General – Terms of Use

These Terms of Use (“Terms”) shall apply to your (“you”) use of Compack Commerce Ltd.’s (“Compack”) web site located at: www.com-pack.net (“Site”) and proprietary custom packaging marketing platform (Platform) located on the Site.

Upon your access and/or use of the Platform and/or the Site, you shall be deemed to have acknowledged and confirmed that you have read these Terms, understood then and agreed to them. Compack may from time to time update, amend or modify these Terms and such updates and/or amendments and/or modifications will apply at that instant to all then current and subsequent uses of the Platform and/or Site. Without derogating from the above, Compack may, at its sole discretion, notify you of a change or amendment to these Terms by sending you a notification when you next access the Site and/or Platform or by sending you a notice by e-mail. Your continued access and/or use of the Site and/or Platform following such amendments shall be deemed as your confirmation of such revised Terms.

1.     The Platform

Subject to your compliance with these Terms, you will be granted with the right to access and use the Platform which includes an online marketplace that enables: (a) producers and suppliers using the Platform (each a “Vendor”) to advertise their products and packaging services (“Packaging Products” and “Listings” respectively); and (b) Vendors and customers like yourself to interact and transact for the order and purchase of applicable Packaging Products.

Although Compack uses reasonable commercial efforts to review and examine the Listings, Compack is unable to verify and/or guarantee: (a) that all information set forth in each applicable Listing is complete, accurate, and/or updated and; (b) that the applicable Packaging Product specification meets your required needs. Due to the above, you acknowledge and confirm that you are aware that the information set forth in each Listing is provided solely by each Vendor and therefore such Vendor is solely responsible for providing you with complete, accurate, and updated information regarding each Packaging Product advertised via the Platform or elsewhere.

Additionally you acknowledge and confirm that you are aware that: (a) Compack, as the provider of the Platform does and will not offer sell, control, manage, deliver, or supply any Packaging Products on Vendor’s behalf; (b) under each engagement between yourself and a certain Vendor, the applicable Vendor shall be solely responsible and liable towards you for the offer, manufacture, delivery and the supply for any product or service including for Packaging Products published via the Platform; and (c) Compack shall not be deemed as a party to any of the said engagements.

Currently and unless indicated otherwise no fees are charged in consideration for your use of the Platform. To the extent this changes, we will update you.

2.     Access to Platform and/or the Site

In order to access the Platform and/or the Site you shall be solely responsible to ensure that your computer, operating systems, computer networks and network connections, telecommunications facilities or mobile device meet all the necessary technical specifications to enable you to access and use the Platform.

3.     Rules of Conduct and Usage

While using the Platform and/or accessing the Site, you agree to comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Platform. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of individuals.

Your use of the Platform and/or access to the Site shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your right to use the Platform and/or access of the Site is limited by such purpose. You hereby agree that in case that Compack determines that you have acted in violation of these Terms or any applicable law while using the Platform, or if Compack determines your actions fall outside of reasonable standards, Compack may, at its sole discretion, prohibit you from using the Platform and/or accessing the Site. In furtherance of the foregoing, and as an example and not as a limitation, you hereby agree that by using the Platform and/or accessing the Site you shall not act as follows:

             i.         Upload or transmit (or attempt to upload or transmit) files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Platform.

            ii.         Violate the contractual, personal, privacy, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Platform in any manner that infringes any copyright, trademark, design, patent, trade secret, or other rights of any party (including rights of privacy or publicity).

          iii.         Engage in, cause, or permit the reverse engineering, disassembly, decompilation or any similar manipulation or attempt to discover the source code or underlying ideas or algorithms of the Platform or any part thereof;

          iv.         Bypass, alter, or tamper with any security or lockout features of the Platform;

            v.         Create any derivative work or translation of the Platform;

          vi.         Provide, lease, rent, lend, license, assign, delegate, or otherwise transfer or use or allow others to transfer or use the Platform for the benefit of any third party.

         vii.         Upload or transmit (or attempt to upload or to transmit), any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”). Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access the Platform for any purpose.

       viii.         Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Platform.

          ix.         Defraud, or attempt to defraud, Compack or its Vendors and/or customers, and to refrain from acting in bad faith in your use of the Platform.

            x.         To build a competitive marketplace, product or service or to otherwise copy the features, functionality or user interfaces of the Platform.

          xi.         Use the Platform in any manner that diverts Vendors and/or customers from the Platform or that directs Vendors and/or customers to a website that is not owned or controlled by Compack.

