Refundit Ltd., (“Refundit”, “Company”, “we” or “us”) welcomes you to the mobile application “Refundit” (“App”). The App provides you with refunds equivalent in sum to the VAT paid by you for purchases you made of certain goods made in the Netherland (respectively, “VAT Equivalent Refunds” and the “Services”, as further defined below). Users of our App (“User“ or “you“) may only use the App in accordance with the terms and conditions hereunder.
GENERAL NOTE (IMPORTANT, PLEASE READ!):
• “VAT EQUIVALENT REFUNDS” ARE PAYMENTS PAID TO YOU BY THE COMPANY IN SUMS EQUIVALENT TO THE VAT PAID BY YOU FOR PURCHASES YOU MADE OF CERTAIN GOODS IN THE NETHERLANDS, SUBJECT TO THE TERMS STIPULATED HEREIN.
• ANY VAT EQUIVALENT REFUND THAT YOU MAY RECEIVE FROM REFUNDIT BY USING THE SERVICES IS PROVIDED SOLELY BY REFUNDIT AND DOES NOT CONSTITUTE AN ACTUAL VAT REFUND FROM TAX AUTHORITIES. REFUNDIT IS NOT AFFILIATED WITH ANY TAX AUTHORITY AND ANY INFORMATION THAT YOU PROVIDE TO US BY USING THE SERVICES WILL NOT BE TRANSFERRED TO ANY TAX AUTHORITY.
• VAT EQUIVALENT REFUNDS ARE PROVIDED IN ACCORDANCE WITH THE TERMS STIPULATED HEREIN AND WILL BE PROVIDED IN REFUNDIT’S SOLE DISCRETION. WE DO NOT GUARANTEE THAT WE WILL PROVIDE YOU THE VAT EQUIVALENT REFUND OR ANY PART THEREOF. OUR TERMS FOR PROVIDING VAT EQUIVALENT REFUNDS ARE DETAILED UNDER THESE TERMS, SO PLEASE READ THEM CAREFULLY.
• THE APP AND THE SERVICES (AS DEFINED BELOW) ARE INTENDED FOR USE SOLELY BY INDIVIDUALS WHO HOLD A VALID NON-EU PASSPORT AND RESIDE OUTSIDE OF THE EU. INDIVIDUALS WHO RESIDE IN THE EU ARE PROHIBITED FROM USING OUR APP AND/OR SERVICES.
• THE APP AND THE SERVICES (AS DEFINED BELOW) ARE PROVIDED ON A LIMITED BASIS INTENDED TO TEST REFUNDIT’S SERVICES.
• BY USING THE APP, YOU HEREBY AGREE AND ACKNOWLEDGE THAT WE MAY CONTACT YOU BY ANY MEANS OF COMMUNICATIONS THAT YOU MAY PROVIDE US WITH (INCLUDING, E-MAIL AND TELEPHONE) FOR THE PURPOSE OF RECEIVING YOUR SUGGESTIONS, COMMENTS AND FEEDBACK WITH RESPECT TO THE APP AND SERVICES. SUCH COMMUNICATIONS MAY INCLUDE OFFERS TO PARTICIPATE IN OUR SURVEYS, STUDY GROUPS, INTERVIEWS, ETC. WE THANK YOU FOR YOUR COOPERATION.
1. Acceptance of the Terms
Our App is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.
2. The App
When travelling to the Netherlands, Value Added Tax (“VAT”) at the applicable rate will normally be included in the price you pay for the goods you purchase. Subject to these Terms and the payment of a Fee (as defined below), by providing Refundit with certain information (as further detailed below), including a photocopy of your passport, your outbound flight boarding pass and invoices of applicable purchases, via the App, we will pay a sum equivalent to the VAT paid by you for purchases of certain goods made in the Netherlands (Fees shall be deducted from such sum, as detailed under Section 3 below) (“VAT Equivalent Refund”).
Please note that: (i) Refundit shall provide you with VAT Equivalent Refunds of VAT charged with respect to goods purchased solely in the Netherlands; (ii) VAT Equivalent Refunds shall be provided in accordance with the eligibility terms stipulated under Section 3 herein; and (iii) any information that you provide to us by using the Services will not be transferred to any tax authority.
The App may also provide you with comprehensive information regarding, inter-alia, Refundit’ services, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (the “Content”).
