Please read these Terms carefully. You agree to these Terms in order to use our Products.
Please click on the button marked “I have read and agree to the Terms of Service” at the end of the signup process. If you refuse to accept these Terms, you will not be able to use the Products.
We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the Terms which will apply at that time.
1 Information about us
1.1 We operate the website www.privatise.com. We are Privatise Ltd., a company registered in Israel under company number 516223724 and with our registered office at 49 Moshe Dayan Jerusalem.
1.2 To contact us, please see our Contact page.
2 Our Products and acceptable use
2.1 All Products shown on our site are subject to availability. We will inform you by e-mail within 3 Business Days of your order if the Product you have ordered is not available and we will not process your order if made.
2.2 Use of our Products is subject to our Acceptable Usage Policy.
2.3 You will not use our Products in breach of the Acceptable Usage Policy and you will not do any act or omission that will cause, or could be expected to cause, any search engine to block, blacklist or ban any of of our servers or IP addresses.
2.4 We may, without compensating you, either:
(a) suspend use of your Product and notify you in writing as soon as possible after doing so;
(b) terminate any Contract with you immediately on written notice, if you breach, or we reasonably anticipate that you will breach, clause 2.3.
3 Use of our site
3.1 Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4 How we use your personal information
5 Warranty and entire agreement
5.1 You warrant that you have authority to bind any business on whose behalf you use our site to purchase Products.
6 Our right to vary these terms
6.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; or
(c) for any other reason.
6.2 By using our service, the Terms in force at that time will apply.
7 Price of products
7.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product(s) you ordered, please see clause 9.4 for what happens in this event.
7.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation.
7.3 The price of a Product excludes VAT. VAT will be payable where we are obliged to levy it. Where VAT is payable, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.4 Our site contains a number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
8.1 After the first 7 days from ordering, you may cancel a Product at any time by giving one month’s notice to cancel the next Billing Cycle.
8.2 When you cancel a Product, it will not be renewed at the end of the Billing Cycle after your notice period, and your Product will continue to the end of that Billing Cycle. Subject to clause 8.11, no pro-rata refunds are made for Products cancelled part way through the Billing Cycle. Example 1: You are on a monthly billing cycle, that renews on the 1st of each month. You give one month’s notice to cancel on 15 May. Your cancellation would come into effect on 15 June, so you would still be required to make your next payment on 1 June, and your product would terminate on 30 June. Example 2: You are on a quarterly billing cycle, that last renewed on 1 May. You give one month’s notice to cancel on 15 May. Your cancellation would come into effect on 15 June. You would not be required to make any more payments, and your product would terminate on 31 July.
8.3 We may:
(a) suspend use of your Product at any time and notify you in writing as soon as possible after doing so; or
(b) terminate a Contract at any time immediately for any reason on written notice.
8.4 Subject to clause 8.6, if we suspend use of your Product or terminate a Contract part way through a Billing Cycle, we will provide a pro-rata refund for the unused portion of the relevant Product.
8.5 If we suspend use of your Product or terminate a Contract under clause 2.4, clause 8.4 will not apply..
9 Our liability
9.1 We make no warranties as to the service availability of any of our servers or other Products or that their use will be error free.
9.2 We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with a Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
9.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
10 Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our ability to give you access to the Products, we will give you access to the Products as soon as possible after the Event Outside our Control ends.
11 Communications between us
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
11.2 Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12 Other important terms
12.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 Any dispute arising between the parties in connection with the validity, interpretation, or execution of these terms shall be settled exclusively by arbitration by the International Center for Dispute Resolution (ICDR), of the international division of the American Arbitration Association (AAA) in N.Y.C.