Reviews and Ratings. The Platform may include social networking functionality that will allow you and other customers to review and rate Packaging Products and Vendors according to a variety of criteria’s. In order to preserve the integrity of these “Reviews” and “Ratings”, you agree that you will not, directly or indirectly: (i) receive incentives from Vendors to rate their Packaging Products; (ii) rate or review the Packaging Products of any of your competitors; or (iii) take any other action that could reasonably be expected to artificially influence reviews or ratings results.

You acknowledge that Listings are ranked and placed in your search results on the Platform, in accordance to a calculation based on a variety of factors, such as turnaround, MOQ, design flexibility, Rankings, Reviews, other customers’ requirements etc.

4.     Communication Channels

The Platform may now or in the future provide communication channels such as blogs, forums, communities, or chat areas (collectively, “Communication Channels”) designed to enable you to communicate with Vendors and/or other customers. Compack is under no obligation to monitor these Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Compack may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason.

You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Compack, and these communications should not be considered reviewed or approved by Compack.

You will be solely responsible for your activities within the Communication Channels and under no circumstances will Compack be liable for any activity within the Communication Channels. You agree that your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Compack is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

If you choose to upload and/or submit content to the Site (for example by e-mail, reviews, comments, questions, suggestions etc.) (“User Content”), you grant Compack a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; and (b) use the name and other personal information, including your likeness, that you submit in connection with each such User Content. You acknowledge that Compack will only provide direct attribution of your User Content with your permission or in order to cooperate with legitimate governmental requests, subpoenas, or court orders. You acknowledge and agree that no User Content will include confidential or proprietary information of a third party or information that you otherwise are not allowed to disclose to the public. You acknowledge and agree that your User Content, your name, and, if you include a photo in your profile or submit a video review, your likeness, and any other personal characteristics or private information you include with your User Content, may be used by Compack through different medias (whether in websites, mobile apps, advertising and marketing materials, social media, etc.). In addition, such use shall be subject to Compack’s Privacy Policy.

5.     Dealings with Vendors

You hereby acknowledge and agree that any responsibility regarding correspondence or business dealings with Vendors whether through the Platform or externally, including delivery of related goods or services, payment thereof and any other terms, conditions, warranties or representations associated with such commercial transactions, shall be governed solely by the terms and conditions set forth in your engagement with such Vendor.

Compack will not be responsible or liable for any loss or damage of any sort incurred as the result of any such commercial transactions or as the result of the presence of such other Vendor on the Platform.

The relationship between Compack and all Packaging Products Vendors, are governed by separate terms and conditions.

6.     Third Party Material

As part of your use of the Platform and/or Site you may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources (“Third Party Materials”). You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Compack disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Platform and/or Site. You acknowledge and agree that Compack: (a) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Platform and/or Site. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by Compack of Third Party Materials or any such third party services.

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

7.     Links, Search Engines

The Platform and/or Site may contain links to other websites or resources (“Linked Sites”). The Linked Sites are not under the control of Compack and Compack is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Compack is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Compack of the site or any association with its operators. You acknowledge and agree that Compack will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8.     Intellectual Property Ownership

The Platform, including but not limited to all materials, any computer software (in object code and source code form), data or information employed by Compack pursuant to these Terms, and any know-how, methodologies, equipment, or processes used by Compack to provide the Platform and the Site, including without limitation all patent, copyright, trade secret and any other proprietary rights therein and any other deliverables provided by it herein, are and shall remain the sole and exclusive property of Compack.

Nothing in the Terms gives you a right to use any of Compack’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

Any feedback, suggestions, ideas or other inputs that you provide Compack in connection with the Platform and/or the Site may be freely used by Compack to improve or enhance Compack’s products and services and, accordingly, all rights to such improvements and/or enhancements, howsoever arising, including as a result of any ideas, inputs or information provided by you as aforesaid, shall vest solely with Compack.