The App may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate the push-notifications at any time by changing the notification settings on your device.
(Collectively: the “Service”)
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP, ARE RESERVED TO REFUNDIT OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT AVAILABLE THEREIN IS PROVIDED ON AN “AS IS” BASIS. REFUNDIT WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP, THE CONTENT AND THE SERVICES.
YOUR USE OF THE APP, THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
REFUNDIT DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SERVICE. WE DO NOT GUARANTEE THAT ANY OF THE USERS’ NEEDS WILL BE FULFILLED OR THAT WE WILL PROVIDE YOU THE VAT EQUIVALENT REFUND OR ANY PART THEREOF.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
3. VAT Equivalent Refunds
The following terms shall apply to VAT Equivalent Refunds:
· All VAT Equivalent Refunds are limited to: (i) purchases that amount to a minimum of €50 per invoice submitted to Refundit; and (iii) the maximum sum of €100 per Refund Application Form (as defined below) submitted to Refundit.
· You may use the Service with no upfront payment. However, Refundit shall charge a service fee of nine percent (9%) of the VAT Equivalent Refund, which shall be deducted from the VAT Equivalent Refund when paid to you (“Fee”).
· Refundit shall provide you with VAT Equivalent Refunds of VAT charged with respect to goods purchased solely in the Netherlands;
· VAT Equivalent Refunds shall be provided solely to individuals who hold a valid non-EU passport and do not reside in the EU;
· For the purpose of receiving a VAT Equivalent Refund, you must fill out our VAT Equivalent Refund application form within the App (“Refund Application Form”), which requires that you provide the following information: (a) your country of residence; (b) your full address, including street, city, country and postal code; (c) the country of your departure from the EU; (d) the dates of your arrival to and departure from the EU; (e) a photocopy of your non-EU passport; (f) a photocopy of your outbound flight boarding pass; and (f) photocopies of the tax invoices applicable to all purchases for which you are requesting a VAT Equivalent Refund. Additional information may be voluntary provided by you as part of the Refund Application Form.
· Please note that tax invoices provided via the Refund Application Form must be legal, comprehensive and properly photographed and must clearly indicate, among other things, the name of the shop, identification number of the shop, description of the items purchased, the VAT exclusive unit price, the discounts or price reductions, the quantity and nature of the goods supplied, the date on which the goods or services were supplied and the total unit price (including VAT). You hereby agree and acknowledge that without providing us clear, full and accurate details, as listed above (including clearly readable photocopies of your outbound flight boarding pass, tax invoices applicable to all purchases for which you are requesting a VAT Equivalent Refund and passport), we will not be able to process you Refund Application Form and provide the Service.
· Refund Application Form will be accepted only if the photocopy of your outbound flight boarding pass clearly indicates that your outbound flight is due within 24 hours of the time of submission of the Refund Application Form. Therefore, Refund Application Forms submitted more than 24 hours prior to the outbound departure date will not be processed.
· Only goods that could in principle be carried in personal luggage and have not been used before leaving the Netherlands are eligible for VAT Equivalent Refunds. Any services or food items are NOT eligible for VAT Equivalent Refunds.
· Refundit will organize the VAT Equivalent Refund to the maximum amount possible based on the information and documentation provided by you and in line with the legal entitlements and obligations within the tax law of the Netherlands. The decision of the exact value of any VAT Equivalent Refund due or amount owed is subject to Refundit’s sole discretion.
· Upon submission of your Refund Application Form, Refundit shall open an enquiry into your VAT Equivalent Refund claim and will use reasonable endeavors to perform such enquiry. To the extent that our inquiry results in your eligibility for a VAT Equivalent Refund, in accordance with the terms herein, we shall pay out the refund within 30 days of submission of your Refund Application Form via the App.
· VAT Equivalent Refunds shall only be provided for purchases made within ninety (90) days prior to the submission of the VAT Equivalent Refund application via the App with respect to such purchases.
· Refundit will pay you the VAT Equivalent Refund by bank transfer or by using its authorized third party Online Payment Processors (for more details see section 6 below), such as PayPal, and solely in Euro or NIS currency. Please note that Refundit has no control over the fees charged locally by banks, credit card issuers or Online Payment Processors for cashing VAT Equivalent Refunds or exchanging VAT Equivalent Refunds to different currencies. Refundit will not be liable for any such changes and fees, any currency exchange rates or any time period that such banks, credit card issuers or Online Payment Processors take to transfer or exchange the VAT Equivalent Refund.
