Terms of use
Terms of use
Before reading the articles below, please note the following preliminary terms, which constitute an inseparable part of this Agreement, use some of the definitions specified in Article 1 below
This Agreement governs the use of Bglobal's Websites and Services, including without limitation, any information or data embodied in or provided by Bglobal's Websites or Services.
By visiting or using any of Bglobal's Website or Services you acknowledge and agree that any of Bglobal's Websites or Services do not, and do not intend to, support or carry emergency calls.
Before you use or visit any of Bglobal's Websites or Services, you must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference. It is your responsibility, as you read this Agreement, to also access and read the information contained in the other pages and websites referred to in this Agreement, as they constitute part of this Agreement and contain further terms and conditions and other information which apply to you as a user of Bglobal's Websites or Services. Please note: underlined words and phrases are click-through links to these pages and websites.
This Agreement describes the terms and conditions applicable to your use of Bglobal's Websites and Services. If you do not unconditionally agree to be bound by this Agreement you may not use or visit any of Bglobal's Websites or Services.
You acknowledge and agree that by visiting or using any of Bglobal's Websites or Services, you are entering into a legally binding contract that shall govern any use of Bglobal's Websites or Services by you or any third party on your behalf. Further, you hereby agree to the use of electronic communication in order to enter into contracts, place orders and to the delivery or acceptance of notices, policies and records of transactions initiated or completed through Bglobal's Websites or Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
If any limitation under any applicable law prevents or limits your ability to be bound by this Agreement or any part thereof, you may not visit or use any of Bglobal's Websites or Services. By visiting or using any of Bglobal's Websites or Services you explicitly state that, you are in full compliance of any law applicable, including without limitation, any applicable law regarding limitation on you entering into agreements or using or visiting any of Bglobal's Websites or Services due to your age or any other limitation regarding your use or visit of any of Bglobal's Websites or Services.
1. Definitions
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1. Agreement means this Terms of Use, as may be renewed, modified and/or amended from time to time.
1.2. Bglobal means Bglobal Ltd. a company established under the laws of Israel, with its registered address at 8 Hapnina st. Raanan, Israel.
1.3. Bglobal's Websites means any and all elements, contents and the 'look and feel' of the website available under the domain www.Bglobal.global and all related sites owned, operated or controlled by bglobal Ltd..
1.4. Bglobal's Services means any of Bglobal services available via any of Bglobal's Website.
1.5. Emergency Services means services that connect a user to emergency services personnel or public safety answering points, including without limitation, same which are pursuant to applicable local and or national regulatory requirements.
1.6. Intellectual Property means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (ii) any work of authorship, regardless of copyrightability, copyrightable works and all copyrights; (iii) all trade secrets and confidential information; and (vi) any other similar rights, in each case on a worldwide basis.
1.7. Software means the software distributed by Bglobal for internet communication applications as defined in the End User agreement..
2. License And Access. Bglobal grants you a limited license to access and make personal use of Bglobal's Websites and Services and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of any of Bglobal's Websites or Services or its contents; any derivative use of any of Bglobal's Websites or Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of Bglobal's Websites or Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of any of Bglobal's Websites or Services or any part thereof. You may not use any meta tags or any other "hidden text" utilizing Bglobal's name or trademarks. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Bglobal's Website so long as the link does not portray Bglobal or any of its services or products including without limitation, Bglobal's Services or Websites or the Software, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bglobal's logo or other proprietary graphic or trademark, including without limitation, as part of a link, without Bglobal's express written permission.
3. Proprietary Information. Any of Bglobal's Websites and any of Bglobal's Services, and any part therof, including without limitation logos, text graphics, buttons, icons, images, videos, sounds, names, 'look and fill', source code and any and all Intellectual Property, embodied in the same, including, copyrights, patents, trademarks, titles, or other proprietary information and/or any techniques, algorithms, methods or processes contained in such, in whole or in part, in any form, including without limitation, any component, modification, extraction or development thereof made by Bglobal or you or any third party, constitute trade secrets and proprietary information of Bglobal, and are protected as such by this Agreement or by any applicable law.