During the course of your access and use of the Platform and/or the Site, Compack may collect information regarding your use of the Platform, such as information on which tools and/or services in the Platform are being used and how they are being used, connection time to Compack’s server, etc. Any such information gathered by Compack will be used in general, aggregated, non‑personally identifiable form in connection with evaluating and improving Compack’s products and technology and for statistical purposes. Notwithstanding, the use of any of our on-line services, shall be subject to Compack’s Privacy Policy available at: https://www.com-pack.net/privacy-policy.

9.     Warranty Disclaimers

You acknowledge and confirm that you are aware that Compack, as the provider of the Platform, does not and will not have any responsibility in regards to your negotiations and/or engagement you may enter into with any Vendors and/or for Packaging Product purchased from such Vendors.

The Platform and the Site are provided on an “AS IS” and “AS AVAILABLE” basis. You shall be solely responsible for any and all acts or omissions taken or made in reliance on the Platform. To the fullest extent permitted by law, Compack its officers, directors, employees, and agents disclaim any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, title, fitness for a particular purpose or use, satisfactory quality, non-infringement, accuracy or completeness of the content of the Platform or contents of any sites linked to the Platform, that any data stored with Compack will be secure or otherwise not lost or damaged, or that the Platform will be uninterrupted or error free.

Compack makes no representations about the quantity, sufficiency or quality of data that it provides. Compack does not guarantee that the information provided by the Platform is accurate or complete, or the results to be achieved from such information, including any specific conversion rates.

10.  Limitations of Liability

in no event shall compack or anyone on its behalf be liable for any direct, indirect, consequential, incidental, special or punitive damages of any kind, including without limitation damages for loss of business or profits, business interruption, loss of business information or loss or damages to goodwill, in connection with, your access to, display on, or use of the site and/or the platform or with the delay or inability to access, display, or use the site regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if compack has been advised of the possibility of such damages or loss.

11.  Indemnification

To the fullest extent permitted by applicable law, you shall defend, indemnify and hold Compack, its affiliates, and their respective officers, employees consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, or proceedings brought against Compack by a third party, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:

             i.         Your violation of the Terms.

            ii.         Your improper use of the Platform.

          iii.         Your interaction and/or engagement with any Vendor, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction and/or engagement.

          iv.         Your violation of any applicable laws and/or any third party right, including without limitation any copyright, property, or privacy right.

You agree not to settle and/or compromise any such claim without Compack’s prior written consent. Compack reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Compack and you agree to cooperate with Compack defense of such claims at your expense.

12.  General Terms

Governing Law and Jurisdiction. You agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Compack. Any claim or dispute between you and Compack that arises in whole or in part from your use of the Site and/or Platform shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.

Violation of the Terms. If you violate these Terms, Compack reserves the right to issue you a warning regarding the applicable violation and/or to immediately prohibit you from using the Site and/or Platform. You agree that Compack does not need to provide you a notice before prohibiting your use of the Site and/or Platform, but it may provide such notice in its sole discretion.

Severability. If any term, provision, covenant or restriction of the Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against regulatory or public policy, the remainder of the terms, provisions, covenants and restrictions of these Terms shall in no way be affected, impaired or invalidated.

Entire Agreement. The terms and provisions contained herein constitute the entire agreement between yourself and Compack with respect to the subject matters hereof and shall supersede all previous communications, oral or written, between the yourself and Compack hereto with respect to the subject matters hereof.

Waiver. No waiver of any rights by any party hereto shall be construed as a waiver of the same or any other right at any prior or subsequent time. Furthermore, no waiver or delay on the part of a party hereto in exercising any power or right hereunder, and no forbearance or indulgence of a party granted to the other party, shall in any way restrict or diminish the full rights and powers of that party under these Terms, or operate as a waiver of any breach by a party of any of the terms or conditions of these Terms.

Service Help. If you require any further information and/or assistance please contact us by e-mail at [email protected].

Last Updated on September 2, 2020.

All rights reserved, Compack Commerce Ltd.

 

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