiver of a breach of any provision constitute a waiver of the provision itself or a waiver on another occasion.
CONTACT US
If you have any comments or questions regarding these Terms or our website and Services, please contact us at:
Rational Instinct Ltd.
Alon 2 Tower, Tel Aviv, Igal Alon 94, Floor 31, Postal Code 6789139 WEBIZ-SMART BUSINESS OFFICES