· You agree not to use the Services for any commercial, business or re-sale purpose.
· You hereby agree and acknowledge that Refundit will decline to provide you the Services and/or VAT Equivalent Refunds, in its sole discretion, if: (a) you provided information which is false, inaccurate, incorrect, insufficient or misleading in any way; (b) you have already received a VAT refund for the applicable goods; (c) Refundit believes that by using the Services, you have committed fraud or fraudulent misrepresentation; and/or (c) you have already applied for a refund for the applicable goods, either directly or through another person, natural or legal. For the avoidance of doubt, Refundit shall have no liability for VAT Equivalent Refunds if any information provided by you is untrue, inaccurate, not current or incomplete.
4. Use Restrictions
There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result in the termination of your access to the App, and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Refundit, you may not (and you may not permit anyone to): (a) use the App and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Content for non-personal or commercial purposes without Company’s express prior written consent; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of Refundit, Refundit or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or disrupt the operation of the App or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App or our Service; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our App’s infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App; (h) copy, modify, alter, adapt, make available, distribute, translate, make derivative works, port, reverse engineer, decompile, or disassemble any portion of the Content and/or Refundit’s Intellectual Property (as defined below); (i) sublicense, sell, rent, transfer, lend, or make any commercial use of the App; (j) frame or mirror any part of the App; (k) create a database by systematically downloading and storing any data from the App; (l) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (m) infringe and/or violate any of the Terms.
5. Registration and User Account
You may not have more than one (1) active Account and creating multiple Accounts with overlapping uses or in order to evade a suspension of your Account (as further detailed below) is not allowed.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be expose to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Refundit. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your credentials or Account or any other breach of security.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
6. Online Payment Processors
Subject to the terms hereof, Refundit hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the Service and the Content provided in the App in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Refundit regarding the App (“Feedback“), Refundit shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our or Refundit’ current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
9. Intellectual Property Rights
The App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
10. Trademarks and Trade names
Refundit’ marks and logos and all other proprietary identifiers used by the Company and/or its third party affiliates in connection with the Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
11. Links to Third Parties’ Websites
12. Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
13. Export Control Laws
The App may be subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws. In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
14. Special provisions relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Refundit disclaims all liability related thereto. You acknowledge that Refundit is not the author, owner or licensor of any Third Party Components, and that Refundit makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
The Services’ availability and functionality depends on various factors, such as communication networks. Refundit does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
16. Changes to The App
Refundit reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Refundit shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this App or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
Refundit has no obligation to provide upgrades or new releases of the App under these Terms. However, if Refundit supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates.
17. Disclaimer of Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND REFUNDIT, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “REFUNDIT’ REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP AND/OR SERVICES AND/OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT REFUNDIT WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR MOBILE DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND REFUNDIT AND REFUNDIT’ REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP, SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS). REFUNDIT AND REFUNDIT’ REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE APP AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
18. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL REFUNDIT, INCLUDING REFUNDIT’ REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE FAILURE OF THE APP TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF REFUNDIT TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF REFUNDIT OR REFUNDIT’ REPRESENTATIVES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REFUNDIT (OR REFUNDIT’ REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, REFUNDIT’ AND REFUNDIT’ REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO REFUNDIT FOR USE OF THE APP OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM REFUNDIT’ REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
19. Amendments to the Terms
Refundit may, in its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and will send you an e-mail regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
At any time, Refundit may block your access to the App and/or temporarily or permanently limit your access to the App, in its sole discretion, in addition to any other remedies that may be available to Refundit under any applicable law. Such actions by Refundit may be taken, for example, if Refundit deems that you have breached any of these Terms in any manner. Additionally, Refundit may at any times, in its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Refundit does not assume any responsibility with respect to, or in connection with the termination of the App’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the provisions of the Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
(a) These Terms constitute the entire terms and conditions between you and Refundit relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the App or the Content contained therein will be governed by and interpreted in accordance with the laws of the state Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel Aviv-Jaffa, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Refundit may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Refundit, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
23. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to firstname.lastname@example.org and we will make an effort to reply within a reasonable timefram