You shall not make any use of such Bglobal proprietary information and nothing in this Agreement shall construed giving you any licence or approval to do so.
You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of Bglobal's Website's or Services or any part thereof.
4. Modifications and Updates.
4.1. Bglobal has the right at any time and for any reason to modify or discontinue any aspect or feature of any of Bglobal's Websites or Services, including but not limited to its content, functionality, availability, or its pricing.
4.2. Without derogating form the above said, Bglobal, at its sole discretion, reserves the right to add additional features or functions, or subtract or change such or to provide programming fixes, updates and upgrades, to any of Bglobal's Websites or Services. You acknowledge and agree that Bglobal has no obligation to make available to you any subsequent or previous versions of any of Bglobal's Websites or Services.
5. Paid Services. You acknowledge and agree, that parts of Bglobal's Websites or Services are conditioned or shall become conditioned with payment (hereinafter " Paid Services "), such Paid Services are stipulated at Bglobal's Website. Bglobal may, at its sole discretion and without prior notice, condition the use (of all users or a group of users or your use specifically) of any part or all the of its Websites or Services, with payment, change such Paid Services, turn unpaid services or Websites (or any part thereof) into Paid Services, and visa versa. Any and all terms and condition in this Agreement, including without limitation, any limitations or disclaimers of liability or of warranty, shall apply to the Paid Services, except if explicitly stated to the contrary in this Agreement or in any additional terms and conditions brought to your attention prior to such payments.
5.1 Prepaid Servies. Any advanced features or credit, accumulated in a prepaid account, shall be valid for a period of six months following receive of such credit or advance features, and shall be cancelled without any refund of compensation if not fully used within such six months period.
6. Privacy Policy . Subject to the terms and conditions of the Privacy Policy any communication or material you post or transmit by or on any of Bezeocm's Websites or Services shall be treated as non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit. If you object to your information being transferred or used in this way please do not use any of Bglobal's Website's or Services.
7. No Warranties.
7.1. Bglobal cannot guarantee that you shall always be able to communicate by using any of Bglobal's Webseites or Services, nor can Bglobal guarantee that you can communicate without disruptions, delays or communication-related flaws or that all your communication shall always be delivered. Bglobal shall not be liable for any such disruptions, delays or other omissions in any communication experienced when using the Software, even if such was incurred by or due to Bglobal.
7.2. Bglobal shall not be responsible or held liable for any disturbances or malfunctions that any of Bglobal's Websites or Services may cause to any other software or application, or to any computer hardware system or any part thereof, including any information or data contained in such.
7.3. Bglobal may suspend any of Bglobal's Websites or Services, including Paid Services, or any parts thereof, for maintenance work, updates or for any other reason, or terminate any of such Websites or Services, all at its sole discretion, without any prior notice. Bglobal shall not be liable or responsible with respect to or in connection with, such suspension or termination.
7.4. Bglobal's Websites and Services are a pre-release “beta” version of the Websites and Services that may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data.
8. No Responsibility of Content. Bglobal's Websites and Services and all information, content, materials, products (including software) and services included on or otherwise made available to you through any of Bglobal's Websites or Services are provided on an "as is" basis. Bglobal and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors make no representations or warranties of any kind, expressed or implied, as to the operation of any of Bglobal's Websites or Services or the information, content, materials, products (including software) or services included on or otherwise made available to you through such Websites or Services. Without derogating from the aforementioned, you acknowledge and understand that the content of the communication spread by the use of any of Bglobal's Websites or Services is entirely the responsibility of the person or entity from whom such content originated. Further, Bglobal's Websites or Services may contain links to other websites, you acknowledge and agree that the content of such is entirely the responsibility its respective authors. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable and your linking to such web sites is at your own risk and you acknowledge and agree that Bglobal shall not be liable for any type of communication spread by means any of Bglobal's Websites or Services.
