[Last Amended: December, 2021]

These terms and conditions (“Terms”) are a legally binding agreement between APMakers Innovative Capital Ltd. (“APM,” “we,” “us,” or “our”), and you, a user which access to or otherwise interact with our website, available at: [implement link to website].

ACCEPTANCE OF THE TERMS: BY ACCESSING, BROWSING OT OTHERWISE USING OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.

 

  1. THE WEBSITE

The website provides information and resources about our business and other content related thereto, including without limitation, contact information, images, text, logos, button icons, videos, and other specialized content and features (collectively, the “Content”). In addition, the website provides you with means of communication which you can use to contact us, for example, if you have any question regarding our services.

The website may include links to third party websites and resources that are not operated or owned by us (“Third Party Content”). You interaction with such content not operated by APM is subject to your acknowledgment and adherent with such third party’s terms of use and other applicable policies (such as privacy policy). We therefore recommend that you carefully review the applicable terms and policies of each applicable third party. Note, we have no control over such Third Party Content nor we are obliged to monitor it, hence, your interaction with the Third Party Content is at your own risk.

We reserve the right to change, modify, suspend, or discontinue any aspect of the Website at any time without notice to you and without any liability to you whatsoever in connection therewith.

NO WARRANTIES MADE AS TO CONTENT:  THE CONTENT IS INTENDED SOLELY FOR INFORMATIONAL AND BUSINESS PURPOSES. THE CONTENT IS NOT, NOR SHALL IT BE TAKEN AS FINANCIAL ADVICE OR SIMILAR PROFESSIONAL SERVICES, OR TO REPLACE FINCANCIAL ADVICE OFFERED BY A PROFESSIONAL. PLEASE CONSULT A PROFESSIONAL PROVIDER IF YOU REQUIRE SUCH SERVICES OR ADVICE, OR SHOULD ANY FINANCIAL CASE ARISE OR EXIST. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ANY ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON THIS WEBSITE, WHICH ARE DONE AT YOUR OWN RESPONSIBILITY AND RISK.

NO OFFER TO SELL: THE INFORMATION CONTAINED ON THIS SITE IS FOR GENERAL GUIDANCE ONLY. IT IS NOT INTENDED TO CONSTITUTE AN OFFER TO SELL, OR A SOLICITATION OF ANY SERVICE PROVIDED BY APM NOR BY ANY COMPANY THAT IS AFFILIATED OR RELATED TO APM.

 

  1. REPRESENTATION, WARRANTIES & RESTRICTION OF USE 
    • You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child,” “minor” or any other similar term, in your jurisdiction and that you are not under the age of 13; and (iii) to comply with all applicable laws regarding you access to the website, including any intellectual property law.
    • You further represent and warrant to not, and to authorize or encourage any third party to: (i) use the Website in a non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (ii) circumvent, disable or otherwise interfere with security-related features of the Website or prevent others from using the Website; (iii) modify, create a derivative work of, reverse engineer, or disassemble the Website; (iv) remove, deface, obscure, or alter the Website or any Content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Website; (v) use the Website to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities; (vi) assert any proprietary rights in or to the Content, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in the Website; and (vii) use, access or attempt to access the Website with any automated means (including robots, scrapers, etc.).

 

  1. INTELLECTUAL PROPERTY

The Website and the Content are exclusively owned by APM or by third party licensors (e.g., service providers). Except as explicitly provided herein, no license, right, title or interest to the Website or the Content shall be granted to you, and we or our partners reserve any and all rights, title and ownership to the Website and the Content. You shall not use any of APM’s copyrights, trademarks, trade names, logo or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms or subject to our prior written consent.

 

  1. DISCLAIMER OF WARRANTIES

Except as provided herein, the Website and the Content are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that APM will not be held responsible for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the Website and the Content are or will be available for use in any particular location or at any specific time. Except as expressly stated herein, APM does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Website. Your use of the Website is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

 

  1. LIMITATION OF LIABILITIES

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, APM, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “APM GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, EVEN IF APM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APM GROUP FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS EXCEED US$500.

 

  1. INDEMNIFICATION 

You agree to defend, indemnify and hold the APM Group harmless from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the Website that does not comply with these Terms, including your negligence and any wrongful act; (ii) your abuse or infringement of third party rights through the Website and the Content; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Website.

 

  1. PRIVACY PRACTICES

Your privacy rights are at our utmost importance; hence we warrant to comply with applicable data privacy regulation regarding the handling and processing of our Visitors personal data, all in accordance with our Privacy Policy [please implement link], incorporated herein by reference.

 

  1. TERMINATION 

You can terminate these Terms at any time by ceasing your use of the website. We may terminate these Terms at any time, with or without cause, effective immediately.

 

  1. JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Israel without giving rise to any conflict of law principals therein. You hereby agree to resolve any dispute you have exclusively in the competent courts of Tel-Aviv, Israel.

 

  1. MISCELLANEOUS

These Terms constitute the entire understanding between you and APM with respect to the use of the Website. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of APM to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of APM. Your relationship with APM is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to create a partnership, agency, joint venture or employment relationship.

 

  1. AMENDMENTS TO THE TERMS

We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Amended” header above. Your continued use of the Website following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. We will make best efforts to provide you with written notification by applicable means of communication, in the event of any material changes to these Terms.

 

  1. CONTACT US

If you have any questions about these Terms, please contact us at:

APM House, 18 Raoul Wallenberg St.,
Building D, 6th floor, Ramat Hachayal,
Tel Aviv, 6971915, Israel

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