9. No Emergency Services.
9.1. You expressly agree and understand that any of Bglobal's Websites or Services are not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. Bglobal shall in no way be liable for such emergency calls or to any inability to perform such emergency calls via any of Bglobal's Websites or Services.
9.2. By agreeing to this Agreement you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept your responsibility to purchase, separately from any of Bglobal's Websites or Services, traditional wireless or wireline telephone service that offers access to Emergency Services.
9.3. You recognize and agree that Bglobal is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that Bglobal's Websites or Services are not a replacement for your primary telephone service.
10. Lawful purposes. You acknowledge and agree to use any of Bglobal's Websites or Services solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble any of Bglobal's Websites or Services or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent, unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law or otherwise objectionable.
You will be responsible for, and indemnify and hold harmless Bglobal against any claim arising from any material that you post or transmit.
11. Children's use. Bglobal's Websites or Services are not directed or intended for children under thirteen years of age. If you are under thirteen years of age, you should not use the any of Bglobal's Websites or Services.
12. Registration. As a world wide standard, IP address are allocated according to states or areas. During registration, Bglobal may utilize such allocation to identify the area you are calling from (this is made without personally identifying you). any use of any of Bglobal's Websites or Services must be made from the area you have registered from, you may not, by any means, cause Bglobal to misidentify the area you are registering from (including without limitation by the use of proxy or any other software or service). You acknowledge and agree that not complying with such terms may cause Bglobal to be in violation of or non compliance with any applicable law for which you shall be fully responsible for.
13. Fees & Refund Policy. The fee you pay (if any) is in consideration for the Paid Services and is designed to cover Bglobal costs and time. Payment of all fees and charges to Bglobal, if applicable, must be made by a valid credit or charge card and/or other forms of accepted payment as designated on the relevant Bglobal Website. Refunds, in case of cancellation or material changes of the Paid Services, shall be given at the sole discretion of Bglobal , and in event shall not exceed the amount actually paid by you for the remaining credit outstanding to you with respect to any of the relevant Paid Service. Without derogating from said in this Agreement, fees paid are not recoverable if Bglobal suspects, at its sole discretion, that you are in breach of this Agreement, including without limitation, creating any problems with any of Bglobal's Websites or Services or the use thereof, possible legal liabilities, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons, or if the Paid Services have been made impossible by any events beyond the control of Bglobal (for example, including but not limited to act of war, acts of nature, technological limitations, economical resources, legislative or procedural change or State Action).
By visiting or using any of Bglobal's Websites or Services you understand and agree to the refund policy specified herein.
14. User ID and Password. You are the only person authorized to use your user identification and password, and are not allowed to permit or allow other persons to have access to or use the same. You are responsible for the use of any of Bglobal's Websites or Services under your user identification number, and for maintaining the confidentiality of your user identification and password. For security purposes, unless otherwise noted, Bglobal shall not disclose your user identification or password if you lose or forget it other than by sending it to your email address as provided during registration.
15. Termination. Without limiting other remedies, Bglobal may limit, suspend, or terminate your use of Bglobal Websites or Services (including Paid Services) and delete your user account and/or user ID, at any time, with or without cause and without any recourse, with immediate effect and without any prior notice. licenses
Bglobal shall not be liable in respect to any damage caused by or arising of or in connection with the termination or suspension or restriction, irregardless of the reason thereof.
16. Disclaimer of Warranties
16.1. The warranties stipulated in this Agreement, constitute the sole warranties of Bglobal's and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors. Any warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for particular use or the legality of the any of Bglobal's Websites or Services, not expressly granted by Bglobal are hereby disclaimed.
16.2. any of Bglobal's websites or services are provided "as is", with no warranties whatsoever; Bglobal and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors do not, either expressed, implied or statutory, make any warranties, claims or representations with respect to any of Bglobal's website or services, including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose. Bglobal and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors further do not represent or warrant that the Bglobal's websites or services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor do Bglobal and any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors warrant any connection to or transmission from the internet, or any quality of calls made through any of Bglobal's websites or services.
16.3. Bglobal's Websites may allow you to access third party websites. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any.
your access to or use of any of Bglobal services or any websites including without limitation Bglobal's websites, and including any goods, services or information made available from such websites or services is at your own risk. Bglobal, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors makes no warranties, conditions, indemnities, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any matters, including but not limited to non-infringement of third party rights, title, integration, accuracy, security, availability, satisfactory quality, merchantability or fitness for any particular purpose with respect to such services or websites including any goods, services or information made available from such websites or services.
16.4. Specific Disclaimer of Liability for Emergency Services. Bglobal does not provide Emergency Services in conjunction with any of Bglobal's Software or Services. Neither Bglobal nor its officers its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the use of any of Bglobal's Websites or Services to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless Bglobal from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, you relating to the use of any of Bglobal's Websites or Services, including without limitation, the absence, failure or outage of such, including specifically any claims arising out of the failure of Bglobal to offer Emergency Services.
16.5. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR VISIT OR PERFORMANCE OF ANY OF BGLOBAL'S WEBSITES OR SERVICES REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16.6. Indemnification.
16.6.1. You agree to indemnify, defend and hold harmless Bglobal , its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting made against Bglobal by any third party due to or arising out of or in connection with your visit or use of any of Bglobal's Websites or Services.
16.6.2. You agree to defend, hold harmless and indemnify Bglobal from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorneys’ fees, resulting from or arising of any and all third party claims, including without limitation your own, exceeding the limitation of liability stipulated in this Agreement.
16.7. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
17. Limitation of Liability
17.1. you acknowledge and agree that Bglobal, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors shall have no liability in connection with or arising from your use or visit of any of Bglobal's websites or services.
17.2. in no event shall Bglobal, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for any injuries, indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) arising out of the visit or use of any of Bglobal's websites or services or inability to use such, even if Bglobal, its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, suppliers or licensors have been advised of the possibility of such damages.
17.3. your only right or remedy with respect to any damage, problems or dissatisfaction in connection with any of Bglobal's website's or services or the use or visit thereof is to cease use of such websites or services.
17.4. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation.
18. Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of any of Bglobal's Services or Websites, including all disputes, shall be governed by the laws of Israel without regard to its conflict of laws provisions. You agree to the sole personal jurisdiction by and venue in the competent Court in the city Tel Aviv, Israel and waive any objection to such jurisdiction or venue. Any claim under this Agreement must be brought within 1 year after the cause of action arises, or such claim or cause of action shall be barred. In the event of any controversy or dispute between Bglobal and you arising out of or in connection with your access to or use of any of Bglobal's Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
19. Miscellaneous
19.1. This Agreement set forth Bglobal’s entire liability and your exclusive remedy with respect to any use of or access of any of Bglobal's Websites or Services, and is a complete statement of the agreement between you and Bglobal.
19.2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
19.3. This Agreement does not limit any rights that Bglobal may have under trade secret, copyright, patent or other laws. The employees of Bglobal are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Bglobal , except for those made in writing signed by an authorized officer of Bglobal . If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to the minimal extent possible, deemed omitted and the remaining provisions will continue in full force and effect.
additional representations, commitments, or warranties binding on Bglobal, except for those made in writing signed by an authorized officer of Bglobal. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to the minimal extent possible, deemed omitted and the remaining provisions will continue in full force and effect.
19.4. Bglobal may, at its sole discretion, amend this Agreement at any time by giving you notice or by posting the amended Agreement on the relevant Bglobal Website. Any amended Agreement shall govern new user registrations from the date that it is posted on such Website. Existing users shall be bound by the amended Agreement after the expiry of 14 days following the date of a Notice and your continued use of the Software following such date shall mean that you accept and agree to the amendments. No other amendment to this Agreement shall be effective.
19.5. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bglobal without restriction and without notice.
19.6. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING ANY OF BGLOBAL'S WEBSITES OR SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO BGLOBAL THE RIGHTS SET FORTH HEREIN.